Terms of Service

Well Crafted is a simple system for creating and managing a digital portfolio.

By visiting wellcrafted.net / wellcrafted.is (the “Website”), or using any features offered through the Website or any affiliated applications, tools or features accessible by computer or handheld device (together, the “Services”) you agree to the terms and conditions of use set forth herein, along with any rules, policies and procedures instituted from time-to-time (these “Terms of Use”). These Terms of Use are between you and Duo Creative, LLC (“Duo” or the “Company”), the owner of the Services. When used in these Terms of Use, “we”, “us” and “our” mean Duo. Your use of the Services constitutes your acceptance of these Terms of Use.

These Terms of Use apply to the Services currently offered by Duo as well as Services that may be offered in the future. Duo reserves the right to change, suspend and discontinue any aspect of the Services at any time including, but not limited to, the nature of the Services offered, databases, hours of availability, and software needed for access or use. The Services are available only to, and may only be used by, individuals and entities able to form legally binding contracts under applicable law. The Services offered hereunder are not available to children (persons under the age of 13) or to any user whose use of the Services has been suspended or revoked. If you are under the age of 13, you can use the Services only in conjunction with, and under the supervision of, a parent or guardian. If you are acting on behalf of any entity or organization, you warrant and represent that you have the authority to bind the entity to these Terms of Use. Duo reserves the right to permit or restrict any user’s access to the Services in its sole and absolute discretion.

Content

Duo may present you with information, content and features, including but not limited to, fonts, text, backgrounds, graphics, illustrations, designs, programs and code and advertisements; the Services may also include third party materials, software, features and information made available to you by virtue of a license, grant or some other form of agreement (collectively, “Website Content”). Duo is not responsible for inaccurate information provided through the Services, makes no representations as to the quality, accuracy or completeness of Website Content and does not assume any liability for any loss that may result from the reliance by any person upon any Website Content provided on or through the Services.

Membership and Posting

You may be permitted to register for membership by providing personal information, custom screen names, icons and other profile information (collectively, “Profile Information”), and you may be permitted to sign up for contests, comment on, post, transmit or submit messages, commentaries, reviews, ideas, concepts, techniques, know-how and other information and materials, which may include (without limitation) uploading information, links, data, documents, images and files, participating in discussions, providing Profile Information, submitting opinions and reviews and engaging other users of the Services (collectively, and together with Profile Information, “User Generated Content”). When you submit, publish, post or display User Generated Content on or through the Services by creating a profile, building a portfolio, connecting with other users, posting materials or participating in interactions with third parties, you agree to comply with these Terms of Use. For purposes of these Terms of Use, Content shall include User Generated Content and Website Content.

Content and Services

Duo does not endorse or have any control over User Generated Content submitted by you or others, and accepts no responsibility whatsoever in connection with or arising from Content owned or posted by any third party. User Generated Content submitted through the Services is not necessarily reviewed by Duo prior to posting or at any time. If at any time the Company chooses, in its sole discretion, to monitor User Generated Content, the Company nonetheless assumes no responsibility with respect thereto, no obligation to modify or remove any inappropriate or inaccurate User Generated Content, and no responsibility for the conduct of the person submitting any User Generated Content.

The Company makes no warranties, express or implied, as to the suitability, accuracy or reliability of any User Generated Content, or any files, data, ideas, information, opinions, reviews, communications, messages, posts, transmissions or other content and materials, including without limitation User Generated Content, posted or accessible through the Services. Nonetheless, the Company reserves the right to prevent you from submitting User Generated Content and to edit, restrict and/or remove any User Generated Content for any reason at any time. You agree that Duo shall accept no liability if we prevent, in our sole discretion, your User Generated Content from being distributed or published, or we edit, restrict or remove it. You also agree to permit any other user of the Services and any third-party website on which your User Generated Content may be included, to access, view, store and reproduce such material, including any public portions of your Profile Information, for their individual use.

You may have the ability to send (by e-mail or otherwise) messages directly to Duo or another user through the Services. The Company shall have no liability for any delay, loss or damage that may result from your use of e-mail tools or from interception or unauthorized use by Duo or third parties of any information you send through our systems. You are solely responsible for your interactions with other users on and through the Services.

Ownership and Use of Content

Except as otherwise set forth herein, as between you and Duo, all Website Content is owned by Duo and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. Use of the Website Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Website Content, including, without limitation, framing the Website Content within another website, is expressly prohibited without the prior written permission of Duo. Please contact us at support@wellcrafted.net with any licensing inquiries.

