Approved by the Director of Orbios Ltd
Edition No. 8/14
dated August 25, 2014
Welcome to ORBIOS!
Please read the terms of service.
This Terms of Service (hereinafter – the Terms) shall regulate the relations between Orbios Ltd (hereinafter - ORBIOS), manager of the Internet Project (Internet website), being on duly registered domain name at the address: Orbios (hereinafter – the Website), applications for smartphones, computer programs (hereinafter – the Services) of the one hand, and private persons, registered as users of ORBIOS (hereinafter - the User) in order to use the applications and obtain services for the use of the Internet Project ORBIOS.
These Terms and any disputes or claims arising out of or in connection herewith or the subject herewith (including non-contractual disputes or claims) shall be regulated by and interpreted in accordance with the legislation of England. In case of discrepancies between the translated text of the Terms and the original English version, the English text shall exclusively prevail.
If you are under 18 years old, unfortunately, you cannot use ORBIOS yet.
When you use the Services, you provide us with your files, data, emails, contact information, and so forth (hereinafter referred to as “Your Materials”). Your Materials belong to you. These Terms do not confer us any rights to your materials except for the limited rights necessary to ensure the operation of Services and provide you with the respective services.
We require your permission to post your materials, make the backup copies for them and make them available to other persons at your request. Our Services also provide you with specific functions: for example, they create thumbnails of photos, carry out the preview of documents, sort email messages, files, provide the opportunity to edit them, share them, search among them. To perform these and other functions, our system may be required to gain access to Your Materials, store and scan them. You give us permission to do so, and this authorization shall also apply to the third parties we work with.
When uploading files to ORBIOS, none but you have access rights to view them and study the materials. Except for the cases, when it is necessary to provide you with a quality service by processing these materials with software algorithms. Materials are not tested on the content of the information prior to their publication in the shared access with other users of ORBIOS and/or of the Internet in general.
The User’s use of the Service, any of the Applications, functional hereof means the compliance of the User with all the clauses hereof and the acceptance of conditions and obligations thereof to comply with the responsibilities entrusted with the User hereunder. The fact of the Service use, any of applications, functional hereof and the registration of the User at the Service (creation of account) shall be a complete and unconditional acceptance hereof, ignorance of which does not exempt the User from liability for failure to comply with the terms thereof.
Subject of the Agreement
ORBIOS offers users the access to a wide range of interactive Applications.
All currently existing Applications and any development and/or addition hereof shall be the subject hereof. The User understands and agrees that all applications are provided in accordance with the conditions and characteristics that were laid by ORBIOS and that it is not liable for any delays, failures, incorrect or late delivery, remove or damage of any user personal information.
In order to use ORBIOS Applications you must have the appropriate device (PC, tablet computer, mobile phone, smartphone, etc.) and access to data telecommunications network Internet (hereinafter – the Network). All issues regarding the acquisition of access rights to the Network, buying and setup for that appropriate equipment and software shall be resolved by the User individually and shall not fall within the Agreement.
Note that some ORBIOS Applications may include adult content. This Agreement prescribes to persons under 18 to refrain from accessing to this information.
The User shall pay a fee in accordance with the terms hereof for ORBIOS services.
Upon completion of the registration process, the User can use the chosen username (email address) and password to access the personalized part of ORBIOS Services. The User shall also be responsible for the security of its username and password and for all that will be done on ORBIOS under its username and password. ORBIOS shall be liable to prohibit the use of certain usernames. The User agrees that it shall notify ORBIOS immediately on any case of unauthorized (not allowed by the User) access with the username and password and/or any other breach of security, and that the User shall carry out the safe close-down under its password (Exit button) individually at the end of each work session with the Services of ORBIOS and ensure the confidentiality of its password of the access to the Services of ORBIOS. ORBIOS shall not be responsible for the possible loss damage of the data, which may occur due to violation of the provisions of this part hereof by the User.
Confidentiality and Intellectual Property Right
ORBIOS shall grant the User personal on the non-exclusive basis and non-transferable right to use the software provided in the Services on one PC device, provided that neither the User itself nor any other person in association with the User will copy or modify the software; create programs derivative from the software, penetrate into the software to obtain the program code (decompilation); conduct the sale, concession, lease, transfer to the third parties in any other form of the rights to the software of the Services, provided to the User hereunder, and modify the Services, including for the purpose of obtaining unauthorized access to them.
All results of intellectual activity used and displayed on the Website and the actual elements of the Service are the intellectual property of their respective authors and holders of rights and are protected by the legislation on intellectual property of England and respective international legal conventions and agreements. Any use of results of intellectual activity posted on the Website (including elements of visual design, symbols, texts, graphics, illustrations, photos, video, software, music, and other objects) without the permission of ORBIOS and/or legal author and/or the copyright owner is illegal and can cause judicial examination and bringing to civil, administrative and criminal liability in accordance with the legislation in force of England.
