Terms of Service
Last Updated: June 21, 2010
The Terms of Service ("Terms") below govern the relationship between any user ("User") and the Orbs.com website ("Site" or "Orbs.com Site"), services ("Services") from MeZine Inc. and future web tools to be released later. By accessing or using our Site, you the User signify that you have read, understand and agree to be legally bound by these Terms.
By signing up for an account on our Site, you agree to provide accurate, current and complete information about yourself, and to update that information if changes occur; if you do not, we have the right to close your account and any sites created under your account.
As part of the registration process, you will choose a password. It is your responsibility to keep your password confidential and to take responsibility for any actions taken under your account. If you find your password or account is being used by someone without your consent, or you discover any other breach of security, you agree to notify us immediately at firstname.lastname@example.org.
2. Age Restrictions
All our Sites require Users to be thirteen (13) years of age or older. By registering on any of our Sites, you represent and warrant that you are 13 or older and that you agree to and will abide by all the Terms of this agreement. Any registration by anyone under 13 is unauthorized, unlicensed and in violation of these Terms.
3. Changes to the Terms of Service
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time without notice. It is your responsibility to regularly check the "Last Updated" date above for any material changes to these Terms. Your continued use of our Sites after any changes constitutes your acceptance of the new Terms.
4. User Conduct
You agree not to use the Site to:
- Upload, post, email, transmit, store or otherwise make available any content that we deem to be unlawful, harmful, threatening, abusive, bullying, harassing, false, inaccurate, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that violates any applicable law. This includes no nudity, specifically genitalia or female breasts and images may not depict sexual acts.
- Harm minors in any way.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
- Upload, post, email, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
- Upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
- Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "link farms," "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- Interfere with or disrupt any Orbs.com Services, servers, or networks connected to our Site, or disobey any requirements, procedures, policies, or regulations of networks connected to our Site.
- Attempt to gain unauthorized access to Orbs.com Sites or Services, accounts, private web sites, or computer systems or networks connected to our Site, through password mining or otherwise.
- Frame the Site in any way or otherwise attempt to defeat, modify or bypass any pages or functionality of the Site.
- Violate any applicable local, state/provincial, national or international laws or regulations, encourage or provide instructions for a criminal offense, or otherwise violate the rights of any party.
- Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
- Block, remove, or otherwise obstruct the proper functioning and view of advertisements on our Sites.
- Sell access to or use of any Services available on Orbs.com.
- Solicit personal information from anyone under the age of 19 or collect information from any person without their consent.
- "Stalk" or harass another.
- Collect or store unauthorized personal data about other Users.
- Use our Site as storage for remote loading or as a door or signpost to another site, whether inside or beyond our Site.
You further agree to:
- Only use our Site in a manner consistent with these Terms of Service.
- Allow us to contact you via mail, email and telephone for the purpose of activation, service or billing, even if you are on the Federal Do Not Call List. You agree not to report our email communications to you as SPAM to anyone or any governing body, ISP or service provider.
- Respond to customer, copyright or trademark holders' questions within 7 business days.
5. User Submissions
You are solely responsible for the content, including but not limited to any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you submit or make available for inclusion on or through your Orbs.com Site ("User Submissions").
You own all rights to your User Submissions. However, you grant Orbs.com a worldwide, royalty free right to distribute, reproduce, modify, publish, and publicly display your User Submissions (in whole or in part with some kind of attribution to you or your site) in any format or medium now known or later developed. We will take reasonable measures to only display those sites which are publicly available.
Although some of our Sites may allow for limited access to pages or entire sites and we have taken certain technical measures to protect the privacy of them and to prevent unauthorized viewing of their content, Orbs.com does not guarantee that they are completely secure. These pages and sites may be vulnerable to hostile cyber hacking by third parties and therefore should be used at your own risk.
Orbs.com reserves the right to remove sites from public view, delete, or purge the content with or without cause or notice for any reason, including, without limitation if we determine at our sole discretion that the content is harmful, offensive, illegal, or inappropriate subject matter for our Sites. Furthermore, we may terminate or suspend your access to the Sites and remove any User Submissions at any time, with or without cause, and with or without notice.
6. External Links
The Orbs.com Site may contain links to other sites. You agree that Orbs.com does not endorse any other sites and is not liable for any loss or damages related to the content, products or services available through those sites. Because Orbs.com has no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Orbs.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.
7. End Users
Your relationship with your end users, "End Users" in this Agreement referring to any user who visits your site and uses the Orbs.com Service, is independent from Orbs.com. We will not be held liable for any disagreements between you and your End Users.
8. Proprietary Rights to Content
You agree that Content presented through our Site, including all text, graphics, logos, button icons, images, video files, audio files, software, data compilations and other intellectual property, is owned by Orbs.com and is protected by copyright, trade-mark, service mark, patent, or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the software, in whole or in part.
