Acceptance Of Terms
You agree that by using the service you represent that you are legally able to enter into this agreement and you certify to orphiusgroup.com that: (i) you are at least thirteen (13) years of age, or an emancipated minor, or possess legal parental or guardian consent. You affirm that you are over the age of 13 as Orphiusgroup.com is not intended for children under 13; (ii) you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein and you assume full responsibility for the use of the Service by any minors; (iii) you agree that all information you have submitted through the Service, online or otherwise, is accurate and complete, and that you have not knowingly submitted false information on or through the site; and, (iv) your use of the Service is subject to all applicable federal, state, and local laws and regulations.
Terms Applicable To All Services
Our Service is an informative website that provides information of Orphius Group of Companies.
You understand that Clients are not employees or agents of Orphiusgroup.com, nor is Orphiusgroup.com an agent of the Clients. The terms of your relationship with any Client, including terms, conditions, warranties or representations associated with such dealings, are solely between you and such Client. Your rights under any contract you may enter into with any Client are governed by the terms of such contracts and by applicable federal, state and local laws, rules and regulations. Should you have a dispute with any Client, you must address such dispute with the Client directly. You agree not to hold Orphiusgroup.com liable for any loss or damage of any sort incurred as the result of any of your dealings with any Client.
The Service, and any content viewed through our Service, is for your personal and non-commercial use only. During any kind of membership, we grant you a limited, non-exclusive, non-transferable, license to access the Site and Service and view lessons through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
We continually update the Orphiusgroup.com service, including the information and content. In addition, we continually test various aspects of our Service, including our website, user interfaces, service levels, plans, promotional features, delivery and pricing. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our Service. You agree to use the Orphiusgroup.com Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. You agree not to archive, copy, download, reproduce, distribute, retransmit, modify, display, perform, publish, license, create derivative works from, offer for sale, commercially exploit or otherwise use (except as explicitly authorized in these Terms of Service) content and information contained on or obtained from or through the Service without express written permission from Orphiusgroup.com or its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Site or Service; use any robot, spider, scraper or other automated means to access the Site; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site; insert any code or product or manipulate the content of the Site in anyway; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Site, including any software viruses or any other computer code, files or programs.
The availability of contents will change from time to time, and from country to country. The quality of the display may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Orphiusgroup.com makes no representations or warranties about the quality of your experience on your display.
We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Service or (ii) engaged in illegal or improper use of the service.
BY USING THE WEBSITE YOU AGREE NOT TO:
use the Website or any related services, including any Orphiusgroup.com API, for any commercial use or purpose unless expressly permitted by Orphiusgroup.com or associate organization in writing, it being understood that the Website and related services are intended for personal, non-commercial use only;
use the Website for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Website as such services are offered by Orphiusgroup.com; rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials post, upload, or distribute any defamatory, libellous, or inaccurate User Content or other content;
post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Website, or perform any other similar fraudulent activity;
delete the copyright or other proprietary rights notices on the Website, Licensed Content, Licensed Code, or User Content;
assert, or authorize, assist, or encourage any third party to assert, against Orphiusgroup.com or any of its affiliates or licensors, any patent infringement or other intellectual property infringement claim regarding any Licensed Content, Licensed Code, or User Content You have used, submitted, or otherwise made available on or through the Website;
make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Website. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
use the Website for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
defame, harass, abuse, threaten or defraud Users of the Website, or collect, or attempt to collect, personal information about Users or third parties without their consent;
remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, Licensed Content, Licensed Code, or User Content, features that prevent or restrict use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website, Licensed Content, Licensed Code, or User Content;
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
modify, adapt, translate or create derivative works based upon the Website or any part thereof, except and only to the extent expressly permitted by Orphiusgroup.com herein or to the extent the foregoing restriction is expressly prohibited by applicable law; or
intentionally interfere with or damage operation of the Website or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
Third-Party Sites, Products and Services; Links.
The Website may include links or references to other web sites or services solely as a convenience to Users. Orphiusgroup.com does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
Ownership & Proprietary Rights.
The Website is owned and operated by Orphius Group. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Website provided by Orphiusgroup.com are intellectual property of Orphiusgroup.com and are protected by proprietary rights, and applicable laws. Except for any User Content that are provided and owned by Users, all Materials contained on the Website are the property of Orphiusgroup.com or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Orphiusgroup.com or its affiliates and/or third-party licensors. Except as expressly authorized by Orphiusgroup.com, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Orphiusgroup.com reserves all rights to the Materials not expressly granted in the Terms.
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. All content or other materials available on the Sites, including but not limited to code, images, text, layouts, arrangements, displays, illustrations, courses, outlines, audio and video clips, HTML files and other content are the property of Orphiusgroup.com and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights laws. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your User Account. The burden of determining that your use of any information, software or any other content on the Site is permissible rests with you.
You agree to indemnify, defend and hold harmless orphiusgroup.com, including orphiusgroup.com's owners, shareholders, parent entity (orphiusgroup.com), partners, officers, directors, agents, employees, parents, subsidiaries, affiliates, successors, advertisers, clients, contractors, instructors, staff and third party service providers(collectively, "orphiusgroup.com parties"), and hold them each harmless from any and all claims or demands, liabilities, expenses and damages, including reasonable attorney's fees and costs, made by any third party due to or arising from your use or attempted use of the sites, service or online course, your violation of these terms and conditions or your violation of any law or rights of a third party or information that you post or otherwise make available on the site or through the service, or online course, including without limitation, any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Disclaimer Of User Content
Orphiusgroup.com may include content and information containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the User Content (as defined above) on this Site, nor any links to other websites, are screened, moderated, approved, and reviewed by Orphiusgroup.com. Furthermore, no statement shall indicate an endorsement by Orphiusgroup.com. By posting to or viewing such content, forums, etc. you agree that Orphiusgroup.com are not responsible or liable for the content of any postings therein. Orphiusgroup.com reserves the right (but not the obligation) to remove any content in its discretion.
Disclaimer Of Warranties
You expressly understand and agree that: orphiusgroup.com disclaims all warranties. You acknowledge and agree that any access to or use of the sites and service and online courses or such information or services is at your own risk. The site and any information, products or services therein are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, orphiusgroup.com, including orphiusgroup.com parties, expressly disclaims any and all warranties, express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Orphiusgroup.com and the orphiusgroup.com parties do not warrant, and hereby disclaim any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of any content, online course, site, information obtained from a site, or link to a site.
Without limiting the foregoing, orphiusgroup.com, including orphiusgroup.com parties, makes no warranty that (a) the content, service, or sites will meet your requirements or expectations or needs or achieve the intended purposes; (b) the service will be uninterrupted, timely, secure or error-free or that sites are free of viruses or other harmful components; (c) the content, information, results or services obtained through or from the sites or online courses will be accurate, complete, current, error-free, completely secure or reliable ; (d) the site and service will be compatible or continue to be compatible with any specific device; or (e) that defects in or on the sites or online courses will be corrected.
Orphiusgroup.com, including orphiusgroup.com parties, makes no warranty regarding any content on any website, links, goods or services purchased or obtained through the service or any transactions entered into as a result of your use of the service.
None of the orphiusgroup.com parties make any representation regarding your ability to transmit and receive information from or through the sites, and you agree and acknowledge that your ability to access the sites and online courses may be impaired. The orphiusgroup.com parties disclaim any and all liability resulting from or related to such events or the access or use of the online courses or sites or any information or services related to them.
Limitation Of Liability
To the maximum extent permitted by law, you understand and agree that orphiusgroup.com, including orphiusgroup.com parties, will not be liable for loss or damages of any kind including any direct, indirect, incidental, special, consequential or exemplary damages (including without limitation reasonable attorneys' fees, expenses, and court costs) arising out of or relating to these terms of service or your (or any third party's) use or inability to use the service, site, or data loss or your placement of content on a site or your reliance upon information obtained from or through an online course or site, or for cost of procurement of substitute products and services or resulting from any products or services purchased or obtained or messages received or transactions entered into through the service or resulting from unauthorized access to or alteration of your transmission or data or reliance upon information or any web site linked to from the service, or any other potential claims related to the sites, service or online courses, even if orphiusgroup.com, including orphiusgroup.com parties, have been advised of the possibility of those damages. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort or any other legal theory or form of action.
You acknowledge and agree that the disclaimers of warranties and the limitations of liability set forth in this terms of service reflect a reasonable and fair allocation of risk between you and the orphiusgroup.com parties, and that these limitations are an essential basis to orphiusgroup.com's ability to make the site and services available to you on an economically feasible basis.You agree that any cause of action related to orphiusgroup.com site and services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
You hereby agree to release, remise and forever discharge orphiusgroup.com and orphiusgroup.com parties and each of their respective agents, directors, officers, employees and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with your use of the site and services.
You agree that Orphiusgroup.com may, in their sole discretion and without prior notice, immediately terminate your access and use of the Site, Service or your participation in it thereof, for any reason or no reason and that none of thexOrphiusgroup.com Parties shall have any liability to you for any such action. You further acknowledge that Orphiusgroup.com has the right to add, edit, remove, cancel, delay, reschedule or alter the format of any Online Course or any other content at any time, and that none of the Orphiusgroup.com Parties shall have any liability to you for any such action. If you no longer desire to participate in the Site, you may terminate your participation therein.
Modification To Service
If any part of these Terms and Conditions is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. These Terms and Conditions are personal to you and you may not transfer, delegate or assign these Terms and Conditions to anyone.
Any attempt by you to assign or delegate these Terms and Conditions shall be null and void. Orphiusgroup.com may assign these Terms and Conditions at its sole discretion.
No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service.
No failure of either party to exercise or enforce any of its rights under these Terms and Conditions will act as a waiver of such rights.
Entire Terms Of Service