Terms and Conditions
Last updated: June 07, 2021
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following
conditions. The following definitions shall have the same meaning regardless of whether they
appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
● Affiliate means an entity that controls, is controlled by or is under common control with a
party, where "control" means ownership of 50% or more of the shares, equity interest or
other securities entitled to vote for election of directors or other managing authority.
● Account means a unique account created for You to access our Service or parts of our
Service.
● Country refers to: Delaware, United States
● Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement)
refers to Orchestr8.me LLC, 651N. Broad St STE 205 #5743 Middletown, DE 19709.
● Content refers to content such as text, images, or other information that can be posted,
uploaded, linked to or otherwise made available by You, regardless of the form of that
content.
● Device means any device that can access the Service such as a computer, a cellphone
or a digital tablet.
●
Feedback means feedback, innovations or suggestions sent by You regarding the
attributes, performance or features of our Service.
●
Goods refer to the items offered for sale on the Service.
●
Orders mean a request by You to purchase Goods from Us.
●
Service refers to the Website.
●
Subscriptions refer to the services or access to the Service offered on a subscription
basis by the Company to You.
●
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions
that form the entire agreement between You and the Company regarding the use of the
Service.
●
Third-party Social Media Service means any services or content (including data,
information, products or services) provided by a third-party that may be displayed,
included or made available by the Service.
●
●
You means the individual accessing or using the Service, or the company, or other legal
entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that
operates between You and the Company. These Terms and Conditions set out the rights and
obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance
with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and
others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You
disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to
use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and
compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies
and procedures on the collection, use and disclosure of Your personal information when You
use the Application or the Website and tells You about Your privacy rights and how the law
protects You. Please read Our Privacy Policy carefully before using Our Service.
Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You are legally capable of
entering into binding contracts.
Your Information
If You wish to place an Order for Goods available on the Service, You may be asked to supply
certain information relevant to Your Order including, without limitation, Your name, Your email,
Your phone number, Your credit card number, the expiration date of Your credit card, Your billing
address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or
other payment method(s) in connection with any Order; and that (ii) the information You supply
to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment
processing third parties for purposes of facilitating the completion of Your Order.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but
not limited to:
● Goods availability
● Errors in the description or prices for Goods
● Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal
transaction is suspected.
Your Order Cancellation Rights
Any Goods you purchase can only be returned in accordance with these Terms and Conditions
and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy
to learn more about your right to cancel Your Order.
Your right to cancel an Order only applies to Goods that are returned in the same condition as
You received them. You should also include all of the products instructions, documents and
wrappings. Goods that are damaged or not in the same condition as You received them or
which are worn simply beyond opening the original packaging will not be refunded. You should
therefore take reasonable care of the purchased Goods while they are in Your possession.
We will reimburse You no later than 14 days from the day on which We receive the returned
Goods. We will use the same means of payment as You used for the Order, and You will not
incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Goods:
● The supply of Goods made to Your specifications or clearly personalized.
● The supply of Goods which according to their nature are not suitable to be returned,
deteriorate rapidly or where the date of expiry is over.
● The supply of Goods which are not suitable for return due to health protection or hygiene
reasons and were unsealed after delivery.
● The supply of Goods which are, after delivery, according to their nature, inseparably
mixed with other items.
● The supply of digital content which is not supplied on a tangible medium if the
performance has begun with Your prior express consent and You have acknowledged
Your loss of cancellation right.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our
Service may be mispriced, described inaccurately, or unavailable, and We may experience
delays in updating information regarding our Goods on the Service and in Our advertising on
other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including
prices, product images, specifications, availability, and services. We reserve the right to change
or update information and to correct errors, inaccuracies, or omissions at any time without prior
notice.
Prices Policy
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the
event of any occurrence affecting delivery caused by government action, variation in customs
duties, increased shipping charges, higher foreign exchange costs and any other matter beyond
the control of the Company. In that event, You will have the right to cancel Your Order.
Payments
All Goods purchased are subject to a one-time payment. Payment can be made through various
payment methods we have available, such as Visa, MasterCard, Affinity Card, American
Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization
by Your card issuer. If we do not receive the required authorization, We will not be liable for any
delay or non-delivery of Your Order.
Subscriptions
Subscription period
The Service or some parts of the Service are available only with a paid Subscription. You will be
billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually),
depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same
conditions unless You cancel it or the Company cancels it.
Subscription cancellations
You may cancel Your Subscription renewal either through Your Account settings page or by
contacting the Company. You will not receive a refund for the fees You already paid for Your
current Subscription period and You will be able to access the Service until the end of Your
current Subscription period.
Billing
You shall provide the Company with accurate and complete billing information including full
name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic
invoice indicating that you must proceed manually, within a certain deadline date, with the full
payment corresponding to the billing period as indicated on the invoice.
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any
Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees
to give You an opportunity to terminate Your Subscription before such change becomes
effective.
Your continued use of the Service after the Subscription fee change comes into effect
constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a
case-by-case basis and granted at the sole discretion of the Company.
User Accounts
When You create an account with Us, You must provide Us information that is accurate,
complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may
result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for
any activities or actions under Your password, whether Your password is with Our Service or a
Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately
upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully
available for use, a name or trademark that is subject to any rights of another person or entity
other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or
obscene.
Content
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You post to the
Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly
perform, publicly display, reproduce, and distribute such Content on and through the Service.
You retain any and all of Your rights to any Content You submit, post or display on or through
the Service and You are responsible for protecting those rights. You agree that this license
includes the right for Us to make Your Content available to other users of the Service, who may
also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use
it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your
Content on or through the Service does not violate the privacy rights, publicity rights, copyrights,
contract rights or any other rights of any person.
Content Restrictions
The Company is not responsible for the content of the Service's users. You expressly
understand and agree that You are solely responsible for the Content and for all activity that
occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust,
threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such
objectionable Content include, but are not limited to, the following:
● Unlawful or promoting unlawful activity.
● Defamatory, discriminatory, or mean-spirited content, including references or
commentary about religion, race, sexual orientation, gender, national/ethnic origin, or
other targeted groups.
● Spam, machine - or randomly - generated, constituting unauthorized or unsolicited
advertising, chain letters, any other form of unauthorized solicitation, or any form of
lottery or gambling.
● Containing or installing any viruses, worms, malware, trojan horses, or other content that
is designed or intended to disrupt, damage, or limit the functioning of any software,
hardware or telecommunications equipment or to damage or obtain unauthorized access
to any data or other information of a third person.
● Infringing on any proprietary rights of any party, including patent, trademark, trade
secret, copyright, right of publicity or other rights.
● Impersonating any person or entity including the Company and its employees or
representatives.
● Violating the privacy of any third person.
● False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine
whether or not any Content is appropriate and complies with this Terms, refuse or remove this
Content. The Company further reserves the right to make formatting and edits and change the
manner any Content. The Company can also limit or revoke the use of the Service if You post
such objectionable Content. As the Company cannot control all content posted by users and/or
third parties on the Service, you agree to use the Service at your own risk. You understand that
by using the Service You may be exposed to content that You may find offensive, indecent,
incorrect or objectionable, and You agree that under no circumstances will the Company be
liable in any way for any content, including any errors or omissions in any content, or any loss or
damage of any kind incurred as a result of your use of any content.
Content Backups
Although regular backups of Content are performed, the Company do not guarantee there will
be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted
prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues
that may affect the backups of Content. But You acknowledge that the Company has no liability
related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent
of the Service.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that
Content posted on the Service infringes a copyright or other intellectual property infringement of
any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the
copyrighted work has been copied in a way that constitutes copyright infringement that is taking
place through the Service, You must submit Your notice in writing to the attention of our
copyright agent via email at coc@orchestr.me and include in Your notice a detailed description
of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for
misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright
Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by
providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3)
for further detail):
● An electronic or physical signature of the person authorized to act on behalf of the owner
of the copyright's interest.
● A description of the copyrighted work that You claim has been infringed, including the
URL (i.e., web page address) of the location where the copyrighted work exists or a copy
of the copyrighted work.
● Identification of the URL or other specific location on the Service where the material that
You claim is infringing is located.
● Your address, telephone number, and email address.
● 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.
● 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 authorized to act on the
copyright owner's behalf.
You can contact our copyright agent via email at coc@orchestr.me. Upon receipt of a
notification, the Company will take whatever action, in its sole discretion, it deems appropriate,
including removal of the challenged content from the Service.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users),
features and functionality are and will remain the exclusive property of the Company and its
licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and
foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service
without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any
reason such assignment is ineffective, You agree to grant the Company a non-exclusive,
perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose,
sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or
controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy
policies, or practices of any third party web sites or services. You further acknowledge and
agree that the Company shall not be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with the use of or reliance on any
such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party
web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any
reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate
Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any
of its suppliers under any provision of this Terms and Your exclusive remedy for all of the
foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if
You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its
suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever
(including, but not limited to, damages for loss of profits, loss of data or other information, for
business interruption, for personal injury, loss of privacy arising out of or in any way related to
the use of or inability to use the Service, third-party software and/or third-party hardware used
with the Service, or otherwise in connection with any provision of this Terms), even if the
Company or any supplier has been advised of the possibility of such damages and even if the
remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental
or consequential damages, which means that some of the above limitations may not apply. In
these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects
without warranty of any kind. To the maximum extent permitted under applicable law, the
Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors
and service providers, expressly disclaims all warranties, whether express, implied, statutory or
otherwise, with respect to the Service, including all implied warranties of merchantability, fitness
for a particular purpose, title and non-infringement, and warranties that may arise out of course
of dealing, course of performance, usage or trade practice. Without limitation to the foregoing,
the Company provides no warranty or undertaking, and makes no representation of any kind
that the Service will meet Your requirements, achieve any intended results, be compatible or
work with any other software, applications, systems or services, operate without interruption,
meet any performance or reliability standards or be error free or that any errors or defects can or
will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes
any representation or warranty of any kind, express or implied: (i) as to the operation or
availability of the Service, or the information, content, and materials or products included
thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability,
or currency of any information or content provided through the Service; or (iv) that the Service,
its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses,
scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on
applicable statutory rights of a consumer, so some or all of the above exclusions and limitations
may not apply to You. But in such a case the exclusions and limitations set forth in this section
shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your
use of the Service. Your use of the Application may also be subject to other local, state,
national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the
dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the
law of the country in which you are resident in.
United States Federal Government End
Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term
is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United
States government embargo, or that has been designated by the United States government as
a "terrorist supporting" country, and (ii) You are not listed on any United States government list
of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be
changed and interpreted to accomplish the objectives of such provision to the greatest extent
possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an
obligation under this Terms shall not effect a party's ability to exercise such right or require such
performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any
subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You
on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a
revision is material We will make reasonable efforts to provide at least 30 days' notice prior to
any new terms taking effect. What constitutes a material change will be determined at Our sole
discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to
be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please
stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
● By email: coc@orchestr8.me