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: Jan 30, 2014.
This site is owned run by Portfoleo Ltd in the United Kingdom: 1st Floor, 1 E Poultry Ave, London EC1A 9PT Tel: +44 20 7887 2444
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 Portfoleo. By using or accessing Portfoleo, you agree to this Statement, as updated from time to time.
Sharing Your Content and Information
You own all of the content and information you post on Portfoleo, and you can control how it is shared through your privacy settings. In addition:
- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Portfoleo (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- We always appreciate your feedback or other suggestions about Portfoleo, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Portfoleo safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
- You will not send or otherwise post unauthorized commercial communications (such as spam) on Portfoleo.
- You will not collect users' content or information, or otherwise access Portfoleo, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Portfoleo.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not use Portfoleo to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working of Portfoleo, such as a denial of service attack.
- You will not facilitate or encourage any violations of this Statement.
Registration and Account Security
Portfoleo users provide their real names and information, and we need your help to keep it that way. 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 Portfoleo, or create an account for anyone other than yourself without permission.
- You will not create more than one personal profile.
- If we disable your account, you will not create another one without our permission.
- You will not use your personal profile for your own commercial gain (such as selling your status update to an recruiter).
- You will not use Portfoleo if you are under 18. This website is not intended for children or minors.
- You will not use Portfoleo if you are a convicted sex offender.
- 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 (including any company page you administer) to anyone without first getting our written permission.
- If you select a username for your account we reserve the right to remove or reclaim it if we believe 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 on Portfoleo that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on Portfoleo if we believe that it violates this Statement.
- We will provide you with tools to help you protect your intellectual property rights.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks (including Portfoleo, the Portfoleo and P Logos, Po), or any confusingly similar marks, without our written permission.
- You will not post anyone's identification documents or sensitive financial information on Portfoleo.
Payments and Deals
- If you make a payment on Portfoleo or use Portfoleo Credits, you agree to our Payments Terms.
Special Provisions Applicable to Pages
If you create or administer a company Page on Portfoleo, you agree to our Pages Terms.
- We can change this Statement if we provide you notice by posting on our blog.
- We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.
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 Portfoleo 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 at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 3-5, 8.2, 10.3 and 14-18.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Portfoleo exclusively in court located in Santa Clara. The laws of the State of California 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 resolve any dispute you have with Portfoleo exclusively in a state or federal court located in Santa Clara, California, and to submit to the personal jurisdiction of the courts located in Santa Clara County for the purpose of litigating all such disputes.
- If anyone brings a claim against us related to your actions, content or information on Portfoleo, 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.
- WE TRY TO KEEP PORTFOLEO UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING PORTFOLEO 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 PORTFOLEO WILL BE SAFE OR SECURE. PORTFOLEO 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. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR PORTFOLEO, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR PORTFOLEO WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, PORTFOLEO'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 a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
- You consent to having your personal data transferred to and processed in the United States.
- By Portfoleo we mean the features and services we make available, including through (a) our website at http://www.portfoleo.com and any other Portfoleo branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions).
- By information we mean facts and other information about you, including actions you take.
- By content we mean anything you post on Portfoleo that would not be included in the definition of information.
- By data we mean content and information that third parties can retrieve from Portfoleo or provide to Portfoleo.
- By post we mean post on Portfoleo or otherwise make available to us (such as by using an application).
- 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 Portfoleo at least once in the previous 30 days.
- This Statement is an agreement between you and Portfoleo, Inc. References to “us,” “we,” and “our” mean Portfoleo, Inc.
- This Statement makes up the entire agreement between the parties regarding Portfoleo, 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.
- You will comply with all applicable laws when using or accessing Portfoleo.
ACCESS TO THIS WEB SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEB SITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.
Product & Services
All references on this Web Site to information, materials, products and services apply to information, materials, products and services available in the countries or jurisdictions specified with respect to such information only, unless otherwise stated. Nothing in this Web Site constitutes an offer to buy or sell our products or services in any jurisdiction. This Web Site is for information purposes only.
Unless otherwise indicated, this Web Site and its design, text, content, selection and arrangement of elements, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Web Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights and are the property of Portfoleo or the material is included with the permission of the rights owner and is protected pursuant to copyright and trademark laws. ALL RIGHTS RESERVED.
The Portfoleo logo, P, Po, For Architecture. For Mankind., Join the Revolution, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this Web Site, unless otherwise noted, are service marks, trademarks and/or trade dress of Portfoleo (the "Marks"). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Web Site are the property of their respective owners. You agree not to display or use the Marks in any manner without our prior written permission. You agree not to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
This Web Site may contain links and/or advertisements to other web sites maintained by us in addition to links to web sites maintained by unrelated companies and persons. An advertisement of, or link to, a non Portfoleo web site does not mean that Portfoleo approves, endorses or accepts any responsibility for that web site, its content or use, or the use of products and services made available through such web site.
We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such web sites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such web sites.
Such web sites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other web sites, which you may access through this Web Site, the content thereof, or the products and/or services, made available through such web sites. If you decide to leave our Web Site and access these other web sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such web sites will apply to you while on such web sites.
Links From Other Web Sites
Any link to this Web Site without our written permission is prohibited. Notwithstanding authorisation to link to this Web Site, linking to any page other than the initial start page of www.portfoleo.com is prohibited. Persons providing access to this Web Site via a link from another web site are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source web site and for any representations made or impressions created concerning Portfoleo.
Authorisation by us to link to this Web Site is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorisation to link to this Web Site at any time and for any reason.
Users on this Web Site are responsible for ensuring that material submitted for inclusion to this Web Site complies with all relevant laws and regulations.
