Terms of Service
By using the orangevine.net web sites (“Service”), all services of Orangevine, (“Orangevine””) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Orangevine reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://orangevine.net/terms-service
Violation of any of the terms below will result in the termination of your Account. While Orangevine prohibits such conduct and Content on the Service, you understand and agree that Orangevine cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
- You must be 18 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person. A single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. Orangevine cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- One person or legal entity may not maintain more than one free account.
- Unlimited usage of data traffic is under condition of fair use policy.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING TERMS
- A valid credit card is required for paying accounts.
- The monthly fee for the Service is billed in advance on a monthly basis.
- All fees are exclusive of VAT. VAT will be charged to companies or individuals registered in The Netherlands at the current Dutch VAT rate. Companies or individuals registered outside of the EU will not be charged VAT. A VAT number will be required during the payment process. When EU companies enter their VAT number during the payment process, EU companies will then be exempt from paying VAT.
- Payment of upgrades commences on the day of upgrade and is valid for a period of 30 days. Downgrades within the period of 30 days are not reimbursed for any remaining days within the corresponding 30 day period.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Orangevine does not accept any liability for such loss.
- Unless we state in writing otherwise, all fees and charges are nonrefundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. No exceptions will be made.
CANCELLATION AND TERMINATION
- You are solely responsible for properly canceling your account. You can cancel your account by sending a cancellation request to email@example.com.
- All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is canceled.
- If you cancel in the middle of a billing cycle you will be responsible for the monthly fee incurred for the current billing period as well as any past unpaid monthly fees.
- If your account is past due for a period of 21 days, your account will be closed and all of the content in it will be immediately, and irrevocably, deleted from our system.
- Orangevine, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Orangevine service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Orangevine reserves the right to refuse service to anyone for any reason at any time.
MODIFICATIONS TO THE SERVICE AND PRICES
- Orangevine reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Orangevine Site (net) or the Service itself.
- Orangevine shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
COPYRIGHT AND CONTENT OWNERSHIP
- All content posted on the Service must comply with Dutch copyright law. Please review our copyright compliance policy below.
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
- Orangevine does not pre-screen Content, but Orangevine and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- The look and feel of the Service is copyright ©2016 Orangevine All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Orangevine.
COPYRIGHT COMPLIANCE POLICY
Orangevine B.V. is committed to compliance with Dutch copyright law. Under the Digital Single Market, copyright owners have the right to notify Orangevine, if they believe that an account user of a Orangevine application has infringed the copyright owner’s work(s). Notifications of claimed copyright infringement must be submitted in writing to Orangevine’s designated agent for receiving such notifications.
By email: firstname.lastname@example.org
By mail: Orangevine, Attn: Copyright Agent, IJburglaan 856, 1087 GE Amsterdam, Netherlands
To be effective, the notification of claimed infringement must be a written communication and must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works.
- 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 sufficient to permit Orangevine to locate the material.
- Information reasonably sufficient to permit Orangevine to contact the complaining party, such as an address, telephone number and if available, an electronic mail address at which the complaining party may be contacted.
- 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.
- 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.
You may be eligible to receive a credit (a “Referral Credit”) for the referral of other members to the Site. You will receive a Referral Credit for members referred by you (“Referral”) only if (i) such Referral did not previously have an account with the Site, and (ii) upon creating a subscription account with the Site, such Referral identifies you as the sole referral source. A Referral meeting the forgoing requirements shall be deemed a “Qualified Referral.” You shall receive a Referral Credit for any Qualified Referral in the amount of 5,00 EURO. The Referral Credit will be applied following the Qualified Referral’s first full month of service (the “Credit Issue Date”). The Referral Credit may be used by you to pay any charges to your account incurred after the Credit Issue Date. Referral Credits will automatically expire if your account is terminated for any reason. In no event shall any Referral Credit be redeemable as cash. Orangevine reserves the right to change any aspect of the referral program, including, without limitation, payment schedules and amounts at any time. Additionally, Orangevine reserves the right to suspend your right to receive Referral Credits if you have violated any of these Terms and Conditions of Use.
PUBLICITY AND MARKETING
Neither You nor Orangevine will issue any press releases or make public statements relating to any purchase order, order form, or similar contract between You and Orangevine nor the relationship between You and Orangevine without the other party’s prior written or email approval, which shall not be unreasonably withheld. However, Orangevine shall be permitted to line-list You as a customer and use Your standard logo for Orangevine’s promotional and marketing use until your use of the Services expires or otherwise terminates.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and is only available via email and live chat on our website.
- You understand that Orangevine uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service and as such these vendors may have access to your videos.
- We will not distribute your videos to any party other than those third party vendors which are needed to process and deliver your videos to your viewers without your express consent.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Orangevine, or any other Orangevine service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Orangevine.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Orangevine customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- Orangevine does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Orangevine shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Orangevine has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of Orangevine to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Orangevine and govern your use of the Service, superseding any prior agreements between you and Orangevine (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to email@example.com.