Orioly Inc. 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. Your continued use of the service following such modification shall be deemed to be your acceptance of such modification. You can review the most current version of the TOS at any time at http://www.orioly.com/terms-of-service

The Service

Orioly ® provides users with access, various communications tools, personalized content and data accessed through any various medium or devices now known or hereafter developed (the “Service”). You also understand and agree that the Service may include advertisements. You also understand and agree that the Service may include certain communications from Orioly Inc., such as service announcements and administrative messages, and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS.

You understand and agree that the Service is provided “AS-IS” and that Orioly Inc. assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalisation settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

Orioly Inc. 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 Orioly Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Your Account

You will receive a password and account number upon completing the registration process and been accepted by Orioly Inc. During registration, you can register other colleagues or persons that are part of your company or organization and it’s your responsibility to inform them about your actions. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.

You agree to immediately notify Orioly Inc. of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. Orioly Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Trademarks and Copyrights

Certain of the names, logos, and other materials displayed in the Service constitute trademarks or intellectual property of Orioly Inc. or other entities. You are not authorized to use any such marks. Ownership of such trademarks and other intellectual property remains with Orioly Inc. or those other entities.

Your Content

Orioly Inc. does not claim ownership of Content you submit or make available for inclusion on the Service.

With respect to text, photos, graphics, documents, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, you grant Orioly Inc. the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available on a worldwide, royalty-free, and non-exclusive license. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Orioly Inc. removes such Content from the Service.

You agree not to upload, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.

Links to 3rd Parties

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Orioly Inc. has no control over such sites and resources, you acknowledge and agree that Orioly Inc. 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 Orioly Inc. 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 the use of or reliance on any such Content, goods or services available on or through any such site or resource.

Limitation of Liability

You expressly agree that your use of the service, content and Orioly software is at your own risk. Neither Orioly Inc., its affiliates, nor any of their respective officers, directors, members, shareholders, employees, agents, third-party content providers, or licensors warrant that the service, ads or Orioly software will be uninterrupted, timely, secure or error-free; nor do they make any warranty as to the results that may be obtained from the use of the service, ads or Orioly software including their accuracy, reliability, quality, adequacy, timeliness or authenticity. Nor do they make any warranty as to the accuracy, reliability, quality, adequacy timeliness or authenticity of any ads, information, service, products, merchandise or other material purchased provided by or through the service. The service, Orioly software, and ads are provided on an “as-is” and “as-available” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, non-infringement or fitness for a particular purpose. In no event will Orioly Inc., or any person or entity involved in creating, producing or distributing the service, ads or the Orioly software, be liable to you or any other person or entity for any indirect, incidental, special, punitive or consequential damages, or loss of profit or revenue arising out of the use of or inability to use the service, ads or Orioly software. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action regardless of whether Orioly Inc. had notice of the cause or such cause was foreseeable. These disclaimers and limitations shall apply even in the event of a fundamental or material breach or a breach of the fundamental or material terms of this agreement. 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 may not apply to you.

General Practices

You acknowledge that Orioly Inc. may establish general practices and limits concerning use of the Service, including without limitation the maximum disk space, bandwidth, and server processing that will be allotted on Orioly Inc.’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you or your customers may access the Service in a given period of time. You agree that Orioly Inc. 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 Orioly Inc. reserves the right to remove free accounts that are inactive for an extended period of time. You further acknowledge that Orioly Inc. reserves the right to modify these general practices and limits from time to time.

If you are using free account restrictions may be less favorable than for commercial accounts.

Closing your Account

Accounts, where no payment has been received for a period of ninety (90) days, will be classified as inactive (“Inactive Account”).

For free accounts (where no payment is received for system access fees), an account will be classified as inactive (“Inactive Account”) where no staff login or new booking has been received for a period of ninety (90) days.

Orioly Inc., in its sole discretion, may delete any existing data from Inactive accounts and the trying of submitting incoming data may be refused.

Law and Jurisdiction

This Agreement shall be considered as an agreement made in the United States and shall be interpreted in accordance with US Law and the courts of the United States shall have exclusive jurisdiction over all disputes which may arise between the parties.

Privacy Policy

If you provide us with information about another person or entity, you confirm that they have appointed you to act for them, to consent to the processing of their personal data, including sensitive personal data and that you have informed them of our identity and the purposes for which their personal data will be processed.

3rd Party Tools & Services

While Orioly Inc. may suggest or supply software products and/or services from third parties, it cannot be held responsible for the performance of such software and/or services.

Reverse Engineering, Decompilation, and Disassembly

You may not reverse engineer, decompile, or disassemble the software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Representation

By agreeing to these terms of service you acknowledge that you do not rely on any prior representation, warranty or other assurance made by or on behalf of Orioly Inc. and you waive all rights and remedies which, but for this agreement, might otherwise be available to you in respect or of such representation, warranty or other assurance, provided that nothing in this clause shall exclude or limit any liability for fraud.

Publicity

You agree that Orioly Inc. may use your name and logo in presentations, marketing materials, customer lists, financial reports and website listings of customers.

By using all or any portion of Orioly service or by creating an account with Orioly, you agree that this agreement is enforceable like any written negotiated agreement signed by you and you agree to be legally bound and to abide by this agreement just as if you had signed this agreement. You agree to use the service in a manner consistent with all applicable laws and regulations and in accordance with this agreement. If you do not agree to all the terms of this agreement, do not use this service. Orioly Inc. reserves the right to refuse participation to any applicant or user at any time in its sole discretion.