This Web Site acts as a venue for employers to post job opportunities for candidates but does not screen or censor the listings offered. We are not responsible for any error, omission or inaccuracy in any material posted on this Web Site and do not get involved in the actual transaction between employers and candidates. As a result, we have no control over the quality or legality of the jobs posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. You acknowledge therefore that any reliance on material posted by other users on this Web Site will be at your own risk and you assume all risks associated in dealing with other such users.
Because user authentication on the Internet is difficult, we cannot and do not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of participants on this Web Site, in the event that you have a dispute with one or more users, you agree to release us (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown arising out of or in any way connected with such disputes.
Data Protection Consent
Any communication or material you post or transmit to us over the Internet is, and will be treated as non-confidential and non-proprietary, unless this is related to a job hunter’s Resume or Portfolio. Resumes and Portfolios are only viewed by companies who subscribe to search. If a user applies for a job through Portfoleo, the company will have access to their Resume and Portfolio if this information is available. Upon the transmission of any personal information to us, you expressly grant permission to us to disseminate and/or use such information for any lawful purpose.
Posting or transmittal of any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited.
We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.
Creative Database Profile & Resume Information
When you complete your Creative Database profile, including your Resume, it will be made available for searching, viewing over the Internet and downloading by Portfoleos' customers. Employers who request resumes matching your profile will have access to that particular profile. Recruiters, employment consultants or other organisations, apart from Companies who will ultimately employ and are seeking candidates are prohibited from using our applications in any way what so ever. Any Recruiters, employment consultants or other organisations posing as the final employing company would be considered a criminal offence or violation of any law is strictly prohibited.
You can set your privacy settings to prevent curtain companies from accessing your personal details, resume and profile.
Your current employer may be a customer of Portfoleo. We have given users control on who can access and view their profile and data. Whilst every effort is made and our application is being constantly developed, we cannot be held responsible for any eventuality, if your employer or any other company you have restricted does gain access to your profile.
Portfoleo will also use the aggregate data to identify employment trends across different industries, such as salary averages. This information will not be capable of being linked to any personally identifying information about users.
Some of our customers may be located in countries outside the European Economic Area.
When you 'Apply' for a job online, we store some information about you in your 'My Profile' area, but it is protected by your password and may only be accessed by you. It does not form part of our Portfoleo candidate database and cannot be searched or accessed by Portfoleo customers. You can delete your 'Creative Database' account at any time.
If you choose to create a Creative Database, we rely on you to ensure that your details are kept up to date. You should update your resume at least every six months, particularly if your contact details have changed.
Please note that Portfoleo reserves the right to remove from our database profiles which include any content that we consider to be illegal or offensive. We will also remove a Resume if a complaint is upheld, which has been made against it. Portfoleo also maintains a quality and standard for creative database profiles, as well as jobs posted on Portfoleo. We reserve the right to remove a profile or a job post that we see inappropriate or unsuitable.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEB SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS". WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE AND ANY WEB SITE WITH WHICH IT IS LINKED. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEB SITE, OR ANY WEB SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Web Site or any web site with which it is linked.
Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
Exclusion of Liability
To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors exclude liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Web Site or any web site with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking, as you consider necessary.
You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access of this Web Site.
In consideration of your use of the Web Site, you agree to provide true, accurate, current and complete information about yourself as prompted by the Web Site's registration form ("Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, and complete. If you provide any information that is untrue, inaccurate or incomplete, or we have reasonable grounds to suspect that such information is inaccurate, we have the right to suspend or terminate your account and refuse any and all current or future use of the Web Site.
You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID, whether by you or by anyone else using your account and password.
You agree to use the Web Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the Web Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.
You agree to inform us of any apparent breaches of security such as loss, theft or unauthorised disclosure or use of your ID or password and until we are so notified you will remain liable for any unauthorised use of your account.
We may restrict certain parts of the Web Site to users who have paid a subscription fee to us, like for example Pro users. If you wish to have unrestricted use of the Web Site and access to services, which we deem are accessible on payment of a fee, you will be required to register with us and pay the subscription fee notified to you via the Web Site.
If you do not wish to pay the relevant subscription fee, you may still be required to register with us but your access to the Web Site may be restricted. We shall determine, at our sole discretion, the extent to which your access to the Web Site will be restricted.
The subscription fee shall be payable immediately on the date of our acceptance of your registration (which we shall notify you of via e-mail) and shall, at our sole discretion, be non-refundable. Where you wish to pay the subscription fee by credit or debit card, you hereby represent that you are the owner, holder and authorised user of the credit or debit card specified by you on our registration form and you agree that we are authorised to take payments from your account as and when they become due. You further agree that this authorisation will remain in effect until you revoke it in writing to us.
Where you wish to pay by invoice, we shall issue an invoice on our acceptance of your registration. All such invoices are payable within 30 days of the date of the invoice.
We reserve the right to change the subscription fee and billing methods at any time. We shall notify you of all such changes at your renewal date and your continuing use of the Web Site and our products and services will constitute acceptance of such changes. We reserve the right to terminate your account immediately without further notice if you do not accept any such changes or fail to pay our invoices.
All subscription fees payable are exclusive of VAT and shall be paid in full without deduction or withholding.
If you wish to cancel your subscription, you must notify us in writing of your intention to cancel within seven working days after our acceptance of your registration. Upon receipt of such notification, we shall refund the subscription fee and terminate your account with us, after making any appropriate deductions.
At the end of the period for which the subscription fee was payable, we shall send you a renewal notice and this agreement will automatically renew when you inform us that you wish to renew your subscription.
Modification & Discontinuation
We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Web Site (or any portion thereof) and/or the information, materials, products and/or services available through this Web Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Web Site.
Law & Jurisdiction
You agree that the courts of England shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to use of this Web Site, and that the laws of England shall govern such dispute or claim. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.
You may also want to review the following documents: