ohfolio.com - legal terms and conditions
1 GENERAL
1.1 This page, together with the documents referred to on it sets out the terms of use on which you may make use of our website www.ohfolio.com ("ohfolio.com site"), whether as a guest or a registered member. Please read these terms of use carefully before you start to use the ohfolio.com site. By using the oholio.com site and by registering as a member, you accept these terms of use and you agree to be bound by them. If you do not agree to these terms of use, please refrain from using the ohfolio.com site, or contact ohfolio.com for further clarification.
1.2 Ohfolio is a registered trademark and trading name and the ohfolio.com website is owned and operated by the Illustration Source Ltd. We are registered in England and Wales under company number 5207335 and have our registered office at 51 SOUTH STREET, DORKING, SURREY, RH4 2JX. Our main trading address is 4 Friday Street, Dorking, Surrey RH5 6JR.
2 ACCESSING THE ohfolio.com SITE
2.1 Access to the ohfolio.com site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the ohfolio.com site without notice.
2.2 ohfolio.com will take all reasonable endeavors to ensure that any materials you post on the OHFolio.com site are available for others to view on the internet. However, due to the nature of the internet, we cannot guarantee uptime on the ohfolio.com site.
2.3 ohfolio.com will not be liable if for any reason the ohfolio.com site is unavailable at any time or for any downtime of the ohfolio.com site.
3 SERVICE TO REGISTERED MEMBERS
3.1 From time to time, we may restrict access to some parts of the ohfolio.com site to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have breached these terms of use, or if required to do so by a legal or regulatory authority.
3.2 As a registered member, you are responsible for ensuring that ohfolio.com has current and up to date details relating to your contact addresses and your registered account, and that your email system is configured so as to allow ohfolio.com emails and notifications to be delivered to your inbox.
3.3 ohfolio.com shall not be liable for any loss, damage, cost or expense suffered by you as a result of any unauthorised use of your user identification code or password, or for any unauthorised access to any password protected part of the ohfolio.com site, or any other unauthorised access to your content held by ohfolio.com.
4 CONTENT OF SITE
4.1 You warrant and guarantee that each image, text, or other materials or content ("Content") which you submit:
4.1.1 was created by you and is original to you;
4.1.2 does not infringe any other person's rights;
4.1.3 does not contain any material which is or is likely to be offensive, indecent, unlawful, obscene, sexually explicit, drug or criminal-related, defamatory, degrading or otherwise unacceptable content;
4.1.4 does not contain any falsehoods or representations that may damage ohfolio.com, the person featured in the image or any third party;
4.1.5 does not constitute, encourage or display any bullying, violent, abusive, discriminatory or threatening behavior or harassment of any person; and
4.1.6 does not, and is not likely to, give rise to civil or other liability.
4.2 You further undertake and warrant that you have the consent of every person featured in the Content to allow use of their image, likeness, name, voice (and all other related personal rights) on the ohfolio.com site.
4.3 ohfolio.com may wish to use client websites or images of client websites for marketing and promotional purposes. Clients will be informed of this in writing and will have the oppourtunity to opt out of any such activity.
4.4 ohfolio.com shall be entitled to remove or take down any Content which it believes is in breach of these terms at any time.
4.5 For the avoidance of doubt, ohfolio.com shall not be liable for any third party infringement of the intellectual property rights in your Content. ohfolio.com will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of our site.
4.6 If you believe that any content shown on the ohfolio.com site is offensive, illegal or unacceptable, or otherwise does not comply with these terms and conditions, you are encouraged to report this to ohfolio.com by telephone, post or email.
5 DOMAIN NAME MANAGEMENT SERVICE
5.1 ohfolio.com currently offers registered users a service of purchasing domain names from third party service providers. Where you have signed up to such a service:
5.1.1 ohfolio.com will use its reasonable endeavors to manage the purchasing and registration of such domain name(s) on your behalf;
5.1.2 You are responsible for providing ohfolio.com and continuing to provide ohfolio.com with up to date and accurate information as and when required by ohfolio.com in order that ohfolio.com can register and manage the domain name(s) on your behalf and service your account. ohfolio.com shall not be liable for any failure by you to provide such information;
5.1.3 ohfolio.com shall not be liable to purchase or renew any domain name(s) on your behalf unless it is in receipt of cleared funds in respect of such domain name(s) purchase or renewal prior to the date of purchase or renewal;
5.1.4 You are responsible for responding to any notices sent by or on behalf of ohfolio.com or any domain name service provider relating to management of your domain name(s). ohfolio.com will not be held liable for any failure by you to provide such information if it results in your domain name(s) lapsing;
5.1.5 At any time, ohfolio.com may cease its service of managing domain name(s) upon written notice to the email address given by you on registration (as updated by you from time to time). In the event that ohfolio.com ceases managing your domain name you will be supplied with your account password and user name in order to manage your own domain name registration and renewal with third party domain name providers;
5.1.6 In the case that ohfolio has purchased a domain name on your behalf you are at any time able to ask ohfolio.com to transfer registration to a third party. It is the client’s responsibility to inform ohfolio.com if they wish to transfer ownership to a third party before automatic renewal of the domain name.
If clients choose not to renew their ohfolio.com membership the domain name will not be renewed by ohfolio.com and it is the responsibility of the former client to purchase their chosen domain name should they wish to keep it.
5.1.7 ohfolio.com does not accept any responsibility for the loss of chosen domain names once a client has decided to end or failed to renew their subscription to the ohfolio service.
5.1.8 Clients can request that when the domain name is due for renewal ohfolio.com renews the client’s domain name and transfers ownership to the client to avoid the 75 day grace period.
ohfolio.com will carry out this procedure on behalf of the client for an administration fee (subject to change, please enquire with ohfolio.com)
If clients wish to transfer registration of domain name to another party before the domain registration renewal is due ohfolio.com will carry out this procedure for the client for an administration fee (subject to change, please enquire with ohfolio.com)
6 VIRUSES, HACKING AND OTHER OFFENCES
6.1 You must not misuse the ohfolio.com site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the ohfolio.com site, the server on which the ohfolio.com site is stored or any server, computer or database connected to the ohfolio.com site. You must not attack the ohfolio.com site via a denial-of-service attack or a distributed denial-of service attack.
6.2 ohfolio.com will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the ohfolio.com site or to your downloading of any material posted on it, or on any website linked to it.
7 LIABILITY
7.1 Except for personal injury or death caused by ohfolio.com's negligence or for any other liability that may not be excluded by law, ohfolio.com and its agents accept no liability for any loss or damage suffered by you in submitting, or from you or any third party's viewing, the Content, or any other materials on the ohfolio.com site.
7.2 You hereby indemnify (and shall keep indemnified) and hold harmless ohfolio.com, its directors, employees, agents and representatives against any claim, loss, expense, liability or damages suffered by ohfolio.com resulting from the use of your Content or your breach of these terms and conditions.
7.3 The material displayed on the ohfolio.com site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, ohfolio.com hereby expressly excludes:
7.3.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
7.3.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the ohfolio.com site or in connection with the use, inability to use, or results of the use of the ohfolio.com site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts; loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect ohfolio.com's liability for any liability which cannot be excluded or limited under applicable law.
8 INTELLECTUAL PROPERTY
8.1 All intellectual property rights in the ohfolio.com site and in the ohfolio.com trademarks and brand names belong to ohfolio.com or its licensors. All rights are reserved. No such content may be reproduced without ohfolio.com's prior written permission.
9 LINKS FROM ohfolio.com SITE
9.1 Where the ohfolio.com site contains links to other sites and resources provided by third parties, these links are provided for your information only. ohfolio.com has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
10 VARIATIONS TO TERMS OF USE
10.1 ohfolio.com may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding to all clients. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
11 JURISDICTION AND GOVERNING LAW
11.1 These terms and conditions are governed by English Law and any disputes arising in relation to these terms and condition shall be subject to the non-exclusive jurisdiction of the English courts.
