Ten Oranges Terms of Service
Last Updated: April 4,
2009
Ten
Oranges (10oranges.com) Terms of Service
These
terms of service (collectively "Terms of Service") govern your use
and access to the website located at http://www.10oranges.com
(the “Site”), operated by Ten Oranges.
This is a legal agreement between you and Ten Oranges ("Ten
Oranges", “10oranges.com” or "us"). By using, accessing or registering as a member of the
10oranges.com site, you agree to be bound by and hereby become a party to all
the terms of this Agreement. You may not use 10oranges.com if you do not agree
with the terms and conditions in these Terms of Service.
Ten
Oranges can amend this Agreement by emailing you about the amended terms; these
terms will take effect when Ten Oranges sends you the email. We can also post the amended terms on
10oranges.com; these changes will take effect when we post them. If you continuing to access or use the
10oranges.com after any such amendment, you agree to be bound by the terms of
the amended Agreement.
Ten
Oranges allows you to review and post ratings and reviews of products and
services. In order to post ratings and
reviews, you are required to first register on the site and agree to these
Terms and Conditions.
Ten
Oranges is not targeted towards, nor intended for use by anyone under the age
of 18. By using the site 10oranges.com, you represent and warrant that you are
18 years of age or older. If you are not at least 18 years of age, do not use,
access or register for the 10oranges.com.
If we become aware that you are under the age of 18, we will terminate
your registration.
Ten
Oranges may modify any and all features as well as any User Content at Ten
Oranges’ sole discretion, at any time without prior notice. Any new features,
services, or modifications to 10oranges.com implemented after your initial
access to the Site shall be subject to these Terms of Service. Ten Oranges does
not actively monitor, and is under no obligation to monitor or modify any
reviews, data, text, User profile information, sounds, messages, photographs,
graphics, video, or other materials made available via the Ten Oranges Site by
any User; all of these terms are collectively defined as "User Content".
Ten Oranges reserves the right, however, to investigate and take appropriate
action, including legal action, in its sole discretion, against anyone who
violates these Terms of Service, including without limitation, removing any
User Content that Ten Oranges deems as posted in violation of these Terms of
Service, terminating the registration of such violators or blocking such
violators' use of the Ten Oranges Site.
To
become a registered "Member" of 10oranges.com, you are required to
provide a valid email address and password.
Membership on 10oranges.com is required to access certain features on
the site. As part of registering, you
agree that the information you provide in the registration application is
accurate and that you will inform Ten Oranges immediately upon any changes to
such information. You may not enter a
false name or an email address of someone else with the intent to impersonate
that person. Failure to comply shall
constitute a material breach of these Terms of Service and can results in Ten
Oranges terminating your account.
By
completing the membership application and becoming a Member, you are allowed
you to post content on 10oranges.com. As a condition of use and membership, you
agree that we may contact you for the purpose of informing you of changes to
this Agreement or to notify you of new services available.
You
are required to maintain the confidentiality of your password and are
responsible for all activities that occur under our account. Any account you create is only for your
personal, non-commercial use. You agree
to notify Ten Oranges immediately of any unauthorized use of your account.
Ten
Oranges does not control use of content posted on the site and does not
guarantee the accuracy, integrity or quality of such User Content.
You
understand and agree that Ten Oranges does not endorse, support, sanction,
encourage, verify, or agree with the comments, opinions, or statements or other
User Content posted on or otherwise displayed on or transmitted via the 10oranges.com
site, or make any promises, guarantees or warranties with respect to any of the
User Content or products, services, information, content or materials featured
or mentioned on the 10oranges.com site. All User Content, including advice and
opinions posted by Users, comprises the views and responsibility of those who
post such User Content, and does not necessarily represent the views of Ten
Oranges. You understand that, by using the Ten Oranges Site, you may be exposed
to User Content that is offensive, indecent or objectionable.
Ten
Oranges does not warrant, endorse, sanction, or support product descriptions,
pricing, opinions, ratings, or any other content of the 10oranges.com site,
regardless of its source. Ten Oranges
content is provided for informational purposes only and is not an endorsement
by Ten Oranges of any product, merchant, seller or service. You should not rely
on such information, especially if its inaccuracy would cause you to suffer any
loss. Ten Oranges assumes no liability for inaccuracy or incompleteness of any
content on 10oranges.com.
IN
NO EVENT WILL TEN ORANGES BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY
DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE
THAT IS RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER
CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES
ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT
OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS
ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER
CONTENT.
Ten
Oranges provides information regarding products and third party merchants, and
links to third party merchants who are selling products displayed on the Site.
All products displayed on 10oranges.com are sold by third party merchants, and
are not sold by Ten Oranges.
Ten
Oranges does not sell, resell or license any products listed on the
10oranges.com, nor is Ten Oranges acting as an agent of sale. Ten Oranges
disclaims any responsibility for, or liability related to, such products. Any
question, complaints or claims should be directed to the appropriate merchant
or seller.
Participating
merchants and other third parties may pay Ten Oranges to be presented on
10oranges.com or to have their product or service offerings highlighted on the
Site. They may also purchase research
from Ten Oranges. Any and all payments
received by Ten Oranges will not affect the ratings or reviews given to any
merchant by participating members.
You
may download, view and print a single copy of any content, solely for your
personal and non-commercial purposes, subject to the restrictions set forth in
this Agreement. All content appearing on 10oranges.com, will remain the
exclusive property of Ten Oranges and its licensors. Except as expressly
permitted in this Agreement, you may not reproduce, modify or prepare
derivative works based upon, distribute, sell, transfer, publicly display,
publicly perform, transmit, or otherwise use any other content appearing on the
10oranges.com. You may not copy or modify the HTML code used to generate web
pages on the 10oranges.com. You may not use 10oranges.com, or any other content
appearing on 10oranges.com, on or in connection with any other website, for any
purpose. You may not reformat or frame
any portion of any pages that are on the 10oranges.com site. You may also not create accounts in an
automated manner. You may not send
“spam” or other unsolicited communications to other Ten Oranges users. You may not download, modify, reproduce,
adapt, translate, reverse engineer, create derivative works based upon,
publicly display, sell rent, license or in any way commercially exploit any
portion of the Ten Oranges site (10oranges.com), except and to the extent
expressly permitted under these Terms of Service;
If
you contribute content to 10oranges.com, you warrant that you are the author
and owner of the intellectual property rights thereto, and you grant
10oranges.com a worldwide, perpetual, irrevocable, royalty-free, transferable
right and license to use, copy, modify, delete, adapt, publish, translate,
create derivative works from and/or sell and/or distribute such materials
and/or incorporate such materials into any form, medium or technology without
compensation to you. You also warrant that all moral rights or "droit moral" that you may have in those materials have been voluntarily waived
by you. None of the materials shall be subject to any obligation of confidence
on the part of Ten Oranges, its agents, subsidiaries, affiliates, co-brand
partners or other partners and their respective directors, officers and
employees. Ten Oranges reserves the right to change, condense or delete any
content on 10oranges.com that Ten Oranges deems, in its sole discretion, to
violate this Agreement.
As part of
this Terms of Service, you agree that you shall not post any information that
is known by you to be false, inaccurate or misleading, that
infringes any third party's copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy, that violates any law,
statute, ordinance or regulation (including, but not limited to, those
governing export control, consumer protection, unfair competition,
anti-discrimination or false advertising), or may reasonably be considered to
be, defamatory, libelous, hateful, racially or religiously biased or offensive,
unlawfully threatening or unlawfully harassing to any individual, partnership
or corporation. You also agree not to
post content that you were compensated or granted any consideration by any
third party. You agree not to post
content that contains personal information like addresses, email addresses,
contact information or phone numbers.
You agree not to post content that contains any computer viruses, worms
or other potentially damaging materials.
As
part of this agreement, you are allowed to republish your content on other
websites. In this case, we request
that you provide links or references to 10oranges.com, however, this is not
mandatory.
All
content available on the 10oranges.com, including site design, text, graphics,
interfaces, and the selection of arrangements thereof is copyrighted by Ten
Oranges, with all rights reserved, or is the property of Ten Oranges or third
parties protected by intellectual property rights.
Ten
Oranges’s service marks/trademarks may not be used in connection with any
product or service that is not provided by Ten Oranges, in any matter that is
likely to cause confusion among customers, or in any manner that disparages or
discredits Ten Oranges.
If
you believe content on the Ten Oranges infringes your copyright, you should
send notice of copyright infringement to Ten Oranges Copyright Agent. Your
notice must meet the requirements of the Digital Millennium Copyright Act (as
required under 17 U.S.C. §512) by providing the following information:
The notice should be mailed to:
Ten Oranges
573 S. Morningstar Dr.
Anaheim Hills, CA 92808
U.S.A.
Ten
Oranges may display advertisements from third parties, including banner
advertisements, pop-ups, and links to third party sites on the 10oranges.com
site. Ten Oranges is not responsible
for the content of such advertisements or links, any products, services or
other materials relating to such advertisements, including links referenced by
those sites. The display of any advertisement or link does not imply
endorsement by Ten Oranges of the advertisement or linked site or any content
therein. IN NO EVENT WILL TEN ORANGES BE LIABLE, DIRECTLY OR INDIRECTLY, TO
ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED
USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE TEN ORANGES SITE
(10oranges.com), ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH
ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINKS REFERENCED BY THOSE
SITES.
You
can cancel your account by emailing support@10oranges.com. If you do not access your account for more
than 6 months, Ten Oranges may choose to assume that you intended to terminate
your account. Upon account termination,
Ten Oranges, at its sole discretion, may stop publicly displaying part or all
of your posted content.
TEN
ORANGES (10oranges.com) OR ITS AFFILIATES,DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, OR REPRESENTATIVES SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING
NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH TENORANGES AND ITS PARENT,
SUBSIDIARY OR AFFILIATE COMPANIES, OUR SERVICES OR THIS AGREEMENT. If
you have a dispute with one or more users of 10oranges.com, you, on behalf of
yourself (and any of your officers, directors, employees, agents, predecessors,
successors and assigns), hereby irrevocably, release and discharge Ten Oranges,
our officers, directors, employees, attorneys, predecessors, successors,
assigns and agents from, against and in respect of all past, present and future
claims, rights, actions, causes of action, suits, indemnification obligations,
losses, liabilities, matters, issues, cost, and expenses, of any kind or nature
whatsoever, including without limitation court costs and attorneys' fees,
whether known or unknown, concealed or hidden, fixed or contingent, suspected
or unsuspected, in law or in equity concerning, related to, or arising out of
any such disputes. WE AND OUR
SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN ONE HUNDRED ($100) UNITED
STATES DOLLARS. CERTAIN STATE LAWS DO
NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS
OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT,
YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH
SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES
NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR."
CERTAIN
STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY
NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By
choosing to use 10oranges.com, you agree to indemnify Ten Oranges, its
officers, agents, partners, and employees from any and all claims or damage,
including reasonable attorney's fees, made by third parties due to, or arising
out of Content you submit, post, or transmit through 10oranges.com, your
violation of the Terms of Service, or any use of your account on 10oranges.com
by you or any 3rd party.
This
Agreement is governed by California law as such laws apply to Agreements
entered into and to be performed entirely within California between California
residents and without regard to conflict of laws. Any claim arising out of or
relating to this Agreement or the 10oranges.com site shall be settled by
binding arbitration in Orange County, California in accordance with the
American Arbitration Association's commercial arbitration rules. Any such claim
shall be arbitrated on an individual basis, not consolidated with another
party's claim. Each of us may conduct discovery per California CCPA §1283.05
and §1283.1. Judgment on the arbitration award may be entered into any court
with jurisdiction, and the arbitrator's award shall not be appealable or
reviewable except as permitted by California law. Each of us may seek interim
relief from a Orange County, California court to protect the party's rights or
property while arbitration is pending.
Further, Ten Oranges option, we may bypass arbitration in cases of fraud
or other crimes against us, interference with our technical operations or
violations of our rights or property.
TEN
ORANGES AND ITS SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR
CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE EXPLICITLY DISCLAIM
ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET
ENJOYMENT OR NON-INFRINGEMENT.
We
do not promise or warrant that any aspect of the site or system will work
properly or will be continuously available. The 10oranges.com site may contain
links to third-party websites or resources. You acknowledge and agree that we
are not responsible or liable for: (i) the availability or accuracy of such
websites or resources; or (ii) the content, products, or services on or
available from such websites or resources. Links to such websites or resources
do not imply any endorsement of such websites or resources or the content, products,
or services available from such websites or resources. You acknowledge sole
responsibility for and assume all risk arising from your use of any such
websites or resources. Your correspondence with or participation in promotions
of merchants or advertisers found on the 10oranges.com, including payment and
delivery of related goods or service, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
you and such merchant or advertiser. You agree not to hold Ten Oranges liable
for any loss or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such merchants or advertisers on
10oranges.com. In addition, Ten Oranges does not endorse, warrant or guarantee
the products or services of any seller, lender or broker, including any rates,
points and loan programs posted by sellers, lenders or brokers. Nothing on
10oranges.com constitutes an advertisement for credit as defined by Paragraph
226.24 of Regulation Z of the federal Truth in Lending Act.
CERTAIN
STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU
MIGHT HAVE ADDITIONAL RIGHTS.
You
agree that this Agreement and all agreements and information incorporated
herein may be automatically assigned by Ten Oranges, in its sole discretion, to
a third party. You may not assign your obligations to another entity.
This
Agreement does not create any agency, partnership, joint venture, employment or
franchise relationship. We shall be excused for any problem due to a factor
beyond our control. If any provision of this Agreement is held invalid or
unenforceable by a court of competent jurisdiction, the remaining provisions of
the Agreement will remain in full force and effect, and the provision affected
will be construed so as to be enforceable to the maximum extent permissible by
law. Only waivers signed in writing by Ten Oranges of any provision of this
Agreement will be effective.
For any questions regarding these Terms of Service or
to report any violation, please contact support@10oranges.com.
Ten Oranges Terms of Service
Last Update April 4, 2009
© 2008-2009
Ten Oranges. All rights reserved