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HerOrbit HerOrbit.com Terms of Service Agreement HerOrbit

HerOrbit.com is a women-centered social networking site connecting members to family, friends, businesses and other people with similar interests worldwide. HerOrbit is owned and operated by HerOrbit, Inc. (“HerOrbit”). By accessing and continuing to use HerOrbit (“website”) or any service/function on this website, you acknowledge your acceptance of these terms and conditions of service.

Eligibility and Registration
You must be 18 years of age or older to use HerOrbit and its supplied Services. By registering for the HerOrbit Service, you represent and warrant that you are 18 years old or older and that you have the capacity to understand, agree to and comply with these Terms of Service. You should provide true, accurate and complete registration information to be a HerOrbit.com member ('member”). As part of the registration process, you will be asked to create a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.

HerOrbit Use
HerOrbit reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site, including, but not limited to, content, features or hours of availability. As a result, please continue to review these terms and conditions of service whenever accessing or using this site. Your use of the site or any service on this site, after the posting of modifications to these terms and conditions of service will constitute your acceptance of these terms and conditions of service, as modified. It is your responsibility to continually review this agreement to ensure you are updated regarding any and all changes. The HerOrbit web site may contain links to external Third-Party websites that HerOrbit has absolutely no ownership, authority or control over, therefore HerOrbit shall take no responsibility or be held liable or responsible for any and all content, information of these Third-Party linked web-sites. It is the sole responsibility of the HerOrbit site user to be aware of the terms, conditions and privacy policies that may exist for other websites that you may link or go to. These Terms apply to all users of the HerOrbit website; i.e. users just viewing portions of the site without being a valid registered member and/or valid registered members of HerOrbit. It is the Member’s/User’s sole responsibility when posting information onto HerOrbit.com. Member/User responsibility extends to and is not limited by information that you provide to other Members/Users as well. Your HerOrbit.com profile cannot include the following: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other HerOrbit.com Members/Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and HerOrbit.com assumes no responsibility or liability for this material. If you become aware of misuse of the HerOrbit Services by any person, please contact HerOrbit or click on the "Report" link located on all pages that permit uploaded/shared information of any HerOrbit.com pages.

HerOrbit.com reserves the right, with sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the HerOrbit Services at any time, for any or no reason, with or without prior notice, and without liability.

  1. HerOrbit grants you permission to use the Website as explained/outlined in the Terms of Service, provided that: (a) your use of the Website is available solely for your personal, noncommercial use; (b) no part of the HerOrbit website can be copied or distributed in any other medium without HerOrbit’s prior written authorization; (c) you will not alter or modify any part of the Website other than what is permissible and made available to use the Website for its intended purpose; and (d) you will otherwise comply and adhere to all the terms and conditions of these Terms of Service.
  2. Some functions of the website require the user to create an account. You cannot use another member’s account without their express permission to do so. The account you create must contain complete and accurate information. You have full responsibility for any and all transactions of information and or activity on your specific account. The password that you create is also your responsibility, do not share this password with anyone, if you suspect any unauthorized use of your account it is your responsibility to inform HerOrbit of such activity. Any an all losses caused to you by this unauthorized/unlawful use of your account is entirely you responsibility; HerOrbit accepts no responsibility for damages or losses to you from this unauthorized act. Please be aware that you or others may be liable for damages to HerOrbit from such unauthorized use.
  3. You agree as the user to not use or any automated system, including but not limited to any electronic devised/software that provide accesses to the Website in a manner that will artificially populate the HerOrbit servers in a given (non-human) period of time. HerOrbit allows the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. HerOrbit reserves the right to revoke these rulings either in general or in specific cases. You agree not to collect any personally identifiable information, including account names, from the Website, to use in communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. Unless authorized solicitation is coming directly from HerOrbit.

