Orbu

Orbu: Terms of Service

Last Updated: February 16, 2024

Orbu.AI Terms of Use, Competition Rules, Privacy Policy, Beta Test Rules

Welcome

Orbu is a prediction engine focused on creating AI safety standards through financial and cultural predictions. Our first prediction competitions will ask participants to make predictions on a range of topics. The insights that we glean from our competitions are valuable to the investment community and are used to create an AI safety database.

Instructions

To participate you must either have been invited by Orbu.AI, or be either a student or faculty at a participating institution or club.

Next Steps

At launch, Orbu is creating private prediction competitions in conjunction with industry leading academics. Our beta model is in line with other academic competitions like WorldQuant BRAIN’s International Quant Championship (worldquantbrain.com) which awards cash prizes for accurate quantitative predictions.

Competition Rules

The complete Terms and Conditions are below. Orbu predictions are unique in that participants must explain the reasoning for their particular predictions by posting a video on the Orbu Social Platform. This highly structured data is processed by Orbu’s machine learning tools to glean additional insights into how the predictions were reached, how they are related, and how they can be used to inform precise forecasting and AI safety standards.

Prizes

Once Orbu.AI is fully live (non-Beta testing phase), successful predictors will be paid a one time prize for the correct prediction. Prizes are paid in ORBU Tokens and vary depending on the particular competition. The ORBU Token Beta Test rules appear below. Note that the ORBU Token is not yet live. Beta test participants will be informed via email when Token distributions are to be made and will be given further instructions at that time. Orbu estimates that the Token will be live in 2025 and will be released pursuant to our EU Subsidiary. Prize amounts will be listed in the Prediction Question Post. In the event of a tie the winner will be the first in time prediction.

ORBU Beta Test Rules Token Reward Program Terms and Conditions (Token Terms)

  1. Introduction Welcome to the ORBU Token Reward Program ("Program") offered by Orbu.AI ("Orbu.AI", "we", "us", "our"). This Program is designed to reward Beta Testers of the Orbu.AI platform ("Platform") for their valuable contributions during the testing phase. These Token Terms are to be read in conjunction with all other listed policies contained herein, including Orbu.AI Terms of Use, Competition Rules, Privacy Policy.
  2. Eligibility Participants must be registered Beta testers of the Platform to be eligible for the Program. Participants must have completed and posted predictions in the Orbu.AI Social Platform and completed the mandatory survey after making their predictions. Participation in the Program is subject to compliance with these Terms and Conditions ("Terms").
  3. Reward Eligible Beta testers will receive a reward equivalent to $50.00 US Dollars in ORBU Tokens ("Reward") upon the official launch of the Platform for completion of at least one prediction and the completion of the Beta Test Survey. In addition, Beta Testers are eligible to receive an additional $50.00 US Dollars in ORBU Tokens completing each of the remaining five Beta test predictions. As of February 16th, 2024 the six eligible Beta test predictions are the following:

Prediction: Price of Gasoline June 1st 2024 Deadline: March 23rd 2024

Prediction: US Inflation as of June 1st 2024 Deadline: May 1st 2024

Prediction: Section 230 change by November 1st 2024 Deadline: July 24th 2024

Prediction: Reach AGI by December 31st 2024 Deadline: August 31st 2024

Prediction: US Presidential Election 2024 Deadline: October 1st 2024

Prediction: Price of Bitcoin on January 1st 2025 Deadline: October 1st 2024 4. Prizes and Future Competitions Beta test participants will be automatically enrolled in future competitions in which new users participate once competitions are live and open to the eligible public. In the event that Orbu.AI, in its sole discretion, chooses to open Competitions to new entrants, Beta Test Participants will be informed via email. Beta Test participants will be entitled to keep their existing prediction or submit a new one at no cost and will become eligible, subject to the terms contained herein, to receive the posted prize.

  1. Distribution The distribution of ORBU Tokens is anticipated to begin in 2025 via our regulated subsidiary. However, Orbu.AI reserves the right to adjust the distribution timeline at its sole discretion and does not guarantee any specific release date for the Tokens.
  2. Discretionary Refusal Orbu.AI reserves the right, at its sole discretion, to refuse the distribution of ORBU Tokens to any individual. Reasons for refusal may include, but are not limited to, jurisdictional and regulatory requirements specific to the individual.
  3. Ineligibility and Alternative Reward In the event an individual is deemed ineligible to receive ORBU Tokens, Orbu.AI will offer said individual complimentary access to a single Prediction Competition on the Platform, waiving the standard entry fee. This alternative reward is limited to one Prediction Competition per ineligible Beta Tester.
  4. Risk Factors The determination of risk factors that may lead to ineligibility for Token distribution lies solely with Orbu.AI. These factors will be assessed at Orbu.AI's discretion and may include a range of considerations relevant to the individual's circumstances.
  5. No Guarantee Participation in the Program does not guarantee receipt of ORBU Tokens. The final decision regarding eligibility and distribution of the Tokens rests with Orbu.AI.
  6. Amendments Orbu.AI reserves the right to modify, suspend, or terminate the Program or these Terms at any time and for any reason, with or without notice.
  7. Governing Law These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Orbu.AI operates at the time of the token launch, without giving effect to any principles of conflicts of law.
  8. Acceptance Participation in the Program constitutes acceptance of these Terms. By participating, Beta testers agree to be bound by these Terms and the decisions of Orbu.AI, which shall be final and binding in all respects.
  9. Contact For any questions or concerns regarding the Program or these Terms, please contact Orbu.AI through the official communication channels provided on the Platform.

Competition Rules An individual (“you” or the “participant”) who wishes to participate in one or more Orbu Prediction Competitions (referred to herein as the “Orbu Competitions”) must be eighteen (18) years of age or older (or of legal age of majority in his/her jurisdiction of residence, whichever is greater) and not otherwise prohibited from participating in the Orbu Prediction Competition by any applicable law, regulation, agreement, binding obligation or policy. The Orbu Competitions are sponsored and administered by Orbu.AI UK Ltd. (“Orbu,” “we” or “us”). While Orbu Competitions are designed as a global competition or set of competitions, any individual may be deemed ineligible to participate and/or to receive a cash prize pursuant to applicable law or regulation. These competitions are tests of skill and knowledge, not chance. Without limiting the generality of the foregoing, residents of the following countries, regions or provinces shall be ineligible to participate in the Orbu Competitions: Afghanistan, Belarus, Brazil, the Canadian province of Quebec, Cuba, Iran, Italy, North Korea, Russia, Sudan, Syria, Ukraine; and/or any area, province, region or country subject to applicable sanctions by the United States Treasury’s Office of Foreign Assets Control. In addition, participants who are residents of certain countries may participate in the Orbu Competitions, however, such participants will be ineligible to receive any cash prize or cash equivalent in connection with the Orbu Competitions pursuant to applicable law or regulation, including without limitation, residents of the United Arab Emirates, Kenya and Nigeria. Other local rules and regulations may apply to you, so please check your local laws to ensure that you are eligible to participate in skills-based competitions. To participate, you must first register as an Orbu.AI user and be issued login credentials. During the registration process for an account, you will have the option to elect to participate in the Orbu Competitions. Each participant may register only once for the Orbu Competitions. No predictions submitted by a participant prior to registering for the Orbu Competitions will be considered. A participant’s account and login credentials may not be shared with any other individual. A participant may only have one active account. Duplicate accounts for one individual are grounds for disqualification not only from the Orbu Competitions. Please ensure that you immediately deactivate any duplicate accounts you may knowingly or accidentally have created. You acknowledge that by participating in the Orbu Competitions that Orbu.AI is the sole owner of your predictions and can use the data for any legal purpose including but not limited to training its artificial intelligence safety standards.
You are responsible for complying with any employer or university policies applicable to you in association with participating in a competition of this nature. You are also responsible for obtaining any third party permissions necessary for your participation in the Orbu Competitions, including, but not limited to, from any employer or university. The scoring methodology for the Orbu Competitions may vary in each stage of the Orbu Competitions, at the sole discretion of Orbu.AI. Orbu.AI will assign ranks based on average performance among other factors in its sole discretion. We reserve the right to change the scoring methodology for the Orbu Competitions at any time. By accepting any prize, you hereby agree to the use of your name, city/state or province and country, likeness and/or prize information by Orbu.AI and its designees for promotional purposes in any manner and medium, now or hereafter devised, worldwide for a period of three (3) years, without additional compensation, notification or permission. Any winnings restricted or prohibited by applicable law shall be deemed void. If a potential winner is a U.S. citizen, the potential winner must also sign and return an IRS W-9 form, or if a non-U.S. resident, an IRS W-8BEN form, within the stated time period in order to claim the prize. It is each participant’s responsibility to ensure that his or her profile information is accurate; if a participant is found to have falsified his or her university affiliation or any other information, he or she will be disqualified from the Orbu Competitions. Any participants using any illegal, offensive, inflammatory, abusive, libelous, defamatory, discriminatory, obscene or otherwise inappropriate image, language or other content in their profile or otherwise on this site shall be disqualified. By participating in the Orbu Competitions, you agree to grant certain rights to your predictions and other input as set forth herein and to comply with these guidelines and the Agreement (incorporated herein by reference). By participating in the Orbu Competitions, you represent and warrant that any prediction submitted by you is your original work. No part of the prediction can be subject to the rights of any other person or entity. WE RESERVE THE RIGHT TO AMEND THE SITE, ANY ELEMENTS OF THE ORBU COMPETITIONS OR THESE GUIDELINES AT ANY TIME IN OUR SOLE DISCRETION WITH OR WITHOUT NOTICE TO THE PARTICIPANTS, AND TO CANCEL, CHANGE OR TERMINATE THE ORBU COMPETITIONS OR DISQUALIFY ANY PARTICIPANTS WITHOUT ANY COMPENSATION, INCLUDING WITHOUT LIMITATION, DEEMING A PARTICIPANT INELIGIBLE TO RECEIVE A