Orbmedia, Inc. Website Terms of Use
Bound by Terms of Use. By accessing or using this Orbmedia, Inc. (“Orb”) Web site at www.orbmedia.org, you agree to comply with and be bound by these Terms of Use and Orb’s Privacy Policy, found at https://orbmedia.org/privacy-and-best-practices-policy, incorporated herein by reference. Please read these Terms of Use carefully along with Orb’s Privacy Policy. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately terminate use of the Orb Web site.
Revision of Terms of Use. Orb may revise the Terms of Use, in whole or in part, in its sole discretion at any time. Such revisions shall be effective immediately upon posting to the Orb Web site. Your use of the Orb Web site signifies your acceptance by you of the Terms of Use posted at the time of your use of the Orb Web site. Thus, any use by you of the Orb Web site subsequent to the posting of any revision to the Terms of Use will be deemed to constitute your acceptance of such revision.
Revision of Web site. Orb may revise or discontinue any feature or aspect of the Orb Web site at any time, in its sole discretion without notice, including, but not limited to, content of the site, availability of the site, and equipment needed for access or use of the site.
Trademarks. Orb owns all rights to its trademark, logo, and other distinctive identification used in connection with its Web site. All other trademarks and logos used on the Orb Web site are the products of their individual owners.
Copyright. Orb’s Web site contains copyrighted works, trademarks, and proprietary information including, for example, text, images, photographs, artwork, and video. All of this content is property of Orb, its advertisers, sponsors, content providers, or other identifiable third parties, and is protected by state, national, and international laws, treaties, and regulations, including but not limited to the laws of copyright, trademark, patent, and trade secret law. Orb owns all rights in the design, structure, selection, compilation, assembly, and, arrangement of content in the Web site, as well as the content original to it. You may download copyrighted material for your personal, noncommercial use only, and in any event you are prohibited from making any alterations of or to delete author attribution, trademark information, or copyright notice. You acknowledge that you do not acquire any ownership rights.
The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
If you believe in good faith that any content on the Orb Web site infringes your copyright, you (or your agent) may send Orb a notice requesting that the material be removed, or access to it blocked.
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Web site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Orb to locate the material on the Orb Web site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Orb Web site should be sent to:
info@orbmedia.org
Orbmedia, Inc.
1629 K Street N.W.
Suite 300
Washington, DC 20006-1631 USA
Orb suggests that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.
Access and Use. You are granted a personal, revocable, limited, non-‐exclusive, non-‐transferable license to access and use the Orb Web site conditioned on your continued acceptance of, and compliance with, these Terms of Use. Orb reserves the right to bar, restrict or suspend any user's access to the Orb Web site, and/or to terminate this license at any time for any reason, and further reserves any rights not explicitly granted in these Terms of Use.
Registration/Login and Collection of Information. In the event you voluntarily provide information to Orb by, for example, registering with its Web site and/or subscribing to any of its services, you represent and warrant that all information provided by you to Orb is true, current, authorized, and accurate to the best of your knowledge. Orb is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of this information. You are responsible for all use of this information with respect to the Orb Web site, and for ensuring that all use of the information with respect to the Orb Web site complies with these Terms of Use. You agree that all information you provide to register with the Orb Web site or otherwise is governed by Orb’s Privacy Policy, and you consent to all actions we take with respect to your information consistent with Orb’s Privacy Policy. Orb has the right to disable any user name, password or other identifier, whether chosen by you or provided by Orb, at any time if, in Orb’s opinion, you have violated any provision of these Terms of Use.
User Obligations. You represent and warrant that: (a) you are 13 years of age or older; (b) you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Orb Web site and not interfere with the use and enjoyment of the Orb Web site by other users or with Orb’s operation and management of the Orb Web site; and (c) you will not use the Orb Web site for any unauthorized or illegal purpose or activity.
User Contributions. The Orb Web site may include features that allow users to post content and communicate with others. This content may include, but is not limited to, text, audio, video, images, or photographs (collectively, “User Contributions”). You grant Orb a worldwide, non-exclusive, royalty-free, perpetual, transferable and fully sublicenseable right and license to use, including but not limited to, to store, access, share, modify, perform, transmit, distribute, display, publish, reproduce and create derivative works from, any of your User Contributions in whole or in part in Orb’s sole discretion for purposes including, but not limited to, the Orb Web site. If you transmit or post User Contributions to or through the Orb Web site or any associated platforms, you may only do so for purposes that are related to the contents and purposes of the Orb Web site.
Without limiting the foregoing, you may not post to or transmit through the Orb Web site any content that is:
unlawful, including, for example, because it infringes or misappropriates the intellectual property rights of, or defames or libels, any person, or invades a person’s privacy including, for example, by disclosing private facts, or involves gambling or any other form of criminal or unlawful activity;
inappropriate, including, for example, because it is offensive, racist, hateful, sexist, pornographic, obscene, sexually-explicit, false or misleading;
intended, or contains material that is intended, to intimidate or incite violence; or
commercial or promotional in nature, including, but not limited to, any unsolicited or unauthorized advertising, promotional materials, solicitation of funds, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation (commercial or otherwise).
