Orbius Terms of Service

Last Update: June 1^st, 2008

This Terms of Service Agreement (the “Terms of Service” or “Agreement”) establishes the terms and conditions applicable to your use of the Orbius service (as defined below) offered by Orbius, Inc. (“Orbius, Inc.” or ‘We’). By clicking the "I Accept" checkbox displayed as part of the registration or by using Orbius and/or any portion thereof, you accept and agree to be bound by the terms and conditions of this Terms of Service (including all terms incorporated herein by reference.) If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "You" or "Your" shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not check the “I Accept” checkbox and may not use the service.

These Terms of Service applies to your use of Orbius for creating your Personal Profile, creating and joining Communities, known as Orbs, on Orbius, and posting of Content on Orbius.

By registering on Orbius and using it, you are agreeing to these Terms of Service.

Definitions

Orb refers to communities created on Orbius. An Orb is a community that allows Orb Owners and Orb Members to organize and create content using the Orbius tools.

Orbius™ is the platform and service you are using to create your Personal Profile, and create or join an Orb. This is also referred to as “Orbius Platform” or “Platform”.

Orbius, Inc. is the company that created and operates Orbius and the Orbius Platform.

Users are people who register on Orbius to create Personal Profiles, create Orbs, join Orbs, post Personal Data, create content on their Personal Profiles, Orbs or Orb Member Profile.

Orb Owners are Users who have created Orbs on Orbius or are Users who have been assigned the rights to be an Owner by an existing Owner of an Orb.

Orbius Login ID is the main email address (you will be asked to verify) that all users must provide to login onto Orbius. Once logged in, users are automatically logged into all Orbs that the user owns or is a member of. Note that when you join an Orb, you may provide other email addresses to the Orb if they require it.

Orb Members are Users who joined an Orb and have provided responses to the Member Profile questions as required by Orb Owners.

Content means any work of authorship including Personal Data, information you provided to Orbius or Orb Owners, comments, recommendations, discussion forums, photos, videos, audios, photos, text, files, listings, postings, messages, or other materials posted on or sent through Orbius.

Orb Content is Content that has been posted within an Orb and is under the full control of the Orb Owner and its members.

Orb Content Area is the area in an Orb that Orb Content may be posted.

Orb Member Content is the Content posted by an Orb Member or by other Orb Members or Users on the member’s own persona section in an Orb.

Private Label Orbs means Orbs that Orb owners have entered into a separate Private Label Agreement with Orbius to remove the Orbius Controlled Advertisements from the Orbs and possibly to make customizations to parts of the Orb. Some of the customizations may not be available to other Orb owners.

Personal Profile Content means all content posted by User on their own Personal Profile or content posted by other Users on their Personal Profile.

Orb Owner Controlled Orb Advertisement is advertisement that has been placed in the Orb by the Owner of the Orb.

Orbius Controlled Advertisement is advertisement that has been placed in all areas that are controlled by Orbius except the Orb Content Area.

Orbius Controlled Orb Advertisement Area is the Orb Content Area that Orbius may place an Orbius Controlled Advertisement. An Orbius Controlled Orb Advertising Area may become an Orb Content Area under separate Premium Licensing Agreement with Orbius.

Orbius Areas means all areas on Orbius that is not the Orb Content Area.

Tags are words and phrases that you attach to Content.

Ownership of Content

Users own all their Personal Profile Content.

Orb Owner(s) own the Orb Content of Orbs that they created or have been assigned to have rights of an Owner of the Orb. You agree that Orb Members may edit or delete their own Orb Member Content.

For the content that you own, you may edit or delete the Content. You may download the Content with the means provided on Orbius. You agree not to attempt to acquire any information by any other means not provided by Orbius including the use of a screen scrapping tool or online “robot” without prior written consent from Orbius, Inc.

If you want to move your Content out of Orbius by any other means, Orbius agrees to provide any reasonable services to enable you to do so. Such services will be performed and billed at the then published Orbius Professional Services Rate. If the Orb Content you want to move includes Orb Member Profile Content, you agree that you will notify Orb Members of your intent to move their content and to give them a minimum of 15 calendar days notice prior to doing so, by posting a message on the Home Page of your Orb as well as to send a broadcast message to all members of your Orb(s). You agree that Orb Members shall be given the time and option to delete their Orb Member Profile Content, if they choose to do so.

You acknowledge and agree that You have sole responsibility for ensuring that all User Content submitted on or through the User Service, by your Orb Members, is compliant with the terms and conditions of this Agreement. All other Terms of Use Agreements, disclaimers and notices that may be displayed by Orbius or transmitted through Orbius and all Laws (“Applicable Terms”) that You shall actively monitor the activity of Your Orb Members through the Administration Service in order to ensure that no such activity is in violation of any Applicable Terms.  You, and not Orbius, Inc., shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all User Content, and Orbius, Inc. shall not be held responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User Content.  Orbius, Inc. reserves the rights to, without notice, withhold, remove and/or discard User Content not in compliance with the Applicable Terms, and to remove or disable the account of any of Your Users not in compliance with the Applicable Terms.

License to Content

License from You

By uploading Content onto Orbius, you hereby grant Orbius and all other Orbius Users, a non-exclusive license to reproduce, create derivative works of, distribute, publicly perform and publicly display such Content on the condition that the Content is attributed in a manner specified by its author, if at all.

You, also, hereby grant to Orbius a worldwide, perpetual, royalty-free license to (i) reproduce, store, display, create derivative works of, distribute, perform and publicly display User Content on or through Orbius, and, if additionally affirmatively elected and authorized by You, on an opt-in basis, using the Administration Service Configuration Settings, on or through other outlets and media including similar services operated by Orbius; (ii) to use and analyze the User Content by Orbius’ for internal business purposes; and (iii) disclose metrics regarding User Content on an aggregated basis for marketing and business development purposes.

License to use Orbius

During the term of these Terms, Orbius, Inc. grants you a limited, revocable license to use the underlying Orbius Software Platform to enable as required for your use, Orbius to create, configure and support the building of Orbs on the Orbius Platform, subject to the terms and conditions of these Terms.

Advertising Revenue

Orbius shall have the right to display Orbius Controlled Advertisements for all complimentary Orbs in the designated Orbius Controlled Advertisement Areas and shall be the sole beneficiary of any revenues derived there these areas.

Intellectual Property

Orbius, Inc. and its licensors, partners, or affiliates, where applicable, shall own all right, title, and interest, including, without limitation, all Intellectual Property Rights in and to the Orbius Technology offering, and the Content in the Orbius Controlled Areas. This Agreement is not a sale and does not convey to You any rights of ownership in or related to Orbius, the Orbius Technology or the Intellectual Property Rights owned by Orbius, Inc. The Orbius name, the Orbius logo, and the product names associated with the Service are trademarks of Orbius, Inc., and no right or license is granted to use them.

Your Comments and Suggestions

You hereby assign and agree to assign to Orbius, Inc., all rights, title and interest in and to any enhancement requests or suggestions, comments, evaluations, ideas relating to the Orbius Platform or the use of Orbius provided by you to Orbius, Inc. (“User Feedback”), including but not limited to all Intellectual Property Rights embodied in such User Feedback.

Notice and Procedure in case of Claims of Copyright Infringement

Orbius, Inc. respects all Intellectual Property Rights. However, Orbius, Inc. does not independently and has no responsibility to confirm that all Content posted on Orbius is provided by a valid holder of the rights. In the event that Orbius, Inc. becomes aware that Content posted on or through Orbius has been provided by a person who is not a valid holder of the rights, Orbius may, if it deems appropriate at its sole discretion, remove or disable the publication of such Content.

If you believe that your work has been copied or published in a way that constitutes Copyright Infringement, please provide Orbius, Inc. with the following information:

a)     description of the Content that comprise the copyrighted work or intellectual property that is claimed to be infringed;

b)     description of the location where the Content you claim is infringed on Orbius;

c)     signed and notarized statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, its agent or the law;

d)     signed and notarized statement by you, made under penalty of perjury, that the above information in such Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

e)     if you are not the owner, a signed and notarized statement by the owner of the copyright or intellectual property interest that you are authorized to act on their behalf.

By submitting a claim, you also agree that in the event that your claim is determined to be false, you may be liable for all costs associated with handling of your Claim.

All Notice of claims of copyright and other intellectual property infringement should be sent to:

Morgan, Lewis and Bockius, LLP,

1701, Market Street,

Philadelphia, PA 19103-2921

Attention: Jeff Bodle,

With a written copy to:

Orbius, Inc.

21 Bishop Hollow Road,

Newtown Square, PA 19073

Attention: Copyright Claim

Proprietary Rights

Code and Content

You agree to comply with the license and restrictions applicable to each item of Code or Content you post, copy, access, or use. You agree that all the intellectual property on the Orbius Platform, other than the Content you provide, is owned by Orbius or the applicable User(s). Except as expressly permitted under these Terms, you agree not to:

1.     Modify, distribute, or create derivative works on the Orbius Platform.

2.     Run, rent, lease, loan, or sell access to the Orbius Platform.

3.     Decompile, reverse engineer, or copy the Orbius Platform or any Orb.

4.     Reproduce or distribute any Private Content or Private Code outside the applicable Orb.

Trademarks

Orbius Inc., Orbius, Orbs and other related graphics, our logo and sub-logos, Orbius marks, and trade names used on Orbius are the trademarks of Orbius, Inc. and may not be used without permission. Other trademarks and trade names that may appear on Orbius are the property of their respective owners.

Accounts, Passwords, and Security

You must be a registered User to create an Orb on the Orbius Platform. Orbs and Orb Creators, in turn, determine whether Users need to be registered to contribute Content in that Orb. That is up to the discretion of the Orb Owner(s).  As a User, you are responsible for keeping your password secure. Names of Orbs and Platform IDs are non-transferable. You will be solely responsible and liable for any activity that occurs under your own personal ID.

Content Code of Conduct and Interaction

You agree to comply with the license and restrictions applicable to each item of Code or Content you post, copy, access, or use.

Content from other Users or advertisers is made available to you through Orbs and the Orbius Platform. Because Orbius does not control such Content, you agree that Orbius is not responsible for any such Content, including advertising and information about third party products or services.

Your interactions with other Users on the Orbius Platform, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the User. Like with any web-based interaction, we suggest that you use caution and good judgment.

You agree that Orbius is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User's use or disclosure of your Personal Data (as defined in the Privacy Policy). If there is a dispute between you and any third party (including any User), Orbius is under no obligation to become involved.

You release Orbius, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to: (i) any disputes with other Users, and/or (ii) the Orbius Platform.

If you are a California resident, you waive 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.”

Acceptable Use and Conduct

Member Content Code of Conduct

Orbius is a social media platform that enables companies, brands, associations, groups and individuals to connect with word of mouth techniques. We want your Orb (community) to be a place where people respect the rights and feelings of others, including third party intellectual property rights. Therefore, we have established certain rules for using Orbius-based Communities and for posting messages, photos, video and other content ("Content") on Orbius, which rules are set forth in this Agreement and this User Code of Conduct.

WHEN MEMBERS USE ORBIUS, YOU ARE AGREEING TO ABIDE BY THE MEMBER CODE OF CONDUCT AND THE OTHER RULES SET FORTH IN OUR TERMS OF USE. FAILURE TO ADHERE TO THIS CODE OF CONDUCT AND THE TERMS OF USE MAY RESULT, AMONG OTHER THINGS, IN TERMINATION OF YOUR ACCOUNT AND THE DELETION OF CONTENT THAT YOU HAVE POSTED, WITH OR WITHOUT NOTICE, AS DETERMINED BY CLIENT OR ORBIUS IN ITS SOLE DISCRETION.

Third-Party Content

Orbius allows Members to link to, upload and share User Generated Content with your Members and associates, such as photographs and videos from your computer, camera, webcam or mobile phone or other means. This means that you may post and share original photographs and video that are of a personal nature that: (i) are of you or your Members, (ii) are taken by you or your Members, or (iii) are original art or animation created by you or your connected Members. It is not intended as a place for you to post third-party copyrighted content, such as the latest episode of a popular TV show or your favorite music video. In addition, we expect our Members to use good judgment and respect the copyrights and other intellectual property rights of others. Therefore, in using Orbius, you may not:

• upload or share any photographs, videos or other Content other than original works that are created by you or another Member
• post or share any Content that infringes upon or violates the copyright, trademarks or other rights of any third party
• attempt to circumvent any content filtering techniques we may employ

Inappropriate Content

While we believe Members should be able to express themselves and their point of view, certain kinds of speech simply do not belong in our communities. Therefore, you may not post or share Content that:

• is obscene, pornographic or sexually explicit
• depicts graphic or gratuitous violence
• makes threats of any kind or that intimidates, harasses, or bullies anyone
• is derogatory, demeaning, malicious, defamatory, abusive, offensive or hateful

If you are an Orb Owner, you agree to undertake the responsibility to monitor for such content and to take appropriate action.

Orbius reserves the right to suspend, and eventually terminate, your use of the Platform without notice if it has any reasonable cause that you have posted or failed to monitor your Orb for Inappropriate Content.

Unlawful or Harmful Content or Conduct

Although as a social media community platform service provider, we are not responsible for the conduct of our Members, we want the Orbius Platform to be a safe place on the internet. Therefore, in using Orbius Communities, you may not:

• violate any local, state, national or international law or post any Content that would encourage or provide instructions for a criminal offense
• impersonate any person or entity or otherwise misrepresent yourself, your age or your affiliation with any person or entity
• use Community to send or make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
• post or share any personally identifiable or private information of any third party
• solicit passwords or personal information from anyone, including those under 18
• use information or content you obtained on any Orbius Community website in any manner not authorized by the Orbius Code of Conduct or Terms of Use
• post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
• register for more than one account or use or attempt to use another's account, service or system without authorization or create a false identity on the Service or the Site
• engage in any predatory or stalking conduct

This Content Code of Conduct is subject to change at any time at Orbius’ sole discretion.

Your Account

Term

These Terms of Service commence upon your acceptance of these Terms and continues until terminated. These Terms will automatically terminate if Orbius decides, in its sole discretion, to discontinue the Orbius Platform.

Deactivating Your Account

You may deactivate your Orbius account at any time, for any reason, by following the instructions on Orbius.

Orbius has the right (at its sole discretion) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Orbius Platform or any Orb, or remove and discard any Content within any Network, without notice and for any reason.

Effects of Deactivating an Account

Upon deactivating your account, these Terms terminate and your access rights to the Orbius Platform will immediately cease to exist. Note that, even if Content is deleted from Orbius's active servers, it may remain in our archives. Orbius will have no obligation to refund any prepaid fees for premium services.

Survival

The provisions under the following headings will survive termination of these Terms for any reason: License from You (under heading “Licenses to Content”), Content and Interaction, Acceptable Use and Conduct, Privacy and Spam, Disclaimer of Warranties, Indemnity, and Limitation of Liability.

Changes to Orbius

Orbius, Inc. reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Orbius Platform or any part thereof with or without notice. Orbius will not be liable to you or to any third party for any modification, suspension or discontinuance of the Orbius Platform.

