By access and use of http://orangear.com/, you (if you do it on behalf of company - “you” means such company) agree to these Terms and Conditions (this "ToU") which describe the terms and conditions applicable to your access and use of the Platform and services provided through the Platform (collectively, the "Service"). This ToU sets out the conditions under which ORANGEAR ("ORANGEAR", "we", "us" or "our") grants you access to the Platform and the Service.
Your use of the Platform and/or Service explicitly demonstrates that you agree to this ToU and constitutes your binding consent to this object, including any changes and modifications that ORANGEAR makes from time to time.
ORANGEAR will revise this ToU as the Platform and/or Service changes or evolves. You must agree to all changes and revisions if you choose to continue using the Platform and/or Service. By using the Platform and/or Service, you agree to the then-current version of this ToU as posted on the Platform. If at any point you do not agree to any portion of the then-current version of this ToU, you must immediately stop using the Platform and/or Service.
By accessing and/or using the Platform and/or Service you represent, warrant and covenant that you have all the rights and is duly authorized to act on behalf of your company in case you access, register, make payments and/or use the Platform and/or Service in interest and on behalf of such company.
You are solely responsible for any Internet connection fees that you incur when accessing the Service. You represent and warrant that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside.
ORANGEAR permits you to view and use a single copy of the Platform solely for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Platform, as well as not to violate ORANGEAR’s intellectual property in any other way. ORANGEAR reserves the right to add or remove information, content or Services from the Platform at any time at its sole discretion.
You agree that you will not, in connection with your use of the Platform or the Service, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Platform and/or Service any material or information that infringes any copyright, trademark, patent, trade secret, or another right of any party (including rights of privacy or publicity). As well, when adding information to the Platform and/or Service you represent and warrant that you have all the necessary rights to use/provide such information (including all the restrictions and consents required by corporate rules, data protection laws and regulations).
Notwithstanding anything to the contrary, you may not: (i) remove any proprietary notices from the Service; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Service; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Service, including, without limitation, through sublicense, to any other entity without the prior written consent of ORANGEAR; or (iv) make any false, misleading or deceptive statement or representation regarding ORANGEAR and/or the Service.
You shall not connect to or use the Platform and/or Service in any way that is not expressly permitted by this ToU. Without limiting the foregoing, you warrant that you will not: (a) establish, assist, or get involved in any type of attack/offence upon the Platform and/or Service which in any way attempts to disrupt the Platform and/or Service, any other person’s use of the Platform and/or Service or integrity of security and protections mechanisms of the Platform and/or Service; or (b) attempt to, gain or help other persons/organizations to gain unauthorized access to the Platform, the Service, information provided by other users or partners and affiliates, the computer systems or networks connected to the Platform and/or Service, or processing systems for payment, data, etc. Furthermore, you may not use the Platform or Service to create, collect, process, transmit or store information that: (i) is defamatory, harmful, abusive, obscene or hateful; (ii) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Platform and/or Service or interferes/violates privacy (including, but not limited to phishing, pharming or theft of any person’s identity, whether a real identity or online nickname or alias); (iii) performs any commercial communication not permitted by applicable law; (iv) constitutes harassment or threatens other people or groups of people; (v) is harmful to children in any manner; (vi) violates any applicable law, regulation or court order; (vii) makes any false, misleading, harmful, or deceptive statement or representation regarding ORANGEAR and/or the Service.
You agree that you will not use the Platform or the Service for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Platform or Service (not limiting to, but as an example: you won’t buy Service and resell it to other person or company).
You warrant that you will not (a) obtain or attempt to obtain any information from the Service, including without limitation access information of other account holders as well as other their data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Platform or Service, whether through the use of a network analyzer, packet sniffer or other device that allows to receive such information; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Platform or the Service or other users information.
The Platform may contain other products, such as chat bots and other instruments, which help us to provide you with the services.
The Platform may contain links to websites operated by other parties. ORANGEAR provides these links to other websites as a convenience, and use of these websites is at your own risk. The linked websites are not under the control of ORANGEAR, and ORANGEAR is not responsible for the content available on the other websites. Such links do not imply ORANGEAR’s endorsement of information or material on any other website and ORANGEAR disclaims all liability with regard to your access to and use of such linked websites.
Unless otherwise set forth in a written agreement between you and ORANGEAR, you must adhere to ORANGEAR’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with ORANGEAR’s and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with ORANGEAR, (iii) when selected by a user, the link must display the Platform on full-screen and not within a “frame” on the linking Platform, and (iv) ORANGEAR reserves the right to revoke its consent to the link at any time and in its sole discretion.
ORANGEAR and the ORANGEAR logo are the exclusive intellectual property of ORANGEAR. Unauthorized use of any ORANGEAR intellectual property, trademark, service mark or logo may constitute a violation of international legislation, federal and state laws.
The Platform and Service and the content made available through the Platform and Service are protected by the U.S. and international copyright laws. Except for your use of the content in connection with the Service to which we have the appropriate licensing rights or as authorized in this ToU, you may not use, modify, reproduce or distribute any of the content, or the design or layout of the Platform or Service, or individual sections of the content, design or layout of the Platform without ORANGEAR’s express prior written permission.
In case you believe that your intellectual property right been infringed on Platform by people who use Platform and/or Service, please forward the following information to the mail: firstname.lastname@example.org
Please, specify in your letter the following: identify yourself (name, address, email); specify the object of intellectual property your believe been violated and its location; describe the character of violation; put a statement that provided information is correct (under the possibility of penalty for perjury) and that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
The Platform and the Service are operated by ORANGEAR, established in the United States. Those who choose to access the Platform, and/or the Service from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. If you access the Service from and are a resident of the European Community and you are a consumer, you may have other or additional mandatory rights or remedies by law.
If you are under 13 (or other minimum allowed by law age in the respectful jurisdiction), please do not submit any personally identifiable information to ORANGEAR. We state that the Platform and the Service are not designed and we have no intent children under 13 years (or other minimum allowed by law age in the respectful jurisdiction) to access and use the Platform and the Service. We do not knowingly collect information regarding such users or let them register, access or use the Platform and the Service.
THE PLATFORM AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ORANGEAR MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE PLATFORM OR THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE PLATFORM AND/OR THE SERVICE IS AT YOUR SOLE RISK. ORANGEAR DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE PLATFORM OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORANGEAR, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE PLATFORM AND/OR SERVICE, EVEN IF ORANGEAR AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF ORANGEAR OR ANY OF THE RELATED PARTIES EXCEED 1 USD.
Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of ORANGEAR and its affiliates shall be limited to the lowest extent permitted by law.
You agree to indemnify, defend and hold ORANGEAR and the Related Parties harmless from any and all claims, demands, damages or other losses, including reasonable attorneys’ fees, resulting from or arising out of your use of the Platform and/or the Service or any breach by you of this ToU or any other policies that ORANGEAR may issue for the Platform and/or Service from time to time.
This ToU is governed by and construed under the laws of the State of California, USA, without regard to conflict of law principles. All disputes arising out of or related to your use of the Platform and/or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located within Los Angeles County, California and you agree to submit to the personal jurisdiction and venue of such courts. If either you or ORANGEAR commences a lawsuit for a dispute arising under this ToU or relating to the Platform and/or the Service, all of the issues in such action, whether of fact or law, shall be submitted to general judicial reference pursuant to California Code of Civil Procedure sections 638 and 641 through 645.1 or any successor statutes thereto.
The provisions and use of the United Nations Convention on Contracts for the International Sale of Goods to relations arising out of this ToU or relating to the Platform and/or the Service is expressly excluded.
You and ORANGEAR agree that parties will try to resolve all disputes, controversies and claims related to this ToU or relating to the Platform and/or the Service by mutual settlement procedure, which may be initiated by either party by sending a written notice requesting settlement procedure to the other party.
Parties will have 60 calendar days to solve all controversies through negotiations and mutual settlement. In case they fail to do so, a dispute shall be brought to the relevant court as determined in article 11 above.
This ToU may only be revised in a writing signed by ORANGEAR, or published by ORANGEAR on the Platform.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ORANGEAR as a result of this ToU or your use of the Service.
ORANGEAR may assign this ToU, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the ToU without ORANGEAR’S prior written consent, and any unauthorized assignment by you shall be null and void.
If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.
In the event any litigation is brought by either party in connection with this ToU, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
All notices given by you or required under this ToU shall be in writing and addressed to email: email@example.com
You hereby agree that ORANGEAR shall be entitled to appropriate equitable remedies with respect to your breaches of this ToU, as well as to other remedies otherwise available to us under applicable laws.
Some materials on our Platform regarding the Services may be outdated and ORANGEAR makes no commitment to update such materials. As well, you should acknowledge that some of the Services mentioned in these materials may not be available in your country and such references constitute no obligations (even if implied) of ORANGEAR to make available such services in your country. You should consult ORANGEAR regarding the availability of particular services offering in your country before subscribing or submitting to use the Platform and/or Service.
This ToU, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Platform and/or Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Platform and/or Service.
Some provisions can be incorporated further by signing written documents between the parties regarding the exact ways of your use of the Platform and/or Service, purchase of Services from ORANGEAR and specific portions or features of our Platform. Such relations shall be governed solely by such agreements and respectful terms and conditions if they won’t specifically refer to this ToU.