Terms Of Services
The
terms of this agreement ("Terms of Service") govern the relationship
between you and ORIENTPRO - LAM AN INVESTMENT & TRADE.,Jsc (hereinafter
"ORIENTPRO" or "Us" or "We") regarding your use
of ORIENTPRO's applications, games, websites and related services (the
"Service"). Use of the Service is also governed by
ORIENTPRO's Privacy Policy and other relevant policies, which are
incorporated herein by reference.
Before
accessing or using the Service, including browsing any ORIENTPRO website or
accessing a game, you must agree to these Terms of Service and the Privacy
Policy. You may also be required to register an account on the Service (an
"Account"). By registering for an Account or otherwise using the
Service, you represent that you are age 13 or older. If you are between the
ages of 13 and 17, you represent that your legal guardian has reviewed and agreed
to these Terms. If you access the Service from a Social Networking Site
("SNS"), such as Facebook or Google+, you shall comply with its terms
of service/use as well as these Terms of Service.
BY
INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS
OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT
INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE
PROHIBITED.
ORIENTPRO
Mobile reserves the right, at its discretion, to change, modify, add or remove
portions of these Terms of Service, its Privacy Policy and other relevant ORIENTPRO
Mobile policies at any time by posting the amended terms on the ORIENTPRO
Service. You will be deemed to have accepted such changes by continuing to use
the Service. If at any point you do not agree to any portion of the
then-current version of our Terms of Service, the ORIENTPRO Privacy Policy,
or any other ORIENTPRO policy, rules or codes of conduct relating to your use
of the Service, your license to use the Service shall immediately terminate,
and you must immediately stop using the Service.
1. License
1.1. Grant of a Limited License to Use the Service
Subject
to your agreement and continuing compliance with these Terms of Service and any
other relevant ORIENTPRO policies, ORIENTPRO grants you a non-exclusive,
non-transferable, non-sublicensable, revocable and
limited license to access and use the Service for your own non-commercial
entertainment purposes. You agree not to use the Service for any other purpose.
The
following restrictions apply to the use of the Service:
§
You shall not create an
Account or access the Service if you are under the age of 13; You shall restrict use by minors, and you will deny access
to children under the age of 13. You accept full responsibility for any
unauthorized use of the Service by minors. You are responsible for any use of
your credit card or other payment instrument (e.g. paypal)
by minors.
§
You shall not (or
attempt to) purchase, sell, rent or give away your Account, create an Account
using a false identity or information, or on behalf of someone other than
yourself; You shall not use the Service if you have previously been removed by
ORIENTPRO, or previously been banned from playing any ORIENTPRO app.
§
You shall use your
Account only for non-commercial purposes; You shall
not use the Service to advertise, or solicit, or transmit any commercial
advertisements, including chain letters, junk or spam e-mail or repetitive or
misleading messages to anyone.
Login information and Your Account
You
may be required to select a password for your Account or you may also use other
credentials to access the Account ("Login Information"). You shall
not share the Account or the Login Information, nor let anyone else access your
Account or do anything else that might jeopardize the security of your Account.
In the event you become aware of or reasonably suspect any breach of security,
including without limitation any loss, theft, or unauthorized disclosure of the
Login Information, you must immediately notify ORIENTPRO and modify your
Login Information. You are solely responsible for maintaining the
confidentiality of the Login Information, and you will be responsible for all
uses of the Login Information, including purchases, whether or not authorized
by you. You are responsible for anything that happens through your
Account.
ORIENTPRO
Mobile reserves the right to remove or reclaim any usernames at any time and
for any reason, including but not limited to claims by a third party that a
username violates the third party's rights.
The
Service supports only one Account per game on a supported device.
License Limitations
Any
use of the Service in violation of these License Limitations is strictly
prohibited, can result in the immediate revocation of your limited license and
may subject you to liability for violations of law.
You
agree that you will not, under any circumstances:
§
Engage in any act that
ORIENTPRO deems to be in conflict with the spirit or intent of the Service or
make improper use of ORIENTPRO's support services.
§
Use or take part
(directly or indirectly) in the use of cheats, exploits, automation software,
bots, hacks, mods or any unauthorized third-party software designed to modify
or interfere with the Service, any ORIENTPRO app or any ORIENTPRO app
experience.
§
Modify or cause to be
modified any files that are a part of the Service or any ORIENTPRO app
without ORIENTPRO's express written consent.
§
Disrupt, interfere with
or otherwise adversely affect the normal flow of the Service or otherwise act
in a manner that may negatively affect other users' experience when using the
Service or playing ORIENTPRO's games. This includes win trading and any other
kind of manipulation of rankings, taking advantage of errors in the Service to
gain an unfair edge over other players and any other act that intentionally
abuses or goes against the design of the Service.
§
Disrupt, overburden, or
aid or assist in the disruption or overburdening of any computer or server
("Server") used to offer or support the Service or any ORIENTPRO
game environment.
§
Institute, assist, or
become involved in any type of attack, including without limitation
distribution of a virus, denial of service attacks upon the Service, or other
attempts to disrupt the Service or any other person's use or enjoyment of the
Service.
§
Attempt to gain
unauthorized access to the Service, Accounts registered to others or to the
computers, Servers, or networks connected to the Service by any means other
than the user interface provided by ORIENTPRO, including but not limited to,
by circumventing or modifying, attempting to circumvent or modify, or
encouraging or assisting any other person to circumvent or modify, any
security, technology, device, or software that is part of the Service.
§
Post any information
that is abusive, threatening, obscene, defamatory, libelous, or racially,
sexually, religiously, or otherwise objectionable or offensive or engage in
ongoing toxic behavior, such as by repeatedly posting information on an
unsolicited basis.
§
Post any information
that contains nudity, excessive violence, or offensive subject matter or that
contains a link to such content.
§
Attempt to, or harass,
abuse, or harm, or advocate or incite harassment, abuse, or harm of another
person, group, including ORIENTPRO employees, including ORIENTPRO's
customer service representatives.
§
Make available through
the Service any material or information that infringes any copyright,
trademark, patent, trade secret, right of privacy, right of publicity, or other
right of any person or entity or impersonates any other person, including
without limitation a ORIENTPRO employee.
§
Reverse engineer,
decompile, disassemble, decipher or otherwise attempt to derive the source code
for any underlying software or other intellectual property used to provide the
Service or any ORIENTPRO app, or to obtain any information from the Service
or any ORIENTPRO app using any method not expressly permitted by ORIENTPRO
Mobile.
§
Solicit or attempt to solicit
Login Information or any other login credentials or personal information from
other users of the Service or any ORIENTPRO app.
§
Collect or post anyone's
private information, including personally identifiable information (whether in
text, image or video form), identification documents, or financial information
through the Service.
ORIENTPRO
Mobile reserves the right to determine what conduct it considers to be in
violation of the rules of use or otherwise outside the intent or spirit of
these Terms of Service or the Service itself. ORIENTPRO reserves the right to
take action as a result, which may include terminating your Account and
prohibiting you from using the Service in whole or in part.
1.2. Suspension and Termination of Account and Service
WITHOUT
LIMITING ANY OTHER REMEDIES, ORIENTPRO MAY LIMIT, SUSPEND, TERMINATE, MODIFY,
OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR
ORIENTPRO SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF
SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE,
WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE
SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY
BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE
OF THE SERVICE, AND ORIENTPRO IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR
ANY SUCH LOSSES OR RESULTS.
WITHOUT
LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND
USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND
THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE
TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE
BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING
THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY
WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY,
WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE
ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL
PROPERTY RIGHTS.
ORIENTPRO
MOBILE RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR
180 DAYS.
ORIENTPRO
Mobile reserves the right to stop offering and/or supporting the Service or a
particular game or part of the Service at any time, at which point your license
to use the Service or a part thereof will be automatically terminated. In such
event, ORIENTPRO shall not be required to provide refunds, benefits or other
compensation to users in connection with such discontinued Service. Termination
of your Account can include disabling your access to the Service or any part
thereof including any content you submitted or others submitted.
You
may terminate your Account at any time and for any reason by following the
process described on our support page located at https://orlproducts.com/ informing ORIENTPRO that you wish to terminate your
Account.
2. Ownership
2.1. Games and Service
All
rights, title and interest in and to the Service (including without limitation
any games, titles, computer code, themes, objects, characters, character names,
stories, dialogue, catch phrases, concepts, artwork, animations, sounds,
musical compositions, audio-visual effects, methods of operation, moral rights,
documentation, in-game chat transcripts, character profile information,
recordings of games played using a ORIENTPRO app client, and the ORIENTPRO
game clients and server software) are owned by ORIENTPRO. ORIENTPRO
reserves all rights, including without limitation, all intellectual property
rights or other proprietary rights, in connection with its games and the
Service.
2.2. Accounts
NOTWITHSTANDING
ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE
NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER
ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL
FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF ORIENTPRO.
2.3. Virtual Items
ORIENTPRO
Mobile owns, has licensed, or otherwise has rights to use all of the content
that appears in the Service or in ORIENTPRO apps. Notwithstanding any
provision to the contrary herein, you agree that you have no right or title in
or to any content that appears in the Service, including without limitation the
virtual goods or currency appearing or originating in any ORIENTPRO app,
whether earned in a game or purchased from ORIENTPRO, or any other attributes
associated with an Account or stored on the Service.
3. User Content
3.1. Submission of User Content
"User
Content" means any communications, images, sounds, and all the material,
data, and information that you upload or transmit through a ORIENTPRO app
client or the Service, or that other users upload or transmit, including
without limitation any chat text. By transmitting or submitting any User
Content while using the Service, you affirm, represent and warrant that such
transmission or submission is (a) accurate and not confidential or misleading;
(b) not in violation of any laws, contractual restrictions or other third party
rights, and that you have permission from any third party whose personal
information or intellectual property is comprised in the User Content; (c) free
of viruses, adware, spyware, worms or other malicious code; and (d) you
acknowledge and agree that any of your personal information within such content
will at all times be processed by ORIENTPRO in accordance with its Privacy
Policy.
3.1.1. Content Screening
ORIENTPRO
Mobile assumes no responsibility for the conduct of any user submitting any
User Content, and assumes no responsibility for monitoring the Service for
inappropriate content or conduct. We do not, and cannot, pre-screen or monitor
all User Content. Your use of the Service is at your own risk. By using the
Service, you may be exposed to User Content that is offensive, indecent or
otherwise not in line with your expectations. You bear all risks associated
with the use of any User Content available in connection with the Service. At
our discretion, our representatives or
technology may monitor and/or record your
interaction with the Service or communications (including without limitation
chat text) when you are using the Service.
By
entering into these Terms of Service, you hereby provide your irrevocable
consent to such monitoring and recording. You acknowledge and agree that you
have no expectation of privacy concerning the transmission of any User Content,
including without limitation chat text or voice communications.
ORIENTPRO
Mobile reserves the right in its sole discretion to review, monitor, prohibit,
edit, delete, disable access to or otherwise make unavailable any User Content
(including without limitation your User Content) without notice for any reason
or for no reason at any time. If at any time ORIENTPRO chooses, in its sole
discretion, to monitor the Service, ORIENTPRO nonetheless assumes no
responsibility for User Content and assumes no obligation to modify or remove
any inappropriate User Content. We have the right, but not the obligation, in
our sole discretion to edit, refuse to post, or remove any User Content.
3.2. Information Use by Other Members of the Service
3.2.1. Public Discourse
The
Service may include various forums, blogs and chat features where you can post
User Content, including your observations and comments on designated topics.
ORIENTPRO cannot guarantee that other members will not use the ideas and
information that you share. Therefore, if you have an idea or information that
you would like to keep confidential and/or don't want others to use, do not
post it on the Service. ORIENTPRO shall have no responsibility to evaluate,
use or compensate you for any ideas or information you may choose to submit.
3.2.2. Responsible For Your Own Content
You
are solely responsible for the information that you post on, through or in
connection with the Service and that you provide to others. ORIENTPRO may
reject, refuse to post or delete any User Content for any or no reason, including,
but not limited to, User Content that in the sole judgment of ORIENTPRO
violates these Terms of Service.
3.2.3. Your License to ORIENTPRO
You
hereby grant to ORIENTPRO an irrevocable, perpetual, transferable, fully
paid-up, royalty-free, worldwide license (including the right to sublicense and
assign to third party) and right to copy, reproduce, fix, adapt, modify, create
derivative works from, manufacture, commercialize, publish, distribute, sell,
license, sublicense, transfer, lease, transmit, publicly display, publicly
perform, or provide access to electronically, broadcast, communicate to the
public by telecommunication, display, perform, enter into computer memory, and
use and practice, in any way, your User Content as well as all modified and
derivative works thereof in connection with our provision of the Service,
including marketing and promotions of the Service. You also hereby grant to
ORIENTPRO the right to authorize others to exercise any of the rights granted
to ORIENTPRO under these Terms of Service. You further hereby grant to ORIENTPRO
Mobile the unconditional, irrevocable right to use and exploit your name,
likeness and any other information or material included in any User Content and
in connection with any User Content, without any obligation to you. Except as
prohibited by law, you waive any rights of attribution and/or any moral rights
you may have in your User Content, regardless of whether your User Content is
altered or changed in any manner. ORIENTPRO does not claim any ownership
rights in your User Content and nothing in these Terms of Service is intended
to restrict any rights that you may have to use and exploit your User Content.
ORIENTPRO has no obligation to monitor or enforce your intellectual property
rights in or to your User Content.
3.3. User Interactions
You
are solely responsible for your interactions with other users of the Service
and any other parties with whom you interact through the Service and/or ORIENTPRO
Mobile games. ORIENTPRO reserves the right, but has no obligation, to become
involved in any way with these disputes. You will fully cooperate with ORIENTPRO
Mobile to investigate any suspected unlawful, fraudulent or improper activity,
including, without limitation, granting ORIENTPRO access to any password-protected
portions of your Account.
If
you have a dispute with one or more users, you release us (and our officers,
directors, agents, subsidiaries, joint ventures and employees) from claims,
demands and damages (actual and consequential) of every kind and nature, known
and unknown, arising out of or in any way connected with such disputes.
4. Fees and Purchase Terms
4.1.Purchases
In
the Service you may purchase, with "real world" money, a limited,
personal, non-transferable, non-sublicensable, revocable
license to use (a) "virtual currency", including but not limited to
virtual cash or diamonds, all for use in ORIENTPRO apps; (b) "virtual
in-game items" (together with "virtual currency", "Virtual
Items"); and (c) other goods or services ("Merchandise"). You
are only allowed to purchase Virtual Items from us or our authorised partners through the Service, and not in any
other way.
ORIENTPRO
Mobile may manage, regulate, control, modify or eliminate Virtual Items and/or
Merchandise at any time, with or without notice. ORIENTPRO shall have no
liability to you or any third party in the event that ORIENTPRO exercises any
such rights.
The
transfer of Virtual Items and Merchandise is prohibited except where expressly
authorized in the Service. Other than as expressly authorized in the Service,
you shall not sell, purchase, redeem or otherwise transfer Virtual Items or
Merchandise to any person or entity or attempt any of the aforesaid, including
but not limited to ORIENTPRO, another user or any third party.
ALL
PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL
AND NON-REFUNDABLE.
The
provision of Virtual Items for use in ORIENTPRO apps is a service provided
by ORIENTPRO that commences immediately upon acceptance by ORIENTPRO of
your purchase.
4.2. Payment of Fees
You
agree to pay all fees and applicable taxes incurred by you or anyone using an
Account registered to you. ORIENTPRO may revise the pricing for the goods and
services offered through the Service at any time. YOU ACKNOWLEDGE THAT ORIENTPRO
MOBILE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL
NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN
ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
5. Updates to the Service
You
understand that the Service is an evolving one. ORIENTPRO may require that
you accept updates to the Service and to ORIENTPRO's games you have installed
on your device or computer. You acknowledge and agree that ORIENTPRO may update
the Service and ORIENTPRO apps, with or without notifying you. You may need
to update third party software from time to time in order to receive the
Service and play ORIENTPRO apps.
6. Disclaimer of Warranties
WITHOUT
LIMITING ORIENTPRO'S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE,
WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF
TRADE. ORIENTPRO DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE
THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR
CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS
WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties.
Accordingly, some of the above disclaimers may not apply to you.
7. Limitation of Liability; Sole and Exclusive Remedy;
Indemnification
TO
THE MAXIMUM EXTENT PERMITTED BY LAW, ORIENTPRO SHALL NOT BE LIABLE TO YOU FOR
ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR
DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA
OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE
QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR
THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT ORIENTPRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, ORIENTPRO SHALL NOT BE LIABLE
TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO ORIENTPRO IN ACCORDANCE WITH
THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON
WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT
PAID ANYTHING TO ORIENTPRO DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND
ORIENTPRO'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH ORIENTPRO IS TO STOP
USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
NOTHING
IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR
EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT OF ORIENTPRO OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY
NEGLIGENCE OR FRAUD OF ORIENTPRO.
You
agree to indemnify, defend and hold ORIENTPRO (and our officers, directors,
agents, subsidiaries, joint ventures and employees) harmless from any claim,
demand, damages or other losses, including reasonable attorneys' fees, asserted
by any third-party resulting from or arising out of your use of the Service, or
any breach by you of these Terms of Service, however the foregoing does not
apply if the infringement of rights is not attributable to your intentional or
negligent behavior.
8. Dispute Resolution and Law
If
a dispute arises between you and ORIENTPRO, we strongly encourage you to
first contact us directly to seek a resolution by going to our customer support
site at orlproducts.com.
9. Severability
You
and ORIENTPRO agree that if any portion of these Terms of Service or of the
ORIENTPRO Privacy Policy is found illegal or unenforceable, in whole or in
part by any court of competent jurisdiction, such provision shall, as to such
jurisdiction, be ineffective solely to the extent of such determination of
invalidity or unenforceability without affecting the validity or enforceability
thereof in any other manner or jurisdiction and without affecting the remaining
provisions of the terms, which shall continue to be in full force and effect.
10. General Provisions
10.1. Assignment
ORIENTPRO
Mobile may assign or delegate these Terms of Service and/or the ORIENTPRO
Privacy Policy, in whole or in part, to any person or entity at any time with
or without your consent. You may not assign or delegate any rights or
obligations under the Terms of Service or Privacy Policy without ORIENTPRO's
prior written consent, and any unauthorized assignment and delegation by you is
ineffective.
10.2. Supplemental Policies
ORIENTPRO
Mobile may publish additional policies related to specific services such as
forums, contests or loyalty programs. Your right to use such services is
subject to those specific policies and these Terms of Service.
10.3. Entire Agreement
These
Terms of Service, any supplemental policies and any documents expressly
incorporated by reference herein (including the ORIENTPRO Privacy Policy),
contain the entire understanding of you and ORIENTPRO, and supersede all
prior understandings of the parties hereto relating to the subject matter
hereof, whether electronic, oral or written, or whether established by custom,
practice, policy or precedent, between you and us with respect to the Service.
10.4. No Waiver
The
failure of ORIENTPRO to require or enforce strict performance by you of any
provision of these Terms of Service or the ORIENTPRO Privacy Policy or
failure to exercise any right under them shall not be construed as a waiver or
relinquishment of ORIENTPRO's right to assert or rely upon any such provision
or right in that or any other instance.
The
express waiver by ORIENTPRO of any provision, condition, or requirement of
these Terms of Service or the ORIENTPRO Privacy Policy shall not constitute a
waiver of any future obligation to comply with such provision, condition or
requirement.
Except
as expressly and specifically set forth in this these Terms of Service, no
representations, statements, consents, waivers, or other acts or omissions by
ORIENTPRO shall be deemed a modification of these Terms of Service nor
legally binding, unless documented in physical writing, hand signed by You and
a duly appointed officer of ORIENTPRO.
10.5. Notices
We
may notify you via postings on www.orlproducts.com, and via e-mail or any other communications means
to contact information you provide to us. All notices given by you or required
from you under these Terms of Service or the ORIENTPRO Privacy Policy shall
be in writing and addressed to: ORIENTPRO. Any notices
that you provide without compliance with this Section on Notices shall have no
legal effect.
10.6. Equitable Remedies
You
acknowledge that the rights granted and obligations made under these Terms of
Service to ORIENTPRO are of a unique and irreplaceable nature, the loss of
which shall irreparably harm ORIENTPRO and which cannot be replaced by
monetary damages alone so that ORIENTPRO shall be entitled to injunctive or
other equitable relief (without the obligations of posting any bond or surety
or proof of damages) in the event of any breach or anticipatory breach by you.
You
irrevocably waive all rights to seek injunctive or other equitable relief, or
to enjoin or restrain the operation of the Service or any ORIENTPRO app,
exploitation of any advertising or other materials issued in connection
therewith, or exploitation of the Service or any content or other material used
or displayed through the Service and agree to limit your claims to claims for
monetary damages, limited by Section 7 (if any).
10.7. Force Majeure
ORIENTPRO
Mobile shall not be liable for any delay or failure to perform resulting from
causes outside the reasonable control of ORIENTPRO, including without
limitation any failure to perform hereunder due to unforeseen circumstances or
cause beyond ORIENTPRO's control such as acts of God, war, terrorism, riots,
embargoes, acts of civil or military authorities, fire, floods, accidents,
strikes, or shortages of transportation facilities, fuel, energy, labor or
materials.