Access to the results of intellectual activity, posted at the Services, shall be granted by ORBIOS solely for the personal non-commercial use by the Users in order to familiarize with them solely through the Service without the right to the different use of the specified results of intellectual activity not specified herein, including sale, modification, distribution, wholly or in part thereof, etc.
The User shall understand and agree that the person that has granted access to all information, data, text, software, music, sound, photographs, graphics, video, messages or other intellectual property posted for public access or privately transmitted shall be liable for the aforementioned content. It means that the User, not ORBIOS, shall be fully liable for all results of intellectual activity (hereinafter – RIA) and other data which the user uploads, sends, transmits or makes available in any other way (hereinafter – the Content) with the help of the ORBIOS Services. ORBIOS does not control the Content transmitted through the website hereof and therefore does not guarantee the integrity, completeness or quality of this Content. The User understands that, by using the Services of ORBIOS, it can see the Content that is offensive, indecent or controversial. ORBIOS shall not be responsible for the Content created by users of the websites and services hereof under any circumstances.
Any use of the Services or RID posted thereon except as permitted hereby or in case of the explicit consent of the author and/or the copyright owner on such use, without the prior written permission of the author and/or the owner, is strictly prohibited.
By posting the results of intellectual activity lawfully belonging to it, the User grants the other users the right to use them in the non-exclusive basis by viewing, displaying (including copying), processing (including printing of copies) and other rights for the sole purpose of personal non-commercial use except in cases where such use causes or may cause harm to the legally protected interests of the author and/or copyright owner.
The User’s use of RIA, the access to which is obtained solely for the personal non-commercial use, shall be permitted provided that all signs of authorship (copyrights) or other notices of authorship are maintained, the author’s name is maintained in an unchanged form, the production is maintained in an unchanged form.
Besides its own RIA, the User shall not be entitled to upload or otherwise make available to the public (publish on the Website) other sites, databases, and other results of intellectual activity in the absence of explicitly expressed consent of the author and/or the copyright holder to do so.
Except as otherwise expressly provided herein, nothing can be considered a transfer of exclusive rights to the RIA.
The User shall be solely responsible for any Content or other information that it uploads or otherwise makes available to the public (publishes) on the Website or therewith. The User shall not be entitled to upload, transmit or publish content on the Website if it does not hold the respective rights to take such action acquired or transferred to it in accordance with the legislation of England.
On the basis of legitimate claims of the third parties or User’s claim, ORBIOS shall be entitled to check the Website for the Content infringing the rights of the third parties and can delete or move (without notice) any Content in their sole discretion, for any reason or no reason, including to move or delete any Content without limitation that, on the personal opinion of ORBIOS, violates this Agreement, the legislation of England and/or may violate the rights, harm, or threaten the safety of other users or the third parties.
By posting its Content on the Website, the User shall transfer to ORBIOS the right to make copies of their content in order to regulate and facilitate the publication and storage of the user generated Content on the Website.
If the User removes its Content from the Website, ORBIOS shall be entitled to store backup copies of user generated Content on the server within 90 days after the removal thereof by the User.
The Website contains (or may contain) links to other websites (websites of the third parties) and articles, photographs, images, graphics, music, sound, video, information, applications, software and other content belonging to or originating from the third parties (the Content of the third parties) which is the result of intellectual activity and protected in accordance with the legislation of England.
ORBIOS shall not be liable for any content posted on the websites of the third parties which the User has access to through the Website or through the Content of the third parties, including inter alia any opinions or statements expressed on the websites of the third parties or in the Content thereof.
Links or guides on how to download files and/or installation of programs of the third parties posted on the Website do not imply the endorsement or approval of these actions by ORBIOS.
Link to any website, a product, service any information of commercial or non-commercial nature posted at this Website, shall not be an endorsement or recommendation of those goods (services) on behalf of ORBIOS.
If the User has decided to leave the Website and go to the third parties’ websites or to use or install the programs of the third parties it shall do it at its own risk and from that moment the Agreement shall no longer apply to the User. In further actions, the User should follow the applicable rules and policies, including the business practices of those persons whose content it is going to use.
Rights and Obligations of ORBIOS
Obligations of ORBIOS are to ensure the provision of technical opportunities for the User to access the Websites and Services in the manner specified herein.
ORBIOS shall be entitled to circularize messages containing logistical or other information about the capabilities of the Service to the Users.
The User shall acknowledge that ORBIOS is not obliged to view the content of any kind before posting and that ORBIOS is entitled to (but not obliged) in its sole discretion to refuse to post or to remove any Content that is available at the Website.
