ORBX Terms & Conditions

Terms & Conditions of Use

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. YOU ARE ONLY PERMITTED TO USE THE OTOY ORBX MEDIA PLAYER AND ANY RELATED WEBSITE IF YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS.

YOU AGREE THAT YOUR LOGGING IN OR OTHER USE OF THE OTOY ORBX MEDIA PLAYER OR ANY RELATED WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.

IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT BETWEEN YOU AND OTOY, INC. (“OTOY”), YOU ARE NOT PERMITTED TO USE THE ORBX MEDIA PLAYER OR ANY RELATED WEBSITE.

PLEASE READ THE LAST PARAGRAPH IN ITS ENTIRETY AS IT CONTAINS IMPORTANT INFORMATION REGARDING BINDING ARBITRATION AND CLASS ACTION WAIVER AND INFORMATION REGARDING HOW TO OPT OUT OF THIS PROVISION.

TERMS OF USE

YOUR RESPONSIBILITIES

You acknowledge and agree that You have the following responsibilities:

  • To use the ORBX MEDIA PLAYER solely for non-commercial and personal purposes.

  • To make sure that the information You provide to OTOY or to others in connection with the ORBX MEDIA PLAYER is accurate and to maintain its accuracy.

  • Not to permit access to the OTOY ORBX MEDIA PLAYER and/or any related website by anyone under the age of 13.

  • To use the ORBX MEDIA PLAYER only in a safe environment and in no event in moving vehicles or in any environment where distraction might be associated with a risk of injury.

  • To immediately cease using the ORBX MEDIA PLAYER if you notice dizziness, disorientation or any other abnormal physical, mental or health condition associated with your use of the ORBX MEDIA PLAYER.

  • To comply with all privacy policies and acceptable use policies that OTOY may establish from time to time and post or provide links to on any related website, including the Privacy Policy located at https://home.otoy.com/privacy-policy/.

  • To refrain from copying, adapting, modifying, decrypting, attempting to derive source code of, preparing derivative works based upon, distributing, licensing, selling, renting, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting, disassembling, de-compiling, or reverse-engineering any software or other component relating to the OTOY ORBX MEDIA PLAYER or any related website.

  • To not use or permit others to use the OTOY ORBX MEDIA PLAYER or any related website or any part thereof in a manner that would: (a) infringe any third party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (d) be false, misleading, or inaccurate; (e) create liability for OTOY or any company providing software, products, services or content though the OTOY ORBX MEDIA PLAYER or cause OTOY or any company providing software, products, services or content though the OTOY ORBX MEDIA PLAYER to lose (in whole or in part) the benefit of any third party relationship; (f) be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; or (g) be obscene, pornographic, or contain child pornography.

  • To refrain from gaining access or attempting to gain access to any information, software or data on OTOY’s servers or otherwise within its control which is encrypted, protected by security procedures or devices or (except for Your personal information) otherwise not generally made available to users of the OTOY ORBX MEDIA PLAYER in its normal operation.

  • To refrain from using the OTOY ORBX MEDIA PLAYER or any related website or any part thereof in a manner which will or might interfere with the full use and enjoyment by other users of the OTOY ORBX MEDIA PLAYER or any related website. Without limiting the generality of the foregoing, You will refrain from excessive usage that could whether intentionally or unintentionally adversely affect other users’ access to the OTOY ORBX MEDIA PLAYER.

  • To refrain from using the OTOY ORBX MEDIA PLAYER or any related website or any part thereof to facilitate or promote the spread of software or materials that contain a virus, corrupted files, or similar programs that may damage or impair the operation of another’s computer, software, data or the OTOY ORBX MEDIA PLAYER or any related website.

  • To refrain from accessing the OTOY ORBX MEDIA PLAYER for the purpose of bringing an intellectual property action against OTOY or for the purpose of creating any product or service that is competitive with the OTOY ORBX MEDIA PLAYER.

  • To review this Agreement from time to time at the location where you have accessed it to be aware of any changes to it.

  • To defend, indemnify, and hold harmless OTOY and the other indemnitees identified in the paragraph entitled INDEMNIFICATION below from all third party claims according to the conditions set forth below.

THIRD PARTY LINKS

The OTOY ORBX MEDIA PLAYER and any related website may link You to other websites, applications or services. Neither OTOY nor any company providing software or any products, services or content though or in connection with the OTOY ORBX MEDIA PLAYER are responsible or liable to You in connection with such websites, applications or services provided by third parties. WHEN YOU ACCESS THESE WEBSITES, APPLICATIONS AND/OR SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE WEBSITES, APPLICATIONS AND SERVICES. The inclusion of links to such websites, applications or services or promotional materials relating thereto does not imply any endorsement thereof or the material accessed by you therein by OTOY or any other third party whose software, products, services or content may be available through or in connection with the OTOY ORBX MEDIA PLAYER.

USER CONTENT

The ORBX MEDIA PLAYER may include features where You may access and view Your own content or other third party content, including but not limited to, text, images, photos, videos, sounds, virtual reality environments or features, software and other information and materials (collectively, “User Content”). You are solely responsible for the User Content that is viewed or made available through the ORBX MEDIA PLAYER and OTOY makes no guarantee that the User Content will be compatible with the ORBX MEDIA PLAYER, and you hereby release and discharge OTOY and any other third party whose software, products, services or content may be available through or in connection with the OTOY ORBX MEDIA PLAYER from all claims and liabilities of every kind or nature, known or unknown, relating to the User Content, it being acknowledged by You that You have assumed all risks relating to the use or viewing of the User Content.

NO WARRANTIES

OTOY and the companies providing software, products, services or content though or in connection with the OTOY ORBX MEDIA PLAYER have attempted to make the OTOY ORBX MEDIA PLAYER and their software, products, services and content as useful and reliable as possible. However, the OTOY ORBX MEDIA PLAYER and any related website and all software, products, services and content that may be accessed through or in connection with the OTOY ORBX MEDIA PLAYER are provided “AS IS” without any warranties of any kind. Therefore, the use of the OTOY ORBX MEDIA PLAYER and any related website and all software, products, services and content that may be accessed through the OTOY ORBX MEDIA PLAYER are at the sole risk of the user. OTOY will have no liability for any physical, mental, emotional or psychological injury that may be suffered by You or anyone using the OTOY ORBX MEDIA PLAYER under your control or with your authorization and You hereby release and discharge OTOY and any third party whose software, products, services or content may be available through or in connection with the OTOY ORBX MEDIA PLAYER from all claims and liabilities of every kind or nature, known or unknown, relating to any such injury whether based on negligence, strict liability or any other legal theory.

MORE SPECIFICALLY, OTOY AND THE COMPANIES PROVIDING SOFTWARE, PRODUCTS, SERVICES OR CONTENT IN CONNECTION WITH THE OTOY ORBX MEDIA PLAYER MAKE NO WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, CONCERNING THE OTOY ORBX MEDIA PLAYER, ANY RELATED WEBSITE, ANY SOFTWARE, PRODUCTS, SERVICES AND CONTENT THAT MAY BE ACCESSED THROUGH THE OTOY ORBX MEDIA PLAYER, OR THEIR OPERATION, FUNCTION, PERFORMANCE OR DOCUMENTATION.

By way of example (and without limitation) OTOY does not guarantee that: (a) any function or feature or part of the OTOY ORBX MEDIA PLAYER or any related website will always be error-free or operable; (b) any information provided through the OTOY ORBX MEDIA PLAYER or any related website will always be accurate; (c) You will have continuous access to the OTOY ORBX MEDIA PLAYER or any related website; or (d) the function of the OTOY ORBX MEDIA PLAYER will always operate correctly with any given software, product, service or content.

Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusion or limitation may not apply to You.

LIMITATION OF LIABILITY

OTOY and the companies providing software, products, services or content through the OTOY ORBX MEDIA PLAYER are not responsible for any damages incurred through the use of the OTOY ORBX MEDIA PLAYER or any related website or any part thereof.

OTOY AND THE COMPANIES PROVIDING SOFTWARE, PRODUCTS, SERVICES OR CONTENT THOUGH OR IN CONNECTION WITH THE OTOY ORBX MEDIA PLAYER AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ACCOUNTANTS, ATTORNEYS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION TO THE USE OF THE OTOY ORBX MEDIA PLAYER AND ANY RELATED WEBSITE OR ANY SOFTWARE, PRODUCTS, SERVICES OR CONTENT THAT MAY BE ACCESSED THROUGH THE OTOY ORBX MEDIA PLAYER, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, PUNITIVE DAMAGES, OR ANY INCIDENTAL, SPECIAL, OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF OTOY OR ANY OF THE COMPANIES PROVIDING SOFTWARE, PRODUCTS, SERVICES OR CONTENT THROUGH OR IN CONNECTION WITH THE OTOY ORBX MEDIA PLAYER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

By way of example (and without limitation) OTOY and the companies providing software, products, services or content though or in connection with the OTOY ORBX MEDIA PLAYER will not be responsible for: (a) loss or damage to any data or information provided by You in connection with Your use of the OTOY ORBX MEDIA PLAYER; (b) any inability that You may have to access or use the OTOY ORBX MEDIA PLAYER or any related website or any part thereof; (c) any damages arising from the termination of Your use of the OTOY ORBX MEDIA PLAYER or any related website or any part thereof; (d) any damages arising from the interception, theft, or misuse of information transmitted to or through the OTOY ORBX MEDIA PLAYER; and (e) User Content.

Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

RIGHT OF TERMINATION

Either You or OTOY has the right to terminate Your use of the OTOY ORBX MEDIA PLAYER and/or any related website at any time for any reason. In addition, OTOY may terminate Your use of the OTOY ORBX MEDIA PLAYER and/or any related website if fraud or any unusual activity is detected in connection with Your use of the OTOY ORBX MEDIA PLAYER. In addition, OTOY has the right at any time with or without cause to remove or require You to remove and cease to use any application or content that You may use or provide for use in connection with the OTOY ORBX MEDIA PLAYER or to otherwise limit Your use of the OTOY ORBX MEDIA PLAYER by any means as OTOY may determine in its sole discretion.

PROCEDURE FOR MAKING CLAIMS OF INFRINGEMENT

If You believe that Your work has been copied, distributed or otherwise used by OTOY in a way that constitutes copyright infringement or otherwise violates Your rights, You agree to follow our procedure for giving notice of such claims. You may file such notification to: Otoy, Inc. Legal Department 1010 Wilshire Blvd. # 1604, Los Angeles, CA 90017, email: [email protected]. Please see 17 U.S.C. Section 512(c)(3) available at http://www.copyright.gov/title17/92chap5.html#512 for the requirements of a proper notification. If You knowingly misrepresent in Your notification that the material or activity is infringing, You will be liable for any damages, including costs and attorneys’ fees, incurred by OTOY or the alleged infringer as the result of or relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

PROPERTY RIGHTS

You retain ownership of User Content provided by You for use in connection with the OTOY ORBX MEDIA PLAYER, but You hereby grant to OTOY a limited royalty free non-exclusive license therein to enable OTOY to do all things necessary or convenient for the providing of the OTOY ORBX MEDIA PLAYER.

The OTOY ORBX MEDIA PLAYER and any related website are owned by OTOY. Any materials provided to You are merely licensed to You for use solely as permitted under this Agreement.

The OTOY ORBX MEDIA PLAYER and any related website and all parts thereof are protected by copyright and other laws of the United States and other countries. As between You and OTOY, OTOY retains all right, title, and interest in the OTOY ORBX MEDIA PLAYER and any related website and all content, information, websites, software, and other materials related thereto, excluding certain User Content and technology which may have been created and/or is owned by third parties.

Some of the names referenced in the OTOY ORBX MEDIA PLAYER or any related website are trademarks or registered trademarks. You agree not to use any trademarks referenced in the OTOY ORBX MEDIA PLAYER or any related website or any confusingly similar marks for any purpose without the express prior written consent of the owner of the mark in each instance.

CHANGES

OTOY reserves the right to add to, remove, or change any of the content or functions of the OTOY ORBX MEDIA PLAYER or any related website or the software, products, services and content that may be accessed using the OTOY ORBX MEDIA PLAYER without giving specific notice to You.

In addition, OTOY may change the terms of this Agreement from time to time. When such a change is made, OTOY will post a revised version of this Agreement In the same place where You have accessed this Agreement. Changes will be effective when they are posted. It is Your responsibility to review this Agreement from time to time to be aware of any such changes. Your continued use of the OTOY ORBX MEDIA PLAYER or any related website will indicate Your agreement to any such changes.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless OTOY and the companies that provide software, products, services and content that may be used in connection with the OTOY ORBX MEDIA PLAYER, their licensees, successors, and assignees, affiliated merchants, content providers, technology and service providers, or website providers, the parent, affiliated and subsidiary companies of each of them and the officers, directors, employees, and agents of each of them from and against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to any breach or alleged breach by You of this Agreement or any use of the OTOY ORBX MEDIA PLAYER, any related website or any part thereof by You or by any person under Your control or to whom You allow to use the ORBX MEDIA PLAYER that is licensed to You or otherwise relating to any User Content that You or any such other person provides. OTOY reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with OTOY in asserting any available defenses. You will not settle any action or claims on our behalf without OTOY’s prior written consent.