Disclaimer of Warranties

YOUR USE OF ORBIUS, AND ALL CODE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. ORBIUS AND ALL CODE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  ORBIUS INC AND EACH USER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. NEITHER NING NOR ANY USER MAKES ANY WARRANTY THAT ORBIUS, OR AND CODE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Indemnity

You agree to indemnify, defend, and hold harmless Orbius, Inc., and its subsidiaries, affiliates, officers, agents, corporate sponsored community owners and sponsors or other partners, and employees, from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to

1.     any Code or Content you submit, post, transmit, or make available through Orbius;

2.     your use or misuse of Orbius;

3.     your connection to Orbius;

4.     your violation of these Terms; or

5.     your violation of any rights (including intellectual property rights) of a third party.

Limitation of Liability

YOU AGREE THAT ORBIUS, INC. SHALL NOT BE LIABLE TO YOU FOR (A) ANY 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 ORBIUS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE ORBIUS OR ANY CODE OR CONTENT, (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA; AND (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING ANOTHER USER) ON ORBIUS OR ANY CODE OR CONTENT; OR (B) FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS.

Updates to Terms of Service

These Terms may be updated or changed by Orbius, Inc. from time to time upon Orbius' posting amended Terms on this page. If you do not agree to changes to the Terms, you must notify Orbius in order to terminate your account.

In addition to these Terms, you will comply with all policies applicable to Orbius, Inc. and Orbius, which policies are (i) either posted on Orbius or provided to you and (ii) incorporated by reference into these Terms.

General

The failure of Orbius to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. Your Orbius account is non-transferable. You may not delegate your duties under these Terms or assign these Terms, in whole or in part.

Any unauthorized use of any Orbius computer system is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. S 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.

The other Users of Orbius are intended third party beneficiaries of your obligations under these Terms.

Orbius may assign these Terms to any successor or purchaser of Orbius, Inc. or all or substantially all of its assets.

These Terms shall be governed by the laws of the Commonwealth of Pennsylvania without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

These Terms, which incorporate the Orbius Content Code of Conduct Policy, governs your use of the Orbius Platform, superseding any prior agreements (whether written or oral) between you and Orbius regarding the subject matter hereof.

Questions and Comments

Contact us with any questions and comments about this Orbius User Terms of Service and Orbius Content Code of Conduct Policy or associated Orbius Privacy Policy:

·         By Email:  privacy@orbius.com.

·         By Mail:

                  Orbius, Inc.

Attn: Privacy Officer,

21 Bishop Hollow Road,

Newtown Square, PA 19073, USA

Recent Changes to the Orbius Terms of Service

Orbius User Privacy Policy

Last Update: March 21^st, 2008

On Orbius, the term Orb is used to refer to a Community.

This document outlines the types of personal and Orb information that are received, collected and stored when you use Orbius. It describes how such information is used and accessed, and the steps we take to safeguard the information.

We hope this will help you make an informed decision about sharing personal information within Orbius.

If you do not agree to all these terms and conditions, please do not provide us with any information and do not use Orbius or join any Orb on Orbius.

This Privacy Policy is incorporated into, and part of, the Orbius User Terms of Service, which governs your use of Orbius in general. By visiting and signing up to use Orbius, providing personal information, and/or using the Service, you signify your agreement to all of the terms and conditions of this Privacy Policy. Any capitalized term not defined in this Privacy Policy has the meaning as described in the Orbius User Terms of Service.

All Users and Orb Owners that create Orbs on the Orbius Platform are required to meet the terms of this Privacy Policy. However, we suggest you to be careful and use caution when providing Personal Data to Communities on Orbius. Unfortunately, there is no means we can be responsible for the actions of other Users or by Owners of Orbs created on Orbius.

By registering on or using Orbius, you agree

1.     to comply with all terms and conditions of this Privacy Policy,

2.     that Orbius and any User may process (i.e., collect, use, etc.) your Personal Data as described in this Privacy Policy or the Terms of Service, and

Minors:  In compliance with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), Orbius does not collect or maintain information on the Orbius Platform from users whom we actually know to be under 13 years of age, and no part of our Service is structured to attract anyone under 13. Those persons under the age of 13 are prohibited from registering on the Orbius.