PRIZE PURSUANT TO ANY APPLICABLE LAW OR REGULATION. We reserve the right to review any submitted predictions and disqualify or terminate the participant’s account without any notice if we find the deliberate introduction of “noise” to subvert our scoring. Furthermore, if we detect any signs of “gaming,” sharing, cheating or any other unethical or dishonest behavior, we will terminate the participant’s and/or the team’s account and may report the matter as necessary. The Orbu Competitions are administered in the English language and by participating in the Orbu Competitions, you acknowledge and agree that you understand the English language and you have read, understand and agree to the terms set forth in these guidelines in English. In addition, you acknowledge that the Orbu Competitions are organized and directed from the United Kingdom and subject to the laws of the UK. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE ORBU.AI WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE ORBU COMPETITIONS MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, ORBU.AI RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. RELEASED PARTIES: Except in the event that Orbu.AI has breached its obligations whether legal or contractual or where prohibited by law or otherwise excluded herein, each participant agrees to release, indemnify, discharge and hold harmless Orbu.AI, and its parent, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the foregoing (individually a “Released Party” and collectively, “Released Parties”) from any and all liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from your participation in the Orbu Competitions or any Orbu-related activity, the acceptance, possession, use or misuse of a prize and/or Orbu.AI’s use of the rights granted herein. IF YOU ARE A RESIDENT OF GERMANY THIS PARAGRAPH APPLIES TO THE EXCLUSION OF PARAGRAPH 16, ABOVE: The Released Parties shall be liable for damages caused by culpable injury to life, body or health. For any other losses or damages of any kind that result from acceptance, possession or use of any prize or from participation or attempted participation in the Orbu Competitions, you agree (by participating in the Orbu Competitions) to release the Released Parties from any and all liability whatsoever unless the damage of the Participant is caused by gross negligence or wilful intent of a Released Party. The Released Parties are especially not liable for defective prizes, unless such defect is caused by gross negligence or wilful intent of a Released Party. In an event of slight negligence, the Released Parties shall be liable only for breaches of a material contractual obligation (“Cardinal Duty”). A “Cardinal Duty” is an obligation whose fulfillment makes the implementation of this Orbu possible in the first place and on the fulfillment of which you may therefore generally rely. Liability in case of a breach of a Cardinal Duty shall be limited to the typical, foreseeable damages. GENERAL CONDITIONS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled entries, email or mail; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Orbu Competitions, including, without limitation, errors or difficulties which may occur in connection with the administration of the Orbu Competitions, the processing or judging of entries, the announcement of the prizes or in any Orbu-related materials, including receiving prize claim documents executed by winners. Except in the event that they have breached their obligations whether legal or contractual: (i) Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Orbu Competitions; and (ii) Released Parties are not responsible for damage to any person’s computer related to or resulting from participating in the Orbu Competitions. IF YOU ARE A RESIDENT OF GERMANY RELEASE OF RESPONSIBILITY AS DESCRIBED IN ABOVE TWO PARAGRAPHS DOES NOT APPLY IN CASE OF GROSS NEGLIGENCE OR WILFUL INTENT OF A RELEASED PARTY. For U.K. participants, the Released Parties do not exclude or limit their liability where it would be unlawful to do so, including for (i) fraud or fraudulent misrepresentation; and (ii) death or personal injury caused by negligence. The Released Parties will not be responsible for (and will have no liability in connection with) the following occurrences, to the extent that they occur for reasons beyond the reasonable control of the Released Parties: any postponement or cancellation of the Orbu Competitions; any changes to prizes or the way in which they can be used; problems with the dispatch of prizes (such as prizes failing to reach the intended recipient); and any act or default of any third party supplier. For Australian residents only: Nothing in these guidelines restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth). FOR HUNGARY RESIDENTS: If any winner is a resident of Hungary, the prize won by such winner qualifies as taxable income of the winner. The winner shall comply with his or her tax return and tax payment obligation by the 12th day of the calendar month following the calendar quarter during which the Orbu Competitions ends. Any such winner shall pay personal income tax (15%) and social contribution tax (19.5%) upon a tax base of 84% of the value of the prize. Orbu.AI rejects any and all liability in relation to the performance of such tax obligation. By participating, the winner(s) acknowledge(s) the above tax related obligations.

