Terms of Use

Last updated on 27th May 2020.

Contract

Please read these terms of use (“Terms”) carefully before using orbitapp.io and the services provided via Orbit (“Orbit”) as they are a legally binding contract between you and us. A reference to “you” or “your” is a reference to the user of Orbit.
By creating an account, accessing or using Orbit, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use Orbit and/or create or attempt to create an account. We recommend that you print a copy of these Terms for future reference.
The following additional terms also apply to your use of Orbit and your account:
1. Our Privacy Policy, which sets out the terms on which we process personal data;
2. Our Cookie Policy, which sets out information about the cookies on Orbit;
3. Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of Orbit. When using Orbit you must comply with this Acceptable Use Policy; and
4. Business Subscription Terms, if applicable.
Click on the links below to go straight to more information on each area:

Who we are and contacting each other

Orbit is operated by Orbit Labs Ltd, a company registered in England and Wales under company number 12302023 (“we”, “us”, “our”). Our registered office is at 2 Manor Farm Court, Old Wolverton, Milton Keynes, Buckinghamshire, England, MK12 5NN and our VAT number is 346487957.
Orbit enables people to create and/or participate in a professional community dedicated to an interest, event, place, brand or business (an “Orbit Community”) for free or for a fee. An Orbit user who creates an Orbit Community (“Organisers”) does so to invite in people (“Members”) to connect with each other, through discover, messaging and discussion, and to exchange information and content. The Organiser is responsible for the Orbit Community they create. Events may be subject to an Organiser’s terms and conditions, which you must review before accepting them. We may facilitate your payment to the Organiser for joining an Orbit Community which an Organiser charges an entry fee but do not accept any responsibility for the Organiser or the Orbit Community. An Organiser is responsible for managing the Orbit Community they own; that is moderating content, controlling access and updating Orbit Community information. If you are a Member and your Organiser terminates your access to an Orbit Community for which you have paid an entry fee, or you terminate your access yourself, your Organiser will decide whether to provide you with a refund. This will be a discussion between yourself and the Organiser – we do not accept any responsibility.
To contact us, please email .
We may contact you by email using the email provided when you sign up to Orbit or within Orbit. You agree to keep your contact information up to date. If you do not keep your contact information up to date you may not receive important notifications about your account, Orbit and/or any service we are providing to you.

We may make changes to these terms

We may amend these Terms from time to time by updating them on Orbit. Every time you wish to use Orbit, please check these Terms to ensure you understand the terms that apply at that time.

We may make changes to Orbit

We may update and change Orbit from time to time to reflect changes to our services, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

Fees

We may charge fees for future updates and improvements to Orbit. We will notify you of any charges and seek your agreement to them before they are applied.

Availability and suspending or withdrawing Orbit

We do not guarantee that Orbit, or any content on it, will always be available or be uninterrupted. Nor do we guarantee that Orbit will be secure or free from bugs or viruses.
We may suspend or withdraw or restrict the availability of all or any part of Orbit for business and operational reasons (including without limitation maintenance and updates). We will try to give you reasonable notice of any suspension or withdrawal.

Your account

Your account must be in your real name. You must be 18 or over to have an account.
You will not be eligible to open an account if you already have an account with us or had an account which was permanently suspended or terminated by us.
Creating an account with false information, on behalf of others or persons under the age of 18 is a breach of these Terms.
Your account is personal to you and must not be used, sold or transferred to others. If you attempt to sell or transfer your account to a third party or allow a third party to use your account, we may prevent you from accessing your account and/or may suspend or terminate your account on a permanent or temporary basis.
We may refuse to open an account without any reason.

You must keep your account details safe

You must treat your account details (meaning your username, password and any other security information relating to your account) as confidential. You must not disclose it to any third party. You are responsible for keeping your account details safe and secure.
You agree to use a strong and secure password, which must be changed at regular intervals and to keep your password and username confidential and not to disclose it to a third party.
You are responsible for anything that happens through your account unless you close it or report misuse.
We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your account details, you must promptly notify us using the contact details above.

User content

You are solely responsible for the information and content that you submit, upload or post to Orbit (“User Content”). All User Content that you upload to Orbit must comply with the Content Standards set out in our Acceptable Use Policy.
User Content is not proprietary to you and will not be treated confidentially by us. You retain all ownership rights in your User Content. Once you upload User Content to Orbit, you give us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable, licence to use, copy, modify, publish, reproduce, distribute and process your User Content in connection with Orbit including, without limitation, to make your User Content available to third parties and to promote Orbit. This is subject to the terms of our Privacy Policy.
You warrant that your User Content does comply with the Content Standards set out in our Acceptable Use Policy, and you will be liable to us and will reimburse us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
We reserve the right to remove any User Content if, in our opinion, any of your User Content does not comply with the Content Standards set out in our Acceptable Use Policy. We may also take any of the actions set out in paragraph 16.1.
In addition to all of our rights set out above, we reserve the right to take down any User Content at any time without notice and without having to give a reason.
Any User Content that you post or information and content that you share as well as your username and profile may be seen by others, as explained further in the 'Sharing Of Your Personal Data' section in our Privacy Policy. You agree that others may comment, reply on, or share, your User Content.
We may refuse to publish any User Content or any other information or content on Orbit and can remove it with or without notice.
We have the right to disclose your identity to any third party who is claiming that your User Content constitutes a violation of their intellectual property rights, or of their right to privacy.
You are solely responsible for securing and backing up your User Content. We cannot be responsible for storing User Content. We do not store terrorist content.

Orbit Communities

You are aware that when you join an Orbit Community the Organiser is responsible for managing that Orbit Community. This includes who they invite, whether to charge a fee for entry, who is permitted to join and remain within the Orbit Community, and all content, posts, discussions, opportunities or otherwise which takes place on the Orbit Community. The Organiser will be responsible for moderating content, controlling access and updating community information.
An Organiser may remove you (or any User Content you post) from its Orbit Community without any reason and without notice. An Organiser may also choose to close the Orbit Community at any time without any reason.
We reserve the right to delete content on an Orbit Community, suspend an Orbit Community or a Member’s access to an Orbit Community and/or close an Orbit Community at any time without any reason.

How to complain about content uploaded by other users or organisers and our responsibility

We generally do not verify, review or approve content uploaded by others. The views expressed by other users on Orbit do not represent our views or values. We are not responsible for others’ content or information. This extends to Orbit Communities – all of which the Organiser is responsible for, we cannot any responsibility.
You understand that you may be exposed to User Content that is inaccurate, offensive, indecent or inappropriate and you acknowledge that we will not be liable for any damages you allege to incur as a result of such User Content (or any other content).
If you wish to complain about content uploaded by other users or Organisers or to complain about an Orbit Community, please report this by emailing . If you are reporting content in respect of an Orbit Community then the Organiser is notified and has the control to remove the content at their discretion. The Organiser can escalate this to us if necessary.
We cannot control the actions of Organisers or other Members; if you have a privacy-related dispute with an Organiser or another Member, you should contact that person directly. You should alert us if you believe that an Organiser or another Member has violated our Privacy Policy or these Terms.

Intellectual property rights

The copyright and all other intellectual property rights in Orbit (including all database rights, trade marks, service marks, trading names, text, graphics, code, files, links and other materials published on it) belong to us or our licensor(s). We reserve all rights.
You must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from Orbit without our prior written consent.
You must not use any part of the content on Orbit for commercial purposes or disclose, copy, create derivative works or otherwise make such content available to any third party without our prior specific written consent.

Do not rely on information on Orbit

Although we make reasonable efforts to update the information published by us on Orbit, we make no representations, warranties or guarantees, whether express or implied, that the content on Orbit is accurate, complete or up to date.
You acknowledge that we are not organisers of Orbit Communities. The details of any Orbit Community or otherwise available on Orbit is provided by Organisers. We do not verify the information or details and give no warranties or representations as to their accuracy or completeness. If you rely on these details or information, you do so at your own risk. We recommend that you check all details and information with the Organiser including before making any decisions or taking any action in regards to an Orbit Community or otherwise.

We are not responsible for websites we link to or for events organised by third parties

Where Orbit contains links to other sites and resources provided by third parties or information regarding Orbit Communities, it is provided for information only. It should not be interpreted as approval by us. We do not accept any responsibility for information provided by Organisers or other users nor do we accept responsibility for Orbit Communities – this is solely the responsibility of the Organiser.

Rules about linking to Orbit

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to Orbit in any website that is not owned by you. Orbit must not be framed on any other site, nor may you create a link to any part of Orbit other than the home page.
We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Content Standards set out in our Acceptable Use Policy.
If you wish to link to or make any use of content on Orbit other than that set out above, please contact us using the contact details above.

Termination

We may terminate or suspend your account and prevent you from accessing your account and/or Orbit (on a temporary or permanent basis) if at any time:
1. we believe that you have breached these Terms or any other terms that apply to you (as set out in paragraph 1.3);
2. we believe that you have acted in a way which is unlawful, or which may create liability for other users or organisers or us;
3. we believe that you have acted in a way which might bring or tend to bring us or our brand into disrepute and/or damage our reputation and/or goodwill; and/or
4. we are unable to verify information provided by you.
If we terminate or suspend your account you shall no longer be permitted to use Orbit or access to and/or use of your account or, in the case of a temporary suspension, for the duration of that suspension.
We may terminate this contract at any time without any reason by giving you notice. On termination, you will lose the right to access and use Orbit and your account.
You can end this contract at any time by closing your account and no longer accessing or using Orbit.

Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation for those loses that you have suffered that are reasonably foreseeable. However, we will not be liable for damage that is not reasonable foreseeable or which you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
Subject to paragraph 17.1, we will not be liable for:
1. any failures due to software or internet errors or unavailability, or any other circumstances beyond our reasonable control; or
2. loss of your password or username caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.
We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Orbit or to your downloading of any content on it, or any website linked to it.

We may transfer this contract to someone else

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You are not permitted to transfer your rights and obligations without our consent.

Which country's laws apply to any disputes

These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

General

This contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract.
If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
We are not responsible for delays outside our control. If our supply of Orbit is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract.