Terms and conditions
This is a legal agreement ("Agreement") between you and Blue Orb, Inc., a Florida corporation (“Blue Orb"), which may be contacted at 4046 N Goldenrod Road, Winter Park, FL 32792 USA. By accessing the Blue Orb U.S. web site, currently located at www.vrtexter.com (the "Site"), and using any of the Services (as defined below) accessible through the Site, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.
The Blue Orb services consist of the following, without limitation: interactive content and text input services via the Texter ("Content Services"), any premium services offered by or on behalf of Blue Orb ("Premium Services") (collectively, the "Services"). Blue Orb may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. Blue Orb also reserves the right to cease offering any of the Services.
This Agreement is subject to change by Blue Orb in its sole discretion at any time, and any such changes will be posted on the Site. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
Eligibility
Minimum Age. You must be at least 18 years old to use the Site or to register for the Services. By using the Site, you represent and warrant that you are at least 18 years old. Other Services may have other age requirements for all or portion of such Services, and such other age requirements are stated on such Services or portions thereof.
Use of Site and Service
As a user of the Site or a user registered to use any of the Services (a "Registered User"), you agree to the following:
Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Blue Orb is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
Terms and conditions acceptance.
1 Blue Orb, Inc. renders ‘Blue Orb’ services via the following Internet website http://www.vrtexter.com/ on principles set out in this terms and conditions document.
2 By accepting these terms and conditions, the user confirms to have read, understood and accepted its contents.
3 Accepting these terms and conditions is a condition to use products and services provided by Blue Orb, Inc.
4 All users are obliged to observe these terms and conditions.
5 Please keep in mind that Blue Orb, Inc. may modify the provisions of these Terms & Condition and only those currently visible on our website are up to date and valid at the time. However modification shall not adversely affect the main provisions of the agreement such as terms of payment or termination of services. Such changes take place with prior notifying the customer and – if not clearly rejected – are treated as accepted. Therefore, we encourage you to periodically familiarize with the currently effective Terms & Conditions version on our Internet website http://www.vrtexter.com.
6 Further use of products and rendered services after additional modifications in the terms and conditions have been implemented, shall constitute the consent to accept these modifications. Refusal to accept these modifications shall preclude the user from using the offered products and services.
Services description
1 All software, used by users in accordance with its application and purpose defined in these terms and conditions, available on the following website http://www.vrtexter.com/ and provided by Blue Orb, Inc. shall be deemed as service or product.
2 The use of any new services and products available on aforementioned website, after the user has accepted the terms and conditions shall be subject to its provisions.
3 Blue Orb, Inc. is exclusively entitled to decide on functionality, the use, subject matter and the range of particular services and products as well as to cease rendering these services.
4 Blue Orb, Inc. is exclusively authorized to decide on the contents and the nature of the software as well as to freely add, change or remove particular elements.
Access and the use of services
1 Blue Orb, Inc. services and products are exclusively designated for personal and business use and must be used only in accordance with their purpose, application and their general characteristics.
2 Blue Orb, Inc. services and products can be accessed solely by logging on particular websites.
3 Every user is assigned a particular password and login which must not be used by third parties without the user’s consent. The user is responsible for keeping and proper security of his or her password and login.
4 The user must be at least 13 years of age to be able to register and to access his or her Blue Orb account.
5 The user undertakes to use the services and products in accordance with their use, purpose and in the manner consistent with both these terms and conditions and provisions of currently effective law.
6 The user bears full responsibility for all contents, phrases and entries added to the network in connection with the use of offered services and products.
7 The user understands, has become familiar with technical requirements necessary to use the services and products, and has no objections in respect thereof. The user is aware of risk and threats connected with electronic data transmission.
8 Blue Orb, Inc. reserves the right to access individual users’ accounts for the technical and administrative purposes and for security reasons. The obtained information in such a manner shall not be processed or made available to third parties unless required by provisions of law.
Trademarks and copyright
1 “Blue Orb” is a trademark owned by Blue Orb, Inc.
2 The Blue Orb, Inc. service provider states that it has rights to intangible assets in the form of a graphic project of offered services and software, website layout, computer software as well as to all company signs, symbols and trademarks used within its scope of business activity. These assets are protected respectively by: an act dated 4th February 1994- Copyright and Neighboring Rights; an act dated 16th April 1993- Combating of Unfair Competition; an act dated 30th June 2000-Industrial Property Rights; European Union Law and other binding international agreements.
3 All services and products offered by Blue Orb, Inc., which constitute specific works, are its exclusive property and are covered by an act on copyright and neighboring rights
4 Website addresses as well as their contents and layouts are protected by the aforesaid acts.
5 Prior written consent of Blue Orb, Inc. is required for any not permitted business and non-business use of offered services and products. Such consent is required in particular when disseminating and publicizing particular elements (e.g., photos, films, texts) in other Internet services, printed publications, books, multimedia presentations and in other electronic media as well as for the disposal or use of its work (adaptations, alterations, modifications)
6 Unauthorized lending, sale, granting of further licenses and sub-licenses to the offered products and services by the user without express consent of Blue Orb, Inc. is prohibited. Such acts are not deemed to be the proper use of services.
7 The user must not modify or change the purpose and use of offered services and products. Misleading others as to the existence of cooperation, association, relationship or acting on behalf of Blue Orb, Inc. is prohibited.
Payments
1 The use of offered services available on http://www.vrtexter.com/.
2 If the user wishes to use our services he will be requested to make a payment according to currently effective price list.
3 All payments shall be non-cash transactions, conducted electronically by external professional entities.
4 Default in payment according to currently effective price list means resignation from the provided services.
5 The receipts for all payments will be provided electronically and stored in the product as PDF files.
6 The user shall be given a 14-day period notice of all changes in the price list.
Refund Policy
1 Regardless of the billing cycle, we provide no refunds or credits for unused time of the service or plan downgrades if you decide to close your account before the end of your subscription period.
2 There will be no exceptions in order to treat all users equally and to keep our administrative costs low for the ultimate benefit of our customers.
3 Details for trial license, paid subscription and canceling license are described on the refund policy page.
Information Submitted
You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter "post") through the Services; and (iii) your interactions with other Registered Users through the Services.
Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including gaming. You agree to take all necessary precautions when meeting individuals through the VRTexter.
Reporting of Violations. You will promptly report to Blue Orb any violation of the Agreement by others, including but not limited to, Registered Users.
Content Removal. Blue Orb reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. Blue Orb will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party. Blue Orb further reserves the right to remove matches previously delivered to you, in its reasonable discretion, in order to assure that you have a quality experience on the Site.
Posting and Communication Restrictions. You will not post on the Services, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Services, that:
promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;
is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
contains others' copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
intended to defraud, swindle or deceive other users of the Services;
contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
disseminates another person's personal information without his or her permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Site;
impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
solicits gambling or engages in any gambling or similar activity;
uses scripts, bots or other automated technology to access the Site or Services;
uses the Site or Services for chain letter, junk mail or spam e-mails;
collects or solicits personal information about anyone under 18; or
is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
Disclaimer of Warranty
No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Blue Orb PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Blue Orb DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. Blue Orb DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Blue Orb, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Blue Orb DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN Blue Orb. UNDER NO CIRCUMSTANCES WILL Blue Orb BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
Beta Features. From time to time, Blue Orb may offer new "beta" features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Blue Orb's sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
Limitation of Liability
Incidental Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Blue Orb BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF Blue Orb KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL Blue Orb'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID Blue Orb FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
No Liability for non-Blue Orb Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Blue Orb BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
Information Verification. Blue Orb and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that Blue Orb and its contractors will have no liability to you arising from any incorrectly verified information.
Indemnification.
You agree to indemnify, defend and hold harmless Blue Orb, its subsidiary and parent companies, and each of their officers, directors, employees, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third party claim that (a) your use of or inability to use the Site or Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. Blue Orb reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Blue Orb in asserting any available defenses.
Communication and Privacy
We may use your email address to send you messages notifying you of important changes to the Services or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please refer to our Privacy Statement to review your options.
Account closing
1 The user may close his account at any time. Account closing means that the further use of services with the use of current password and login shall no longer be available.
2 The user is responsible for closing his account.
3 Closing the account by the user before the end of settling period for which a payment has been made does not obligate Blue Orb, Inc. to refund the amount for the unused period.
4 Blue Orb, Inc. reserves the right to close user’s account due to gross infringement of the provisions of these terms and conditions or in the event of illegal use of the offered services.
5 Blue Orb, Inc. shall not be liable for damage suffered by the user arisen due to the suspension or closing the account by the user or for other reasons arising from the user’s fault.
Guarantee and limited liability
1 Blue Orb, Inc. guarantees the high quality of its operations to ensure accessibility and continuity of offered services and products in accordance with their use and purpose. No long distance data transmission, however, guarantees 100% security, continuity and accessibility of the provided services.
2 Blue Orb, Inc. does not guarantee compatibility of offered services and products with other producers’ software. The user shall bear responsibility for the choice and consequences following from the use of other software including its applicability to user’s objectives.
3 Blue Orb, Inc. stipulates that opinions given by users do not reflect in any possible manner its views and opinions. Blue Orb, Inc. does not monitor or control users’ opinions on a continual basis; if, however, any opinions in breach with these terms and conditions shall be immediately removed.
4 Blue Orb, Inc. shall bear no liability in particular for:
a) All negative consequences being the result of force majeure,
b) Phrases and entries added to the network in connection with the use of offered services and products,
c) Unlawful and inconsistent with these terms and conditions users’ operations while using offered services and products,
d) Disturbances in accessibility of offered products and services not caused by Blue Orb, Inc.,
e) Damage suffered by the user arisen due to the suspension or closing the account by the user or for other reasons arising from the user’s fault,
f) Damage suffered by the user as a result of a third party using his data that enable him to access the provided services and products,
g) Damage following from the use or the impossibility to use offered products and services including damage actually suffered, the loss of expected benefits, data loss, damage or computer crash, the costs of substitute equipment and software, shut-down, company reputation infringement,
h) Consequences of failure to perform or improper performance of obligations undertaken by other users even though such an obligation has been undertaken using offered products and services.
Privacy policy
Principles of user privacy protection including personal data protection have been described in a separate Privacy Policy. For information regarding Blue Orb’s compliance with the Privacy Shield Frameworks, please visit our Privacy Policy.
Final provisions
All disputes arising in connection with these terms and conditions shall be primarily resolved amicably.
All disputes that cannot be amicably resolved shall be submitted for resolution by Common Court of Law at the location of Blue Orb, Inc. registered office.
The provisions of Civil Code, the act on copyright and neighboring rights, an act on electronic services providing and other provisions of effective law shall be applicable in issues not governed by these terms and conditions.