Terms of Use
Please read these Terms of Use carefully before accessing or using this website, software, apps, and/or plug-ins made available by Portofole or its affiliates (individually and collectively, the “Site”).
1. Acceptance of Terms
1.1 You must be of at least 18 years of age to access this site. Your continued access or use of the Site constitutes your declaration of the same.
1.2 You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that www.portofole.com (“Portofole”), a project owned, hosted and operated by Forth Estate Media Private Limited, may publish from time to time (collectively, the “Terms of Use”). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.
1.3 Portofole may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the “Terms of Use” link on the home page of portofole.com to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.
2. Intellectual Property
2.1 Subject to your compliance with these Terms of Use, any applicable license agreement with Portofole, and the laws of India, you may access and use the Site. Portofole remains the sole owner of all right, title, and interest in the Site and reserves all rights not expressly granted under these Terms of Use. Portofole may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in Portofole’s sole discretion. Portofole provides the Site on an “as is” and “as available” basis.
2.2 Portofole remains the sole owner of all right, title, and interest in the Site and reserves all rights not granted under these terms.
2.3 We host user-generated content from our users. If you access our Site, you may come across content that you find offensive or upsetting. Your sole remedy is to simply stop viewing the content. If available, you may write to us reporting the same through our contact us form with the subject “Reporting Content”.
2.4 When using the site to store or host your data, we recommend that you continue to back up your content regularly. We may create reasonable technical limits on your content, such as limits on file size, storage space, processing capacity, and other technical limits. We may suspend the Services until you are within the storage space limit associated with your account. limits. We may suspend the Services until you are within the storage space limit associated with your account.
3. Your Content.
3.1 You retain all rights and ownership of your content. We do not claim any ownership rights to your content.
3.2 We require certain licenses from you to your content to operate and enable the Site. When you upload content to the Site, you grant us a non-exclusive, worldwide, royalty-free, sub-licensable, and transferrable license to use, reproduce, publicly display, distribute, modify (so as to better showcase your content, for example), publicly perform, and translate the content as needed in response to user driven actions (such as when you choose to store privately or share your content with others). This license is only for the purpose of operating or improving the Site and for marketing and promoting the Site.
3.3 We will only access, view, or listen to your content in limited ways. For example, in order to perform the services, we may need to access, view, or listen to your content to (a) respond to support requests; (b) detect, prevent, or otherwise address fraud, security, unlawful, or technical issues; and (c) enforce these terms. Our automated systems may analyze your content using techniques such as machine learning. This analysis might occur as the content is sent, received, or when it is stored. From this analysis, we are able to improve the services.
3.4 Sharing Your Content.
(a) Sharing. Some services may provide features that allow you to Share your content with other users or to make it public and/or you may decide to share your portfolio or project with other users or on other online and offline platforms. “Share” means to email, post, transmit, upload, or otherwise make available (whether to us or other users) through your use of the Site. Other users may use, copy, modify, or re-share your content in many ways. Please consider carefully what you choose to Share or make public as you are entirely responsible for the content that you Share.
(b) Level of Access. We do not monitor or control what others do with your content. You are responsible for any and all content you upload and add on the Site. Anything you upload on the site shall be treated as allowed for public access.
(c) Comments. The Services may allow you to comment on content. Comments are not anonymous, and may be viewed by other users. Your comments may be deleted by you, other users, or us.
3.5 Termination of License. You may revoke this license to your content and terminate our rights at any time by removing your content from the Service. However, some copies of your content may be retained as part of our routine backups.
3.6 You have no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). However, if you submit Feedback to us, then you grant us a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferrable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, and publicly perform the Feedback.
3.7 We may allow you to license your content to other users through our Services. If available, you may choose to license your content through us under a separate agreement or directly to other users under an agreement between you and the buyer.
4. Account Information.
You are responsible for all activity that occurs via your account. Please notify Customer Support immediately if you become aware of any unauthorized use of your account. You may not (a) Share your account information (except with an authorized account administrator) or (b) use another person’s account. Your account administrator may use your account information to manage your use and access to the Services.