Collection of User Information

Personally Identifiable User Information

Once you register with Orbius and sign in to the Orbius Platform, you are not anonymous to Orbius.

When registering on Orbius, you provide Personal Data, which includes your email, a User- chosen password, name, gender, birth date, country, city, state and postal code of residence. Your Birth Date will never be displayed on Orbius. It is used only for age confirmation and to display your age decade bracket. You agree to provide your birth date truthfully for the purpose of age confirmation.

To combat online fraud, Orbius may also record your IP address when you submit your information.

In addition, if you choose to purchase premium services on Orbius, you provide necessary information to process your credit card payment, including your billing address. When you use the Orbius Contact List feature, you also provide contact information of other people (“Contact List”) to view.

In an effort to support group-specific as well as location-based communities, Orbius may validate the domain from which your email address originates (e.g., gmail.com or hotmail.com).

You can decline to share such Personal Data with us by not registering on Orbius.

Cookies and Passive Data Collection

Orbius automatically receives and records information on our server logs from your browser, including your IP address, Orbius cookie information, and the page you request. Some of these may be available to Orb owners when you interact with their Orbs.

Users should be aware that other websites you visited before using Orbius might place personally identifiable information within a User's URL during a visit to their website, and Orbius has no control over such actions by these websites. Accordingly, some of this information may be logged by a subsequent website that collects URL information.

Content and Use of Orbs on Orbius

When you post Content (or send messages) in any Orb on Orbius that enable direct sharing of information with other Users and visitors, other Users and visitors will have access to any Personal Data in such Content. The Orbius Platform keeps track of Content that you have uploaded to an Orb on Orbius. Such information, displayed with your Orbius Profile and photo, if you uploaded one, is available to Users and visitors to Orbius.  In addition, Orbius enables other Users to invite you to use or join Orbs on Orbius.

Because you may voluntarily disclose any Personal Data on Orbius, you should be careful about the information you choose to disclose. Orbius does not control that disclosure, and is not liable in any way for anyone's use or misuse of the information in the disclosure. Use proper caution and judgment. When you suspect any possible misuse or if an Orb Owner fails to comply with the User Privacy Policy, do not disclose any personal information and report the alleged abuse to Orbius as soon as possible.

Orb owners that ask for your email address or other personal information, even if they are not displayed, will specifically ask you for it as a required field. If you supply such information, the Orb Owner has full control, including ability to export the information.

Copyright Content.

If you post any Copyright Content on Orbius, you attest that you legally have the appropriate rights to post such content. You also acknowledge that such content can be used and controlled by other Users or Orb Owners as above.

Deleting Your Information, Content, Comments and Postings.

You may delete any of the Personal Profile Information you control at any time. You may also delete any information in your member area of any Orb you have joined. You may delete any postings other users make on your Personal Profile or your member profile in an Orb.

However, any other comments or postings you have made in the Orb or in Personal Profile sections of other Users will remain in the system. Such comments and postings are under the control of the Orb Owners and Users. You may send a request to them to have those comments and postings removed  from the areas they control, but they are under no obligations to comply.

Please do not make any comments or postings in areas that you don’t control that you might have any concern as a permanent record.

Also, some of your content may remain in our permanent archive and temporary backup storage system even when they are no longer visible to users on Orbius.

Use of Information

Orbius uses any information voluntarily given by our Users internally to guide our product development, to provide interactive or personalized elements to users or to better provide content based on the interests of our users.

Orbius creates aggregate reports on user demographics, Orb membership, and traffic patterns for advertisers, sponsors and partners. This allows our sponsors to advertise more effectively, and allows our users to receive advertisements that are more pertinent to their interests. This is essential to keeping our service free.

We will not disclose any information about any individual user except to comply with applicable law or valid legal process or to protect the personal safety of our users or the public.

See below for more description of use of your information and content you post in Orbs by Orb Owners.

Disclosure and Sharing of Your Information

Sharing with Orbius Service Providers

Orbius may need to provide your Personal Data to third parties to deliver specific services to you (such as credit card payment processing). These third parties are required not to disclose your Personal Data and not to use your Personal Data other than to provide the services requested by Orbius.

Orb Owners Control Your Information and Content in an Orb

The Orbius Terms of Service require each Orb Creator and assigned Orb Owners to comply with applicable laws (e.g., CAN-SPAM) and Orbius' rules with respect to the Orb Owners’ use of your Personal Data.

As a standard practice, Orbius will not allow any Orb Owner to modify the User Privacy Policy. But under certain circumstances and necessity, an Orb may have its own privacy policy applicable to your Orb. Such policy must be pre-approved by Orbius in advance and in writing but will under no circumstances to have lesser protection of your privacy than this Orbius User Privacy Policy. If you, as a participant of an Orb, agree to the Orb's privacy policy, you agree that any dispute you have with an Orb is between you and that Orb Owners (and not with Orbius).

Orbs with their own Privacy Policy are clearly indicated in the footer of every page.

Note that Orb Owners have full control of all the information you have posted within the Orb they control. They have the ability to export the data you have supplied to them in the Orb Member Profile and use such information as per the privacy policy they agree to adhere by. If you do not want the Orb Owner to be able to use such information, please do not provide it to the Orb or choose not to join the Orb. An Orb Owner may also have information of your usage pattern within their Orbs that you joined.

Orb Owners do not have access to any of your information that you post or information of your usage of Orbius outside of their Sponsored Orbs.

Law Enforcement

Orbius may disclose Personal Data if required by a subpoena or other judicial or administrative order, where required by law, or, at our sole discretion, where we deem necessary to protect the safety of any individual or the general public or to prevent violation of our Terms of Service or the rights of Orbius or any third party.

This includes content that may remain in our permanent archive and temporary backup storage after you have deleted it from Orbius.

Communications from Orbius

Orbius uses information that users voluntarily provide in order to send out electronic newsletters and notifications about Orbius services, and to enable users to participate, be notified of updates in communities on Orbius.

Orbius never sells or shares emailing lists with any third parties, including advertisers, sponsors or partners. Orbius may provide services to allow such third parties to send you communications without Orbius disclosing your information to them.

Non-US Users

By using Orbius and Communities operating on the Orbius Platform and providing Orbius with data, you acknowledge and agree that due to the international dimension of Orbius we may use the data collected in the course of our relationship for the purposes identified in this Privacy Policy or in our other communications with you, including the transmission of information outside your resident jurisdiction.

In addition, please understand that such data may be stored on servers located in the United States where laws protecting Personal Data may not be as stringent as the laws in your jurisdiction. By providing us with your data in the course of using Orbius and the communities on the Orbius Platform, you consent to the transfer of such data.

Transfer of information

We reserve the right to transfer your personal information in the event of a transfer of ownership of Orbius.com, such as acquisition by, merger with another company or sale of assets. In such an event, Orbius will notify you before information is transferred and becomes subject to a different privacy policy.

Change of Ownership

In the event of a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we reserve the right to transfer all of Orbius' User information, including email addresses, to a separate entity. Orbius will notify Users (via a posting on this site or email of such a transfer, and Users may choose to modify their registration information or deactivate their account at that time.

Orbius Related Entities

In the future, Orbius may have related entities such as a parent company, subsidiaries, joint ventures, or other companies under a common control (collectively, “Related Entities”). In the event, Orbius may share some or all of your Personal Data with these Related Entities, we will seek to require our related entities to abide by this Privacy Policy or a policy with similar or more stringent use for your personal data.

Security and Safeguards

We take applicable best practice industry-standard security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include reviews of procedures, data collection, storage and processing practices and security measures, as well as physical security that guard against unauthorized access to systems containing the personal data.

We restrict access to personal information to only authorized Orbius employees, contractors and agents who need to know that information in order to operate, manage or improve our systems and