Updated 4.15.24
The following terms of service (the “Terms of Service”) govern your access to and use of The Folklore Source website, including any content, functionality and services offered on or through [URL] (the “Site”) byThe Folklore Group, Inc 26 Broadway, New York, NY 10004 (“The Folklore”, “we” or “us”). The term “you” shall refer to you as a user of the Site.
Please read these Terms of Service carefully before you start using the site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when the option is made available to you, you accept and agree, on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service. You further acknowledge, you have read and understood our Privacy Policy and Payment Term. If you do not want to agree to these Terms of Service or our Privacy Policy, you must not access or use The Folklore Source.
In case you register or use the Site on behalf of your employer or another entity, you represent and warrant that you are authorized to bind your employer or such entity to these Terms of Service and you agree to these Terms of Service on their behalf.
The Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 and at least 13 years of age, you are only permitted to use Site through an account owned by a parent or legal guardian with their appropriate permission. If you are under 13 you are not permitted to use the Site or The Folklore Source services. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
We reserve the right, at our sole discretion to modify, suspend, discontinue or terminate the Site or any content or feature we provide thereon, or to modify these Terms of Service, at any time and without prior notice, and have no obligation to update any information thereon. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Site to users. You agree that it is your responsibility to monitor changes to our Site. If we modify these Terms of Service we will post the modification on the Site and/or provide you with notice of the modification. By continuing to access or use the Site thereafter, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Site.
If you have any questions regarding the Site or Terms of Service, please contact Customer Support by submitting a request here.
The original language of these Terms of Service is English. The Folklore makes this translation available for convenience only. In the case of conflicts between the original English version and any translation, the English version shall prevail.
1. Key Terms
Brands are users who purchase services through the Site.
Project the Services to be performed pursuant to the Project Scope.
Project Scope outlines the statement of work, enables users to request and send payments, and tracks payments.
Service Profiles the profiles freelancers and manufacturers create that list their services and information about themselves and past work.
Service Providers are users who offer and perform services through the Site.
Services are services offered on the Site and performed by Service Providers.
2. Service Providers
2.1 Basics
a. Only registered users may offer services on the Site. Registration is free. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
b. Service Providers propose and negotiate the material terms of their Services and payment terms and send their own invoices in accordance with the payment terms set forth and agreed on the Project Scope Page.
c. Service Providers must complete each Project and may not cancel Projects on a regular basis or without cause. Canceling Projects may result in the removal of the Service Provider from the Site. Please reference our Refund Policy for information on refunds for cancellations.
d. Service Providers will be charged by The Folklore a fee of 7.7% of each payment made by the Brand in respect of the Project concerned plus 15¢ for every payment received from a Brand through the Site.
e. When purchasing a Project, the Brand is granted all rights in and to the delivered work, unless otherwise specified by the Service Provider in the Project Scope. The Folklore retains the right to use all published delivered works and designs for marketing and promotion purposes in connection with The Folklore.
f. An individual or company may only have one Service Provider account and one Brand account on the Site. Any violation of the foregoing may lead to removal from the Site.
g. Users may not send or accept payments using any method other than the Site. Soliciting to receive or send payment outside of the Site will result in immediate removal from the Site. If a user requests to pay or be paid outside of the Site, the user must be reported immediately.
h. Service Providers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their Services.
i. Users undertake to comply with The Folklore’s Community Standards (set forth below), which are a set of behavior rules and guidelines, applicable to The Folklore community and marketplace in addition to these Terms of Service, as updated from time to time.
2.2 Delivery
Service Providers are required to meet the delivery time specified in the Project Scope. If the Service Provider fails to do so, the Brand will have the right to cancel the Project and receive a refund, unless the Service Provider is able to provide evidence that the Brand caused the delay that resulted in the Services Providers failure to meet the original delivery time. At its sole discretion, a Brand may permit a Service Provider to deliver a Project after the original delivery time.
2.3 Physical Deliverables
Services that require the shipping of physical goods are available on The Folklore. The Service Provider and the Brand must agree in the Project Scope, which user will be responsible for coordinating packing, collecting, and paying for delivery.
a. If the Service Provider will be responsible for packing, shipping, and paying for shipping and handling physical goods, the Service Provider must indicate so in the Project Scope. The Service Provider must also indicate in the Project Scope the cost of packing and shipping the physical goods based on the delivery address provided by the Brand. If the Service Provider is responsible for the costs of packaging and shipping the physical goods but does not indicate the shipping price in the Project Scope, the Service Provider, at its sole expense, must still ship the physical goods and will not receive any additional payment from the Brand in respect of such expense.
b. If the Brand will be responsible for collecting, packaging, and paying for shipping and handling physical goods, the Service Provider must indicate so in the Project Scope. The Brand will be responsible for collecting the goods (and paying any costs in connection therewith) on the date agreed in the Project Scope. The Brand will have 30 days from the agreed upon collection date to collect the goods or will risk the goods being disposed of. If the goods are not ready for collection on the date agreed in the Project Scope, the Brand will have 30 days from the date the goods are ready for collection to collect the goods.
c. If a Service Provider is responsible for shipping physical goods, the Service Provider must request the address that the Brand wants the goods to be delivered to and include that delivery address in the Project Scope. The goods are to be delivered to the address in the Project Scope, unless the address is otherwise changed by the Brand at least seven (7) business days before the goods are due to be shipped. If a change in address or any disruption by the Brand increases the cost of shipping (from the amount indicated in the Project Scope), the Service Provider may request additional payment to account for the change in price and will not be bound to ship the goods until that additional amount is sent by the Brand.
d. The Folklore does not handle shipping or guarantee shipping, tracking, or delivery of the goods to the Brand. The Folklore does not guarantee quality or condition of the goods and shall not be responsible or liable for any damages or other issues resulting from shipping. The Service Provider shipping goods must send all tracking information directly to the Brands once the goods have been prepared for delivery and that information is available.
2.4 Digital Deliverables
Service Providers must deliver completed files and/or proof of work based on the delivery requirements outlined in the Project Scope. These digital files and/or proof of work can be sent through The Folklore’s messaging portal.
3. Projects
3.1 Basics
a. Services are purchased when both the Service Provider and the Brand accept the terms set forth in the Project Scope by clicking “accept” and any required initial deposit(s) (if any) is successfully processed by the Brand on the Site. Once the Service Provider and the Brand accept the terms set forth in the Project Scope by clicking “accept” and any required initial deposit(s) (if any) is processed, the Project is considered “active”. If no deposit is required, the Project is considered active as soon as the Brand selects the “accept” button. Service Providers are required to begin working on and complete the Project as soon as the Project is marked as active and/or on the start date set forth in the Project Scope. An “Active” badge will appear on the Project Scope page of any Project accepted to indicate the Service Provider’s services have been purchased and the Project is active.
b. A Project is marked as complete after the Service Provider delivers the final work to the Brand, sends a request to the Brand for the balance of payment, and the final balance payment is sent by the Brand. If full payment was made when the Project Scope was accepted and no balance is due on delivery of the final work, the Project will be marked as completed once the Service Provider clicks “mark as complete” on the Project Scope page after Services are completed and the Brand confirms Services were completed. If the Brand does not respond within 48 hours to the Service Provider's delivery of Services communication, the system will automatically mark the Project as complete.
3.2 Handling Projects
a. Users are responsible for scanning all transferred files for viruses and malware. The Folklore will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
b. The number of potential revisions to be made by the Service Provider, if any, must be outlined in the Project Scope. Service Providers are not required to do any revisions if the deliverables are submitted in accordance with the Project Scope.
4. Disputes and Cancellations
Service Providers and Brands should first attempt to settle conflicts amongst themselves. If for any reason this fails, users can contact The Folklore’s Customer Success department for help. For more information about disputes, order cancellations and refunds please refer to Payment Terms (below).
5. User Conduct and Protection
5.1 Basics
a. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of The Folklore in order to circumvent or abuse the Site messaging system or the Site is not permitted.
b. Any necessary exchange of personal information required to continue a service may be exchanged within the Project Scope page.
c. The Folklore does not provide any guarantee of the level of service offered to Brands.
d. The Folklore does not provide protection for users who interact outside of the Site.
e. All information and file exchanges must be performed exclusively on the Site.
f. Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension or removal of your account.
g. Users may not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.
h. Users may not submit proposals or solicit parties introduced through the Site to contract, engage with, or pay outside of the Site.
5.2 Services
a. Permitted Services
i. Manufacturing: CMT (Cut, Make, Trim), Cutting, Fabric Sourcing, Pattern Making, Product Development, Sample Making, Sewing, Techpack, Trimming
ii. Marketing: Brand Marketing, Copywriting, Email Marketing, Event Management, Influencer Marketing, Paid Marketing, Press, SEO, Social Media Marketing
iii. Web Design & Graphics: 3D Fashion & Garment, 3D Jewelry Design, Brand Style Guides, Business Cards & Stationery, Email Design, Illustrations, Logo Design, Packaging Design, Presentation Design, Signage Design, Social Media Graphics, Web Design, Web Development, Web Graphics
iv. Business & Finance: Accounting & Bookkeeping, Business Consulting, Business Strategy & Plans, Customer Service Management, E-Commerce Consulting, E-Commerce Management, Financial Consulting, Financial Strategy & Modeling, Project Management, Wholesale Consulting, Wholesale Management
v. Production: Product Development Consultant, Product Development Management, Production Consulting, Production Management, Quality Control, Supply Chain Consulting, Supply Chain Management, Techpack Design
vi. Creative Services: Fashion Photography, Fashion Videography, Photo Editor, Product Photography, Product Videography, Video Editor
b. Service Providers warrant that any content included in deliverables shall be original work conceived by the Service Provider and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the deliverables, Service Providers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the deliverables.
5.3 Violations
a. If it is brought to our attention that any information provided by a Service Provider or Brand is false (including any misrepresentations of previous works, experience, identity, or any other information provided on the user’s profile, during registration, or in communication with other users or The Folklore team), the user will be automatically removed from the Site. Users are encouraged to report any suspicious fraudulent activity. The Folklore cannot be held liable for any false information provided by users of the Site.
b. Service Providers may not include external website links on the Service Profile or contact information such as email addresses or phone numbers. If seen, The Folklore will ask for it to be removed and the user must remove the information within 48 hours or risk suspension. Repeated offenses of this nature may result in removal from the Site. Service Providers may include links and contact information in messages between a Brand and themselves.
c. Profile images for freelancers must be a professional photo of the freelancer or the freelancer’s business logo. Profile images for manufacturers must be a professional logo that represents the business, no photos of individuals will be allowed. Only photos and videos that the Service Provider has the legal rights to use and that directly reflects work that has been done for a previous client or employer can be uploaded to the portfolio section.
5.4 Reporting Violations
To report a user who is suspected of violating our terms and policies, Service Providers should email source@thefolklore.com with details about the violation and link to the violating user's profile.
5.5 Proprietary Restrictions
The Site, including its general layout, look and feel, design, information, content and other materials available thereon, is exclusively owned by The Folklore and protected by copyright, trademark, and other intellectual property laws. The Folklore® and The Folklore Source® are all registered trademarks owned exclusively by The Folklore. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site: (a) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; (b) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (c) remove any copyright notice, identification or any other proprietary notices; (d) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site; (e) attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; (f) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (g) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same, (h) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, (i) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or (j) access or use the Site in any way not expressly permitted by these Terms of Service. Users also agree not to permit or authorize anyone else to do any of the foregoing.
Except for the limited right to use the Site according to these Terms of Service, The Folklore owns all right, title and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content (other than UGC) including, without limitation, the exclusive right to create derivative works.
5.6 Confidentiality
There might be a need for Brands to disclose certain confidential information to be used by Service Providers for the purpose of delivering the ordered work and to protect such confidential information from unauthorized use and disclosure. Service Providers hereby agree to treat any information received from Brands as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Service Providers specifically agree to (a) maintain all such information in strict confidence; (b) not disclose the information to any third parties; (c) not use the information for any purpose except for delivering the ordered work; and (d) not to copy or reproduce any of the information without the Brand’s permission.
6. General Terms
a. The Folklore reserves the right to suspend any account or permanently disable any account due to breach of these Terms of Service and/or our Community Standards, including low quality services or deliveries, or due to any illegal or inappropriate use of the Site or services.
b. Violation of The Folklore's Terms of Service and/or our Community Standards may get your account disabled permanently.
c. Users with disabled accounts will not be able to sell or buy on the Site.
d. Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
e. Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
f. You understand and agree that if you use the Site after the date on which the Terms of Service have changed, The Folklore will treat your use as acceptance of the updated Terms of Service.
7. Community Standards
7.1 Integrity and Authenticity
a. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. Users cannot allow others access to use their account for any purposes, including offering services. The only person permitted to login to an account is the user that registered the account and whose name and information appears on the account.
b. The Folklore defines “spam” as messaging activity on the Site that is unwanted, repeatedly occurring, and disruptive to the recipient’s experience. Users agree to not to spam.
7.2 Illegal and Prohibited Services
Please note that examples included below are not an exhaustive list. We may update what is considered an illegal or prohibited service from time to time.
a. Illegal Services
We require our users to abide by all applicable laws and regulations. Users may not offer or request services related to illegal activity, or ones that promote, approve, or enable any unlawful behavior. The Folklore reserves the right to permanently suspend user accounts involved in violation of this policy. Please note that The Folklore reserves the right to report illegal activity to law enforcement authorities.
b. Prohibited Services
i. Any service not listed on the permitted services list.
ii. Promoting prohibited or potentially dangerous goods (firearms, ammunition, drugs, and controlled substances).
iii. Any level of sexual exploitation, abuse, or human trafficking.
iv. Providing fake or misleading documents, including the creation of—or any kind of modification to—official documents such as IDs, passports, driver’s licenses, bank statements, death or birth certificates, etc.
v. Content which is related to glorification and/or incitement to violence, or any other criminal and harmful behavior towards an individual, group, or animals.
vi. The intention to create or promote the spread of fake news and disinformation.
v. Providing licensed professional services without the required certifications and/or qualifications, ex. legal counsel, financial or tax advice, etc.
vi. Attempts to hack or crack any system (accounts, profiles, networks, etc.) with the intent to obtain unauthorized access to sensitive personal and/or financial information of individuals, entities, or governmental institutions.
vii. Creating or contributing to any information security hazard for individuals, entities, governmental institutions (DDOS attacks, doxxing, impersonation, distribution of malware, phishing and other hacking techniques, etc.)
7.3 Hate Speech and Discrimination
a. Hate Speech – The Folklore defines hate speech as content which is intended to incite violence or hatred against a person or group of people, based on their real or perceived characteristics, which may include, without limitation race, skin color, ethnicity, sexual identity, gender identity, marital status, religion, age, or disability. Hate speech may appear in the form of threatening, derogatory, or dehumanizing language, usage of ethnic or racial slurs, or as content that supports hateful narratives and behavior. Hate speech is prohibited.
b. Discrimination – The Folklore considers any unfair or unequal treatment of a person or group of people based on real or perceived characteristics, such as race, skin color, ethnicity, sexual identity, gender identity, marital status, religion, age, or disability, to be discrimination. Discrimination is prohibited.
7.4 Harassment and Abusive Conduct
Any and all behavior and/or communication on the platform that is inappropriate and could be considered harassment is prohibited.
7.5 Intellectual Property
The Folklore does not permit any service that violates the intellectual property (IP) rights of individuals and/or businesses, and will take measures against those who provide or request such services. The Folklore reserves the right to permanently suspend accounts which are involved in infringement of intellectual property rights.
7.6 Minors Policy
a. Services Involving Minors
i. In cases where the minor is the primary service provider (for example, child voice over), the owner of the account must be the minor’s parent or legal guardian. When this is the case, it must be clearly stated in the Gig components and profile description.
ii. In cases where the minor is involved in the service creation process (for example, photography for children’s products) it must be clear from the nature of the service that participation of minors is required.
iii. In cases where the minor is involved in the service creation process (for example, photography for children’s products) it must be clear from the nature of the service that participation of minors is required.
b. No Sexually Explicit Content Featuring Minors
i. The Folklore does not allow sexually explicit content featuring minors or content that seeks to sexually exploit minors. The Folklore also prohibits content that depicts and/or describes minors in a way which could be considered sexually suggestive in nature, violent, or exploitative.
ii. The Folklore may use broad discretion when removing content that includes or depicts minors. User accounts involved in violation of this policy can be permanently suspend.
8. User Generated Content
User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to the Site by our users (Brands and Service Providers) is User Generated Content. The Folklore does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Site, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or and the account disabled.
Furthermore, The Folklore is not responsible for the content, quality or the level of service provided by the Service Providers. We provide no warranty with respect to the Services, the delivery of work, or any communications between Brands and Service Providers. Users should take advantage of our rating system, our community and common sense in choosing appropriate services.
By offering a service, the Service Provider undertakes that they have sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on the Site.
9. Ownership
When purchasing a Service on the Site, unless clearly stated otherwise in the Project Scope, when the work is delivered, and subject to payment, the Brand is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Service Provider, and the Service Provider waives any and all moral rights therein. Accordingly, the Service Provider expressly assigns to the Brand the copyright in the delivered work. All transfer and assignment of intellectual property to the Brand shall be subject to full payment for the Services, and the delivery may not be used if payment is cancelled for any reason. For the avoidance of doubt, in custom created work (such as design work, report generation, etc.), the delivered work and its copyright shall be the exclusive property of the Brand and, upon delivery, the Service Provider agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Brand.
Furthermore, users (both Brands and Service Providers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to The Folklore, including texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by The Folklore for no consideration for marketing and/or other purposes.
10. Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE FOLKLORE NOR ANY PERSON ASSOCIATED WITH THE FOLKLORE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE. YOU UNDERSTAND THAT THE FOLKLORE DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE, NOR DOES THE FOLKLORE MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE. THE FOLKLORE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Limitation on Liability
IN NO EVENT WILL THE FOLKLORE, ITS AFFILIATES OR THEIR LICENSORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with The Folklore, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.
12. Indemnity
You agree to defend, indemnify, and hold The Folklore, and its parent, subsidiaries, affiliates, partners, successors, and assigns, and each of their owners, members, officers, directors, employees, agents, representatives, contractors, subcontractors, licensors, service providers and third party content providers, harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal and accounting fees) made by any third party due to or arising out of your violation of these Terms of Service and/or any law or the rights of a third party, and/or your use of or participation on the Site.