CHANGES TO TERMS
We may update these Terms from time to time and may amend them at any time to incorporate additional terms specific to additional features, materials, information, products, opportunities, or services that we may make available on or through the Website. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Website. You should view these Terms often to stay informed of changes that may affect you, as your continued use of the Website signifies your continuing consent to be bound by these Terms. We expressly reserve the right to make any changes to these Terms, or to the Website and its content, at any time, without prior notice to you.
In order to use certain features of the Website, you will have to create an account ("Member Account"). You may never use another's Member Account without permission. As part of the account setup and registration process, you may be asked to select a username and password. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Website to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
YOUR USE OF THE WEBSITE
INTELLECTUAL PROPERTY OWNERSHIP
Except for your Content, all text, content, documents, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software, and other works on the Website (the "Materials") are owned by Orexo US, Inc. and its affiliates or used with permission or under license from a third party (hereinafter collectively referred to as the "Owner") and are protected under copyright, trademark, and other intellectual property and proprietary rights laws. As between Orexo US, Inc. and you, all rights, title and interest in and to the Materials will at all times remain with Orexo US, Inc. and/or its Owners. The word "Orexo," the "Orexo" logo, and other marks, logos, and titles are registered and/or common law trade names, trademarks, or service marks of Orexo US, Inc. All Content is the sole responsibility of the user who provided it and is stored upon Orexo US, Inc. servers and/or system solely at the direction of such user. Please see the Digital Millennium Copyright Act section below for more details. Orexo US, Inc. reserves all other rights. Except as expressly provided herein, nothing on the Website shall be construed as conferring any license under Orexo US, Inc. and/or its Owner's intellectual property rights, whether by estoppel, implication, or otherwise. Notwithstanding anything herein to the contrary, Orexo US, Inc. may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
You retain ownership of your Content, and you hereby grant Orexo US, Inc. and its designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, fully paid-up, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display and perform (publicly or otherwise) your Content, solely in connection with the Website (including without limitation for purposes of promoting the Website). Please note that, while you retain ownership of your Content, any template or layout in which you arrange or organize such Content through tools and features made available through the Website are not proprietary to you, and can be used by Orexo US, Inc. and others for any purposes. You acknowledge and agree that you have no rights in any such template and/or layout, and such template or layout shall be the sole and exclusive property of Orexo US, Inc. You represent, warrant and covenant that (i) you own or otherwise possess all necessary rights with respect to your Content, and (ii) your Content does not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable.
RESTRICTIONS ON USE
No other use of the Website or Materials is authorized. You agree that any copy of the Materials (or any portion of the Materials) that you make must retain all copyright and other proprietary notices contained herein or therein. Framing of the Website or Website Materials or posting of Materials on other Websites is strictly prohibited. The use or misuse of any Materials, except as provided in these Terms or in the Materials, is strictly prohibited. You shall not, without Orexo US, Inc.'s express written consent: (a) distribute text or graphics to others, (b) copy and retransmit, disseminate, broadcast, circulate, or otherwise distribute the Materials on any other server, or modify or reuse all or part of the Materials on this system or any other system, (c) use any tradename, trademark, or brand name of Orexo US, Inc. in metatags, keywords and/or hidden text, (d) copy, distribute, modify, transmit, perform, reuse, repost, or otherwise display the Materials, in whole or in part, for public or commercial purposes or modify, translate, alter, or create any derivative works thereof, (e) create derivative works from the Materials or commercially exploit the Materials, in whole or in part, in any way, (f) use the Website, the Materials, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution, or statement as to Orexo US, Inc., the Owner, or any third party referenced therein, (g) use the Materials, and/or any services and products on the Website or accessible via the Website for unlawful purposes only, or (h) alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Materials.
Your use of the Website is conditioned upon your compliance with the following rules ("Acceptable Use Restrictions"):
You shall not upload to, transmit through, or display via the Website any Content that: (i) is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (ii) contains confidential, proprietary, or trade secret information of any third party; (iii) violates the rights of others, including without limitation any privacy rights or rights of publicity; (iv) impersonates any person or entity, falsely states or otherwise misrepresents your affiliation with any person or entity, or uses any fraudulent, misleading or inaccurate email address or other contact information; (v) violates any applicable laws or regulations; (vi) makes any statement, express or implied, that you are endorsed by Orexo US, Inc.; (vi) harms minors in any way, including, but not limited to, by depicting content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; (vii) contains any unsolicited promotions, political campaigning, advertising or solicitations; (viii) in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose the Orexo US, Inc., any of its officers, directors, or employees, or other users to any harm or liability of any type.
You shall not use the Website to engage in any of the following activities: (i) accessing, using, or uploading Content to, or attempting to access, use, or upload Content to another user's account without permission; or (ii) transmitting, uploading, or downloading, any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs, or other items of a destructive nature.
