OrNah Terms of Service

These Terms of Service (“Terms”) govern your access to and use of our services, including our various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services you agree to be bound by these Terms.

Who May Use the Services

You may use the Services only if you agree to form a binding contract with ornah and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

ornah is not directed at people under the age of 13, and ornah does not knowingly collect any personal information from such people.

Aggreement

This agreement is a legal contract between you and us. You acknowledge that you have read, understood, and agree to be bound by the terms of this agreement. If you do not agree to this agreement, you should not use ornah. Please take a look at the privacy policy that explains how we collect and use your information.

Access

Without advance notice and at any time, we may, for violations of this agreement or for any other reason we choose: (1) suspend your access to ornah, (2) suspend or terminate Your Account (3) remove any of your User Content from ornah.

We reserve the right to monitor ornah, and your use of the Services means you agree to such monitoring. At the same time, we do not guarantee we will monitor at all.

Using the Services

ornah is designed and supported for personal use only. You may not use ornah to break the law, violate an individual's privacy, or infringe any person or entity’s intellectual property or any other proprietary rights.

ornah is not intended to be a marketplace for any goods or services. However, you may find commercial links, coupons, deals, advertisements and other third-party offers on ornah. In addition, ornah may have affiliate relationships with certain of these third parties and may receive compensation for any purchase made from them. ornah is not a party to, nor in any way responsible for, any transactions you have with these third parties, even if ornah has an affiliate relationship with such parties. For this reason, any transactions you undertake are your responsibility alone.

You may not use ornah to conduct transactions for any illegal goods or services.

Your Account

To participate on ornah, you must create an account that includes a username and password ("Your Account") and, if you want to be able to reset your password or have us contact you, an email address as well. Of course, you can also browse ornah without logging in.

You are solely responsible for the information associated with Your Account and anything that happens related to Your Account.

You may not license, transfer, sell, or assign Your Account without our written approval.

Content on the Services

You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.

Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.

Your Content

You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is yours — you own your Content (and your photos and videos are part of the Content).

By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for ornah to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by ornah, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

DMCA

We will respond to legitimate requests under the Digital Millennium Copyright Act ("DMCA"), and we retain the right to remove user content on ornah that we deem to be infringing the copyright of others. If you become aware of user content on ornah that infringes your copyright rights, you may submit a properly formatted DMCA request (see 17 U.S.C. § 512) to ornah.

Misrepresentations of infringement can result in liability for monetary damages. You may want to consult an attorney before taking any action pursuant to the DMCA. A DMCA request can be sent to us via the contact information below, or by completing our DMCA Report Form

Copyright Agent
Zoe Investments LLC
copyright@ornah.com

Please send our Copyright Agent the following information:

1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
2. Identification of the copyrighted work claimed to have been infringed, or a representative list of such works;
3. The URL or Internet location of the materials claimed to be infringing or to be the subject of infringing activity, or information reasonably sufficient to permit us to locate the material;
4. Your name, address, telephone number and email address;
5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law; and
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 owner or are authorized to act on the copyright owner's behalf.

Your right to file a counter-notice

If we remove your user content in response to a copyright or trademark notice, we will notify you via ornah’s notification system. If you believe your user content was wrongly removed due to a mistake or misidentification of the material, you can file a counter-notice with us that includes the following:

1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled;
3. A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.

Upon receiving a counter-notice we will forward it to the complaining party and tell them we will restore your content within 10 business days. If that party does not notify us that they have filed an action to enjoin your use of that content on ornah before that period passes, we will consider restoring your user content to the site.

It is ornah's policy to close the accounts of users we identify as repeat infringers. We apply this policy at our discretion and in appropriate circumstances, such as when a user has repeatedly been charged with infringing the copyrights or other intellectual property rights of others.

Disclaimers and Limitations of Liability

Indemnity

All the things you do and all the information you submit or post to ornah remain your responsibility. Indemnity is basically a way of saying that you will not hold us legally liable for any of your user content or actions that infringe the law or the rights of a third party or person in any way.

Specifically, you agree to hold ornah its affiliates, officers, directors, employees, agents, and third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of ornah your violation of this user agreement, and/or your violation of the rights of any third party or person.

Disclaimer of warranties

ornah is provided "as is" and without warranty of any kind. To the maximum extent permitted by law, we and our affiliates and third party service providers disclaim any and all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your user content. We do not guarantee that ornah will always work properly.

Limitation of liability

We will not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with this agreement or your use of or attempt to use ornah including (but not limited to) damages for loss of profits, goodwill, use, or data. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages. Some states do not allow for the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You may have other rights that vary from state to state.

You agree to release us, our affiliates, and third-party service providers, and each associated director, employee, agents, and officers, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of ornah.

Governing law

We want you to enjoy ornah, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing us at contact@ornah.com.

The headings in this agreement are for convenience and do not control any of its provisions. Any claim or dispute between you and us arising out of or relating to this user agreement, in whole or in part, shall be governed by the laws of the State of Texas without respect to its conflict of laws provisions. We agree and you agree to submit to the personal jurisdiction and venue of the state and federal court located in Harris County, Texas.

If any provision of this user agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement.

If we do not enforce any right or provision in this user agreement, that is not to be deemed a waiver of our right to do so in the future.

Changes to this user agreement

This user agreement is the entire agreement between you and us concerning ornah. It supersedes all prior or contemporaneous agreements between you and us. We may modify this user agreement at any time. If we make changes to this agreement that materially affect your rights, we will provide advance notice and keep this edition available as an archive on the ornah website. By continuing to use ornah after a change to this agreement, you agree to those changes.