GENERAL

PLEASE READ THIS PARAGRAPH CAREFULLY AND IN ITS ENTIRETY.

For any dispute that You have against OTOY, You agree to first contact OTOY and attempt to resolve the claim informally by sending a written notice of Your claim to OTOY to: Legal Department, OTOY, Inc. at 1010 Wilshire Blvd. #1604 Los Angeles, CA 90017. If You and OTOY cannot reach an agreement to resolve the claim within 30 days after receipt by OTOY of such notice, then either party may commence an arbitration proceeding as set forth in this paragraph. You and OTOY agree that any dispute must be commenced or filed within 1 year after such claim arose; otherwise the dispute is permanently barred. You and OTOY agree to waive any right to a jury trial, or the right to have any dispute resolved in any court, and instead accept the use of binding arbitration (which is the referral of a dispute to one or more impartial persons for a final and binding determination). You and OTOY empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this Agreement, including the arbitrability of any dispute and any claim that all or part of these terms are void or voidable. You and OTOY agree that any dispute is personal to You and OTOY, and that any dispute shall only be resolved by an individual arbitration and shall not be brought as a class arbitration, a class action, or any other representative proceeding. Neither party agrees to class arbitration, or an arbitration where a person brings a dispute as a representative of any other person or persons. Neither You nor OTOY agree that a dispute can be brought as a class or representative action whether inside or outside of arbitration, or on behalf of any other person or persons. The arbitrator, OTOY and You shall maintain the confidentiality of any proceedings, including without limitation, any and all information gathered, prepared, and presented for the purposes of the arbitration or related to the disputes therein. The arbitrator shall have the authority to make appropriate rulings to safeguard the confidentiality, unless the law provides otherwise. You or OTOY shall submit the dispute to binding arbitration at the office of the American Arbitration Association (“AAA”) and the arbitration will be conducted in accordance with the AAA Consumer Arbitration Rules (“AAA Rules”) then in effect (http://www.adr.org (800) 778-7879, 120 Broadway, Floor 21, New York, NY 10271). You may opt out of this agreement to arbitrate. If You do opt out, neither You nor OTOY can require the other to participate in an arbitration proceeding. To opt out, You must notify us in writing within 30 days of the date that You first become subject to this arbitration provision, and You must include Your name, address and email address that You use for Your OTOY account and a clear statement that You want to opt out of this arbitration agreement. Such notices shall be sent to Legal Department, OTOY, Inc. 1010 Wilshire Blvd. # 1604 Los Angeles, CA 90017. Unless You choose to opt out, this arbitration provision shall survive termination of this Agreement.

This Agreement will be construed and interpreted in accordance with the laws of the State of California, without reference to its conflict-of-laws rules. You agree that any arbitration will be held in Los Angeles, California. To the extent that the arbitration provision above does not apply to You, You agree that the sole jurisdiction and venue for actions related to the subject matter hereof shall be the California state and US federal courts located in Los Angeles, California. You hereby irrevocably submit to the jurisdiction and venue of arbitrators and courts in Los Angeles, California. You will comply with all applicable laws, statutes, ordinances, and regulations in Your use of the OTOY ORBX MEDIA PLAYER or any related website and Your use of any software, products, services and content that may be accessed through or in connection with the OTOY ORBX MEDIA PLAYER. This Agreement represents the sole and exclusive agreement between You and OTOY regarding the OTOY ORBX MEDIA PLAYER and any related website and merges and supersedes all previous and contemporaneous electronic, written, or oral agreements and understandings regarding the subject matter hereof. If any provision of this Agreement is held to be invalid or otherwise unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be invalidated or otherwise affected. Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section. OTOY’s failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.

Open source software licenses for components of the software used in the OTOY ORBX MEDIA PLAYER constitute separate written agreements and supersede this Agreement to the limited extent applicable to the specific relevant open source software.

OTOY makes no representation that the OTOY ORBX MEDIA PLAYER or any of the transactions facilitated by the OTOY ORBX MEDIA PLAYER are legal outside of the United States. You are solely responsible for complying with any and all laws of jurisdictions outside of the United States, which may apply to Your use of the OTOY ORBX MEDIA PLAYER. Any waiver of any provision of this Agreement must be in writing and signed by an authorized representative of OTOY. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You represent and warrant that You are at least 18 years of age, and can lawfully enter into contracts under applicable law.

 

DATE OF LAST UPDATE

The terms of this Agreement were last updated on January 4, 2017.