Using Orient Beach Videos website

By utilizing service from Orient Beach Videos you acknowledge that you agree to the User Agreement set forth below.
If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our service.
You MUST read, agree with, and accept all of the terms and conditions in this Agreement and the Privacy Policy, which include those terms and conditions set out below and those incorporated by reference, before you may access Orient Beach Videos service.
While utilizing the Orient Beach Videos Network, you will not:

  • Post, transmit, display, distribute or promote any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, profane, racist, child pornography or indecent material of any kind.
     
  • Encourage, promote, solicit or commit conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any state, local, national or international law.
     
  • Post, transmit, display, distribute or promote in any way, information, software, or other material that violates, plagiarizes or infringes the rights of third parties including, without limitation copyright (including, without limitation, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, or any type of cracker utilities), trademark, patent, trade secret, rights of privacy or publicity or any other proprietary right.
     
  • Violate any laws, third party rights, or our policies including but not limited to this User Agreement.
     
  • Use our services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from the Orient Beach Videos Network for previous violations.
     
  • Send unsolicited or otherwise unauthorized spam through the Orient Beach Videos  Network
     
  • Harvest or otherwise collect information about Orient Beach Videos, including email addresses, without their consent
     
  • Engage in network crippling techniques such as sending out DDoS Attacks to other networks; engage in Phishing schemes, or anything other illegal activities that are prohibited by law or this User Agreement.
     
  • Engage in operating an online business that may be considered a Pyramid Scheme
     
  • Distribute viruses or other technologies that may harm Orient Beach Videos, its users or any interests and properties.

Abusing Orient Beach Videos

Orient Beach Videos and the Community work together to keep the site working properly and the Community safe.
People report problems, offensive content and policy violations to us.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.

We also reserve the right to indefinitely suspend and/or cancel any accounts that are deemed unconfirmed, or whom we cannot verify individual or corporate identity.

You understand and agree that in the event your account is suspended from our network you will be unable to access our services or any content or data on our network until the specific suspended account has been reinstated by Orient Beach Videos. We are not responsible for any data loss incurred due to Indefinite Suspension related issues related to serious policy violations of our network.

We also reserve the right to display a suspension page on any suspended line of service while the account is under active suspension from our network.

You understand that any suspension pages displaying on your line of service will no longer display when/if the line of service in question is reinstated by us.

If you registered a new domain name in conjunction with your service, and Orient Beach Videos terminates your service due to a termination for cause, then Orient Beach Videos reserves the right to request the domain name provider to remove the domain name from the domain name registry and/or transfer the domain name from you to Orient Beach Videos  

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of Orient Beach Videos is strictly prohibited.

Any unauthorized use of accounts or computers by a Orient Beach Videos customer, whether or not the attacked account or computer belongs to Orient Beach Videos, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Orient Beach Videos reserves the right to discontinue service, or deny access to anyone who violates our User Agreement WITHOUT WARNING OR PRIOR NOTICE. No refunds or fees paid will be made if account termination is due to violation of these terms.

Web Content Storage & Internet Link

Orient Beach Videos agrees to store videos on the Orient Beach Videos Network of servers. The parties expressly recognize that the Internet servers, equipment and telecommunications links are susceptible to crashes and down time. Orient Beach Videos warrants that it shall use its best efforts to maintain a consistent link with the Internet, but cannot and does not warrant that it shall maintain a continuous and uninterrupted link.

Bandwidth

Orient Beach Videos does not guarantee any specific response rate or download/upload time. Orient Beach Videos will make best efforts to ensure that there is sufficient bandwidth available to meet all Clients\' bandwidth needs.

Liability

You will not hold Orient Beach Videos responsible for other users’ actions of inactions, including things they post. You acknowledge that Orient Beach Videos is a venue and we allow anyone to host anything, at anytime, from anywhere.

Except for any warranties recited in this User Agreement, Orient Beach Videos disclaims all other warranties including, but not limited to, any express or implied warranties of merchantability, fitness for a particular purpose, quality, accuracy, non-infringement and title.

Orient Beach Videos shall not be liable for delays or defaults in furnishing goods or services hereunder, including, but not limited to: acts of God or of a public enemy; fires, severe weather, floods, earthquakes, natural disasters, explosions or other catastrophes, and; causes beyond the control of Orient Beach Videos in furnishing items or services including, but not limited to, breakdown or failure of machinery or equipment, or delay in Client reporting problems or furnishing information or materials.

 Network Maintenance & Performance Upgrades

Orient Beach Videos may, at its own discretion, temporarily suspend all service for the purpose of repair, maintenance or improvement of any of Orient Beach Videos systems. However, Orient Beach Videos shall provide prior notice where it is reasonably practical under the circumstances, and Orient Beach Videos shall restore service as soon as it is reasonably practical.

Data Backup, Loss, Risk & Unauthorized Access

Orient Beach Videos is not responsible to you for unauthorized access to your videos or the unauthorized use of the Services unless the unauthorized access or use results from Orient Beach Videos Networks’ failure to meet its security obligations stated in the Agreement. You are responsible for the use of the Services by any employee of yours, any person to whom you have given access to the Services, and any person who gains access to your data or the Services as a result of your failure to use reasonable security precautions, even if such use was not authorized by you.

Orient Beach Videos is not responsible for maintaining working backup copies of your videos that is stored on any of our services through our wide array or available services, as such Orient Beach Videos cannot be held liable for data loss of any kind and we suggest that data of any importance is frequently backed up.

Notification of Claimed Infringement must include the following:

  1. Physical or electronic signature of a person authorized to act on behalf of the copyright owner.
  2. Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
  3. Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page).
  4. Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, e-mail address).
  5. Statement that the complaining party has \"a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.\"
  6. Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Indemnity

You agree to defend, indemnify and hold Orient Beach Videos , its affiliates, Sponsors, Suppliers and other partners, directors, officers, employees and agents harmless from any and all liabilities, claims, costs and expenses, including reasonable attorneys\' fees, related to or in connection with your, or any user of your account:
a. violation of the User Agreement;
b. use of the Website or any of the Services;
c. placement, posting or transmission of any message, information, software or other content on the Website or through any of the Services.


Section 14. No Warranty

WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES \"AS IS\" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states to not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

Section 15. Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL Orient Beach Videos , INCLUDING ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER Orient Beach Videos  HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OR THE WEBSITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY OF THE SERVICES, REGARDLESS OR WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.