Registration Terms

General Terms of Service

Last Updated: July 27, 2024

Welcome to the Vigorous Ventures Inc., d.b.a. Folkd (“Folkd”, “we”, or “us”) website located at www.folkd.com (“Site”), and our mobile application (“App”). Please read these General Terms of Service (the “Terms”) and our privacy policy, located at https://www.folkd.com/privacy/ (“Privacy Policy”) carefully because they govern your use of our Site and App, and our content accessible therein., which is incorporated by reference and included in the Terms. To make these Terms easier to read, our Site and App, and our content and services provided therein, are collectively called the “Services.” For additional information pertaining to use of the Services, please also see the policies of our ad partners located on their respective sites, the terms of which are hereby incorporated into these Terms by reference. For a full list of our current ad partners, please contact us at support@folkd.com. For our Paid Terms of Service, please review these General Terms of Service and then scroll downward on this page for the Paid Terms.

IMPORTANT NOTICE REGARDING ARBITRATION AND CLASS ACTION WAIVER: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND FOLKD THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE SECTION TITLED “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO YOU BUT THE PROVISIONS OF THE SECTION ‎TITLED “GOVERNING LAW AND FORUM CHOICE” WILL APPLY INSTEAD.

Agreement to Terms. By using this Site or App or Services in any way and/or agreeing to these terms as part of the registration process, you represent that you have read and understood the Terms and agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

Privacy Policy. Please refer to our Privacy Policy located at https://www.folkd.com/privacy/ for information on how we collect, use and share your information. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

Changes to these Terms or the Services. We may update these Terms from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, or the App and may also send other communications and require you to consent to continue using the Services. It’s important that you review these Terms whenever we update them or you use the Services. If you don’t agree to be bound by the changes, you may not use the Services. You may delete your account at any time using the self-service capability in the user settings. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. We may add, remove, suspend or alter access to any content available through or on the Services at any time and make no guarantee as to the availability or minimum amount of specific content.

Who May Use the Services?

Eligibility. To use the Services, you must be at least 13 years of age and not otherwise barred from using the Services under applicable law. If you are over 13 years of age but under the age of majority in your respective jurisdiction, you hereby represent and warrant that your parent or legal guardian has read these Terms and accepts them on your behalf. Parents and legal guardians are responsible for the acts of their minor children when using the Services, whether or not the parent or guardian has authorized such acts. By agreeing to these terms, you represent and warrant that you meet the foregoing eligibility requirements and (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Registration and Your Information. If you want to use certain features of the Services you’ll have to create an account (“Account”) via the Services.
Accuracy of Account Information. It’s important that you provide us with accurate, complete and current information for your Account and you agree to keep this information up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, including, without limitation, the posting of User Content (as defined below), and any communications or other contact you have with other users of the Services, whether or not you know about them. We may take actions we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on user accounts or on the amount of content that can be accessed from the Services at any one time.

Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at support@folkd.com. You grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control, to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Content Ownership, Responsibility and Removal.

Definitions. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide or make available through the Services. User Content also includes, without limitation, any communications or content that you share with another user of the Services such as comments on other users’ User Content or information you provide or make available through the Services. Content includes, without limitation, User Content.
Our Content Ownership. Except for any licensed rights granted under these Terms, Folkd does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Folkd and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights and all features, trademarks, trade names, service marks, trade dress, and the look and feel of the Services. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in Content Granted by Folkd. Subject to your compliance with these Terms, Folkd grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes. Other than the right to use the Services as explicitly described in these Terms for your personal, limited use, no other rights are granted to you under these Terms.
Rights in User Content Granted by You to Us. By making any User Content available through the Services, you hereby grant to Folkd and its subsidiaries, affiliates, licensees, successors, and assigns (the “Folkd Parties”) an irrevocable, non-exclusive, perpetual, transferable, worldwide, royalty-free license, with the right to sublicense (through multiple tiers of sub-licensing), to use, copy, modify, adapt, crop, edit, create derivative works, distribute, publicly display, publicly perform and otherwise exploit in any media now known or hereafter devised, your User Content, in whole or in part, in connection with (i) providing the Services and Content to you and to others; (ii) promote and market Folkd and our Services, including without limitation through Folkd’s owned, operated, and/or branded social media channels. For example, Folkd may create compilations of Content made available by Account holders (including your User Content), and/or use User Content or such compilations to promote the Services through Folkd’s operated, and/or branded social media channels, without further payment or consideration by Folkd.
Name, Likeness, Other Personal Rights. By submitting User Content in which you may appear, including without limitation your photograph, you hereby grant to (i) Folkd and the Folkd Parties and (ii) other Account holders, an irrevocable, non-exclusive, perpetual, transferable, worldwide, royalty-free, unlimited license to use your name, image, likeness, or other information or materials supplied by you, including any third party materials as they appear in such User Content, consistent with the rights granted by you in these Terms.
Your Responsibility for User Content. You are solely responsible for all of your User Content. You represent and warrant that your User Content is original, that you own your User Content or you have all rights that are necessary to grant us and the Folkd Parties the license rights in your User Content under these Terms. This includes the rights to the name, likeness or other publicity rights of any other party appearing in your User Content. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any exercise of any rights granted by you in such User Content will (i) conflict with any rights or commitments granted by you to any other party; (ii) infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or (iii) result in the violation of any applicable law or regulation. You represent and warrant that all of your User Content and your activities in connection with the Services will, at all times, comply with (i) these Terms; (ii) all applicable laws, rules, and regulations; and (iii) any other guidelines or requirements that we may make available to you from time to time.
Removal of User Content. We have the right, in our sole discretion, to remove any User Content. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. Except as expressly stated herein, you acknowledge and agree that we have no obligation to provide, monitor, edit, upload, or remove any of your User Content, although we have the right to do so.

Respecting Others’ User Content. Subject to our rights under these Terms, you acknowledge that all User Content and any content related thereto are the property of the respective user that makes the User Content available through the Services or, if made explicit on the Services, Folkd. You acknowledge and agree that Folkd is not responsible or liable for your User Content or any direct message through the Services between any user of the Services and another user of the Services (“Communications”), including you.

Rights and Terms for Apps.

Rights in App Granted by Folkd. Subject to your compliance with these Terms, Folkd grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on a mobile device that you own or control and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) sublicense, lease, lend or rent the App to any third party; (iii) decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Folkd reserves all rights in and to the App not expressly granted to you under these Terms. Certain portions of the App may be subject to an open source license agreement, as expressly designated within the App or on the Site. Such license will govern the use of such portions of the App to the extent that such license agreement conflicts with or is inconsistent with this section (for example, if the license grants broader use rights).
Accessing App from App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store) where the App may now or in the future be made available (each, an “App Provider”). You acknowledge and agree that:
These Terms are concluded between you and Folkd, and not with the App Provider, and Folkd (not the App Provider) is solely responsible for the App.
The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Folkd.
The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Folkd (and not the App Provider) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You must also comply with all applicable third-party terms of service when using the App.

General Prohibitions and Folkd’s Enforcement Rights. You agree not to do any of the following:

Post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; or (ii) violates any applicable law or regulation or would give rise to civil liability;
Use, display, mirror or frame the Services, Folkd’s name, any Folkd trademark, logo or other proprietary information, without Folkd’s express written consent;
Access, tamper with, or use non-public areas of the Services;
Attempt to probe, scan or test the vulnerability of any Folkd system or network or breach any security or authentication measures without reporting such vulnerability or breach to support@folkd.com, except as part of community testing initiatives authorized by Folkd;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Folkd or any of Folkd providers or any other third party (including another user) to protect the Services, including any service protection or usage limits;
Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) that imposes unreasonable burdens on the Services or that we otherwise deem abusive or harmful;
Send any junk mail or spam;
Use any meta tags or other hidden text or metadata utilizing a Folkd trademark, logo URL or product name without Folkd’s express written consent;
Use the Services, or any portion thereof, in any manner not permitted by these Terms;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity, claim a false affiliation, or misrepresent the source or identity of content used through the Services;
You agree not to provide any information that is intended to misinform, misdirect, mislead, or otherwise deceive any users of the Services or any other third party;
Violate any applicable law or regulation;
Commercialize any User Content not in accordance with these Terms; or
Directly or indirectly induce others to do any of the above.

Folkd is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

DMCA/Copyright Policy. Reporting Claims of Copyright Infringement: We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Folkd Copyright Agent

Vigorous Ventures Inc., d.b.a. Folkd

Company Address: 1321 Upland Dr. #7123, Houston TX 77043

Email: support@folkd.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Counter Notification Procedures. If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Repeat Infringers. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Links to Third Party Websites or Resources. The Services (including the Site, and App) may allow you to access third-party websites or other resources. To the extent provided by us, we provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. Users of the Services may provide access through User Content to third-party websites or other resources. To the extent provided by you, you hereby acknowledge and agree that, as between you and Folkd, you bear full responsibility and liability in connection with such access by users of the Services. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources. You further acknowledge that we have no responsibility to remove, add, modify, or monitor User Content, including any access to third-party websites or other resources contained in User Content.

Termination. We may terminate or suspend, in whole or in part, your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may delete your account using the self-service option within your user settings. Upon any termination, discontinuation or cancellation of the Services or your account, the sections of these terms which, by their nature, are intended to survive termination shall survive.

Warranty Disclaimers. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE SERVICES. WE ARE NOT RESPONSIBLE OR LIABLE FOR USER CONTENT, OR ANY COMMUNICATIONS, AND WE MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND IN REGARD TO USER CONTENT. FOLKD ASSUMES NO RESPONSIBILITY FOR ANY USER’S OR THIRD PARTY’S FAILURE TO COMPLY WITH ANY APPLICABLE LAWS AND REGULATIONS. WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OR OTHER THIRD PARTY. WE DO NOT AND CANNOT CONTROL YOUR INTERACTION WITH ANY USER OR OTHER THIRD PARTY, AND WE EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM SUCH INTERACTION.

Indemnity. You will indemnify and hold harmless Folkd and its affiliates, and their respective officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.

Limitation of Liability.

For the purposes of this section, “Folkd”, “we”, or “us” shall include Folkd, its subsidiaries, affiliates, investors, agents, and successors and assigns.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER FOLKD NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR FOR ANY ERROR OR DEFECT IN THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FOLKD OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE THAT FOLKD SHALL NOT BE RESPONSIBLE OR LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR ANY THIRD PARTY’S CONTENT (INCLUDING ANY USER CONTENT), WHETHER OR NOT SUCH CONTENT IS ACCESSED THROUGH THE SERVICES, AND THAT ANY RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FOLKD’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED TWENTY DOLLARS ($20).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FOLKD AND YOU.

Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in the section titled “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Folkd are not required to arbitrate will be the state and federal courts located in Delaware, and you and Folkd each waive any objection to jurisdiction and venue in such courts.

Dispute Resolution.

Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Folkd agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Folkd are each waiving the right to a trial by jury or to participate in a class action. To the extent permitted by applicable law, you agree that any damages awarded in arbitration may not exceed the maximum damages permitted under these terms, as set forth in the Section titled “Limitation of Liability” above. This arbitration provision shall survive termination of these Terms.
Exceptions. As limited exceptions to the section titled “Mandatory Arbitration of Disputes” above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in King County, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If we prevail in arbitration we will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Injunctive and Declaratory Relief. Except as provided above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
Class Action Waiver. YOU AND FOLKD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
Severability. If an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

General Terms.

Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Folkd and you regarding the Services and Content, and these Terms supersede and replace all prior oral or written understandings or agreements between Folkd and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Folkd’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Folkd may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices. Any notices or other communications provided by Folkd under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Waiver of Rights. Folkd’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Folkd. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information. If you have any questions about these General Terms or the Services, please contact Folkd at: support@folkd.com

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Folkd Paid Terms of Service

Last Updated: July 24, 2024

Welcome to the Folkd Paid Terms of Service. These terms apply to your use of the paid offering to which you have subscribed (the “Paid Services”). Vigorous Ventures Inc., d.b.a. Folkd (“Folkd”, “we”, or “us”) makes its paid offering available on its website located at www.folkd.com (“Site”), and our mobile application (“App”), subject to the Folkd terms of service. Please read Folkd’s General Terms of Service (the “Terms of Service”) located above these Paid Terms of Service on the same page and our privacy policy, located at https://folkd.com/privacy/ (the “Privacy Policy”). The General Terms of Service and the Privacy Policy collectively with these Paid Terms of Service are referenced below as the “Terms”.

Please read these Folkd Paid Terms of Service carefully to make sure you understand the applicable terms, conditions and exceptions.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE FOLKD PAID TERMS OF SERVICE YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND FOLKD THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE SECTION TITLED “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO YOU BUT THE PROVISIONS OF THE SECTION ‎TITLED “GOVERNING LAW AND FORUM CHOICE” WILL APPLY INSTEAD.

Acceptance. By using or accessing a Paid Service(s) from Folkd, submitting payment thereunder and/or clicking on a button to make a one-time purchase or recurring subscription payments for the Paid Service provided by Fold, you agree to be bound by the Terms. If you do not understand the Terms, or do not accept any part of them, then you may not use or access any Paid Services. To purchase and use a Paid Service you must: (i) be at least 18 years old or the age of majority as determined by the laws of the jurisdiction in which you live or (ii) have the express consent of your parent or guardian to purchase and use that Paid Service. If you are a parent or legal guardian and you allow your child (or a child that you are a guardian of) to purchase or use a Paid Service, you agree that the Terms apply to you, that you will abide by the Terms, and that you are responsible for the child’s activity on the Paid Services and for ensuring that the child also abides by the Terms. If you are accepting these Folkd Paid Terms of Service and using the Paid Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Folkd Paid Terms of Service, in which case the words “you” and “your” as used in these Folkd Paid Terms of Service shall refer to such entity.

Changes to Terms, Paid Services and Pricing

Changes to Terms. Folkd may revise these Folkd Paid Terms of Service from time to time. The changes will not be retroactive, and the most current version of the Folkd Paid Terms of Service, available at https://www.folkd.com/terms/ , will govern your use of Paid Services and any corresponding transactions. If we modify or revise these Folkd Paid Terms of Service after you have agreed to them (for example, if these Folkd Paid Terms of Service are modified after you have purchased a subscription), we will notify you in advance of material revisions to these Folkd Paid Terms of Service. Such notification may be provided electronically, including (and without limitation to) via a service notification or an email to the email address associated with your account. By continuing to access or use the Paid Services after those revisions become effective, you agree to be bound by the revised Folkd Paid Terms of Service. If you do not agree to abide by these or any future Folkd Paid Terms of Service, do not use or access (or continue to use or access) the Paid Services.

Changes to Paid Services. Our Paid Services evolve constantly. As such, the Paid Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Paid Services or any features within the Paid Services to you or to users generally with or without notice. Folkd is not liable to you or to any third party for any modification, suspension or discontinuance of the Paid Services. The specific terms and conditions (included below) for the specific Paid Service specify how you can cancel a subscription or, when applicable, seek a refund.

Changes to Pricing. Prices for Paid Services, including recurring subscription fees, are subject to change from time to time. Folkd will provide reasonable advance notice of any material change to the price of Paid Services. For subscription services, price changes will take effect at the start of the next subscription period following the date of the price change. If you do not agree with a price change, you have the right to reject the change by cancelling your subscription to the applicable Paid Service prior to the price change going into effect.

Application of the Terms, Termination, No Refunds, Multiple Folkd Accounts, and Restrictions

The Folkd Terms Applies to You. YOU MUST ALWAYS FOLLOW AND COMPLY WITH THE TERMS. The Terms always applies to your use of the Folkd Service, including the Paid Services and features. Your failure to follow and comply with the Folkd Terms, or Folkd’s belief that you have failed to follow and comply with the Folkd Terms, may result in the cancellation of your Paid Services. Any such cancellation will be in addition to, and without limitation of, any enforcement action that Folkd may take against you pursuant to the Terms. In such instances you may lose the benefits of your Paid Services and you will not be eligible for a refund for any amounts you have paid (or pre-paid) for Paid Services.

Why Folkd Might Terminate Your Access to Paid Services. Folkd may suspend or terminate your access to Paid Service(s) or cease providing you with all or part of the Paid Services (without any liability) at any time for any or no reason, including, but not limited to any of the following reasons:

a. Folkd believes, in its sole discretion, that you have violated the Terms or your use of the Paid Service(s) would violate any applicable laws;

b. Folkd is requested or directed to do so by any competent court of law, regulatory authority, or law enforcement agency;

c. Folkd has unexpected technical or security issues;

d. Folkd believes you have violated the Folkd Terms;

e. You create risk or possible legal exposure for Folkd;

f. Your account should be removed due to unlawful conduct;

g. Your account should be removed due to prolonged inactivity; or

h. Our provision of the Paid Services (in whole or in part) to you is no longer commercially viable (in Folkd’s sole discretion).

All Transactions Are Final. All payments for Paid Services are final and not refundable or exchangeable, except as required by applicable law. We make no guarantee as to the nature, quality, or value of a Paid Service or the availability or supply thereof. Refunds or credits are not provided for any unused or partially used Paid Service (for example, a partially used subscription period).

Paid Services Are Non-Transferable between Folkd Accounts. Each purchase of a Paid Service applies to a single Folkd account, meaning that your purchase will apply solely to the account you were using when you purchased the Paid Service and will not apply to other accounts that you may have access to, or control over. If you have or control multiple accounts and you want access to Paid Services on each account, you must purchase the Paid Service on each account individually.

Restrictions and Obligations.

a. You may only purchase and use a Paid Service if you are legally allowed to use the Paid Service in your country and you live in a country supported by Folkd for the applicable Paid Service. Folkd may, in its discretion, restrict the ability to access or purchase a Paid Service in certain countries. Folkd reserves the right to modify the list of supported countries from time to time.

b. We reserve the right to refuse Paid Services transactions or to cancel or discontinue the sale or use of a Paid Service in our sole discretion.

c. You may not allow others to use your Folkd account to access any Paid Service that such person did not order.

d. You may not purchase or use a Paid Service if you are a person with whom U.S. persons are not permitted to have dealings pursuant to economic sanctions, including, without limitation, sanctions administered by the United States Department of the Treasury's Office of Foreign Assets Control or any other applicable sanctions authority ("Prohibited Person"). This includes, without limitation, persons located in, or a citizen of, or ordinarily resident in, the following countries and regions: Cuba, Iran, the Crimea Region of Ukraine, North Korea and Syria. You represent and warrant that you are not a Prohibited Person.

e. YOU REPRESENT THAT YOU WILL USE THE PAID SERVICES ONLY FOR LAWFUL PURPOSES AND ONLY IN ACCORDANCE WITH THE TERMS.

Taxes and fees. You are responsible for and agree to pay any applicable taxes, duties, tariffs, and fees related to the purchase of Paid Services, including those required to be paid to either Folkd or a third-party payment processor. These taxes may include, but are not limited to, VAT, GST, sales tax, withholding tax, and any other applicable taxes. Depending on your location, Folkd may be responsible for collecting and reporting information related to transaction taxes arising from your purchase of Paid Services. You grant Folkd permission to provide your account and personal information to relevant tax authorities to fulfill our tax collection and reporting obligations.

General Terms

DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE PAID SERVICES IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE PAID SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. FOLKD DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FOLKD MAKES NO WARRANTY OR REPRESENTATION AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE PAID SERVICES; AND (II) WHETHER THE PAID SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ARE RESPONSIBLE FOR YOUR USE OF THE FOLKD SERVICE, INCLUDING THE PAID SERVICES, AND ANY CONTENT YOU PROVIDE.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOLKD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PAID SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY POSTED THROUGH THE PAID SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE PAID SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. FOR THE AVOIDANCE OF DOUBT, THE DEFINITION OF PAID SERVICES IS LIMITED TO THE FEATURES OFFERED BY FOLKD AND DOES NOT INCLUDE ANY CONTENT YOU ACCESS AND/OR INTERACT WITH IN USING THOSE FEATURES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FOLKD EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID FOLKD, IF ANY, IN THE PAST SIX MONTHS FOR THE PAID SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT FOLKD HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

APPLICABLE LAW IN YOUR JURISDICTION MAY NOT ALLOW FOR CERTAIN LIMITATIONS OF LIABILITY. TO THE EXTENT REQUIRED BY APPLICABLE LAW IN YOUR JURISDICTION, THE ABOVE DOES NOT LIMIT FOLKD’S LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, GROSS NEGLIGENCE, AND/OR INTENTIONAL CONDUCT. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, FOLKD’S MAXIMUM AGGREGATE LIABILITY FOR ANY NON-EXCLUDABLE WARRANTIES IS LIMITED TO ONE HUNDRED US DOLLARS (US$100.00).

Notice Regarding Apple. To the extent that you purchased the Paid Services or are using or accessing the Paid Services on an iOS device, you further acknowledge and agree to the terms of this Section. You acknowledge that the Terms are between you and us only, not with Apple, and Apple is not responsible for the Paid Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support service with respect to the Paid Services. In the event of any failure of the Paid Services to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the Paid Services to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Paid Services. Apple is not responsible for addressing any claims by you or any third-party relating to the Paid Services or your possession and/or use of the Paid Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Paid Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Paid Services and/or your possession and use of the mobile application infringe that third-party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Paid Services. Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary of the Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Conflict. In the event of a conflict between the provisions of this Folkd Paid Terms of Service and those of the Terms, the provisions of this Folkd Paid Terms of Service take precedence solely with respect to your use of a Paid Service.

· Your physical or electronic signature.

· Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.

· Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

· Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

· A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

· A statement that the information in the written notice is accurate.

· A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Folkd Copyright Agent

Vigorous Ventures Inc., d.b.a. Folkd

Company Address: 1321 Upland Dr. #7123, Houston TX 77043

Email: support@folkd.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

· Your physical or electronic signature.

· An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.

· Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

· A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

· A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

Repeat Infringers. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Indemnity. You will indemnify and hold harmless Folkd and its affiliates, and their respective officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Paid Services, (b) your User Content, or (c) your violation of the Terms.

Governing Law and Forum Choice. These Folkd Paid Terms of Service and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in the section titled “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Folkd are not required to arbitrate will be the state and federal courts located in Delaware, and you and Folkd each waive any objection to jurisdiction and venue in such courts.

Dispute Resolution.

· Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Folk Paid Terms of Service or the breach, termination, enforcement, interpretation or validity thereof or the use of the Paid Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Folkd agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Folkd Paid Terms of Service, and that you and Folkd are each waiving the right to a trial by jury or to participate in a class action. To the extent permitted by applicable law, you agree that any damages awarded in arbitration may not exceed the maximum damages permitted under these Folkd Paid Terms of Service, as set forth in the Section titled “Limitation of Liability” above. This arbitration provision shall survive termination of these Folkd Paid Terms of Service.

· Exceptions. As limited exceptions to the section titled “Mandatory Arbitration of Disputes” above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

· Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Folkd Paid Terms of Service. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in King County, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

· Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If we prevail in arbitration we will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

· Injunctive and Declaratory Relief. Except as provided above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

· Class Action Waiver. YOU AND FOLKD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.

· Severability. If an arbitrator or court of competent jurisdiction decides that any part of these Folkd Paid Terms of Service is invalid or unenforceable, the other parts of these Folkd Paid Terms of Service will still apply.

Contact Information. If you have any questions about these Folkd Paid Terms of Service or the Paid Services, please contact Folkd at: support@folkd.com

Registration Terms

Important Information