Orbu App Terms of Use and End User License Agreement Effective Date: April 1, 2018 Last Updated Date: April 1, 2018 We think you’ll really enjoy the Orbu App, but there are a few things we need to agree on before you get started. You can find this Orbu App Terms of Use and End User License Agreement (the “Terms”) on the Orbu App mobile app under “Account Settings” and in the footer of the Orbu App website. If you have any questions or concerns about these Terms, please contact support@honeycommb.com. First, let’s make sure we both know what we’re talking about: When we say “Orbu App” or “Orbu,” we mean the Orbu App social media platform, which includes the Orbu App Social Prediction Website located at orbu.honeycommb.com and the Orbu App mobile applications offered, hosted, or operated by Places App Inc. DBA Honeycommb, Honeycommb Media LLC or any of their affiliates (“Honeycommb,” “we,” or “us”). “You” is not tricky. If you’re reading this or accessing the Orbu App, you’re “You.” So, here’s the deal: Material Terms The following highlights are provided for your benefit only and do not constitute binding provisions of these Terms. As provided in greater detail in these Terms (and without limiting the express language of these Terms), you acknowledge the following: the Orbu App is licensed, not sold, to you, and you may use the Orbu App only as set forth in these Terms; the use of the Orbu App may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility; you consent to the collection, use, and disclosure of your personally identifiable information in accordance with the Orbu App’s Privacy Policy available at orbu.honeycommb.com/privacy_policy (“Privacy Policy”); we provide the Orbu App to you on an “as is” basis without warranties of any kind and our liability to you is limited; by accepting these Terms, you and we are agreeing to arbitrate any dispute between us, and you are giving up your right to go to court either individually (except for matters that may be taken to small claims court) or as part of a class action. See Dispute Resolution, Arbitration and No Class Actions, Section 19, for details; if you are using the Orbu App on an iOS-based device, then you agree to and acknowledge the “Notice Regarding Apple,” below; and if you post any Objectionable Content (defined in Section 13 below) on the Orbu App, then we may – but have no obligation to – take any remedial action that we, in our sole discretion, deem necessary and/or appropriate under the circumstances, such as, without limitation, suspending or terminating your Account (defined in Section 8 below), removing all of your content from the Orbu App and/or reporting you to law enforcement authorities, either directly or indirectly. Jurisdiction The Orbu App is based in the United States. It is not designed or customized for any other country. You may use the Orbu App only if it fully complies with the laws of the country from which you are accessing the Orbu App. The Orbu App IS ONLY FOR PEOPLE AGE 13 OR OLDER. There are a lot of good reasons for this, and they protect us as well as you. If you use the Orbu App, you are telling us that you are at least that age. If you’re younger than that, thanks for waiting. Your time will come! If you are under 13, you must get your parent or guardian to look at and agree to these Terms and supervise your use of the Orbu App. If you are a parent or guardian and you’re going to allow your child to use the Orbu App, make sure they are at least 13, and please keep tabs on them. You agree to make sure you and your children comply with these Terms. Parental control hardware, software, or filtering services are commercially available that can help limit access to material you might not want your child to see. If you’re interested, information is available at www.onguardonline.gov and www.staysafeonline.org. The Orbu App The Orbu App provides you with the ability to share photos, videos, and stories with the greater Orbu community. The Terms These Terms create a legally binding contract between you and us, so please read them carefully. By accessing and/or using the Orbu App, you agree that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, then you may not use the Orbu App. We may change these Terms at any time, for any reason at our sole discretion and without notice. We’ll have the current terms posted on the Orbu App website (hosted by Honeycommb), and we’ll announce any material changes. If you continue to use the Orbu App after the effective date of a change to the Terms, that means you’ve accepted and agree to the changed terms. If you object to any of the changes, then your sole recourse is to stop using the Orbu App. Notwithstanding the preceding sentences of this Section 5, no revisions to these Terms will apply to any dispute between you and us that arose prior to the date of such revision. We may also change, suspend or discontinue any aspect of the Orbu App or any of its features, functions or content at any time, without notifying you or getting your approval. We hope you’ll like any changes we make, but even if you’re disappointed, please accept it gracefully. Change is part of life. Privacy Policy We respect your privacy and share your concern about its protection. The Privacy Policy which can be found at orbu.honeycommb.com/privacy_policy is a part of these Terms and is hereby incorporated in these Terms by reference. Please review the policy to make sure you understand how we may collect, use and protect information that we learn about you as a result of what you do on the Orbu App. By agreeing to these Terms, you also agree to the Privacy Policy. Mobile Services The Service will be accessible via a mobile phone, tablet, or other wireless device (collectively, “Mobile Services”). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the Orbu App and the related Mobile Services must be in accordance with these Terms. Registration While you may always browse the public-facing portions of the Orbu App, you must register an account on the Orbu App (an “Account”) before you can enjoy the full benefits of Orbu App, including posting User Content. Membership in Orbu App is a two-way street: either of us can cancel it at any time, for any reason or no reason. If you no longer wish to be a member of Orbu App, please contact customer support at support@honeycommb.com. If we want to terminate or suspend your membership, limit your access to anything on the Orbu App, change eligibility criteria, remove your User Content or deny access, we can do it in our sole and complete discretion and without any liability to you. Usually it will be because something bad has been going on, such as a violation of these Terms, violation of the rights of a third party, or some activity that may cause harm to us, you or other users of the Orbu App, and sometimes we might suspend your participation first and then give you a chance to clean up your act. But we don’t have to do that; we can just pull the plug or impose other restrictions. Hey, it’s our platform, and we need to make sure we can keep it a safe and fun place for everyone. When you register with us and each time you access the Orbu App, you may be providing certain information about yourself. You agree that we may use any information that we obtain about you in accordance with our Privacy Policy. If you choose to register with us, you agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete. If we try to contact you at any point and your contact information is no longer current, then we may suspend or terminate your account. You may discontinue your participation in and access to Orbu App at any time. We reserve the right to investigate your use of the Orbu App in the event we, in our sole and absolute discretion, believe you have violated these Terms. Upon termination, we have no obligation to retain, store, or provide you with any data, information or other content that you uploaded, stored, or transferred on or through the Orbu App. You should therefore retain copies of any content that you upload to the Orbu App. Stay In Control Please keep control of your login, password and other account information, and don’t give them to anyone else. If you let anyone else log in to the Orbu App as you, then as far as we