You shall not: (i) modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Website; (ii) remove any copyright, trademark, or other proprietary rights notices contained in or displayed on any portion of the Website; (iii) "frame" or "mirror" any portion of the Website, or link to any Material other than via the homepage of the URL located at http://www.rise-us.com/ or the URLs provided by us to you for such purposes, without our prior written authorization; (iv) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website; or (v) harvest or collect information about or from users of the Website without their express consent and, if such consent is provided, only pursuant to applicable law. Orexo US, Inc. does not endorse any opinion, recommendation, or advice expressed therein, and Orexo US, Inc. expressly disclaims any and all liability in connection with User Content. Orexo US, Inc. does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Orexo US, Inc. reserves the right to remove Content without prior notice and/or to terminate a user's access to the Website, if the User has been notified of infringing activity and has had Content removed from the Website more than twice. Orexo US, Inc. also reserves the right to decide whether Content is appropriate and complies with these Acceptable Use Restrictions at any time, without prior notice and at its sole discretion.
The Website may include bulletin boards, blogs, chat rooms, comments sections, and other community forums, which allow you to post information, provide feedback and comments, and otherwise interact with other users, either through postings or by interacting in real-time. In connection with such services, you agree to abide by any rules that Orexo US, Inc. publishes in connection therewith, including but not limited to, the prohibition on use of the Website for any unlawful purpose. Although Orexo US, Inc. may from time to time review discussions, chats, comments, transmissions, bulletin boards, blogs, chat rooms, and other community forums available via the Website (the "Community Forums"), you acknowledge Orexo US, Inc. is under no obligation to monitor or control, and shall have no liability for, any information available in the Community Forums. You acknowledge that any opinions, statement, recommendation, offers, advice or other information presented or disseminated on the Community Forums are those of their respective authors who are solely responsible and liable for their content. Orexo US, Inc. reserves the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Community Forums.
The Website may contain links allowing you to leave the Website for other sites that are not under our control ("Linked Sites"). Orexo US, Inc. provides the Linked Sites to you only as a convenience and does not endorse any Linked Sites. Orexo US, Inc. is not responsible for the contents or transmission of any Linked Site or any link contained in a Linked Site or for ensuring that the Linked Sites contain no errors or viruses. Orexo US, Inc. is not responsible for these Terms or privacy practices of the Linked Sites or any link contained in the Linked Sites. Your linking to any Linked Site or any other off-site page or other site is entirely at your own risk. Orexo US, Inc. encourages you to carefully read the policies of each site you visit.
DIGITAL MILLENNIUM COPYRIGHT ACT
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)), we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe a copyright is being infringed by a user of the Site or by Company, please provide written notice to Company's designated agent for notice of claims of copyright infringement using the contact form provided here and selecting the "DMCA violations" option, or by sending an e-mail to firstname.lastname@example.org.
Your written notice must:
Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated agent.
UNITED STATES ONLY
By using the Website, you agree and acknowledge that the Website is hosted in the United States. If you are attempting to access the Website from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of this Website, you are (i) transferring your personal information to the United States. Any legal action brought under or in connection with your use of the Websites shall be brought only in the United States District Court for the Southern District of New York or, if such court would not have jurisdiction over the matter, then only in a New York State court sitting in the Borough of Manhattan, City of New York. Each party hereby completely and irrevocably submits to the exclusive jurisdiction of these courts and agrees not to commence any legal action under or in connection with the subject matter of this Agreement in any other court or forum. Each party waives any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of this Agreement in the federal or state courts sitting in the Borough of Manhattan, City of New York, and agrees not to plead or claim in such courts that any such action has been brought in an inconvenient forum.
WITHOUT LIMITING THE FOREGOING, THE MATERIALS AND ALL OTHER FEATURES ON THE WEBSITE ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND WITH RESPECT TO THE WEBSITE AND/OR MATERIALS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN OREXO US, INC. HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OREXO US, INC., ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, OREXO US, INC. DOES NOT MAKE ANY WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEBSITE, MATERIALS, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. OREXO US, INC. RESERVES THE RIGHT TO CHANGE ANY PART OF THE WEBSITE AT ANY TIME WITHOUT NOTICE.
LIMITATION OF LIABILITY
NO FRAMING; LINKS; THIRD-PARTY WEBSITES
Framing, in-line linking, or other methods of association with the Website are expressly prohibited without prior written approval from Orexo US, Inc.
You affirm that you are more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
Notwithstanding anything contained herein, the functionality provided to you by the Website and the Orexo US, Inc.'s systems, networks, and servers are not an archive and Orexo US, Inc. shall have no liability to you or any other person for loss, damage, or destruction to your Content or any other information submitted to or via the Website. You shall be solely responsible for (i) uploading your Content, (ii) preventing any loss or damage to your Content, and (iii) maintaining independent archival and backup copies of any Content.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Orexo US, Inc. without restriction.
Any limitations on liability that favor Orexo US will survive the expiration or termination of these Terms for any reason.
Orexo US, Inc.'s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.