Borange provides members one account ("Member Account") with access to social networking and communications web services (the "Service"). Borange also provides members with software (the "Software") and web portal (the "Site") through which the Service may be accessed.
Borange may send SMS text messages to you when you register your mobile phone number and more if you specify that you want to receive alerts on that phone. Depending on your phone service, you may incur costs from these SMS text messages from your phone service provider. You realize that using the Service to send SMS or email messages to your contacts may incur cost to your contacts, depending on their service. Borange is not responsible for any associated costs to you or your contacts.
In consideration of your use of the Site, Software, and/or the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
You also agree to: (a) provide true, accurate, current and complete information as prompted by the Site, Software or Service registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Borange has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Borange has the right to suspend or terminate your Member Account and refuse any and all current or future use of the Site or the Service (or any portion thereof).
You will receive a password and Member Account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your Member Account. You agree to immediately notify Borange of any unauthorized use of your password or Member Account or any other breach of security. Borange cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 7. You agree not to share your Member Account password with any other person for any reason.
As used in this Agreement, “User-Generated Content” means all information (data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials) either publicly posted or privately transmitted by members. You understand that all User Generated Content is the sole responsibility of the person from whom such User-Generated Content originated. This means that you, and not Borange, are entirely responsible for all User-Generated Content that you upload, post, email, transmit or otherwise make available via the Site and the Service. Borange does not control the User-Generated Content posted or sent via the Site and the Service and, as such, does not guarantee the accuracy, integrity or quality of such User-Generated Content. You understand that by using the Service or Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Borange be liable in any way for any User-Generated Content, including, but not limited to, any errors or omissions in any User-Generated Content, or any loss or damage of any kind incurred as a result of the use of any User-Generated Content posted, emailed, transmitted or otherwise made available via the Site and the Service.
You agree to not use the Site or the Service to:
(a). upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b). harm minors in any way;
(c). impersonate any person or entity, including, but not limited to, a Borange official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d). forge headers or otherwise manipulate identifiers in order to disguise the origin of any Borange content or User-Generated Content transmitted through the Site or the Service;
(e). upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f). upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
(g). upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(h). upload, post, email, transmit or otherwise make available 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;
(i). interfere with or disrupt the Site or the Service or servers or networks connected to the Site or the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or the Service;
(j). intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(k). provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
(l). use any robot, spider, scraper or other automated means to access the Borange Service or Site for any purpose without our written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Borange Service or Site;
(m). frame or utilize framing techniques to enclose any trademark, logo, or other materials from the Borange Service without our written consent;
(n). "stalk" or otherwise harass another;
(o). collect or store personal data about other members in connection with the prohibited conduct and activities set forth in paragraphs a through n above;
(p). use the Service in connection with: (i) hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Services could lead directly to death, personal injury, or severe physical or property damage; or (ii) any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable User-Generated Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
By submitting ideas, suggestions, documents, and/or proposals ("Feedback") to Borange through its suggestion or feedback webpages or through email or The Software, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information; and (b) all Feedback will be the sole and exclusive property of Borange and you hereby assign and agree to assign all rights, title and interest you have in such Feedback to Borange together with all intellectual property rights therein.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site, the Software, or the Service (including your Borange Member Account), use of the Site or the Service or Software, or access to the Site or the Service.
You acknowledge that Borange may establish general practices and limits concerning use of the Site or the Service, including without limitation the maximum number of email or SMS messages that may be sent from or received by a Member Account on the Site or the Service, the maximum size of any email message that may be sent from or received by an account on the Site or the Service, the maximum disk space that will be allotted on Borange's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site or the Service in a given period of time. You agree that Borange has no responsibility or liability for the deletion or failure to store any messages and other communications or other User-Generated Content maintained or transmitted by the Site or the Service. You further acknowledge that Borange reserves the right to modify these general practices and limits from time to time.
Borange reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or the Service (or any part thereof) with or without notice. You agree that Borange shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or the Service.
You acknowledge and agree that the Site and the Service and the Software used in connection with the Site or the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Site, the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Borange or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, the Service or the Software, in whole or in part.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE, THE SERVICE AND THE SOFTWARE IS AT YOUR SOLE RISK. THE SITE, THE SERVICE AND THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BORANGE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) BORANGE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SITE, THE SERVICE OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, THE SERVICE OR THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, THE SERVICE OR THE SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, THE SERVICE OR THE SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SITE, THE SERVICE OR THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, THE SERVICE OR THE SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BORANGE OR THROUGH OR FROM THE SITE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
(e) A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SITE, THE SERVICE OR THE SOFTWARE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SITE, THE SERVICE OR THE SOFTWARE. IMMEDIATELY DISCONTINUE USE OF THE SITE, THE SERVICE AND THE SOFTWARE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
(f) BORANGE IS INTENDED ONLY AS PERSONAL, LOCATION-BASED SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE BORANGE SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BORANGE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU 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 BORANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE, THE SERVICE OR THE SOFTWARE; (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 SITE OR THE SERVICE ; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE ; OR (v) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE OR THE SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS OF 20 AND 21 MAY NOT APPLY TO YOU.
Borange™, Textie™, and the Borange logo trademarks and service marks and other Borange logos and product and service names (the “Borange Marks”) are trademarks of Borange. You may not display or use the Borange Marks in any manner without Borange’s prior written consent.
Borange respects the intellectual property of others, and we ask our users to do the same. Borange may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). Please provide Borange's Copyright Agent the following information: 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. a description of the copyrighted work or other intellectual property that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the site; 4. your address, telephone number, and email address; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. a statement by you, made under penalty of perjury, that the above information in your 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. Borange's Agent for Notice of claims of copyright or other intellectual property infringement can be reached by email: firstname.lastname@example.org
(c) No Right of Survivorship and Non-Transferability. You agree that your Borange account is non-transferable and any rights to your Member Account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Please report any violations of this agreement via email to email@example.com