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Terms of Service ("TOS") - Orange
Tree Software Ltd
1. ACCEPTANCE OF TERMS
Orange Tree Software Ltd provides its service to you, subject to the following
Terms of Service ("TOS"), which may be updated by us from time
to time without notice to you. In addition, when using particular Orange
Tree Software Ltd services, you and Orange Tree Software Ltd shall be
subject to any posted guidelines or rules applicable to such services
that may be posted from time to time. All such guidelines or rules are
hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
Orange Tree Software Ltd currently provides users with access to its web
based information exchange system. Unless explicitly stated otherwise,
any new features that augment or enhance the current Service, including
the release of new Orange Tree Software Ltd properties, shall be subject
to the TOS. You understand and agree that the Service is provided "AS-IS"
and that Orange Tree Software Ltd assumes no responsibility for the timeliness,
deletion, miss-delivery or failure to store any user communications or
personalisation settings. In order to use the Service, you must obtain
access to the World Wide Web, either directly or through devices that
access web-based content, and pay any service fees associated with such
access. In addition, you must provide all equipment necessary to make
such connection to the World Wide Web, including a computer and modem
or other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself as prompted
by the Service's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or Orange Tree
Software Ltd has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, Orange Tree Software Ltd
has the right to suspend or terminate your account and refuse any and
all current or future use of the Service (or any portion thereof).
4. ORANGE TREE SOFTWARE LTD PRIVACY POLICY
Registration Data and certain other information about you remain subject
to our Privacy Policy. For more information, see our full privacy policy.
5. MEMBER USERNAME, PASSWORD AND SECURITY
You will receive a username and password upon completing the Service's
registration process. You are responsible for maintaining the confidentiality
of the username and password, and are fully responsible for all activities
that occur under your password or username. You agree to (a) immediately
notify Orange Tree Software Ltd of any unauthorized use of your password
or username or any other breach of security, and (b) ensure that you exit
from your account at the end of each session. Orange Tree Software Ltd
cannot and will not be liable for any loss or damage arising from your
failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This means that you,
and not Orange Tree Software Ltd, are entirely responsible for all Content
that you upload, post, email, transmit or otherwise make available via
the Service. Orange Tree Software Ltd does not control the Content posted
via the Service and, as such, does not guarantee the accuracy, integrity
or quality of such Content. You understand that by using the Service,
you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will Orange Tree Software Ltd be liable in any
way for any Content, including, but not limited to, for any errors or
omissions in any Content, or for any loss or damage of any kind incurred
as a result of the use of any Content posted, emailed, transmitted or
otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libellous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a
Orange Tree Software Ltd official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content
that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes,"
or any other form of solicitation, except in those areas (such as shopping
rooms) that are designated for such purpose;
h. upload, post, email, transmit or otherwise make available any material
that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
i. interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service;
j. "stalk" or otherwise harass another; or
You acknowledge that Orange Tree Software Ltd does not
pre-screen Content, but that Orange Tree Software Ltd and its designees
shall have the right (but not the obligation) in their sole discretion
to refuse or move any Content that is available via the Service. Without
limiting the foregoing, Orange Tree Software Ltd and its designees shall
have the right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge
that you may not rely on any Content created by Orange Tree Software Ltd
or submitted to Orange Tree Software Ltd, including without limitation
information in Orange Tree Software Ltd! Message Boards, Orange Tree Software
Ltd! Clubs, and in all other parts of the Service.
You acknowledge and agree that Orange Tree Software Ltd
may preserve Content and may also disclose Content if required to do so
by law or in the good faith belief that such preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b) enforce
the TOS; (c) respond to claims that any Content violates the rights of
third-parties; or (d) protect the rights, property, or personal safety
of Orange Tree Software Ltd, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the transmission
of technical data exported from the United Kingdom or the country in which
you reside.
With respect to all other Content you elect to post to
other publicly accessible areas of the Service, you grant Orange Tree
Software Ltd the royalty-free, perpetual, irrevocable, non-exclusive and
fully sub-licensable right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform
and display such Content (in whole or part) worldwide and/or to incorporate
it in other works in any form, media, or technology now known or later
developed.
8. INDEMNITY
You agree to indemnify and hold Orange Tree Software Ltd, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of Content you submit, post,
transmit or make available through the Service, your use of the Service,
your connection to the Service, your violation of the TOS, or your violation
of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the Service, use of the Service,
or access to the Service.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Orange Tree Software Ltd may establish general practices
and limits concerning use of the Service, including without limitation
the maximum number of days that email messages, message board postings
or other uploaded Content will be retained by the Service, the maximum
number of email messages that may be sent from or received by an account
on the Service, the maximum size of any email message that may be sent
from or received by an account on the Service, the maximum disk space
that will be allotted on Orange Tree Software Ltd's servers on your behalf,
and the maximum number of times (and the maximum duration for which) you
may access the Service in a given period of time. You agree that Orange
Tree Software Ltd has no responsibility or liability for the deletion
or failure to store any messages and other communications or other Content
maintained or transmitted by the Service. You acknowledge that Orange
Tree Software Ltd reserves the right to log off accounts that are inactive
for an extended period of time. You further acknowledge that Orange Tree
Software Ltd reserves the right to change these general practices and
limits at any time, in its sole discretion, with or without notice.
11. MODIFICATIONS TO SERVICE
Orange Tree Software Ltd reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree that Orange Tree
Software Ltd shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
12. TERMINATION
You agree that Orange Tree Software Ltd, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the Service, and
remove and discard any Content within the Service, for any reason, including,
without limitation, for lack of use or if Orange Tree Software Ltd believes
that you have violated or acted inconsistently with the letter or spirit
of the TOS. Orange Tree Software Ltd may also in its sole discretion and
at any time discontinue providing the Service, or any part thereof, with
or without notice. You agree that any termination of your access to the
Service under any provision of this TOS may be effected without prior
notice, and acknowledge and agree that Orange Tree Software Ltd may immediately
deactivate or delete your account and all related information and files
in your account and/or bar any further access to such files or the Service.
Further, you agree that Orange Tree Software Ltd shall not be liable to
you or any third-party for any termination of your access to the Service.
13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and
delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between you and such advertiser. You agree that Orange Tree Software Ltd
shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the presence
of such advertisers on the Service.
14. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Orange Tree Software Ltd has
no control over such sites and resources, you acknowledge and agree that
Orange Tree Software Ltd is not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible
or liable for any Content, advertising, products, or other materials on
or available from such sites or resources. You further acknowledge and
agree that Orange Tree Software Ltd shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
15. ORANGE TREE SOFTWARE LTD'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you through
the Service or advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as expressly
authorized by Orange Tree Software Ltd or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative works
based on the Service or the Software, in whole or in part. Orange Tree
Software Ltd grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy, modify,
create a derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form, or to use
modified versions of the Software, including (without limitation) for
the purpose of obtaining unauthorized access to the Service. You agree
not to access the Service by any means other than through the interface
that is provided by Orange Tree Software Ltd for use in accessing the
Service.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. ORANGE TREE
SOFTWARE LTD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. ORANGE TREE SOFTWARE LTD MAKES NO WARRANTY THAT (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS
IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM ORANGE TREE SOFTWARE LTD OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ORANGE TREE SOFTWARE LTD SHALL
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 ORANGE
TREE SOFTWARE LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND
18 MAY NOT APPLY TO YOU.
19. SPECIAL ADMONITION FOR SERVICES RELATING TO
FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning companies,
stock quotes, investments or securities, please read the above Sections
17 and 18 again. They go doubly for you. In addition, for this type of
information particularly, the phrase "Let the investor beware"
is apt. The Service is provided for informational purposes only, and no
Content included in the Service is intended for trading or investing purposes.
Orange Tree Software Ltd shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted or made available
via the Service, and shall not be responsible or liable for any trading
or investment decisions made based on such information.
20. NOTICE
Notices to you may be made via either email or regular mail. The Service
may also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
21. TRADEMARK INFORMATION
Orange Tree Software Ltd and product and service names are trademarks
of Orange Tree Software Ltd Ltd. (the "Orange Tree Software Ltd Marks").
Without Orange Tree Software Ltd's prior permission, you agree not to
display or use in any manner, the Orange Tree Software Ltd Marks.
22. COPYRIGHTS and COPYRIGHT AGENTS
Orange Tree Software Ltd respects the intellectual property of others,
and we ask our users to do the same. If you believe that your work has
been copied in a way that constitutes copyright infringement, please provide
Orange Tree Software Ltd's Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest; a description of the copyrighted
work that you claim has been infringed; a description of where the material
that you claim is infringing is located on the site; your address, telephone
number, and email address; a statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner,
its agent, or the law; a statement by you, made under penalty of perjury,
that the above information in your Notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner's behalf.
23. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Orange Tree Software
Ltd and govern your use of the Service, superseding any prior agreements
between you and Orange Tree Software Ltd. You also may be subject to additional
terms and conditions that may apply when you use affiliate services, third-party
content or third-party software. The TOS and the relationship between
you and Orange Tree Software Ltd shall be governed by the laws of England
without regard to its conflict of law provisions. You and Orange Tree
Software Ltd agree to submit to the personal and exclusive jurisdiction
of the courts located within England. The failure of Orange Tree Software
Ltd to exercise or enforce any right or provision of the TOS shall not
constitute a waiver of such right or provision. If any provision of the
TOS is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavour to give effect to the
parties' intentions as reflected in the provision, and the other provisions
of the TOS remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Service or the TOS must be filed within
one (1) year after such claim or cause of action arose or be forever barred.
24. VIOLATIONS
Please report any violations of the TOS to webmaster@yourfreetime.info
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