are concerned it is you. If he/she does something wrong, it’s on you, and you’re responsible for his/her actions under your login/password and any harm that may result. If you think someone may have stolen your login or otherwise hacked your account, let us know right away by contacting us at security@honeycommb.com. Screen Names When you join, you’ll be able to pick a screen name that will identify you on the Orbu App. You’ll have a fair amount of freedom to pick a screen name you like, but there are some ground rules: Be nice. No obscenities, references to illegal behavior, or terms that others might reasonably find to be threatening or abusive. Don’t use anything you don’t have the right to, like brands or company names or other proprietary terms or trademarks. Don’t use anything that suggests you are someone you are not, like any well-known person. We have the right to review, edit, reject, or delete any screen name, but we don’t have to. We can’t watch everything, so the fact that a screen name gets displayed on the Orbu App doesn’t necessarily mean we approve of it. You grant us a royalty-free license to use your screen name, image, voice, and likeness to identify you as the source of any of your User Content. Our License to You the Orbu App is licensed, not sold, to you for use only under these Terms. We reserve all rights not expressly granted to you. Subject to your complete and ongoing compliance with these Terms, we hereby grant you a personal, limited, revocable, non-transferable license to access and use the Orbu App solely for your personal, non-commercial use. By “content,” we mean basically everything you can see or hear on the Orbu App: pictures, video, audio (including any musical works included therein), articles, features, graphics, messages, posts, comments, user names, tags, files, software, interactive features and so on. There are two types of content on the Orbu App: what we (or our advertisers and partners) put on there, and what users like you put on there. Our Content: Everything that we put on the Orbu App is owned by us or by one of our licensors or partners. It’s all protected by the copyright laws, trademark laws, and various other laws. Registering on and using the Orbu App does not give you ownership of any of that, in any way. We do, however, give you permission to use it on the Orbu App, but only while you are there and for the permitted activities you might do there, and only for your personal, non-commercial use. So once you are registered, feel free to talk about, comment on, and interact with everything and everyone on the Orbu App in any appropriate way, but realize that you don’t get any rights to copy or use any content outside the Orbu App (except through the Orbu App’s officially designated “Share” buttons), and certainly not (not even when using the “Share” button) for any commercial purpose or any way that violates our or our users’ rights. In particular, you agree you won’t copy, upload, republish, broadcast, transmit, retransmit, post, create derivative works of, publicly perform, publicly display, distribute or use for any commercial purpose our name, logos, service marks or trademarks (or any colorable imitation of any of these) without our prior express written permission or as expressly permitted by the features of the Orbu App. When we use the term “commercial,” it includes activities related to selling, renting, licensing, marketing, advertising, receiving compensation or seeking money for or exploiting any product, service or organization. We or our licensors or service providers own all design rights, databases and compilation and other intellectual property rights in and to the Orbu App, in each case whether registered or unregistered, and all related goodwill. Trademarks: Our trademarks, service marks, and logos used and displayed on the Orbu App are our registered and unregistered trademarks. Other product and service names located on the Orbu App may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with IC Trademarks, the “Trademarks”). Except as otherwise permitted by law, you may not use the Trademarks to disparage us or the applicable third-party, our or a third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from the Orbu App without our prior express written consent. You may not remove any Trademarks identifying the ownership or origin of any of our content. All goodwill generated from the use of any IC Trademark will inure solely to our benefit. There are no implied licenses in these Terms to use the Trademarks without authorization. User Content and What You and We Can Do With It User Content: All content that is posted to the Orbu App by a user – including you (“User Content”) – is the sole responsibility of the user who originated it and/or from whose account it was posted. The User Content you post on the Orbu App is essentially public, so make sure you’re comfortable with that before you post. Generally speaking we don’t own User Content, but for everything you might contribute to the Orbu App, you irrevocably give us (and our affiliates, representatives, sublicensees and assigns) the worldwide, unrestricted, assignable perpetual, unlimited, royalty-free, fully paid-up right and sublicensable license to use your User Content in any manner, including, by way of example and not limitation, to distribute, syndicate, license, reproduce, modify, adapt, publish, translate, publicly perform, publicly display, and create derivative works of such User Content, for any purpose and in any medium, whether now known or later developed, throughout the universe, including on a for profit basis. We don’t have to keep using or displaying your User Content on the Orbu App, but we can, forever. We can also do anything else with it – for example, we might develop new features on the Orbu App, or even develop commercial products for sale, that are based on ideas or suggestions contained in posts by you or other users, and we have no obligation to compensate you for such use or even notify you of such use. We might also highlight your User Content, change it, incorporate it into other content, use it in a contest or sweepstakes, display advertisements (including targeted ads) in connection with your User Content and to use your User Content for advertising and promotional purposes, and/or post or use it in any medium (inside and outside of the Orbu App), in consideration for us granting you access and use of the Orbu App but without any additional compensation to you. We own all right, title, and interest in any compilation, collective work or other derivative work created by us using or incorporating your User Content (but we do not own your original User Content). When you use a feature on the Orbu App that allows users to share, transform, readapt, modify, or combine User Content with other content, you grant us and our users an irrevocable, non-exclusive, royalty free, perpetual right and license throughout the universe (yeah, the International Space Station counts) to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your User Content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms. The rights granted under this Section 12 will survive the termination of these Terms. You represent and warrant that (a) you have the right to use, share and license to us all User Content that you post or provide on the Orbu App, including the right to license to us the right to use the content as contemplated in these Terms; (b) that such User Content does not and will not infringe, violate or misappropriate the rights of anyone or violate the law; (c) that the posting of your User Content on the Orbu App will not require us to obtain any further licenses from or pay any royalties, fees, compensation, or other amounts or provide any attribution to any third parties; and (d) the posting of your User Content on the Orbu App does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of your posting your User Content on the Orbu App. So don’t contribute any confidential, secret or proprietary content. You agree that you are solely responsible for all of your User Content, and we are not responsible for any loss, theft or damage to, or caused by, your User Content or any other User Content. We have no obligation to preserve, review, host, display or maintain any content posted by you or any other user. In fact, we can reject or remove it from the Orbu App at any time, for any or no reason, and without notifying the user who posted it. We reserve the right to monitor all content posted to the Orbu App, and to take down anything we think should come down, with or without notice, and without any liability to you, but we don’t have to monitor content or remove any User Content except as required by law. We aren’t responsible for anything another user may post to the Orbu App. If you see something posted that you find improper or offensive, feel free to let us know by clicking on the three dots in the bottom right-hand corner of the specific post and then clicking on “Report Post”, but your main remedy is to stop looking at it. All content and materials provided on the Orbu App are intended for general information, general discussion, education and entertainment purposes only. Do not construe that such content is either endorsed or verified by us. You rely upon any User Content at your sole risk so be careful. If we think anything illegal might be going on, we have the right to tell the authorities everything we know, including anything you’ve told us. The Privacy Policy available at orbu.honeycommb.com/privacy_policy gives more specifics. The Orbu App Rules and Content Boundaries The Orbu App offers lots things to do and lots of ways for you to interact with others. Those activities and tools are offered for your personal information and entertainment. We want to keep this site fun and informative for all participants. Please use them only for that purpose. DO NOT: Post or transmit anything that is inappropriate for a family site (“Objectionable Content”) – this includes: • Obscenities, • References to illegal behavior, • Sexually explicit, vulgar, violent or pornographic content • Anything others might reasonably find to be threatening, abusive, derogatory, hateful, embarrassing, bullying, discriminatory or inflammatory • Anything that is disrespectful, defamatory, or denigrating • Post or transmit anything you don’t have the right to use – this includes: other people’s private and confidential information, such as credit card numbers, street address, telephone number, email address, or Social Security/National Identity numbers, without their express authorization and permission • Intimate photos or videos, particularly if taken or distributed without the subject’s consent • Content that infringes on, invades the privacy of, or violates the rights of another • anything that is false or misleading • Post or transmit ads or commercial messages (including promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other solicitation), or use the Orbu App to send emails or other communications to persons who have requested that you not send them communications Make unauthorized copies or derivative works of any content made available on or through the Orbu App • Impersonate anyone (real or fictitious), including in a manner that does or is intended to mislead, confuse or deceive others, misrepresent your affiliation with any person or business or provide any false information to us • Create a new account with Orbu App, without our express written consent, if we have previously disabled an Account of yours • Solicit, or attempt to solicit, personal information from other users of Orbu App • Download or summarize or abstract the Orbu App or any of its content for use anywhere else, except through the Orbu App’s officially designated “Share” buttons (subject to the restrictions discussed elsewhere in these Terms) • Try to hack the Orbu App, or access anything you are not supposed to, like other user data, for example (including data-mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute any data from the Orbu App, our network or databases) • Post or transmit spam or anything that might overburden, restrict, disrupt, circumvent the security measures of or harm the Orbu App – files too large for the infrastructure to handle, viruses, Trojans, bots, adware, malware, spyware, computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any software or hardware or telecommunications equipment, and so on • Use the Orbu App for any unlawful purpose or in furtherance of illegal activities • Engage in targeted abuse, stalking or harassment • Violate any local, state, national, or international law or regulation, or disobey any requirements, procedures, policies, or regulations of networks connected to the Orbu App or • Assist or cause others to do or say anything that you are prohibited from doing or saying under these rules. You agree not to use the Orbu App to do any of the conduct listed in the above bullets. If you do any of these things, or if you do anything else that we think interferes with the ability of other people to enjoy the Orbu App, we have the right to bar you from the Orbu App and take any other action we believe is appropriate. International users must comply with all local laws regarding online conduct and acceptable content. Users may use the "Report Post" feature to flag any post be reviewed and dealt with by an administrator. If it turns out any User Content, conduct or use is illegal, malicious or otherwise violates these Terms, we are not responsible — the user that posted such User Content is responsible. External Sites The Orbu App may contain links and pointers to other internet sites and resources, like people who sell tickets or merchandise or offer contests, games or sweepstakes, or just other informational sites (collectively, “External Sites”). These are provided for your convenience, and we don’t necessarily endorse them or guarantee their availability, accuracy, legality, performance or safety. If you choose to follow any links to External Sites, then you proceed at your own risk. Such External Sites are not endorsed, sponsored, administered or operated by us, and you agree that we will not be liable for, and you (or anyone on your behalf) will not assert any claims, demands, causes of action, losses, liabilities, damages or judgments against us arising out of or in connection with the External Sites, including any promotion, advertisement, operation, entries or prizes in connection therewith. You’ll have the ability to share links to Orbu App content. Links should never be re-labeled or edited, for example, so as to suggest any sponsorship or affiliation between you and us, nor should any accompanying material make any such suggestion. We have the right at any time and for any reason to require that any link to the Orbu App be modified or removed. Feedback While we are continually working to develop and evaluate our own product ideas and features, we know we don’t have all the answers. We therefore welcome your feedback, comments and suggestions. If you choose to contribute by sending us, our employees or our partners any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that: We have no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and You irrevocably grant us perpetual and unlimited permission to use the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified. Votes; Contests; Sweepstakes You may have opportunities to vote or enter contests and sweepstakes on the Orbu App. You may also have opportunities to enter giveaways on the Orbu App. By participating in any of these, you agree to the terms set forth at orbu.honeycommb.com/terms_of_service, as well as any other terms and conditions we may post with respect to such contest or sweepstakes. In addition, we may conduct programs that do not require sign-up or registration, in which we provide you with a gift or giveaway, for example, as a “thank you” for a post, and/or feature or highlight your post or User Content. You agree that we may conduct these programs and use your User Content and/or posts for them as provided for in these Terms. Limitation of Warranties and Remedies THE FOLLOWING TERMS IN THIS SECTION 17 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW: We want the Orbu App to be an entertaining and valuable place, but we provide it “as is.” That means that we make no promises that the Orbu App is accurate, complete, reliable, current, secure or error-free; that it will operate or be accessible without interruption; or that the Orbu App will be free from viruses or other harmful components. We also do not verify, endorse or undertake to exert editorial control over anything posted by other users. It is your responsibility, and not ours, to review the information on the Orbu App, determine its completeness, effectiveness, accuracy and suitability for your use and pay for any damage resulting from such use. You use the Orbu App at your own risk. YOU ACKNOWLEDGE AND AGREE THAT: (A) YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE Orbu App IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE Orbu App; (B) THE Orbu App AND OUR CONTENT IS PROVIDED "AS IS," YOUR USE AND/OR RELIANCE ON THE Orbu App AND/OR ANY OF ITS CONTENT AND/OR DATA ARE SOLELY AT YOUR OWN RISK AND YOU WILL SOLELY BE RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM; AND (C) WE AND OUR RESPECTIVE AFFILIATES, MEMBERS, TRUSTEES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, AND TOGETHER WITH US, THE “Orbu App PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, TO THE FULLEST EXTENT UNDER THE LAW, (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE Orbu App). THE Orbu App PARTIES DO NOT WARRANT THAT THE Orbu App WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT DEFECTS IN THE Orbu App OR CONTENT, INCLUDING USER CONTENT, WILL BE CORRECT OR CORRECTED, OR THAT THE DATA, INFORMATION AND/OR CONTENT (INCLUDING THE ACCURACY OR RELIABILITY THEREOF) OBTAINED ON OR THROUGH THE Orbu App IS APPROPRIATE FOR ANY PURPOSE. NO STATEMENTS MADE BY ANY OF THE Orbu App PARTIES TO YOU, OR OTHERWISE OBTAINED THROUGH THE Orbu App WILL CHANGE THIS DISCLAIMER OR CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IN NO EVENT WILL ANY OF THE Orbu App PARTIES BE LIABLE (UNDER ANY THEORY OF LIABILITY) FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL (INCLUDING DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, AND EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO USE OF, ACCESS TO, RELIANCE UPON, CONTENT OF, SECURITY OF, OR INABILITY TO USE THE Orbu App OR ANY PART OF IT. WITHOUT LIMITING ANY OF THE FOREGOING, YOU AGREE THAT NONE OF THE Orbu App PARTIES SHALL BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY (1) SHOULD WE MODIFY OR DISCONTINUE THE Orbu App; (2) FOR REMOVING YOUR USER CONTENT OR ANY OTHER CONTENT (AT ANY TIME) OR SUSPENDING, LIMITING, REFUSING OR TERMINATING YOUR ACCESS TO THE Orbu App (OR ANY CONTENT OR OTHER PORTION THEREOF); (3) FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD; AND (4) FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY OTHER WEB SITE OR INTERNET RESOURCE, INCLUDING THROUGH LINKS FOUND ON THE Orbu App. IN ANY CASE, OUR MAXIMUM LIABILITY FOR ANY CLAIM YOU MAY HAVE AGAINST ANY OF THE Orbu App PARTIES ARISING OUT OF OR IN CONNECTION WITH THE Orbu App OR USE THEREOF IS U.S. $100 OR THE MINIMUM PERMITTED BY LAW. Indemnification by You To the fullest extent permitted by law, you agree to indemnify, defend and hold the Orbu App Parties harmless from and against all claims, actions, liabilities, damages and expenses (including court costs, legal fees, and amounts paid in settlement) arising out of or relating to: (a) your use of the Orbu App (including any third party claim that any of the User Content posted by you or your account infringes any third party proprietary right); and/or (b) any actual or alleged violation of these Terms by you. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you (in which case, you agree to cooperate with our defense). You are solely responsible and liable for: (i) any breach of your representations, warranties, covenants or obligations under these Terms and for the consequences of such breach, including any resulting loss or damage incurred by us or third parties; (ii) all activities that occur under your registration or account to the Orbu App; and (iii) any actions and omissions by any of your personnel and/or other persons and entities under your control or supervision. Dispute Resolution, Arbitration and No Class Actions No Class Actions and Severability: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. You and we agree as follows: (a) neither you nor we will seek to have a dispute between us (“Dispute”) heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity; (b) no arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding; and (c) if the class action waiver or any part of this Section 19 is found to be illegal or unenforceable as to all or some parts of a Dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. Governing Law: These Terms are governed by the laws of the State of New York without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and we agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the Southern District of New York for the purpose of litigating any Dispute. Agreement to Arbitrate: You and we agree to arbitrate all Disputes (except those exceptions specifically set out in the next subsection) between you and us or our affiliates, except Disputes related to our intellectual property rights. You and we empower the arbitrator with the exclusive authority to resolve any Dispute, including, without limitation, whether any part of these Terms are void or voidable. Disputes Excluded from Arbitration: You and we agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit your or our right to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim or to compel or uphold any arbitration decision hereunder. In such cases, neither you nor we shall need to follow the informal negotiations procedure and timeline set out in the next subsection. Informal Negotiations: To help get you and us to a resolution and to control costs for you and us regarding any Dispute, you and we agree to first attempt to informally discuss and try to negotiate a resolution to any Dispute (except the Disputes specifically set out below) for at least 60 days from when notice of the Dispute is sent. Those informal negotiations will commence upon written notice from you to us or us to you. We will send our notice to your registered email address and any billing address that you provided to us. You will send your notice to 405 Lexington Avenue, 32nd Floor, New York, NY 10174, Attn: Scott Booth. After 60 days, you or we may commence arbitration. If the Dispute cannot be resolved within that time period, and if either you or we desire to continue the Dispute, the party desiring to continue the Dispute shall commence arbitration. Commencing Arbitration: If you and we do not resolve a Dispute by informal negotiation, the Dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU AGREE THAT YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY AND GIVING UP YOUR RIGHT TO A CLASS ACTION. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”). You can find more information at www.adr.org or by calling 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim. Fees and Location: If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York County, New York, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve Disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. Confidentiality of Settlement Offers: During the arbitration, the amount of any settlement offer made by you or us may not be disclosed to the arbitrator until after the arbitrator makes a final decision and award (if any). Minimum Award: If you win in the arbitration, and are awarded an amount that exceeds the last written settlement amount offered by us, we will pay you the highest of the following: (a) the amount awarded by the arbitrator; or (b) $10,000. Choice of Forum for Disputes That Are Not Subject to Arbitration: You and we agree that any action at law or in equity arising out of or relating to these Terms that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the Southern District of New York, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action. Notice and Procedure for Making Claims of Infringement We respect the intellectual property rights of others. Accordingly, we have a policy of removing user content that violates copyright law, suspending access to the Orbu App (or any portion thereof) by any user who uses the Orbu App in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Orbu App in violation of copyright law. These policies may apply to other forms of infringement. If you believe a user of the Orbu App is infringing your copyright, trademark or other intellectual property right, please provide written notice to our agent. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2), we have designated Honeycommb to the U.S. Copyright Office as the agent to receive notifications of claimed infringement relating to this Orbu App (the “Designated Agent”). All such notifications relating to this Orbu App must be a written communication and must include the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and/or electronic mail address. 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. 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. You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement. Claims of infringement which include the above required information must be submitted to the Designated Agent as follows: Places App, Inc DBA Honeycommb Email: copyright@honeycommb.com U.S. Mail: 405 Lexington Avenue, 32nd Floor, New York, NY 10174 Upon receiving a proper notification of copyright infringement as described above, we or Honeycommb will remove or disable access to the allegedly-infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the counter-notification procedure, as described in, and required by, the Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512. If we receive a valid counter-notification, we will restore the removed or disabled material after ten (10), but no later than fourteen (14), business days from the date on which we receive the counter-notification, unless our Copyright Agent first receives notice from you, as the party filing the original notification of copyright infringement, informing us that you have filed a court action to restrain infringement of the material in question. Repeat Infringer Policy: Our intellectual property policy is to (a) remove or disable access to material that we believe in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Orbu App; and (b) remove any User Content uploaded to the Orbu App by “repeat infringers.” We consider a “repeat infringer” to be any user that has uploaded User Content or Feedback to or through the Orbu App and for whom we have received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content or Feedback. We have discretion, however, to terminate the Account of any user after receipt of a single notification of claimed infringement or upon our own determination. Notifications You agree to transact with us electronically. Your affirmative act of registering, using or logging into the Orbu App constitutes your acceptance signature to these Terms. AT OUR DISCRETION, WE MAY PROVIDE NOTICES TO YOU ELECTRONICALLY (A) VIA E-MAIL IF YOU HAVE PROVIDED US WITH A VALID EMAIL ADDRESS OR (B) BY POSTING THE NOTICE ON A WEBSITE DESIGNATED BY US FOR THIS PURPOSE. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read the Notice or actually receive delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Orbu App. Additional Applications We may offer additional software applications to help you gain access to the Orbu App. In such circumstances, we will grant you a personal, non-exclusive, non-transferable, limited license to install such software applications solely on the devices you will use to access the Orbu App. You agree that we may provide you from time to time with automatic upgrades of these applications, which you will accept for installation. Please note that certain retail application stores that offer our applications may have separate sales terms that will be binding on you if you elect to download our applications from such merchants. Our software is offered solely to individuals for personal, non-commercial use. Users acquire the software with only those rights set forth herein. Your use of the software must comply with all applicable laws and regulations of the United States and any other applicable jurisdictions. You may not copy, make derivate works, resell, distribute, or make any commercial use of (other than to keep and share information for your own non-commercial purposes) any content, materials, or databases from our network or systems. You may not sell, sublicense or redistribute our software applications or incorporate them (or any portion of them) into another product. You may not reverse engineer, decompile or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law) or the communications protocol for accessing the Orbu App or out networks. You may not modify, adapt or create derivative works from the software or remove proprietary notices in the software. Term and Termination As between you and us, the term of these Terms commences as of your first access or use of the Orbu App and continues until the termination of the Terms by either you or us. Any rights and obligations created by these Terms and which by necessary implication continue after expiration or termination, including any provisions relating to ownership and/or your licensing to us of intellectual or other property, representations, warranties, limitations of liability, disclaimers, indemnification, dispute resolution, governing law, venue, jurisdiction, or any prohibitions or restrictions respecting any access to, use of, or other activities concerning the services or content, will survive any termination or cancellation of these Terms, the Orbu App or your registration. If any portion of any term in these Terms is declared unlawful, void or for any reason unenforceable by any court or arbitration panel, then all other terms will remain in effect and you agree that the court or arbitrator should endeavor to give effect to the intentions of us and you as reflected in these Terms; but, if such endeavor is impossible, then such portion will be deemed severable from the remaining term(s) and will not affect the validity and enforceability of such remaining terms. Miscellaneous The section headings in these Terms are for convenience only and must not be given any legal import. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms, and our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of Orbu App. A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted in these Terms are reserved to us. You agree that we may assign or sublicense any of our rights, and/or transfer, subcontract or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign them to any third party. For purposes of these Terms: (a) if you are accessing the Orbu App as an employee or representative of a company or organization, these Terms are binding upon both you individually and that company or organization, and references to “you” shall apply to you individually and such company or organization; (b) any form of the word “include” shall be considered to be followed by the words “without limitation”; and (c) whenever you are restricted from taking any action hereunder, you are also restricted from directly or indirectly authorizing, permitting or cooperating with a third party or affiliate to take such action. These Terms constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the Orbu App, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. You also agree to abide by the terms of any agreement to which you agree when downloading any software that we make available through the Orbu App and/or when using particular elements of the Orbu App (e.g., terms specific to a provider or relating to payment). NOTICE REGARDING APPLE. You acknowledge that these Terms are between you and us only, not with Apple, and Apple is not responsible for the Orbu App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Orbu App. In the event of any failure of the Orbu App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Orbu App. Apple is not responsible for addressing any claims by you or any third party relating to the Orbu App or your possession and/or use of the Orbu App, including, but not limited to: (a) product liability claims; (b) any claim that the Orbu App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim that the Orbu App or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Orbu App. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If we provide a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail.