We are VEIT DIGITAL LLC ("Company," "we," "us," "our"), a company
registered in
New Mexico, United States at
500 4th ST NM, Suite 102, Alberquerque, NM 87102.
We operate the website orvienlabs.com (the "Site"), as well
as any other related products and services that refer or link to these legal
terms (the "Legal Terms") (collectively, the "Services").
You can contact us by email at
contact@orvienlabs.com
or by mail to 500 4th ST NM, Suite 102, Alberquerque, NM 87102, United States.
These Legal Terms constitute a legally binding agreement made between you,
whether personally or on behalf of an entity ("you"), and VEIT DIGITAL
LLC, concerning your access to and use of the Services. You agree that by
accessing the Services, you have read, understood, and agreed to be bound
by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL
TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU
MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the
Services from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes
or modifications to these Legal Terms from time to time. We will alert you
about any changes by updating the "Last updated" date of these Legal
Terms, and you waive any right to receive specific notice of each such
change. It is your responsibility to periodically review these Legal Terms
to stay informed of updates. You will be subject to, and will be deemed to
have been made aware of and to have accepted, the changes in any revised
Legal Terms by your continued use of the Services after the date such
revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons
under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or
country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose
to access the Services from other locations do so on their own initiative
and are solely responsible for compliance with local laws, if and to the
extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal
Information Security Management Act (FISMA), etc.), so if your
interactions would be subjected to such laws, you may not use the
Services. You may not use the Services in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in
our Services, including all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and graphics
in the Services (collectively, the "Content"), as well as the trademarks,
service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and
various other intellectual property rights and unfair competition laws)
and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for
your internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "
PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable,
revocable license to:
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access the Services; and
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download or print a copy of any portion of the Content to which you have
properly gained access,
solely for your internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part
of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express prior
written permission.
If you wish to make any use of the Services, Content, or Marks other than
as set out in this section or elsewhere in our Legal Terms, please address
your request to:
contact@orvienlabs.com. If we ever grant you the permission to post, reproduce, or publicly
display any part of our Services or Content, you must identify us as the
owners or licensors of the Services, Content, or Marks and ensure that any
copyright or proprietary notice appears or is visible on posting,
reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services,
Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a
material breach of our Legal Terms and your right to use our Services will
terminate immediately.
Your submissions and contributions
Please review this section and the "
PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a)
rights you give us and (b) obligations you have when you post or upload
any content through the Services.
Submissions: By directly sending us any question, comment,
suggestion, idea, feedback, or other information about the Services ("Submissions"),
you agree to assign to us all intellectual property rights in such Submission.
You agree that we shall own this Submission and be entitled to its unrestricted
use and dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute
to, or participate in blogs, message boards, online forums, and other functionality
during which you may create, submit, post, display, transmit, publish, distribute,
or broadcast content and materials to us or through the Services, including
but not limited to text, writings, video, audio, photographs, music, graphics,
comments, reviews, rating suggestions, personal information, or other material
("Contributions"). Any Submission that is publicly posted shall also be treated
as a Contribution.
You understand that Contributions may be viewable by other users of the
Services.
When you post Contributions, you grant us a license (including use of
your name, trademarks, and logos):
By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide
right, and license to: use, copy, reproduce, distribute, sell, resell, publish,
broadcast, retitle, store, publicly perform, publicly display, reformat, translate,
excerpt (in whole or in part), and exploit your Contributions (including, without
limitation, your image, name, and voice) for any purpose, commercial, advertising,
or otherwise, to prepare derivative works of, or incorporate into other works,
your Contributions, and to sublicense the licenses granted in this section.
Our use and distribution may occur in any media formats and through any media
channels.
This license includes our use of your name, company name, and franchise
name, as applicable, and any of the trademarks, service marks, trade
names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending
us Submissions and/or posting Contributions through any part of the Services
or making Contributions accessible through the Services by linking your account
through the Services to any of your social networking accounts, you:
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confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the
Services any Submission nor post any Contribution that is illegal,
harassing, hateful, harmful, defamatory, obscene, bullying, abusive,
discriminatory, threatening to any person or group, sexually explicit,
false, inaccurate, deceitful, or misleading;
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to the extent permissible by applicable law, waive any and all moral
rights to any such Submission and/or Contribution;
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warrant that any such Submission and/or Contributions are original to
you or that you have the necessary rights and licenses to submit such
Submissions and/or Contributions and that you have full authority to
grant us the above-mentioned rights in relation to your Submissions
and/or Contributions; and
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warrant and represent that your Submissions and/or Contributions do not
constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and
you expressly agree to reimburse us for any and all losses that we may
suffer because of your breach of (a) this section, (b) any third party's
intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation
to monitor any Contributions, we shall have the right to remove or edit any
Contributions at any time without notice if in our reasonable opinion we consider
such Contributions harmful or in breach of these Legal Terms. If we remove or
edit any such Contributions, we may also suspend or disable your account and
report you to the authorities.
Copyright infringement
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all
registration information you submit will be true, accurate, current, and
complete; (2) you will maintain the accuracy of such information and
promptly update such registration information as necessary; (3) you have
the legal capacity and you agree to comply with these Legal Terms; (4) you
are not a minor in the jurisdiction in which you reside; (5) you will not
access the Services through automated or non-human means, whether through
a bot, script or otherwise; (6) you will not use the Services for any
illegal or unauthorized purpose; and (7) your use of the Services will not
violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Services (or any portion
thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep
your password confidential and will be responsible for all use of your
account and password. We reserve the right to remove, reclaim, or change a
username you select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise objectionable.
5. PURCHASES AND PAYMENT
We accept the following forms of payment.
You agree to provide current, complete, and accurate purchase and account
information for all purchases made via the Services. You further agree to
promptly update account and payment information, including email address,
payment method, and payment card expiration date, so that we can complete
your transactions and contact you as needed. Sales tax will be added to
the price of purchases as deemed required by us. We may change prices at
any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your
purchases and any applicable shipping fees, and you authorize us to charge
your chosen payment provider for any such amounts upon placing your order.
We reserve the right to correct any errors or mistakes in pricing, even if
we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We
may, in our sole discretion, limit or cancel quantities purchased per
person, per household, or per order. These restrictions may include orders
placed by or under the same customer account, the same payment method,
and/or orders that use the same billing or shipping address. We reserve
the right to limit or prohibit orders that, in our sole judgment, appear
to be placed by dealers, resellers, or distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless canceled.
You consent to our charging your payment method on a recurring basis
without requiring your prior approval for each recurring charge, until
such time as you cancel the applicable order. The length of your billing
cycle will depend on the type of subscription plan you choose when you
subscribed to the Services.
Cancellation
All purchases are non-refundable. You can cancel your subscription at any
time by logging into your account. Your cancellation will take effect at
the end of the current paid term. If you have any questions or are
unsatisfied with our Services, please email us at
contact@orvienlabs.com.
Fee Changes
We may, from time to time, make changes to the subscription fee and will
communicate any price changes to you in accordance with applicable law.
7. SOFTWARE
We may include software for use in connection with our Services. If such
software is accompanied by an end user license agreement ("EULA"), the
terms of the EULA will govern your use of the software. If such software
is not accompanied by a EULA, then we grant to you a non-exclusive,
revocable, personal, and non-transferable license to use such software
solely in connection with our services and in accordance with these Legal
Terms. Any software and any related documentation is provided "AS IS"
without warranty of any kind, either express or implied, including,
without limitation, the implied warranties of merchantability, fitness for
a particular purpose, or non-infringement. You accept any and all risk
arising out of use or performance of any software. You may not reproduce
or redistribute any software except in accordance with the EULA or these
Legal Terms.
8. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for
which we make the Services available. The Services may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Services, you agree not to:
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Systematically retrieve data or other content from the Services to
create or compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from us.
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Trick, defraud, or mislead us and other users, especially in any attempt
to learn sensitive account information such as user passwords.
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Circumvent, disable, or otherwise interfere with security-related
features of the Services, including features that prevent or restrict
the use or copying of any Content or enforce limitations on the use of
the Services and/or the Content contained therein.
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Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
Services.
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Use any information obtained from the Services in order to harass,
abuse, or harm another person.
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Make improper use of our support services or submit false reports of
abuse or misconduct.
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Use the Services in a manner inconsistent with any applicable laws or
regulations.
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Engage in unauthorized framing of or linking to the Services.
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Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters
and spamming (continuous posting of repetitive text), that interferes
with any party's uninterrupted use and enjoyment of the Services or
modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the Services.
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Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
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Delete the copyright or other proprietary rights notice from any
Content.
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Attempt to impersonate another user or person or use the username of
another user.
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Upload or transmit (or attempt to upload or to transmit) any material
that acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange
formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as "spyware" or "passive collection
mechanisms" or "pcms").
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Interfere with, disrupt, or create an undue burden on the Services or
the networks or services connected to the Services.
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Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Services to you.
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Attempt to bypass any measures of the Services designed to prevent or
restrict access to the Services, or any portion of the Services.
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Copy or adapt the Services' software, including but not limited to
Flash, PHP, HTML, JavaScript, or other code.
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Except as permitted by applicable law, decipher, decompile, disassemble,
or reverse engineer any of the software comprising or in any way making
up a part of the Services.
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Except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility, scraper,
or offline reader that accesses the Services, or use or launch any
unauthorized script or other software.
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Use a buying agent or purchasing agent to make purchases on the
Services.
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Make any unauthorized use of the Services, including collecting
usernames and/or email addresses of users by electronic or other means
for the purpose of sending unsolicited email, or creating user accounts
by automated means or under false pretenses.
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Use the Services as part of any effort to compete with us or otherwise
use the Services and/or the Content for any revenue-generating endeavor
or commercial enterprise.
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Sell or otherwise transfer your profile.
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Use the Services to generate or distribute misleading, deceptive, or
fraudulent advertising content, including deepfakes or false claims.
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Use the Services for any illegal or unauthorized purpose, including
violating advertising laws, consumer protection laws, or data privacy
regulations.
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Sell, transfer, lease, sublicense, or otherwise assign your account or
profile to any third party.
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Attempt to reverse engineer, decompile, disassemble, or otherwise derive
the source code of the Services.
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Upload, transmit, or distribute any viruses, malware, Trojan horses, or
other harmful code.
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Circumvent, disable, or interfere with any security features, rate
limits, or usage restrictions of the Services.
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Use automated means (bots, scrapers, etc.) to access the Services except
as explicitly permitted for video generation.
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Use the Services to harass, threaten, abuse, or harm others, or to
create discriminatory or hateful content.
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Remove, alter, or obscure any copyright, trademark, or proprietary
notices from the Services or generated videos.
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Use the Services to develop, support, or create a competing video
generation or lead generation service.
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Share login credentials or allow unauthorized third parties to access
your account.
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Use the Services in a manner that violates third-party rights, including
intellectual property rights or privacy rights in the generated videos.
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Fail to clearly disclose or label videos as AI-generated where required
by applicable law (e.g., under the EU AI Act, transparency obligations,
or other regulations).
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Use the Services to create or distribute content that impersonates real
persons, public figures, or celebrities without explicit authorization.
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Use the Services to generate or send marketing communications without
obtaining all necessary consents or lawful basis required under data
protection laws (e.g., GDPR legitimate interest or consent).
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Process or generate content involving sensitive personal data (e.g.,
health, biometric, racial or ethnic origin data) without explicit
consent and full compliance with applicable laws.
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Use the Services in a manner that violates the EU AI Act or other
regulations prohibiting manipulative, deceptive, or exploitative AI
practices.
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Create or distribute synthetic media (deepfakes) intended to deceive
recipients about the authenticity or origin of the communication.
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Use inputs or generated videos that infringe third-party rights of
publicity, likeness, or voice (right of publicity).
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Attempt to use the Services to train, fine-tune, or improve any other AI
model or competing system.
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Engage in any other activity that we reasonably determine is abusive,
harmful to the Services, our reputation, or that exposes us or our users
to legal liability.
9. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in
blogs, message boards, online forums, and other functionality, and may
provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and materials
to us or on the Services, including but not limited to text, writings,
video, audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Services and through
third-party websites. As such, any Contributions you transmit may be
treated as non-confidential and non-proprietary. When you create or make
available any Contributions, you thereby represent and warrant that:
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The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
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You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the
Services, and other users of the Services to use your Contributions in
any manner contemplated by the Services and these Legal Terms.
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You have the written consent, release, and/or permission of each and
every identifiable individual person in your Contributions to use the
name or likeness of each and every such identifiable individual person
to enable inclusion and use of your Contributions in any manner
contemplated by the Services and these Legal Terms.
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Your Contributions are not false, inaccurate, or misleading.
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Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
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Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as
determined by us).
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Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
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Your Contributions are not used to harass or threaten (in the legal
sense of those terms) any other person and to promote violence against a
specific person or class of people.
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Your Contributions do not violate any applicable law, regulation, or
rule.
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Your Contributions do not violate the privacy or publicity rights of any
third party.
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Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being
of minors.
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Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or
physical handicap.
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Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Legal Terms, or any applicable law or
regulation.
Any use of the Services in violation of the foregoing violates these Legal
Terms and may result in, among other things, termination or suspension of
your rights to use the Services.
10. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services, you
automatically grant, and you represent and warrant that you have the right
to grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right,
and license to host, use, copy, reproduce, disclose, sell, resell,
publish, broadcast, retitle, archive, store, cache, publicly perform,
publicly display, reformat, translate, transmit, excerpt (in whole or in
part), and distribute such Contributions (including, without limitation,
your image and voice) for any purpose, commercial, advertising, or
otherwise, and to prepare derivative works of, or incorporate into other
works, such Contributions, and grant and authorize sublicenses of the
foregoing. The use and distribution may occur in any media formats and
through any media channels.
This license will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name, company name, and
franchise name, as applicable, and any of the trademarks, service marks,
trade names, logos, and personal and commercial images you provide. You
waive all moral rights in your Contributions, and you warrant that moral
rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property
rights or other proprietary rights associated with your Contributions. We
are not liable for any statements or representations in your Contributions
provided by you in any area on the Services. You are solely responsible
for your Contributions to the Services and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit,
redact, or otherwise change any Contributions; (2) to re-categorize any
Contributions to place them in more appropriate locations on the Services;
and (3) to pre-screen or delete any Contributions at any time and for any
reason, without notice. We have no obligation to monitor your
Contributions.
11. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When
posting a review, you must comply with the following criteria: (1) you
should have firsthand experience with the person/entity being reviewed;
(2) your reviews should not contain offensive profanity, or abusive,
racist, offensive, or hateful language; (3) your reviews should not
contain discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation, or disability;
(4) your reviews should not contain references to illegal activity; (5)
you should not be affiliated with competitors if posting negative reviews;
(6) you should not make any conclusions as to the legality of conduct; (7)
you may not post any false or misleading statements; and (8) you may not
organize a campaign encouraging others to post reviews, whether positive
or negative.
We may accept, reject, or remove reviews in our sole discretion. We have
absolutely no obligation to screen reviews or to delete reviews, even if
anyone considers reviews objectionable or inaccurate. Reviews are not
endorsed by us, and do not necessarily represent our opinions or the views
of any of our affiliates or partners. We do not assume liability for any
review or for any claims, liabilities, or losses resulting from any
review. By posting a review, you hereby grant to us a perpetual,
non-exclusive, worldwide, royalty-free, fully paid, assignable, and
sublicensable right and license to reproduce, modify, translate, transmit
by any means, display, perform, and/or distribute all content relating to
review.
12. ADVERTISERS
We allow advertisers to display their advertisements and other information
in certain areas of the Services, such as sidebar advertisements or banner
advertisements. We simply provide the space to place such advertisements,
and we have no other relationship with advertisers.
13. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services
for violations of these Legal Terms; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these
Legal Terms, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your Contributions
or any portion thereof; (4) in our sole discretion and without limitation,
notice, or liability, to remove from the Services or otherwise disable all
files and content that are excessive in size or are in any way burdensome
to our systems; and (5) otherwise manage the Services in a manner designed
to protect our rights and property and to facilitate the proper
functioning of the Services.
14. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy:
orvienlabs.com/dataprivacy. By using the Services, you agree to be bound by our Privacy Policy,
which is incorporated into these Legal Terms. Please be advised the
Services are hosted in the United States. If you access the Services from
any other region of the world with laws or other requirements governing
personal data collection, use, or disclosure that differ from applicable
laws in the United States, then through your continued use of the
Services, you are transferring your data to the United States, and you
expressly consent to have your data transferred to and processed in the
United States.
15. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
We respect the intellectual property rights of others. If you believe that
any material available on or through the Services infringes upon any
copyright you own or control, please immediately notify our Designated
Copyright Agent using the contact information provided below (a
"Notification"). A copy of your Notification will be sent to the person
who posted or stored the material addressed in the Notification. Please be
advised that pursuant to federal law you may be held liable for damages if
you make material misrepresentations in a Notification. Thus, if you are
not sure that material located on or linked to by the Services infringes
your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. §
512(c)(3) and include the following information: (1) A physical or
electronic signature of a person authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed; (2) identification of
the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works on the Services are covered by the Notification, a
representative list of such works on the Services; (3) identification of
the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit us to locate the
material; (4) information reasonably sufficient to permit us to contact
the complaining party, such as an address, telephone number, and, if
available, an email address at which the complaining party may be
contacted; (5) a statement that the complaining party has a good faith
belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; and (6) a
statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed
upon.
Counter Notification
If you believe your own copyrighted material has been removed from the
Services as a result of a mistake or misidentification, you may submit a
written counter notification to our Designated Copyright Agent using the
contact information provided below (a "Counter Notification"). To be an
effective Counter Notification under the DMCA, your Counter Notification
must include substantially the following: (1) identification of the
material that has been removed or disabled and the location at which the
material appeared before it was removed or disabled; (2) a statement that
you consent to the jurisdiction of the Federal District Court in which
your address is located, or if your address is outside the United States,
for any judicial district in which we are located; (3) a statement that
you will accept service of process from the party that filed the
Notification or the party's agent; (4) your name, address, and telephone
number; (5) a statement under penalty of perjury that you have a good
faith belief that the material in question was removed or disabled as a
result of a mistake or misidentification of the material to be removed or
disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the
requirements described above, we will restore your removed or disabled
material, unless we first receive notice from the party filing the
Notification informing us that such party has filed a court action to
restrain you from engaging in infringing activity related to the material
in question. Please note that if you materially misrepresent that the
disabled or removed content was removed by mistake or misidentification,
you may be liable for damages, including costs and attorney's fees. Filing
a false Counter Notification constitutes perjury.
Designated Copyright Agent
Veit Digital Copyright Agent
Attn: Copyright Agent
500 4th ST NM, Suite 102
Alberquerque, NM 87102
United States
copyright@orvienlabs.com
16. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the
Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY,
OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR
DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY
TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited
from registering and creating a new account under your name, a fake or
borrowed name, or the name of any third party, even if you may be acting
on behalf of the third party. In addition to terminating or suspending
your account, we reserve the right to take appropriate legal action,
including without limitation pursuing civil, criminal, and injunctive
redress.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Services at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our
Services. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Services, resulting in interruptions, delays,
or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time or for any
reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability
to access or use the Services during any downtime or discontinuance of the
Services. Nothing in these Legal Terms will be construed to obligate us to
maintain and support the Services or to supply any corrections, updates,
or releases in connection therewith.
18. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and
construed in accordance with the laws of the State of New Mexico
applicable to agreements made and to be entirely performed within the
State of New Mexico, without regard to its conflict of law principles.
19. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy,
or claim related to these Legal Terms (each a "Dispute" and collectively,
the "Disputes") brought by either you or us (individually, a "Party" and
collectively, the "Parties"), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days before initiating arbitration.
Such informal negotiations commence upon written notice from one Party to
the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal
negotiations, the Dispute (except those Disputes expressly excluded below)
will be finally and exclusively resolved by binding arbitration. YOU
UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN
COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and
conducted under the Commercial Arbitration Rules of the American
Arbitration Association ("AAA") and, where appropriate, the AAA's
Supplementary Procedures for Consumer Related Disputes ("AAA Consumer
Rules"), both of which are available at the
American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall
be governed by the AAA Consumer Rules and, where appropriate, limited by
the AAA Consumer Rules. The arbitration may be conducted in person,
through the submission of documents, by phone, or online. The arbitrator
will make a decision in writing, but need not provide a statement of
reasons unless requested by either Party. The arbitrator must follow
applicable law, and any award may be challenged if the arbitrator fails to
do so. Except where otherwise required by the applicable AAA rules or
applicable law, the arbitration will take place in Alberquerque, New
Mexico. Except as otherwise provided herein, the Parties may litigate in
court to compel arbitration, stay proceedings pending arbitration, or to
confirm, modify, vacate, or enter judgment on the award entered by the
arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration,
the Dispute shall be commenced or prosecuted in the state and federal
courts located in Alberquerque, New Mexico, and the Parties hereby consent
to, and waive all defenses of lack of personal jurisdiction, and forum non
conveniens with respect to venue and jurisdiction in such state and
federal courts. Application of the United Nations Convention on Contracts
for the International Sale of Goods and the Uniform Computer Information
Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way
to the Services be commenced more than one (1) years after the cause of
action arose. If this provision is found to be illegal or unenforceable,
then neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and such
Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to
the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law, (a)
no arbitration shall be joined with any other proceeding; (b) there is no
right or authority for any Dispute to be arbitrated on a class-action
basis or to utilize class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any
of the intellectual property rights of a Party; (b) any Dispute related
to, or arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party will
elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
20. CORRECTIONS
There may be information on the Services that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
21. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES'
CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO
THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY
ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM
OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
22. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE
SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,
WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US
DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
23. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys' fees and expenses, made
by any third party due to or arising out of: (1) your Contributions; (2)
use of the Services; (3) breach of these Legal Terms; (4) any breach of
your representations and warranties set forth in these Legal Terms; (5)
your violation of the rights of a third party, including but not limited
to intellectual property rights; or (6) any overt harmful act toward any
other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to
assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense,
with our defense of such claims. We will use reasonable efforts to notify
you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
24. USER DATA
We will maintain certain data that you transmit to the Services for the
purpose of managing the performance of the Services, as well as data
relating to your use of the Services. Although we perform regular routine
backups of data, you are solely responsible for all data that you transmit
or that relates to any activity you have undertaken using the Services.
You agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of action
against us arising from any such loss or corruption of such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email and
on the Services, satisfy any legal requirement that such communication be
in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY
US OR VIA THE SERVICES. You hereby waive any rights or requirements under
any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or retention
of non-electronic records, or to payments or the granting of credits by
any means other than electronic means.
26. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact
the Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.
27. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the
Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any
right or provision of these Legal Terms shall not operate as a waiver of
such right or provision. These Legal Terms operate to the fullest extent
permissible by law. We may assign any or all of our rights and obligations
to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Legal Terms is
determined to be unlawful, void, or unenforceable, that provision or part
of the provision is deemed severable from these Legal Terms and does not
affect the validity and enforceability of any remaining provisions. There
is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Legal Terms or use of the
Services. You agree that these Legal Terms will not be construed against
us by virtue of having drafted them. You hereby waive any and all defenses
you may have based on the electronic form of these Legal Terms and the
lack of signing by the parties hereto to execute these Legal Terms.
28. CONTACT US
In order to resolve a complaint regarding the Services or to receive
further information regarding use of the Services, please contact us at: