TERMS AND CONDITIONS
LICENSE TO USE THE SERVICE
Subject to these Terms, we grant to you a limited, non-exclusive and non-transferable license to use our Services for your own use and not for resale or further distribution. Your right to use Oribi is limited by all terms and conditions set forth in these Terms.
Except for your pre-existing rights and this license granted to you, Oribi and its licensors retain all right, title and interest in and to our Services. Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not authorize any third party to modify, reproduce, translate, decompile, disassemble, reverse engineer or create derivative works of Oribi. You are not authorized to rent, lease or sublicense access to any of our Services; or circumvent or disable any security or technological features or measures of our Services.
ACCESS TO THE SERVICES
Oribi does not provide the equipment to access our Services. You are hold responsible for all fees charged by third parties related to your access and use of our Services (e.g., charges by Internet service providers).
Oribi reserve the right to modify or discontinue, temporarily or permanently, all or any portion of our services without notice. Oribi will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our Services.
Oribi also reserve the right, in our sole discretion, to reject, refuse service, or delete any user data, and to restrict, suspend, or terminate your access to our services at any time, for any reason, without prior notice, and without liability.
You shall comply with all applicable laws when using Oribi. Except as may be expressly permitted by applicable law, or as Oribi may authorize expressly in writing, You shall not, and shall not permit anyone else to store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on Oribi, or compile or collect any such content as part of a database or other work. You shall not use any automated tool (e.g., robots, spiders) to access or use the Oribi. You shall not rent, lease, or sublicense Customer’s access to Oribi to another person; or use Oribi for any purpose except for you own internal use, circumvent or disable any digital rights management, usage rules, or other security features of Oribi. You shall not use Oribi in a manner that overburdens, or that threatens the integrity, performance, or availability of Oribi or remove, change, or obscure any proprietary notices (including copyright and trademark notices) on any portion of the our services
Oribi is designed to enable you to learn more about your visitors (your “Users”) use your website or product by giving you the ability to collect information based on their interaction. Oribi does this in part using a first party cookie placed on your User’s device from your server. Some information is automatically collected from or about your Users when you use our Services. If you integrate the official Oribi tracking code in your product or website it may by default collect User data including but not limited to: the time of an event, the elements a User has interacted with, metadata and other details about these elements, how a User came to your site.
We collect, store, and use your User data on our servers to provide you with the ability to better maintain and improve your Services. We may also use data in an aggregated form for our own purposes.
Our Services transfer data to servers that store User data in the U.S. and outside the U.S. We only share User information with others under special circumstances as follows
- To comply with laws or to respond to lawful requests and legal process (provided that Oribi will endeavor to notify you if Oribi has received a lawful request for your information);
- In an emergency, including to protect the personal safety of any person; And for the purposes of a business deal (or negotiation of a business deal) involving sale or transfer of all or a part of our business or assets (business deals may include, for example, any merger, financing, acquisition, divestiture, or bankruptcy transaction or proceeding).
We provide you with access to your User data and ability to delete any of your User data. We also take commercially reasonable steps to safeguard User data.
Oribi may also collect registration and other information about you as our customer.
RESTRICTED AREAS OF THE SERVICES
Certain parts of Oribi, may be password-restricted to registered users or other authorized persons ("Password-Protected Areas"). If you are authorized to gain access to any Password-Protected Area, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You also agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities. You also agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password that is known to you.
Oribi reserves the right, at its sole discretion, to modify or replace any part of this Agreement. You will hold responsible to check this Agreement periodically for changes. Your continued use of or access to Oribi following the posting of any changes to this Agreement constitutes acceptance of those changes.
Oribi may also offer new services in the future and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
When you visit Oribi’s website or send e-mails to us, you are communicating with Oribi electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You are solely responsible for any content and other material that you submit, publish, transmit, or display on, through, or with Oribi.
TRADEMARKS AND PUBLICITY
The Oribi logo, and any other product or service name or slogan displayed on the Application Services are trademarks of Oribi and may not be copied, imitated or used, in whole or in part, without the prior written permission of Oribi. You shall not use any metatags or any other “hidden text” utilizing Oribi or any other name, trademark or product or service name of Oribi without prior written permission. In addition, the look and feel of Oribi, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Oribi and may not be copied, imitated or used, in whole or in part, without prior written permission.
You agree to allow Oribi, and hereby does provide Oribi with the necessary rights and licenses, to use Your name and logo on the Oribi website, blog and/or in marketing materials, including case studies and as press references, to identify you as a customer of Oribi. You agree to act as a customer reference for Oribi and you agrees to respond reasonably to all such reference contacts.
Oribi may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about Oribi ("Feedback"). You agree that we may, in our sole discretion, use your Feedback to us in any way, including in future enhancements and modifications to our Services. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner any for any purpose, without in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.
WARRANTIES; DISCLAIMER OF WARRANTIES
Oribi warrants you that the Application Services will perform materially in accordance with the documentation that accompany or is available for the Application Services. Oribi’s sole liability and Customer’s exclusive right and remedy for a breach of the foregoing warranty is for Oribi to correct or reperform the nonconforming Application Services.
You warrant that you own or obtained all necessary rights, title and interest, and obtained all necessary consents, to transfer the Customer Data to Oribi and its data center provider(s) for the purpose of processing such Customer Data in accordance with this Agreement.
EXCEPT AS SPECIFICALLY PROVIDED HEREIN, USE OF SERVICES PROVIDED BY ORIBI INCLUDING BUT NOT LIMITED TO THE APPLICATION SERVICES, ANY PROFESSIONAL SERVICES AND CUSTOMER SUPPORT SERVICES IS AT CUSTOMER’S SOLE RISK. THE APPLICATION SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ORIBI AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED INDEMNITIES AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ORIBI DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ITS SERVICES, AND CUSTOMER RELIES ON SUCH SERVICES AT CUSTOMER’S OWN RISK. NEITHER DOES ORIBI GUARANTEE THE ACCURACY, USABILITY, COMPLETENESS, OR USEFULNESS OF ANY CUSTOM REPORT, AND CUSTOMER USES CUSTOM REPORTING FEATURES AT CUSTOMER’S OWN RISK. ANY MATERIAL THAT CUSTOMER ACCESSES OR OBTAINS THROUGH ORIBI’S SERVICES, INCLUDING CUSTOMER CONTENT, IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE APPLICATION SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM ORIBI OR THROUGH OR FROM THE APPLICATION SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY
ORIBI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICES AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES AND SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICES AND SERVICE CONTENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You will defend, indemnify and hold harmless Oribi from any costs, damages, expenses, and liability caused by your use of the Application Services, Customer’s violation of this Agreement, Customer Content, or Customer’s violation of any rights of a third party through use of the Application Services.
If you have any questions or concerns about Oribi’s services or these Terms, you may contact us by email at firstname.lastname@example.org.