This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Date of Last Revision: July 15, 2013
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities (“Statement,” “Terms,” or “SRR”) is our terms of service that governs our relationship with users and others who interact with LikeFolio. By using or accessing LikeFolio, you agree to this Statement.
LikeFolio abides by the policies of each of the social media platforms we integrate with including Facebook and Twitter.
We receive a number of different types of information about you, including:
Your information is the information that’s required when you sign up for the site, as well as the information you choose to share.
When you sign up for LikeFolio, you are required to provide information such as your name and email address. You are also prompted to connect with other social media accounts, including Facebook, and Twitter (“social media sites”). We do not collect your password for these sites and abide by each of their terms and conditions of use.
- Information you choose to share
Your information also includes the information you choose to share from LikeFolio to social media sites, such as when you share a change in portfolio value or stocks included in your portfolio. It also includes the information you choose to share when you take an action, such as when you add a friend or enable/disable stocks in your portfolio.
Your name, profile pictures, cover photos, and User ID are treated just like information you choose to make public.
We receive information about you and your friends from other social media sites such as liking a page, following a page, or the content of your posts.
When people use LikeFolio, such information is viewable if it is public (via settings or terms and conditions of use of the platform), and/or if you are connected with the viewing person (such as “friends” or “following”) on other social media sites.
Other information we receive about you
We also receive other types of information about you:
- We receive data about you whenever you interact with LikeFolio, such as when you look at another person’s LikeFolio, search for a friend or a Page, click on, view or otherwise interact with things, contract with our preferred partner to start your investment portfolio, or make other purchases through LikeFolio.
- When you post things on social media sites, we may receive additional related data (or metadata), such as the time, date, and place you made the post.
- We receive data from the computer, mobile phone or other device you use to access LikeFolio, including when multiple users log in from the same device. This may include your IP address and other information about things like your internet service, location, or the type (including identifiers) of browser you use.
- We receive data whenever you visit a game, application, or website that uses LikeFolio Platform or visit a site with a LikeFolio feature sometimes through cookies. This may include the date and time you visit the site; the web address, or URL, you’re on; technical information about the IP address, browser and the operating system you use; and, if you are logged in to LikeFolio, your User ID.
We also put together data from the information we already have about you and your friends. For example, we may put together data about you to determine which companies are the most mentioned among yourself and/or yourself and your friends. We may put together variations of your current portfolio to, for example, tell you companies you may be interested in investing in. We may also put together data about you to serve you ads that might be more relevant to you.
When we use the phrase “public information” we mean the information you choose to make public, as well as information that is always publicly available.
Information you choose to make public
Choosing to make your information public is exactly what it sounds like: anyone, including people off of LikeFolio, will be able to see it.
Choosing to make your information public also means that this information:
- can be associated with you (i.e., your name, profile pictures, portfolio, User ID, username, etc.) even off LikeFolio;
- can show up when someone does a search on LikeFolio or on a public search engine;
- will be accessible to the LikeFolio-integrated games, applications, and websites you and your friends use; and
- will be accessible to anyone who uses our API.
Information that is always publicly available
The types of information listed below are always publicly available, and are treated just like information you decided to make public.
This helps your friends find you.
These help your friends recognize you.
These allow you to give out a custom link to your LikeFolio and help make LikeFolio possible.
Usernames and User IDs
A Username (or LikeFolio URL) is a custom link to LikeFolio that you can give out to people or post on external websites. Usernames appear in the URL on your timeline. We also use your User ID to identify your LikeFolio account.
If someone has your Username or User ID, they may be able to use it to access information about you through the LikeFolio.com website. For example, if someone has your Username, they can type LikeFolio.com/Username into their browser and see your public information as well as anything else you’ve let them see.
How we use the information we receive
We use the information we receive about you in connection with the services and features we provide to you and other users like your friends and developers. For example, in addition to helping people see and find things that you do and share, we may use the information we receive about you:
- as part of our efforts to keep LikeFolio products, services and integrations safe and secure;
- to protect LikeFolio’s or others’ rights or property;
- to make suggestions to you and other users on LikeFolio, such as: suggesting friends; and
- for internal operations, including troubleshooting, data analysis, testing, research and service improvement.
Granting us this permission not only allows us to provide LikeFolio as it exists today, but it also allows us to provide you with innovative features and services we develop in the future that use the information we receive about you in new ways.
While you are allowing us to use the information we receive about you, you always own all of your information. Your trust is important to us, which is why we don’t share information we receive about you with others unless we have:
- received your permission;
- given you notice, such as by telling you about it in this policy; or
- removed your name or any other personally identifying information from it.
Of course, for information others share about you once you share any LikeFolio post on social media sites, they control how it is shared.
We store data for as long as it is necessary to provide products and services to you and others, including those described above. Typically, information associated with your account will be kept until your account is deleted.
Deleting your account
If you want to stop using your account, you can delete it.
When you delete an account, it is permanently deleted from LikeFolio. You should only delete your account if you are sure you never want to reactivate it. You can delete your account.
Certain information is needed to provide you with services, so we only delete this information after you delete your account. Some of the things you do on or through LikeFolio aren’t stored in your account, like sharing on a social media site. That information remains after you delete your account.
- Sharing Your Content and Information
You own all of the content and information on LikeFolio, and you can control how it is shared through your settings. In addition:
- When you use LikeFolio, we may ask for your permission to access your content and information as well as content and information that others have shared with you.
- When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of LikeFolio, to access and use that information, and to associate it with you (i.e., your name and profile picture).
- We always appreciate your feedback or other suggestions about LikeFolio, but you understand that we may use them without any obligation to compensate you for them.
To ensure the safety of LikeFolio, users must agree that:
- You will not solicit login information or access an account belonging to someone else.
- You will not use LikeFolio to do anything unlawful, misleading, malicious, or discriminatory.
- You will not seek to use your LikeFolio portfolio to maliciously profit from other users.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of LikeFolio, such as a denial of service attack or interference with page rendering or other LikeFolio functionality.
- You will not facilitate or encourage any violations of this Statement or our policies.
- Registration and Account Security
LikeFolio users provide their real names and information. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on LikeFolio, or create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will not use LikeFolio if you are under 18.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our written permission.
- If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
- Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same.
- You will not post content or take any action from LikeFolio that infringes or violates someone else’s rights or otherwise violates the law.
- We can remove any content or information you post on LikeFolio if we believe that it violates this Statement or our policies.
- You will not use our copyrights or trademarks (including LikeFolio, Likefol.io), or any confusingly similar marks, except as expressly permitted with our prior written permission.
- You will not post anyone’s identification documents or sensitive financial information on LikeFolio.
- Mobile and Other Devices
- We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fee still apply.
Currently LikeFolio does not offer a payment system on our platform. Should you be prompted with a notice to pay or receive a message from a user asking you to pay on LikeFolio’s behalf please contact us immediately.
- Special Provisions Applicable to External Links
If you include links to LikeFolio.com (and not your own personal LikeFolio page) on an external site the following additional terms apply to you:
- We give you permission to link to LikeFolio’s website
- Links to LikeFolio’s website must be clearly labeled. You cannot mislabel or mislead users to either a) click on a link they would reasonably think directs them to Likfolio’s website and be directed somewhere else, or b) click on a link they would reasonably think directs them to an alternate website but be directed to LikeFolio’s website.
- Special Provisions Applicable to Software
- You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license or we give you express written permission.
- We can make changes to this statement at any time, for any reason. Please check back regularly to stay updated.
- If we make changes to policies referenced in or incorporated by this Statement, we may provide notice on the LikeFolio home page.
- Your continued use of LikeFolio following changes to our terms constitutes your acceptance of our amended terms.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of LikeFolio to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time but provisions throughout this statement will still apply.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or LikeFolio exclusively in a state or federal court located in Jefferson County. The laws of the State of Kentucky will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Jefferson County, Kentucky for the purpose of litigating all such claims.
- If anyone brings a claim against us related to your actions, content or information on LikeFolio, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on LikeFolio and are not responsible for the content or information users transmit or share on LikeFolio. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on LikeFolio. We are not responsible for the conduct, whether online or offline, or any user of LikeFolio.
- WE TRY TO KEEP LIKEFOLIO UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING LIKEFOLIO AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT LIKEFOLIO WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT LIKEFOLIO WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. LIKEFOLIO IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. LIKEFOLIO’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- Special Provisions Applicable to Users Outside the United States
We strive to create site with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with LikeFolio outside the United States:
- You consent to having your personal data transferred to and processed in the United States.
- If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on LikeFolio (such as advertising or payments) or operate a Platform application or website.
- By “LikeFolio” we mean the features and services we make available, including through (a) our website at www.LikeFolio.comand any other LikeFolio branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; © social plugins and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
- By “Platform” we mean an API and services (such as content) that enable others, including application developers and website operators, to retrieve data from LikeFolio or provide data to us.
- By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with LikeFolio.
- By “content” we mean anything you or other users share with LikeFolio that would not be included in the definition of information.
- By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from LikeFolio or provide to LikeFolio through our platform.
- By “post” we mean post from LikeFolio or otherwise make available by using LikeFolio.
- By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By “active registered user” we mean a user who has logged into LikeFolio at least once in the previous 30 days.
- By “application” we mean any application or website that uses or accesses our platform, as well as anything else that receives or has received data from us. If you no longer access our platform but have not deleted all data from us, the term application will apply until you delete the data.
- LikeFolio Brand
The LikeFolio brand includes the words, phrases, symbols and designs that are associated with LikeFolio and the services LikeFolio provides. Please consider the following:
- Keep enough space around LikeFolio brand assets so they appear clean and uncluttered.
- LikeFolio does not allow the following:
- LikeFolio doesn’t permit or license its trademarks, logos or other intellectual property for use on merchandise or other products such as clothing, hats or mugs.
- Use of the LikeFolio brand in a way that implies partnership, sponsorship or endorsement
- Combining any part of the LikeFolio brand with your name, marks or generic terms
- Use of trademarks, names, domain names, logos or other content that imitates or could be confused with LikeFolio
- Presenting LikeFolio in a way that makes it the most distinctive or prominent feature of what you’re creating
- Use of any icons, images or trademarks to represent LikeFolio other than what is found on LikeFolio.com
- Assertion of rights over the LikeFolio brand whether by trademark registration, domain name registration or anything else
- Feature of LikeFolio on materials associated with pornography, illegal activities, or other materials that violate the LikeFolio Terms
- Modification of LikeFolio brand assets in any way, such as by changing the design or color
- Profitability and Suitability
LikeFolio generates a sample portfolio for educational purposes. LikeFolio does not provide investment advice or guidance. Past performance of securities is not an indicator or guarantee of future performance. Speak with a registered investment advisor before making any investment decisions.
- LikeFolio advertising of TD Ameritrade Brokerage Services
TD Ameritrade and LikeFolio are separate, unaffiliated companies and are not responsible for one another’s services or policies.
Brokerage services provided by TD Ameritrade Inc., member FINRA/SIPC/NFA. TDAmeritrade is a trademark jointly owned by TD Ameritrade IP Company, Inc. and The Toronto-Dominion Bank. Used with permission.
- If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and Swan Powers, LLC.
- This Statement makes up the entire agreement between the parties regarding LikeFolio, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing LikeFolio.
LikeFolio is owned and operated by SwanPowers, LLC, a Kentucky LLC.
© 2012 LikeFolio