Property Rights
HerOrbit does not own the rights to any material that is user submitted/posted on or through the HerOrbit website. HerOrbit does claim limited license which is

(i) non-exclusive, (ii) royalty-free and (iii) Sub licensable. Meaning you are free to license your materials/submissions to anyone else in addition to HerOrbit (i) also, HerOrbit is not required to pay you for the use or continued use of such submitted material on the HerOrbit service (ii). HerOrbit is also able to use its affiliates and subcontractors like Internet delivery networks to provide the HerOrbit Service (iii). HerOrbit also claims these rights worldwide, because the Internet and the HerOrbit service are global in reach. HerOrbit reserves these rights in order to perform the necessary functions of use such as but not limited to using, modifying, publicly perform/display, reproduce and distribute user submitted material only on or through the HerOrbit service. This license will terminate at the time you remove your content from the HerOrbit services. The license does not grant HerOrbit.com the right to sell your content, nor does the license grant HerOrbit.com the right to distribute your Content outside of the HerOrbit Services.
You represent that: (i) You own the information posted by you on or through HerOrbit service or otherwise have the right to grant the license presented in this section, and (ii) the posting of your Materials on or through HerOrbit service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any materials posted by you to or through the HerOrbit Service.
HerOrbit, Inc. and its affiliates and licensors own and retain all rights in the HerOrbit.com Web site and the HerOrbit service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all text, software, photographs, graphics, page layout, and design presented through and or as part of the HerOrbit service by HerOrbit.com. Except as expressly given permission by HerOrbit.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of HerOrbit.com's proprietary information. HerOrbit and HerOrbit.com are trademarks of HerOrbit, Inc.

Content
HerOrbit.com reserves the right to remove any content/information that in the judgment of HerOrbit.com violates this Agreement or is found to be offensive, illegal or violate the rights, harm, or threaten the safety of any person. HerOrbit.com assumes no responsibility for monitoring the HerOrbit services for inappropriate content or conduct. If at any time HerOrbit.com decides to monitor the HerOrbit services, HerOrbit.com retains no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on or through any of the HerOrbit services, and any material or information that you transmit/transfer to other members and for your interactions with other Users. HerOrbit.com does not endorse and has no control over the Content. Content is not necessarily reviewed by HerOrbit.com prior to posting and does not necessarily reflect the opinions or policies of HerOrbit.com. HerOrbit.com makes no warranties as to the content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members. It is the responsibility of HerOrbit members to report any and all activity that is deemed inappropriate, unauthorized or otherwise improper and unwanted within but not limited to the HerOrbit site or the HerOrbit online community.

User Submitted Material
The HerOrbit Website permits member submissions of videos, pictures and/or other communications and the hosting, sharing, and/or publishing of such user submissions. As the user/member you understand and recognize that regardless if such User Submissions are published, HerOrbit does not guarantee any confidentiality with respect to any submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In regards to user submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize HerOrbit to use all patent, trademark, trade secret, copyright or other proprietary rights pertaining to any and all User Submissions to enable inclusion and use of the user submissions in the manner discussed and presented by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner discussed and presented by the Website (“HerOrbit”) and these Terms of Service. As detailed above, you retain all of your ownership rights in your User Submissions. However, by submitting material such as but not limited to video and/or pictures to HerOrbit, you give permission to HerOrbit as a worldwide, non-exclusive, royalty-free, sub-licensable entity (“HerOrbit Inc.”) You give permission to each and every user of the HerOrbit Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submitted content as permitted through the functionality and use of the Website and under these Terms of Service. The license granted by you terminates once you remove or delete a User submitted content from the HerOrbit website as do your own licenses granted to you through the HerOrbit membership agreement terminate once you remove your content from the HerOrbit website.

In regards to User Submitted content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you own the rights of or have permission from their rightful owner to post the material and to give HerOrbit all of the license rights necessary and detailed herein; (ii) publish falsehoods or misrepresentations that could be damage HerOrbit or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages behavior that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. HerOrbit does not endorse any User Submitted content or any opinion, recommendation, or advice expressed therein, and HerOrbit disclaims any and all liability in connection with User Submitted content. HerOrbit does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and HerOrbit will remove all content and User Submitted content if properly notified that such Content/material or User Submitted content infringes on another's intellectual property rights. HerOrbit reserves the right to decide whether material or user submitted content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. HerOrbit reserves the right to remove such User Submitted material and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

Disclaimer
HERORBIT.COM CANNOT BE HELD LIABLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE HERORBIT WEBSITE OR IN CONNECTION WITH HERORBIT SERVICES, WHETHER GENERATED BY USERS OF THE HERORBIT SERVICES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE HERORBIT SERVICES. YOU AGREE AS THE USER OF THE HERORBIT WEBSITE THAT YOUR USE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HERORBIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PROFILES CREATED AND POSTED BY MEMBERS ON THE HERORBIT WEBSITE MAY CONTAIN LINKS OR HYPERLINKS TO OTHER WEBSITES. HERORBIT.COM CLAIMS NO RESPONSIBILITY FOR THE CONTENT, ACCURACY, TRUTH OR OPINIONS EXPRESSED ON THESE WEBSITES. FURTHERMORE, THESE OTHER WEBSITES ARE IN NO WAY INVESTIGATED, MONITIRED OR CHECKED FOR ACCURACY, COMPLETENESS OR LEGITIMACY BY HERORBIT.COM. A MEMBER INCLUDED WEBSITE OR WEBSITE LINK/HYPERLINK ON THE HERORBIT SERVICE DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF ANY KIND FOR THE LINKED WEBSITE BY HERORBIT.COM. THESE THIRD-PARTY SITES ARE ACCESSED BY THE USER/MEMBER AT THEIR OWN RISK. HERORBIT.COM WILL TAKE NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISING AND/OR INFORMATION POSTED ON THE HERORBIT WEBSITE OR THROUGH THE HERORBIT SERVICES, HERORBIT TAKES NO RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS OR ADVERTISERS/ADVERTISING DERIVED VIA LINKED/HYPERLINKED THIRD-PARTY SITES. HERORBIT WILL NOT BE HELP RESPONSIBLE FOR CONDUCT, WHETHER ONLINE OR OFFLINE OF ANY USER/MEMBER OF THE HERORBIT SERVICE.

Liability
UNDER NO CIRCUMSTANCE SHALL HERORBIT.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF HERORBIT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HERORBIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, WILL NOT BE HELD LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY INTERRUPTION OF TRANSMISSION TO OR FROM OUR WEBSITE, (III) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE HERORBIT WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. (IV) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (V) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.

Indemnification
You agree, at your own expense, to indemnify, defend and hold harmless HerOrbit, its owners, parent corporation, officers, directors, employees and agents against any claim, suit, action or other proceeding brought against HerOrbit by a third party, to the extent that such claim, suit, action or other proceeding brought against HerOrbit, based on or arises in connection with the Service or any links on the Service, including, but not limited to: (i) your use or someone using your computer's use of the Service; (ii) your use or someone using your account, where applicable; (iii) a violation of the Terms Of Service by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any Intellectual Property Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein: or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

General
Governing Law. These Terms and performance by the parties hereunder shall be construed in accordance with the laws of the State of California, U.S.A., without regard to provisions on the conflicts of laws. Users/Members of HerOrbit consent to the exclusive jurisdiction of, and venue in, the state and federal courts of Orange County, California, U.S.A. Users/Members shall not assign its order or any interest therein or any rights there under without the prior written consent of HerOrbit. These Terms constitute the entire agreement between HerOrbit and Users/Members and supersede all previous communications, representations and agreements (except for the Agreement), whether oral or written, between the Users/Members and HerOrbit with respect to the subject matter hereof. These Terms may not be modified, supplemented, qualified, or interpreted except in writing signed by Users/Members and HerOrbit. The failure by HerOrbit to enforce at any time any of the provisions in these Terms will in no way be construed as a waiver of such provisions.

Miscellaneous
HerOrbit may amend this Agreement at any time by posting the amended terms on the Site. The amended terms shall automatically be effective 15 days after posting, unless an earlier effective date is posted. Use of the Site after the effective date of any amendment shall constitute acceptance of the amendment.

Severability
If any provision of the Terms of Service is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms Of Service will remain in force.

Entire Agreement
The Terms Of Service and any other terms and conditions of service on www.HerOrbit.com, and its successor, constitute the entire agreement between you and HerOrbit and govern your use of the Service.
 
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