Orbit

Terms of Use Agreement

Welcome to ORBIT, an on-line tool which helps you to create invitations for your friends and colleagues. This website is an on-line service provided by SymphonyWorks/MoonRoad LLC (ORBIT) and on the World Wide Web of the Internet, with an address of www.artsdev.org. This website consists of invitation services related to specific arts groups events (the Services). This agreement sets out the legally binding terms of your use of the website and may be modified by us at any time and without prior notice, such modifications to be effective upon posting by us on this Website. By using this website (the Website) you agree to be bound by these Terms of Use (this Agreement).

This Agreement includes ORBITs Privacy Policy [link to privacy policy], and acceptable use policy.

1. Personal Use
This site is for private personal use by consumers only. Any other use or attempt to use this website, or any of the Services provided through this website for commercial purposes, promotion of products and services, directly or indirectly, by you or by a third party is strictly prohibited.

2. Changes in Terms and Conditions
We have the right to change or discontinue any aspect or feature of this website. This includes but is not limited to, any service provided by us, content displayed on this website, hours of availability, and equipment needed for access to or use of this website, at any time. We have the right to change or modify the terms and conditions applicable to your use of this website, or any service provided through this website. Accordingly, please review this Agreement periodically to familiarize yourself with the most current version. Unless expressly stated otherwise, any new features that augment or enhance the current services provided though this website also will be subject to the provisions of this Agreement.

3. Permitted Use of This Website
This website is the private property of MoonRoad LLC and Large Animal Games, LLC and your access to this website is only with our permission. If you are a consumer seeking to invite others to arts events listed on this site then you are authorized to enter and use this website, subject to the other terms of this Agreement. You must use the Service in a manner consistent with any and all applicable laws and regulations. Any unauthorized access or use will be deemed, among other things, a trespass, and we reserve the right to pursue our legal rights for any unauthorized access or use of this website, including seeking civil remedies and equitable relief to the fullest extent possible, and referral of matters to appropriate law enforcement agencies.

4. Prohibited Uses
You must not use any feature of the ORBIT service for chain letters, junk mail, or spamming. An email advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you (SPAM) is strictly prohibited by ORBIT. If you use any feature of the ORBIT service for the purpose of Spamming, ORBIT has the right to immediately terminate your service and access to ORBIT and to seek any appropriate legal recourse as necessary.

In using the ORBIT service you agree not to:
Use the ORBIT service for illegal purposes, harass or advocate harassment of another person, transmission of junk email, promoting illegal or unauthorized copy of another persons copyrighted work, display pornographic or sexually explicit material of any kind, provide material that exploits people under the age of 18 in a sexual or violent manner, provide instructional information about illegal activities such as making or buying illegal weapons, violating someones privacy, or providing or creating computer viruses; soliticing passwords for commercial or unlawful purposes from other users, or engaging in commercial activities and/or sales with our prior written consent.

5. Content
You are solely responsible for any Content that you publish or display on the Service or transmit to others. ORBIT does not control the content posted by users and as such does not guarantee the accuracy, integrity or quality of such content.

6. Links to Other Websites
We may, from time to time, display icons, graphic or textual links to other websites, or display selected pages of other websites not affiliated with ORBIT. Any content, product or service provided by other websites is subject to the control of such third parties and not by ORBIT. Your access to and use of any other website, and any transaction which you engage in on any other website is subject to the applicable user agreements of that website. We reserve the exclusive right and sole discretion to add, decline or remove, without notice, any icon or link to another website.

7. Disclaimers
Orbit is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Web site, or by any of the equipment or programming associated with or utilized in the Service. Orbit is not responsible for the conduct whether online or offline of any user of the Web site. ORBIT assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of user communications. ORBIT is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will ORBIT be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site or transmitted to users, or any interactions between users of the Web site, whether online or offline. The Web site and the Service are provided "AS-IS" and ORBIT expressly disclaims any warranty of fitness for a particular purpose or non-infringement. ORBIT cannot guarantee and does not promise any specific results from use of the Web site and/or the Service. The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from ORBIT or through or from the service shall create any warranty not expressly stated herein.

8. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will ORBIT be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if ORBIT has been advised of the possibility of such damages.

9. Disputes. If there is any dispute about or involving the Web site and/or the Service, by using the Web site, you agree that the dispute will be governed by the laws of the State of NEW YORK. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of NEW YORK.

10. Indemnity. You agree to indemnify and hold ORBIT, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

11. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between ORBIT and any User of the Service.

12. Other. This Agreement, accepted upon use of the Web site contains the entire agreement between you and ORBIT regarding the use of the Web site and/or the Service. The failure of ORBIT to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

Please contact us with any questions regarding this agreement. Email us at: Info@symphonyworks.net