Please read this through
Briglobe Investment Group Ltd. owns “Onesha”, an online platform where young professionals can
showcase their work and discover the professional visual work of others. Onesha is
hosted exclusively in Kenya and is operated from the Briglobe Investment Group offices in
Nairobi, KE. Onesha may be accessed directly on the web at onesha.co.ke .
Onesha is a wholly-owned product of Briglobe Investment Group, and any information you provide to
Onesha will be held within Briglobe Investment Group's responsibilty. Hereforth, terms of use
specific to Onesha are provided below.
◾By accessing or using the Onesha website, the Onesha service, or any applications
(including mobile applications) made available by Onesha (together, the "Service"),
however accessed, you agree to be bound by these terms of use ("Terms of Use"). The
Service is owned or controlled by Briglobe Investment Group, Ltd ("Onesha"). These Terms of Use
affect your legal rights and obligations. If you do not agree to be bound by all of
these Terms of Use, do not access or use the Service. this Privacy Policy and our
Terms of Use.
◾Our Policy applies to all visitors, users, and others who access the Service
("Users").
1. You must be at least 13 years old to use the Service.
2. You may not post violent, nude, partially nude, discriminatory, unlawful,
infringing, hateful, pornographic or sexually suggestive photos or other content via
the Service.
3. You are responsible for any activity that occurs through your account and you
agree you will not sell, transfer, license or assign your account, followers,
username, or any account rights. With the exception of people or businesses that are
expressly authorized to create accounts on behalf of their employers or clients,
Onesha prohibits the creation of and you agree that you will not create an account
for anyone other than yourself. You also represent that all information you provide
or provided to Onesha upon registration and at all other times will be true,
accurate, current and complete and you agree to update your information as necessary
to maintain its truth and accuracy.
Also you ensure your account is not named in a manner that misleads your readers
into thinking that you are another person or company. For example, your account’s
URL or name is not the name of a person other than yourself or company other than
your own; and you have, in the case of Content that includes computer code,
accurately categorized and/or described the type, nature, uses and effects of the
materials, whether requested to do so by Onesha or otherwise.
4. You agree that you will not solicit, collect or use the login credentials of
other Onesha users.
5. You are responsible for keeping your password secret and secure.
6. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or
intimidate people or entities and you must not post private or confidential
information via the Service, including, without limitation, your or any other
person's credit card information, social security or alternate national identity
numbers, non-public phone numbers or non-public email addresses.
7. You may not use the Service for any illegal or unauthorized purpose. You agree to
comply with all laws, rules and regulations (for example, federal, state, local and
provincial) applicable to your use of the Service and your Content (defined below),
including but not limited to, copyright laws.
8. You are solely responsible for your conduct and any data, text, files,
information, usernames, images, graphics, photos, profiles, audio and video clips,
sounds, musical works, works of authorship, applications, links and other content or
materials (collectively, "Content") that you submit, post or display on or via the
Service.
9. You must not change, modify, adapt or alter the Service or change, modify or
alter another website so as to falsely imply that it is associated with the Service
or Onesha.
10. You must not access Onesha's private API by means other than those permitted by
Onesha. Use of Onesha's API is subject to a separate set of terms available here: **
11. You must not create or submit unwanted email, comments, likes or other forms of
commercial or harassing communications (a.k.a "spam") to any Onesha users.
12. You must not use domain names or web URLs in your username without prior written
consent from Onesha.
13. You must not interfere or disrupt the Service or servers or networks connected
to the Service, including by transmitting any worms, viruses, spyware, malware or
any other code of a destructive or disruptive nature. You may not inject content or
code or otherwise alter or interfere with the way any Onesha page is rendered or
displayed in a user's browser or device.
14. You must comply with Onesha's Community Guidelines, available here: Onesha Guidelines
15. You must not create accounts with the Service through unauthorized means,
including but not limited to, by using an automated device, script, bot, spider,
crawler or scraper.
16. You must not attempt to restrict another user from using or enjoying the Service
and you must not encourage or facilitate violations of these Terms of Use or any
other Onesha terms.