5. User Conduct.
5.1 Portofole consists of users who expect a certain degree of courtesy and professionalism. You must use the Services responsibly.5.2 You must not misuse the Site or content that we provide to you as part of our services. For example, you must not:
Copy, modify, host, stream, sublicense, or resell the Site or its content;
Enable or allow others to use the Site or its content using your account information;
Use the Site or its content to construct any kind of database;
Access or attempt to access the Site or its content by any means other than the interface we provided or authorized;
Circumvent any access or use restrictions put into place to prevent certain uses of the Site;
Share content or engage in behaviour that violates anyone’s Intellectual Property Right (“Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights.);
Upload or share any content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libellous, vulgar, lewd, profane, invasive of another’s privacy, or hateful;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Attempt to disable, impair, or destroy the Services, software, or hardware;
Disrupt, interfere with, or inhibit any other user from using the Site (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way),
Engage in chain letters, junk mails, pyramid schemes, spamming, or other unsolicited messages;
Place advertisement of any products or services in the Services except with our prior written approval;
Use any data mining or similar data gathering and extraction methods in connection with the Services; or
Violate applicable law.
6. Fees and Payment.
6.1 You must pay any applicable taxes, and any applicable third-party fee (including, for example telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees, foreign transaction fees). We are not responsible for these fees. Contact your financial institution with questions about fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses. If you are located in a different country from the applicable Portofole entity that you are transacting with, your payments will be made to a Indian entity.
6.2 If you do not notify us of updates to your payment method, to avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
7. Your Warranty and Indemnification Obligations.
7.1 By uploading your content to the Site, you agree that you have: (a) all necessary licenses and permissions, to use and Share your content and (b) the rights necessary to grant the licenses in these terms.
7.2 You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your content, your use of the Site or its content, or your violation of these terms.
8. Disclaimers of Warranties.
8.1 Unless stated in the Additional Terms, the Site, its services and content are provided by “Portofole.” To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the Site. We further disclaim any warranty that (a) the Site or its Content will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Site or its Content will be effective, accurate, or reliable; (c) the quality of the Site or its Content will meet your expectations; or that (d) any errors or defects in the Site or its Content will be corrected.
8.2 We specifically disclaim any liability for any actions resulting from your use of any Site or its Content. You may use and access the Site or its Content at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use and access of any Site or its Content.
9. Limitation of Liability.
9.1 Unless stated in the Additional Terms, we are not liable to you or anyone else for: (a) any loss of use, data, goodwill, or profits, whether or not foreseeable; and (b) any special, incidental, indirect, consequential, or punitive damages whatsoever (even if we have been advised of the possibility of these damages), including those (x) resulting from loss of use, data, or profits, whether or not foreseeable, (y) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (z) arising from any other claim arising out of or in connection with your use of or access to the Site or its Content. Nothing in these terms limits or excludes our liability for gross negligence, for our (or our employees’) intentional misconduct, or for death or personal injury.
9.2 Our total liability in any matter arising out of or related to these terms is limited to Rs. 1000 (rupees one thousand) or the aggregate amount that you paid for access to the Site or its Content during the three- month period preceding the event giving rise to the liability, whichever is larger. This limitation will apply even if we have been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy.
9.3 The limitations and exclusions in this Section 9 apply to the maximum extent permitted by law.
10. Termination.
10.1 You may stop using the Services at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees.
10.2 If we terminate these terms for reasons other than for cause, then we will make reasonable effort to notify you at least 30 days prior to termination via the email address you provide to us with instructions on how to retrieve your content. Unless stated in Additional Terms, we may, at any time, terminate your right to use and access the Site if:
(a) You breach any provision of these terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with these terms);
(b) You fail to make the timely payment of fees for the Site, if any;
(c) We are required to do so by law (for example, where the provision of the Site to you is, or becomes, unlawful);
(d) We elect to discontinue the Site, in whole or in part, (such as if it becomes impractical for us to continue offering the Site in your region due to change of law); or
(e) There has been an extended period of inactivity in your free account.
10.3 Upon expiration or termination of these terms, any perpetual licenses you have granted, your indemnification obligations, our warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated in these terms will survive. Upon the expiration or termination of the Site, some or all of the Site may cease to operate without prior notice.
11. Investigations.
11.1 We do not review all content uploaded to the Site, but we may use available technologies or processes to screen for certain types of illegal content (for example, child pornography) or other abusive content or behaviour (for example, patterns of activity that indicate spam or phishing, or keywords that indicate adult content has been posted outside of the adult wall).
11.2 Disclosure. We may access or disclose information about you, or your use of the Site, (a) when it is required by law (such as when we receive a valid subpoena or search warrant); (b) to respond to your requests for customer service support; or (c) when we, in our discretion, think it is necessary to protect the rights, property, or personal safety of us, our users, or the public.
12. MISCELLANOUS
12.1 Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Rules of Arbitration of the Indian Council of Arbitration, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state of New Delhi. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. Portofole shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Portofole, such action is necessary or desirable.
12.2 These Terms of Use are governed by and shall be construed in accordance with the laws of India, without respect to its conflict of laws principles.
12.3 These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.