Rights and Obligations of the User
The User shall use the Services for lawful purposes only, observe the legislation in power of England and the rights and lawful interests of ORBIOS.
The User shall not be entitled to display, repeat, copy, sell, resell, and use in any way for any commercial purposes of the Services and (or) any part of the contents of the Services without the consent of ORBIOS or authorized authors and/or rights holders of the results of intellectual property posted on the Website.
The User shall be entitled at any time to stop using the Services and delete its account.
The User shall assess individually all risks associated with the use of the Content, including the assessment of the reliability, completeness, or usefulness of the Content.
The User shall take appropriate measures to ensure the safety of its account (including email address) and password and shall be responsible for all acts committed at the Website under its account (username and password).
The User shall be solely responsible for any actions performed using its account and for any consequences that such use might result in, or caused.
The User shall not attempt to disable or otherwise interfere with any technical protection of the Website. All issues regarding the acquisition of rights of access to the Network, buying and setup for that appropriate equipment and software shall be resolved by the User individually and shall not fall within the Agreement and ORBIOS shall not be responsible for such acts of the User or the third parties.
The User shall not attempt to alter or modify any part of the Website.
The User shall not use ORBIOS Applications for:
- download, sending, transmission or otherwise publication of any Content that is unlawful, harmful, threatening, defamatory, offensive to the morality, infringes copyrights, promotes hatred and/or discrimination against people based on racial, ethnic, sexual, religious or social grounds, contains insults to specific persons or organizations;
- violation of the rights of minors and/or causing of harm to them in any form;
- infringement of the rights of minorities;
- download, sending, transmission or otherwise publication of any Content, which the User is not entitled to publish in accordance with the legislation of England or with any contract relations;
- download, sending, transmission or otherwise publication of any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights and/or copyrights and allied rights of the third party;
- download, sending, transmission or any other method of posting of specially unauthorized advertising information spam (including search), lists of foreign email addresses, pyramid schemes, multi-level (network) marketing (MLM), systems of Internet jobs and e-mail-businesses, chain letters and participation in such activities (sending inconsistent messages with links to Applications provided by ORBIOS including email addresses, websites, bookmarks, etc., can be regarded as participation in activities prohibited by this paragraph, even if the sending was carried out without the direct use of email servers of ORBIOS);
- download, sending, transmission or any other method of posting of any data, containing viruses or any other computer code, files or programs designed to interrupt, destruction or limitation of the functionality of any computer or telecommunications equipment or programs for unauthorized access, and serial numbers for commercial software products and programs for their generation, logins, passwords and other means to gain unauthorized access to paid websites in the Network, and posting of the links to the abovementioned information;
- willful violation of international law;
- collection and storage of personal data of other persons;
- malfunction of the Website;
- the use of any forms and methods of illegal representation of other persons;
- posting of the links to websites, the contents thereof is contrary to the legislation in power of England;
- promotion of actions aimed at violation of the restrictions and prohibitions imposed hereby.
Terms and Conditions for the Acquisition of a Paid Subscription
As part of the Services, ORBIOS provides the Users who have created their account (registered and authorized) at the Website, with the opportunity to purchase an extended subscription (hereinafter – the Subscription) namely, to increase the volume of cloud storage for data and the Content management, purchase of paid applications and access to additional features.
The Subscription price shall be stated in the form of tariff plans on the Website at: Rates. The Subscription price, content thereof, timing and method of payment can be unilaterally changed by ORBIOS without the special notification of the Customer hereon.
The authorized User can carry out payment for Subscription by replenishment of the User’s Account on the Website via:
- electronic funds;
- international payment systems Visa and Mastercard;
- systems of mobile short messages (SMS);
- payment terminals (self-service).
In the context hereof, the User’s Account refers to virtual account that is assigned to the User upon registration of the User on the Website in the personal account of the User and is intended to replenish and pay for Subscription by the User and to display and calculate the funds deposited by the User. The Account reflects the amount of money deposited by the registered User as an advance payment for Subscription.
Payment for Subscription with the use of the Account shall be carried out by margin reduction of funds reflected in the account, according to the cost of the selected Subscription.
The Parties shall acknowledge and agree that ORBIOS is not liable to the User in case of failure to receipt the funds on the Account for reasons beyond the control of ORBIOS including, but not limited to the following reasons: software failure or failure of equipment of banks, telecom operators, payment systems and other payment intermediaries that provide reception of payments for Subscription from Users and their transfer to ORBIOS under the terms hereof.
The Parties shall acknowledge and agree that ORBIOS is not required to provide Subscription to the User prior to the receipt of funds for the Subscription from the User to the account of ORBIOS.
The Parties hereof shall acknowledge and agree that the Subscription shall be deemed provided at the time of its payment by the User.
Responsibility of the Parties
ORBIOS shall not be liable for any technical malfunction or other problems of any telephone network or Applications computer systems, servers or providers, computer or telephone equipment, software, failure of email services or scripts for technical reasons.
ORBIOS shall not be liable for conformance of the Services and the Website on the whole or parts (Applications) thereof to the User’s expectations, error-free and smooth operation of the Website and the Services, termination of the User's access to the Website and to the results of intellectual activity posted on the Website, the losses incurred by the User for reasons related to technical failures of hardware or software.
ORBIOS shall not use any data of the User received during registration for any sordid motives and ensures confidentiality of this data. Disclosure of the information about the User by ORBIOS upon legitimate request of public and regulatory authorities, law enforcement agencies in cases where the disclosure of such information is the responsibility of ORBIOS by the legislation of England or for the purposes of the proper rendering of services shall not be considered a breach hereof.
The User shall be fully liable for the security of its login and password and for any losses that may arise due to their loss. ORBIOS shall not be liable and shall not cover the damages caused by unauthorized third-party use of the login and passwords of the User’s account by the third parties. The User is advised to change its password regularly. All acts performed by a visitor authorized with the username and password of the User shall be considered acts of the User. The User shall be solely liable for all acts performed by an authorized person on its behalf.
ORBIOS shall be entitled to block the access of the User to the Websites and the Services and/or account and/or the Subscription (including paid) in case of violation of the Terms hereof or if ORBIOS deems its actions illegal, including at the legal request of the third parties or public authorities or aimed at reputational damage of ORBIOS, the Websites and the Services thereof. In this case, funds paid for the Service by the User shall be non-refundable and the account of the User shall be blocked.
If the Subscription has been paid by the registered User but has not been received due to the fault of ORBIOS within 30 (thirty) calendar days from the date of the payment due to malfunction of the Website upon the written request of the registered User, directed by mail to the mailing address of ORBIOS, listed on the Website, the User shall be refunded the paid sum by ORBIOS. For the refund the User shall keep the email messages sent by ORBIOS and the bank which confirm the payment until the end of the use of the Service.
ORBIOS shall not be liable for any loss or damage done to the electronic devices of the User or any other person, mobile devices, any other hardware or software arising from or related to the use of the Website and the Services.
ORBIOS shall not be liable to the User or any third parties for any direct or indirect damage, including the loss of profits or lost data, damage to the honor, dignity or business reputation caused in connection with use of the Website and the Services or the results of intellectual activity posted at the Services.
Among other things, ORBIOS shall not be liable to the User or any third parties for:
- the actions of the User at the Website;
- the content and legality of the information used/received by the User at the Website;
- the consequences of the use of the information used/received by the User at the Website.
Should the third parties hold demands, related to the use of the Website and the Services by the User, against ORBIOS, the User shall settle the specified claims with the third parties, using its own resources and at its own expense and having buffered ORBIOS against possible losses and litigations.
This Agreement and the relations between the User and ORBIOS shall be regulated and interpreted according to the legislation of England. Issues, not regulated hereby shall be settled in accordance with the legislation of England. The Parties hereof shall submit to the exclusive jurisdiction of the courts of England in the event of disputes of a legal nature related hereto or to the Website.
The Parties have agreed that all disputes, arising out of the relations of the Parties and regulated hereby, shall be settled by a competent court at the location of ORBIOS with the strict observance of pre-court procedure of settlement of disputes. The Parties shall understand and agree that the pre-court procedure of settlement of disputes related to the technical problems on the Website, established hereby, shall be obligatory in production of the Parties before judicial authorities.
If any provision hereof is invalid or unenforceable for whatever reasons it shall not affect the validity or enforceability of other provisions hereof.
This Agreement shall be in force for the User who uses the Website and the Services for the duration of such use from the moment of the registration till the refusal of registration and use, subject to removal of the account by ORBIOS. This Agreement shall be valid both until the date of the publication hereof and until after the date of the publication hereof at the Website.
This Agreement shall be a public offer of Orbios Ltd. to granting of the right to use the Internet service Orbios (hereinafter – the Agreement). Compliance of the User with the terms hereof (acceptance) shall be the actual use of the Website, Application thereof or the fact of the registration of the User on the Website – if the User has accomplished such a registration. The User shall be any natural person, having duly acceded to this User Agreement.
Questions Regarding the User Agreement
If you have any questions about the Agreement please contact us. When the Agreement is introduced a substantive change the respective notification along with an updated version of the Agreement shall be posted on the website of the Company.
UK, London, Suite 1, 5 Percy Street
Tel. +44 207 060 0580