17. Violation of these Terms of Use may, in Onesha's sole discretion, result in
termination of your Onesha account. You understand and agree that Onesha cannot and
will not be responsible for the Content posted on the Service and you use the
Service at your own risk. If you violate the letter or spirit of these Terms of Use,
or otherwise create risk or possible legal exposure for Onesha, we can stop
providing all or part of the Service to you.
License to Your Content.
Even though we don’t claim ownership of your content, we do need certain licenses to
your content in order to operate and enable the Services. When you upload or submit
content to our Services, you grant Onesha (and our parents and affiliates) a
worldwide license to communicate, distribute, host, make modifications or derivative
works (solely for the purpose of better showcase your work), publicly display,
publicly perform, publish, reproduce, store, and use such content. The license
granted by you is for the only purpose of operating, marketing, promoting, and
improving our Services. We will attribute to you if we incorporate your content into
a Onesha feature or into promotional or marketing materials.
Accessing and Sharing Your Content.
By submitting your content to our Services, you also give other Onesha users the
right to share your content via various social medial platforms integrated with
Onesha. We may offer you ways to access and remove your content. Our Service may
also provide ways for you to limit the scope of use and access and other user’s
access and use of your content (such as allowing you to make your content available
under Creative Commons licenses). You are responsible for determining the
limitations that are placed on your content and for applying the appropriate level
of access to your content. We do not monitor or control what others do with your
content. It’s your responsibility to let other users know how your content may be
shared and adjust the setting related to accessing and sharing your content
accordingly.
Onesha reserves the right to remove any screenshot (or content created on Onesha,
e.g. comments, messages, avatars, etc.) for any reason whatsoever. Please read the
terms for rules and guidelines on what types of content are deemed inappropriate at
Onesha.
Onesha reserves the right to ban any member or website from using the service for
any reason.
By uploading your screenshots to Onesha you give Onesha permission to use or
distribute your screenshots on Onesha.co.ke or affiliated sites.
All screenshots uploaded are copyright © their respective owners.
If you delete Content, Onesha will use reasonable efforts to remove it from the
Website, but you acknowledge that caching or references to the Content may not be
made immediately unavailable.
Without limiting any of those representations or warranties, Onesha has the right
(though not the obligation) to, in Onesha’s sole discretion (i) refuse or remove any
content that, in Onesha’s reasonable opinion, violates any Onesha policy or is in
any way harmful or objectionable, or (ii) terminate or deny access to and use of the
Website to any individual or entity for any reason, in Onesha’s sole discretion.
Onesha will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Website Visitors.
Onesha has not reviewed, and cannot review, all of the material posted to the
Website, and cannot therefore be responsible for that materials content, use or
effects. By operating the Website, Onesha does not represent or imply that it
endorses the material there posted, or that it believes such material to be
accurate, useful or non-harmful. You are responsible for taking precautions as
necessary to protect yourself and your computer systems from viruses, worms, Trojan
horses, and other harmful or destructive content. The Website may contain content
that is offensive, indecent, or otherwise objectionable, as well as content
containing technical inaccuracies, typographical mistakes, and other errors. The
Website may also contain material that violates the privacy or publicity rights, or
infringes the intellectual property and other proprietary rights, of third parties,
or the downloading, copying or use of which is subject to additional terms and
conditions, stated or unstated. Onesha disclaims any responsibility for any harm
resulting from the use by visitors of the Website, or from any downloading by those
visitors of content there posted.
Who Can Use Our Services?
Service Eligibility: You can only use our Services if you are over 13 years
old, it is legal for you to use our Services, and you are legally capable of
entering into a binding contract.
International Users: Pages describing the Services are accessible from
around the world but this does not mean all Services or service features are
available in your country, or that user-generated content available via the Services
is legal in your country. Onesha may block access to certain Services (or certain
service features or content) in certain countries. It is your responsibility to make
sure your use of the Services is legal in the country where you live. Services are
not available in all languages.
Certain Services and Onesha Materials may be available only if you have paid a fee
or have provided certain account information. As used in these Terms, “Onesha
Materials” means any materials or software provided by Onesha under these Terms,
which may include materials that you or other users share through the Services.
You agree that you are responsible for all data charges you incur through use of the
Service.
Unless otherwise stated in a separate agreement, we are not responsible for (a) the
loss, corruption, or damage to your content, (b) the deletion or accuracy of your
content, or (c) the security, privacy, or communications related to your content.
We may create limits on the use of Services or Onesha Materials, including
limitation on file size and storage space. Onesha may require you to delete your
content until you are within certain storage space limits.
For use of the Job Listing Service, don’t post any listings that point to specific
work contests or other opportunities that solicit customized and unpaid creative
work from creative professionals. Any such postings may be removed without refund.
We offer a paid "Talent Search" feature to recruiters and companies looking to
discover and hire creative talents. By uploading a public profile or public project
on our Services, you agree that the public information may be included in the Talent
Search results.
VISUAL CV is an application that allows users to create and publish personal
portfolio sites, leveraging their portfolio of projects published on Onesha. The
VISUAL CV service works in tandem with Onesha and a series of other services to help
users create, publish, and host their personal portfolio sites on their own URL or
another URL provided by the VISUAL CV Service.
Cancellation.
You must cancel your membership before it renews in order
to avoid billing of the subscription fees for the next subscription period. Onesha
does not accept cancellation requests via phone, email, or any method other than
logging into your Onesha account to cancel your service. Upon cancellation, all of
your content will be deleted from the primary servers that provide the Service. Your
content cannot be recovered once your account is cancelled.
For any upgrade or downgrade in plan level, the credit card you provided will
automatically be charged the new rate on your next billing cycle. Downgrading your
Service may cause the loss of Content, features, or Account capacity. It is your
responsibility to make sure you preserve Content in your account before you
downgrade.
If your bandwidth usage exceeds either 1 GB/month, or the average bandwidth usage
(as determined solely by Onesha), we reserve the right to immediately disable your
account or throttle your file hosting until you can reduce your bandwidth
consumption.
We may temporarily suspend or take down your VISUAL CV if we think that it has been
compromised or attacked.
Subscription Fees.
Certain Services require you to purchase a
subscription or membership in order to access all or part of such Services.
Subscription terms are available at **
You are responsible for paying all taxes levied in connection with your use of the
Services. Your ability to access the Services may require payment of third-party
fees (such as telephone toll charges, mobile carrier fees, ISP, data plan, credit
card fees, foreign exchange fees, etc.) which are solely your responsibility.
You can stop using our Services at any time.
We may add, modify, or remove features or functionalities, and we may suspend or
stop a Service. We may also stop providing Services to you, or add or create new
limits to our Services at any time.
Any fees that you paid prior to termination are not refundable. Termination of your
account does not relieve you of any payment obligations.
If the Service is terminated or discontinued, then we will make reasonable effort to
notify you and provide an opportunity to retrieve your content. If your group
administrator terminates your access to a Service, then you may no longer be able to
access content that you or other members of the group have posted to a shared
workgroup or shared workspace. You may, however, still access your content stored on
your account.
Notification of Copyright Infringement.
We respect the intellectual property rights of others and we expect our users to do
the same. Onesha will respond to clear notices of copyright infringement consistent
with the U.S. Digital Millennium Copyright Act (“DMCA”).
Notifying Us of Copyright Infringement:
If you believe the Services are hosting content that infringes your copyright,
please let us know by filling out the form that you will find here. If you would
prefer to submit a notice to our Copyright Agent (address below) in writing, it must
contain all of the following:
(a) A description of the copyrighted work(s) you believe are infringed;
(b) The exact location (URL) where the infringing material resides on the Service;
(c) Contact information so that we can reach you, such as email address,your
physical address and telephone number;
(d) A statement by you that you have a good faith belief that the use of the
Material identified in your notice in the manner complained of is not authorized by
the copyright owner, its agent, or the law; and
(e) A statement by you that the information in your notice is accurate and, under
penalty of perjury, that you are the copyright owner or are authorized to act on the
copyright owner’s behalf.
(f) Your signature
Before you file an infringement notice, please carefully consider whether or not the
use of copyrighted material at issue is protected by the “fair use” doctrine, as you
could be liable for costs and attorneys’ fees should you file a takedown notice
where there is no infringing use.
Please also check to make sure you haven’t
authorized the use at issue (for example, whether you have given a creative
professional who prepared materials for your company the right to use those
materials as examples of his or her past work).
If you are unsure whether a use
of your copyrighted material constitutes infringement, please contact an attorney.
You may also wish to consult publicly available reference materials such as those
found at the U.S. Copyright website (www.copyright.gov) or at the Chilling Effects
website (www.chillingeffects.org).
If you believe access to your content was disabled or removed by Onesha as a result
of an improper copyright infringement notice, please send our Copyright Agent
(contact information below) a written counter-notice that contains all of the
following:
(a) A description of the work improperly removed, along with your user name and the
location where that work resided on the Service;
(b) Contact information so that we can reach you, such as email address, your
physical address and telephone number;
(c) A statement under penalty of perjury, signed by you, that you have a good faith
belief that the material was removed or disabled as a result of mistake or
misidentification;
(d) A statement that you consent to jurisdiction of the Federal District court for
the district where you reside (or of Nairobi County, Kenya if you reside outside of
Kenya) and that you will accept service of process from the person who provided
notification under DMCA subsection (c)(1)(C) or an agent of such person.
Before you file a counter-notice, please carefully consider whether or not your use
of the copyrighted material at issue is infringing, as you could be liable for costs
and attorneys’ fees in the event that a court decides your counter-notice
misrepresented that the material was removed by mistake.
If you are unsure
whether use of the material at issue constitutes infringement, please contact an
attorney. In addition, you may wish to consult publicly available reference
materials such as those found at the U.S. Copyright website (www.copyright.gov) or
at the Chilling Effects website (www.chillingeffects.org).
The mailing address for the Onesha Copyright Agent is:
Copyright Agent
Onesha, Briglobe Investment Group Ltd.
Onesha Plaza, Seasons Road.
Kasarani, Nairobi
Via email: hello@onesha.co.ke
We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
THE SERVICE, INCLUDING, WITHOUT LIMITATION, Onesha CONTENT, IS PROVIDED ON AN "AS
IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE
BY LAW, NEITHER Onesha NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS,
OFFICERS OR AGENTS (COLLECTIVELY, THE "Onesha PARTIES") MAKE ANY REPRESENTATIONS OR
WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A)
THE SERVICE; (B) THE Onesha CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED
WITH THE TRANSMISSION OF INFORMATION TO Onesha OR VIA THE SERVICE. IN ADDITION, THE
Onesha PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND
FREEDOM FROM COMPUTER VIRUS.
THE Onesha PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE
OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER
THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING,
WITHOUT LIMITATION, VIRUSES. THE Onesha PARTIES DO NOT MAKE ANY REPRESENTATIONS OR
WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS
ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT
YOUR SOLE RISK. THE Onesha PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS
LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE Onesha PARTIES SPECIFICALLY DISCLAIM
SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED
OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH
JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE
LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE Onesha PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY
RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER
ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER
CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
UNDER NO CIRCUMSTANCES WILL THE Onesha PARTIES BE LIABLE TO YOU FOR ANY LOSS OR
DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT,
ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR
DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE Onesha
CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF
THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE Onesha
PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF
THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL
PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY
DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY
INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS,
BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER
MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF
GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR
MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE Onesha PARTIES HAVE BEEN ADVISED OF
OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION,
WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS
FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE Onesha
PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING,
WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE Onesha PARTIES TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES
DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT
OF Onesha'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT
IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY
EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR
CONTROLLED BY THE Onesha PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN
THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION
OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY
THE Onesha PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT
TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH
WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY
WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR
LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES
NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Onesha 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.