Duo does not assert ownership over User Generated Content; rather, as between us and you, subject to the rights granted to us herein, you retain full ownership of User Generated Content created by you. By providing information or posting User Generated Content on or through the Services, you hereby grant Duo a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty-free right and license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify and create derivative works from any such Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Services or the promotion thereof.

Notwithstanding anything herein to the contrary, Duo shall not (a) be subject to any obligations of confidentiality regarding any User Generated Content except as specified in Duo’s Privacy Policy, as set forth in any additional terms and conditions relating to specific products, features or services, or as otherwise specifically agreed to by us in writing or required by law; (b) be obligated to compensate you or any third party for our use of any User Generated Content; or (c) be required to accept or respond to any submission of User Generated Content. By registering or using the Services, you waive all rights to any claims against Duo for alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Generated Content. By submitting User Generated Content on or through the Services, you represent to the Company that such content is original, you are its rightful owner or that you have first obtained permission from the rightful owner to submit it, and that you have the authority to assign and license to Duo the rights, title and interest described herein in to such Content. You acknowledge that the Company has detrimentally relied upon this representation. Accordingly, you further agree to defend, hold harmless and indemnify the Company and its licensees from and against any and all threats and claims of alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution raised by any party against the Company in connection with your User Generated Content.

Furthermore, you agree to release Duo, its parents, partners, contractors, licensees and affiliates together with their respective employees, agents, officers, directors, and shareholders, from any and all liability and obligations whatsoever in connection with, or arising from, your use of the Services and the use by Duo of Content provided by you. If at any time you are not happy with the Services or you object to any Content, your sole remedy is to cease using them.

Advertisements and Third Party Materials

From time to time, we may incorporate advertising and information, software features and services provided by other users or third parties (“Third Party Materials”). Third Party Materials, whether or not provided by us, does not imply our endorsement, approval, or verification of such Third Party Materials or the policies, products or services of any third party. We do not always review Third Party Materials and we are not responsible or liable for its quality, availability or completeness, or its compliance with any law, rule or regulation. By providing access to Third Party Materials, Duo is not recommending the products, features or services of any third party. Subject to the terms of applicable service or other agreements, we may remove Third Party Materials upon written request by its owner or licensor.

Limitation of Use

You agree that you will neither post nor submit any Content that:

• is unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
• violates the copyright, trademark or other intellectual property rights of any other person or Duo;
• is false, inaccurate or misleading or improperly assumes or claims the identity, characteristics or qualifications of another person;
• imposes an unreasonable or disproportionately large load on any infrastructure supporting the Services;
• is for the purpose of spamming or promoting goods or services without our prior authorization;
• is fraudulent or involves the distribution or sale of illegal, counterfeit, or stolen items;
• contains any virus, Trojan horse, worm, time bomb, cancelbot, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or other harmful component; or
• is libelous or invasive of privacy or publicity rights or any other third party rights.

Furthermore, you acknowledge and agree that you will not: (i) conduct yourself in any manner that may result in disputes, arguments or altercations with other users of the Services or any third parties that you encounter as a result of using the Services; (ii) collect or store personal data about other users of the Services, including collecting user names or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail, (iii) upload, e-mail or otherwise transmit any Website Content, Third Party Materials or User Generated Content that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file that is owned, leased or used by Duo, the Services, their users or any third party; or (iv) submit unwanted messages by e-mail or otherwise or post User Generated Content that disparages or insults any third party or Duo.

Disputes

Duo reserves the right, but has no obligation, to monitor disputes amongst users or between any user and any third party. In the event a dispute arises between you and Duo or any third party, please e-mail the Company at support@wellcrafted.net and we will work quickly towards a resolution. Duo will attempt to address all complaints pertaining to illegal, harassing, offensive, fraudulent or otherwise inappropriate conduct or activity. However, we encourage you to immediately report threatening or illegal conduct to local law enforcement.

The Digital Millennium Copyright Act of 1998 (“DMCA”)

The DMCA provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you may send us a notice requesting that we remove the material or block access to it. The notice must include the following information:

1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);
3. Identification of the material that is claimed to be infringing or the subject of infringing activity and information reasonably sufficient to allow us to locate the material on the Services;
4. The name, address, telephone number, and email address of the complaining party;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or the law; and
6. A statement that the information in the notification is accurate and is given under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. Notices and counter-notices under the DMCA, as well as all other communications addressed to us relating to these Terms of Use, should be sent c/o Morrison-Tenenbaum, PLLC, 287 Spring Street, New York, NY 10013. We strongly recommend that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that penalties may apply for false claims under the DMCA.

Intellectual Property

Duo and third party trademarks and service marks may or may not be designated as such from time-to-time through the SM, TM or ® symbols. Except when included in any authorized printouts of the Content, you are not authorized to make any use of any names, logos or taglines, including without limitation “well crafted”, “duo” and “meet duo”, whether or not designated by such symbols, including, but not limited to, as metatags or in any other fashion without the express prior written permission of the Company. Nothing herein grants you any right, title or interest in any Duo names, trade names, trademarks, service marks, taglines and logos, patents, patent applications, formulas, technology and designs (whether or not the subject of a patent application) (together, “Duo IP”). At no time during or after the term of this Agreement will any user, either directly or through any third party or agent, (i) challenge or assist others to challenge the Duo IP or the registration thereof; (ii) attempt to register any designs, trademarks, marks, trade names, or trade dress confusingly similar to the Duo IP, or domain names incorporating any of the same; or (iii) incorporate any Duo IP into any third party designs, trademarks, product names, service marks, company names, domain names, or any other similar designations, without the prior written consent of the Company. If, at any time, you acquire any rights in, or domain name, trademark or service mark registrations or applications for, any Duo marks, names or designations by operation of law or otherwise, you will immediately upon request from Duo and at no expense to Duo assign such rights, registrations and applications to Duo.

Registration and Security

In connection with your use of the Services, you may establish or otherwise receive Duo user IDs, passwords and other security codes (“User Codes”) that you may need in order to access and use certain portions of the Services. You agree to provide true, accurate, current and complete information about yourself as prompted by any registration forms (“Registration Information”) and maintain and promptly update the Registration Information to keep it true, accurate, current and complete. You hereby authorize Duo, directly or through third parties, to make any inquiries we consider necessary to validate your Registration Information. Duo reserves the right to vigorously pursue legal actions against all persons who misrepresent personal information or are otherwise untruthful about their identity, and to suspend or cancel accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that Duo cannot guarantee the accuracy of any information submitted by any user, nor any identity information about any user.

You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilizing your User Codes, and that Duo has no duty to inquire as to the authority or propriety of instructions provided via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree that Duo shall not be responsible for damages or losses resulting from any breach of security caused by loss or your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold Duo harmless against any liability, losses, damages or costs and expenses (including attorneys' fees) arising out of, or resulting from, such access and related use of the Services. You also agree to immediately notify Duo if you become aware of any loss or theft of your User Codes or any unauthorized use of your User Codes. Duo reserves the right to block your User Codes for any reason.

For your protection, Duo may require the use of encryption technologies for certain types of communications conducted through the Services. While we may provide those technologies and might use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the internet is secure, or that such transmissions will be free from delay, interruption, interception or error.

Purchases

Certain features offered through the Services may be conditioned on entering into a financial transaction with Duo. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel your order for any reason (i.e. orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address). In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. By entering into any transaction, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card number, expiration date and address), that any credit card transactions are authorized, and that you are the legal holder of any credit card or payment account used to enter into any transaction on or through the Services.

In the event (a) your credit card is not valid, (b) we determine, in our sole discretion that a transaction is unauthorized, (c) your credit card can not be processed at the time of any charge, or (d) any charge is disputed for any reason other than failure by Duo to deliver the features purchased by you, we reserve the right to immediately terminate any pending transactions, suspend your access to the Services, thereby terminate all of Duo’ obligations to you under this Agreement, and, in addition, to charge you an administrative processing fee equal to $40, per instance, which charge you hereby authorize by entering into any transaction through the Website. In the event of a subscription service, the credit card on file for your account will be billed automatically depending on the original Agreement between you and Duo. Notwithstanding the foregoing, you agree that any formal payment disputes lodged with any credit or payment card company shall be invalid unless (x) you notify Duo within 60 days from date of the applicable transaction that you wish to dispute any charge relating thereto, and (y) that you have made reasonable, good faith efforts to resolve such dispute with Duo directly, and such efforts have failed.

Duo reserves the right to change the prices it charges in its sole discretion, provided such new prices will only be instituted with prior notice to you.

Minors

Duo does not knowingly gather or solicit data from anyone under the age of 13 through the Services for marketing purposes. Please see our Privacy Policy for additional information.

Availability

Not all of the Services are available in all geographic areas, and we reserve the right to restrict any user from the Services at any time, without notice. The Services are not directed at, or intended for distribution to or for use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any non-United States jurisdiction or country that would subject Duo or its licensees or affiliates to any registration requirement within such jurisdiction or country.

NO WARRANTY

THE SERVICES, FEATURES, PRODUCTS, MATERIALS, CONTENT AND WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORIZED ACTIVITIES OF THIRD PARTIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY HARM TO YOU, YOUR PROPERTY OR ANY THIRD PARTY OR THIRD PARTY’S PROPERTY THAT RESULTS FROM YOUR USE OF THE SERVICES. TO THE EXTENT THAT THE LAW OF YOUR JURISDICTION DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, THE SERVICES ARE WARRANTED ONLY TO THE MINIMUM EXTENT LEGALLY REQUIRED.

NO LIABILITY

Duo shall not be responsible for any damages that may arise in connection with your use of the Services or these Terms of Use.

IN USING THE SERVICES, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD DUO OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS LICENSEES OR SUPPLIERS LIABLE FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES (OR ANY OTHER DATA, APPLICATION OR LINKED WEBSITE) OR OTHERWISE RELATING TO OR ARISING OUT OF THE SERVICES, FORUMS, MATERIALS OR CONTENT, OR YOUR USE THEREOF, WHETHER IN AN ACTION FOR BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY OR OTHERWISE. DUO SHALL NOT BE LIABLE EVEN IF DUO OR AN AUTHORIZED REPRESENTATIVE OF DUO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DUO’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE PRODUCTS OR SERVICES, OR THESE TERMS OF USE, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DUO IN CONNECTION WITH THE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

Indemnification

You agree to indemnify, defend and hold harmless Duo, its officers, directors, employees, consultants, agents and representatives from any and all third party claims, liability, damages, and costs (including, but not limited to, attorneys' fees, costs and expenses) that result from, arise out of or are in anyway connected with your use of the Services, your breach of these Terms of Use, or your infringement, or infringement by any other person using your account, of any Duo IP or other right of Duo or any third party. These Terms of Use will inure to the benefit of the parties and their successors, assigns, licensors and licensees. The Services and all related products and features are designed for personal and legal uses only. It is your responsibility to comply with all federal, state and local laws, rules and ordinances when using the Services. You covenant to cooperate fully in the defense of any claim.

Term & Termination

These Terms of Use shall commence when you first visit the Website or use any feature incorporated into the Services, and shall apply to all of your subsequent visits and uses, provided that nothing herein shall prohibit us from refusing or otherwise restricting access to any user for any reason at any time, in our sole discretion. Duo may, with or without cause, immediately terminate these Terms of Use without notice, and deny you access to any Services in our sole discretion. Without limiting the foregoing, Duo has the right to immediately terminate any passwords or accounts created by you in the event that you breach these Terms of Use or engage in conduct that Duo, in its sole discretion, considers unacceptable, including but not limited to abuse of the Services, entering incorrect or inaccurate information, or any use of the Services that interferes with Duo or any user. If your use of the Services is terminated, you will no longer be authorized to access any Duo Websites or applications, or use any of the features we offer. Without limiting any other rights of Duo hereunder, you understand and acknowledge that Duo, in its sole discretion, may pursue legal and equitable relief against you if you breach or threaten to breach these Terms of Use.

Changes

The Services and these Terms of Use are subject to change and updating by Duo and our affiliates, licensees, partners, agents and representatives at any time without prior notice. Changes may include superseding terms of use. YOU SHOULD REVIEW THIS AGREEMENT FROM TIME-TO-TIME TO BE AWARE OF ANY CHANGES. Your continuing use of any Duo services constitutes your acceptance of any change or update, all of which shall become controlling when posted.

Privacy

Please click here for our Privacy Policy.

Applicable Law; Jurisdiction

Persons who access the Services do so at their own initiative, and are responsible for compliance with applicable laws and regulations. The laws of the State of New York will govern these Terms of Use, without regard to conflicts of law principles. The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement. Any and all claims and controversies arising out of and related to the Privacy Policy and these Terms of Use shall be settled in the courts of competent jurisdiction in New York, NY. Any such claim or controversy shall be adjudicated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude the Company from seeking injunctive relief in any court of competent jurisdiction located in other countries and jurisdictions for protection of the Duo IP.

General

These Terms of Use set forth the entire understanding and agreement between you and the Company with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign these Terms of Use without our explicit consent. You are responsible for fees associated with gaining access to the Services, including the fees associated with any equipment necessary to access the internet and the fees charged by your internet service provider. The Services may not be maximized for use on all devices or in conjunction with third party software and operating systems.

The Services are maintained by Duo Creative LLC, a New York limited liability company. Copyright 2012, Duo Creative, LLC, All Rights Reserved.