You as used orkut space refers to you as an individual end user of orkut space Products and/or the company or other legal entity which uses orkut space Products for its internal business purposes and on behalf of which you are using the orkut space Products ("you" or "your").
2) Minimum Age and Authorization
If you as an individual user are accepting the Terms on behalf of the company or other legal entity, you represent and warrant that you have the authority to do so.
3) Personal Data
Subject to your full and continued compliance with the Terms and the applicable laws, orkut space grants you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited personal license to access orkut space Products for your own use or use within your company.
5) Supplier Content, Third-Party Websites and Additional Terms
orkut space Products may include content from suppliers which are subject to the acknowledgements and terms available orkut space or links to third party websites. You orkut space by agree to orkut space to the terms applicable to such third-party content. orkut space is not responsible for third party websites and a link to such website does not imply any endorsement of such website. Additional terms of third-party content, products or services may apply orkut space made accessible via orkut space Products.
6) Your Content
You may be able to submit content or other information ("Your Content") to orkut space. Unless otherwise agreed with orkut space in accordance with clause 20 of the Terms below, you must own or otherwise control all rights, including copyrights, to Your Content and orkut space does not claim ownership in Your Content.
By submitting Your Content to orkut space, you grant orkut space, its affiliates and its suppliers a world-wide, non-exclusive, sub-licensable, royalty-free, perpetual and irrevocable license to use, store, copy, publicly perform, display, distribute, modify and create derivative works from Your Content for the purposes of providing, promoting, monetizing and improving orkut space Products and other products and services by orkut space, its affiliates, and its suppliers.
orkut space may remove any content stored, sent or otherwise processed via orkut space Products if necessary to protect its rights or the rights of third parties. orkut space may do so with immediate effect and without prior notice, but it will try to inform you in advance to give you reasonable time to mitigate the infringement itself. To the extent permitted by law, orkut space shall inform you of any reports received from a third party alleging infringement of their rights with respect to data uploaded by you.
You may but have no obligation to provide feedback, comments, ideas or other suggestions regarding orkut space Products ("Feedback") to orkut space. If you provide any Feedback to orkut space, you agree that orkut space, its affiliates and its suppliers may use such Feedback for any purpose, without limitation and without any obligation to you.
8) Acceptable Use Policy
Your use of orkut space Products is subject to your compliance with the Acceptable Use Policy. Any restrictions mentioned in the Acceptable Use Policy, these Terms or otherwise described by orkut space do not apply to the extent that such use cannot be prohibited by orkut space contractually due to applicable mandatory law.
9) Modifications and Availability of orkut space Products
To the maximum extent permitted by applicable mandatory law , orkut space may, in its sole discretion, modify, update, discontinue or limit the availability of orkut space Products in whole or in part, such as for reasons related to maintenance, development of functionality, or requiring payment for functionality that was previously provided free-of-charge. orkut space will strive to provide a notification of changes that may significantly impact the use of orkut space Products to the end users of orkut space Products.
orkut space Products may not be accessible from all countries, may be provided only in selected languages and may not be available during maintenance breaks and operations and some features may also be dependent on the network, compatibility of the devices used and the content formats supported.
The discontinuation of orkut space Products at any time result in deletion of Your Content from orkut space Products.
10) Exclusion of Warranty
orkut space PRODUCTS ARE PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW , NEITHER orkut space, ITS AFFILIATES NOR ITS SUPPLIERS WARRANT THAT orkut space PRODUCTS WILL BE UNINTERRUPTED, ERROR OR VIRUS-FREE, ACCURATE OR COMPLETE. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY, INFORMATION OR CONTENT FROM OR WITHIN orkut space PRODUCTS.
11) Limitation of Liability
YOUR USE OF orkut space PRODUCTS IS AT YOUR OWN DISCRETION AND SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY MANDATORY LAW , orkut space, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR LOST PROFITS, LOST REVENUES, LOSS OR RECOVERY OF DATA, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OR EXPENSES OF ANY KIND. IN NO EVENT SHALL THE TOTAL LIABILITY OF orkut space, REGARDLESS OF THE LEGAL BASIS OF THE CLAIM (E.G. TORT, CONTRACT OR OTHERWISE).
12) Your safe use of orkut space Products
Location or map data, directions or other features or content included in or accessible by orkut space Products may be inaccurate or incomplete and may depend on network availability.
You agree to indemnify and hold harmless orkut space, its affiliates, contractors and suppliers from any demands, loss, liability, claims or expenses (including attorney’s fees) arising out of or related to your violation of any of the Terms and/or out of the use of orkut space Products.
14) Choice of Law and Venue
The Terms are exclusively governed . Any dispute between you and orkut space related to the Terms or the use of orkut space..
15) Changes in Terms
orkut space may modify the Terms at any time without prior notice. If the Terms are changed in a material, adverse way, orkut space will provide a separate notice advising of the change.
You are responsible for regularly reviewing the Terms. You orkut space by agree that your continued use of orkut space Products constitutes your compelling evidence of your consent to any changes and modification. If you do not agree to the modifications to the Terms, you may not continue to use orkut space Products.
16) Intellectual Property
orkut space and its suppliers retain all intellectual property and other rights, title and interest in orkut space Products and in all other orkut space products, content, software and other properties provided or used through orkut space Products.
17) Term and Termination
The agreement under the Terms becomes valid when you have accepted the Terms or start using orkut space Products, whichever occurs earlier. You may terminaten the agreement under the Terms at any time by ceasing to use orkut space Products and any and all rights granted to you by orkut space under these Terms will automatically and immediately be revoked. orkut space may suspend your access to orkut space Products or terminate, agreement (a) with immediate effect and without a prior notice in case you are in breach of the Terms or orkut space reasonably believes that you are in breach of the Terms or applicable law or have not used orkut space Products for a period of six (6) months; and (b) for any reason with three (3) months prior written notice. The provisions of the Terms that are intended to survive termination, such as all rights granted by you to orkut space and any indemnifications provided by you to orkut space, remain valid after termination.
18) US Government End Users
orkut space Products are "Commercial Items" as that term is defined at 48 C.F.R. 2.101 and may only be licensed to United States Government end users as Commercial Items in accordance with the Terms.
19) Copyright Infringement Notices
If you believe that your copyrights have been infringed in orkut space Products you may provide a notice by (a) email with "Copyright Infringement Notice" in the subject line to info@orkut space.net, (b) by mailing a document titled, via an online form, if available. In your notice you must:
• identify the original copyrighted work you claim is infringed;
• identify the content in orkut space Products that you claim is infringing the copyrighted work and orkut space it is located;
• provide your full name, mailing address, telephone number, and email address;
• provide a statement that you have a good faith belief that the disputed is not authorized by the copyright owner, its agent, or the law;
• provide a statement by you, made under penalty of perjury, that the information provided is accurate and that you are the copyright owner, or are authorized to act on behalf of the copyright owner of an exclusive right that is claimed to be infringed; and
• provide your physical or electronic signature.
20) Order of Precedence
You may have executed a separate agreement with orkut space for the use of orkut space Products. In case of any conflict between such separate agreement and the Terms, the terms of the separate agreement prevail.
The Terms are between you and orkut space, except to the extent explicitly mentioned otherwise in these Terms. If a provision in the Terms is not enforceable under applicable mandatory law, then the unenforceable part of the provision shall be removed, and the other provisions remain in full force and effect. Torkut space will not be any waiver of orkut space’s rights unless expressly agreed to by orkut space in writing. You may not assign or transfer your rights and obligations under the Terms without orkut space’s express written consent. orkut space may assign its rights and obligations under the Terms to its corporate parent, its subsidiaries, or to any company under common control with orkut space. Additionally, orkut space may assign its rights and obligations under the Terms to a third party in connection with a merger, acquisition, sale of assets or by operation of law.
22) Accessing orkut space Products via iOS
If you are using orkut space Products via mobile apps available in the Apple App-store, the following terms will also apply:
Apple Inc. ("Apple") is not a party to these Terms and orkut space is responsible for the offering and content of orkut space Products via mobile apps of orkut space and its partners in the Apple App-store.