10. Domain Policy
Orbs.com has entered into an agreement with Tucows.com Co. for domain services. Should you get a domain via the Orbs.com Service, you accept the terms and conditions set forth in their policy at http://opensrs.com/resources/contracts/exhibita.htm and to the ICANN policy at http://www.icann.org/dndr/udrp/policy.htm. ICANN is the governing body of domains on the Internet.
11. Force Majeure
Orbs.com shall not be liable for the failure to perform any of its obligations under these Terms of Service, if such failure is caused by the occurrence of any event beyond our reasonable control, including without limitation, fire, flood, strikes and other industrial disturbances, accidents, transmission difficulties, Internet outages, riots, insurrections, acts of God or orders of governmental agencies.
Either you or Orbs.com may terminate or cancel your account at any time. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with Orbs.com. You also agree that Orbs.com may close your account and prevent you from using our site for violating any of our Terms of Service, or for any other reason, at any time, at our sole discretion, without prior notice to you. In most instances, however, we will review your web site and if it is found to be in violation of any of our Terms of Service, you will be given a warning. If the web site continues to violate our rules, your site will be deleted.
If any provision of this Agreement shall be held illegal, unenforceable, or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
14. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITH.US EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITH.US MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OR FUNCTIONALITY WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WITH.US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
You agree to indemnify Orbs.com, Mezine Inc. and its parent company including its directors, employees, owners, agents, suppliers and users from any CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS OR EXPENSES, ATTORNEYS' AND COURTS' FEES INCLUDED, ARISING OR RELATED TO THE USE OF THE SITE OR OTHER MATERIALS THEREON OR ANY VIOLATION OF THE TERMS OF SERVICE, DESCRIBED HEREIN.
16. Limitation of Liability
In no event will Orbs.com, Mezine Inc. and its parent company's directors, employees, owners, agents, suppliers or users be liable to you or any third party for any indirect, incidental, consequential, special or punitive damages, including lost profit, goodwill, or other loss, be it tangible or intangible, arising from your use of this service or any content or other materials thereon, even if we have been advised or were otherwise aware of the possibility of such damage.
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever including but not limited to: (a) the use or inability to use the service, (b) the provision of or failure to provide services, (c) for any information, software, products, services and content obtained through the service or otherwise arising out of the use of the service, or (d) statements or conduct of any third party on the service, and regardless of the form of the action, will be at all times limited to the amount actually paid by you, if any, to use the service, not to exceed five hundred United States dollars. You further acknowledge that if no fees are paid to us to use this Service, you are limited to injunctive relief only, and are not entitled to damages from the Company regardless of your cause of action.
Without limiting the foregoing, Mezine Inc., Orbs.com and its parent company's directors, employees, owners, agents, suppliers or users are not responsible for any of your data residing on our sites or suppliers' hardware. you are responsible for backing up your data and information that may reside on the Service or Orbs.com's 'suppliers' hardware, whether or not such information is produced through the use of the Service.
17. Governing Law and Dispute Resolution
You agree that any dispute or claim arising out of or related to the Service or this Agreement, or the interpretation, making, performance, breach or termination thereof, shall be settled by binding arbitration in Vancouver, British Columbia under the rules of the British Columbia International Arbitration Centre. The proceedings shall be conducted and all evidence shall be offered in the English language. You agree that any claim against Orbs.com must be filed within one (1) year of the time such claim arose, regardless of any law to the contrary, otherwise such claim will be barred forever.
Notwithstanding the above, Orbs.com may apply to any court of competent jurisdiction (i) for a temporary restraining order, preliminary injunction or other interim or conservatory relief as necessary, including without limitation for breach of section: "Proprietary Rights to Content" or (ii) to collect fees due and owing from you pursuant to this Agreement, without breach of this arbitration agreement and without any abridgment of the powers of the arbitrator.
This Agreement shall be governed in all respects by the laws of the Province of British Columbia, Canada. Such law shall be applied by the arbitrator to the merits of any dispute or claim. For any non-arbitral action or proceeding arising out of or related to the Service or this Agreement, both parties submit to sole and exclusive jurisdiction and venue in the courts located in Vancouver, Canada and further agree that any such action or proceeding shall be brought in a court in Vancouver, British Columbia.
A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
18. Copyright Policy
It is the policy of Orbs.com to respect the intellectual property rights of others; we ask that our Users do the same. Orbs.com may suspend or terminate the accounts of those who appear to infringe the intellectual property rights of others. We may further remove content that has prompted a complaint at our sole discretion.
If you believe that your copyright in any material has been infringed by Orbs.com or a User of the Orbs.com Service, please provide us with the following:
- A description of the copyrighted work that you claim has been infringed;
- A description of the material that you claim is infringing, identified with sufficient detail to enable us to locate it on the site;
- Your name, address, telephone number, and e-mail address;
Both of the following statements:
- "I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law."
- "I hereby state that the information in this notification is accurate and, under penalty of perjury, that I am the owner, or authorized person to act on behalf of the owner of the copyright that is allegedly infringed."
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
Please direct all notices of claims of copyright infringement relating to the Orbs.com Site to email@example.com.