Effective March 1, 2016

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. BASIC TERMS

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: **
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.


3. SHARING OF YOUR INFORMATION

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.


4. OUR SERVICES

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.


5. VISUAL CV SECTION

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.


6. TERMINATION

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.


7. COPYRIGHT

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.
Valley View Office Park, 4th Floor.
Parklands, Nairobi
Via email: hello@briglobe.com


7. CHANGES

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.


Disclaimer of Warranties

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.


Limitation of Liability; Waiver

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.


ADDRESS
Briglobe Investment Group Limited
P.O.Box 21933-00100,
13th Floor, Hazina Towers
Nairobi, Kenya
CONTACTS
Email: hello@briglobe.com
Phone: +254 (0) 712 983 630
Phone: +254 (0) 708 533 383
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Onesha™ is a product of Briglobe Investment Group.   © 2017.   All rights reserved.