In addition, your User Contribution may not identify or implicate any individuals unless you have first obtained any and all necessary permissions from such individuals, and, in the case of minors, also from their parents or legal guardians.
Orb reserves the right to remove any User Contributions from the Orb Web site or any third-party platforms in its sole discretion for any reason whatsoever, including breach of these Terms of Use.
Third Party Content; Advertisements. From time to time, content on the Orb Web site will be supplied by third parties. This content may include articles, press clippings, opinions, advice, statements, or other information. Any such content is that of the respective third party and not of Orb. Orb does not endorse, and is not responsible for the accuracy, completeness, or usefulness of, such content. Under no circumstances will Orb be liable for any loss or damage caused by your use of or reliance on information obtained through the Orb Web site.
From time to time, advertisements and promotions from third parties may run on the Orb Web site. Orb is not responsible or liable for any loss or damage, of any sort, incurred as the result of your dealings, transactions, and/or correspondence with any such third parties.
Use of the Internet; Exclusion of Liability. Use of the Internet and the Orb Web site is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, the does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Orb Web site over the Internet or other communication network.
Links to the Orb Web site. In the event a third party posts a link to the Orb Web site, the third party must do so in a way that is legal. In addition, such link may not use any trademark or logo of Orb, and may not suggest that Orb promotes or endorses the third party, its goods, services, business, causes, or other information or policies, or which has caused or may cause any harm to Orb.
Warranties Disclaimed. THE WEBSITES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER ORB, ITS AFFILIATES, EMPLOYEES, OR OFFICERS, NOR ANY OF ITS AGENTS, SPONSORS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, OR LICENSORS (COLLECTIVELY, “ORB PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE ORB WEB SITE, IS COMPLETE, ACCURATE, RELIABLE, NON-‐INFRINGING, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (ii) ACCESS TO THE ORB WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE ORB WEB SITE WILL MEET YOUR EXPECTATIONS; OR (iv) CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE ORB WEB SITE. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-‐INFRINGEMENT OF INTELLECTUAL PROPERTY.
Exclusion of and Limitation of Liability. THE ORB PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE ORB WEB SITE; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE ORB WEB SITE; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES OBTAINED FROM THE ORB WEB SITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE ORB WEB SITE; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ORB WEB SITE; (vii) FROM ANY DELAY OR FAILURE OF THE ORB WEB SITE ARISING OUT OF CAUSES BEYOND ORB'S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, CONTENT ON THE ORB WEB SITE; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE ORB WEB SITE; (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE ORB WEB SITE.
IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF USE, THE ORB WEB SITE, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE ORB WEB SITE, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT HAS NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.
Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 12 AND 13 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND ORB'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the Orb Parties from and against all claims arising from or in any way related to your use of the Orb Web site, a violation by you of these Terms of Use, or any other actions connected with your use of the Orb Web site, including without limitation any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees. Orb will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the Orb Parties other than under this Paragraph.
Term and Termination. These Terms of Use will take effect at the time you begin using the Orb Web site. Orb reserves the right, with or without notice, at any time and for any reason to deny you access to the Orb Web site or to any portion thereof, and to terminate these Terms of Use. You may terminate these Terms of Use at any time by ceasing to use the Orb Website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the Orb Web site in your possession.
Choice of Law/Forum Selection and Dispute Resolution. In the event of a claim or controversy you have pertaining to these Terms of Use or the Orb Web site, you agree that (a) the laws of the state of California govern the validity, terms, and interpretation of these Terms of Use; (b) any controversies shall be submitted to arbitration in accordance with the policies of the American Arbitration Association; and (c) the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. In the event this arbitration clause becomes unenforceable, then the parties, to the fullest extent of the applicable law, hereby waive any and all rights to a trial by jury as to any action related hereto. You further agree that any claim or controversy pertaining to these Terms of Use or the Orb Web site must be brought exclusively in a court located in the District of Columbia, unless agreed upon in writing by all parties, and you consent to the exercise of personal jurisdiction by, and waive any objection to venue in, any such court.
Entire Agreement; Entire Understanding. These Terms of Use, together with any revisions, constitute the entire understanding and agreement between you and Orb and relating to the Orb Web site and its use by you. Any prior understandings and agreements, whether oral or written, hereby have no force or effect.
Unenforceability. If any provision of these Terms of Use or any portion thereof is held to be invalid and unenforceable, the remainder of the Terms of Use shall maintain full force and effect.
Waiver and Severability. No waiver by Orb of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Orb to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Use of Websites and Content outside of the United States. Orb makes no claims regarding access or use of the Orb Web site outside of the United States. If you use or access the Orb Web site or the Orb Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.