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Terms of service

Privacy Statement

Copyright and Intellectual Property Policy


Terms of service

The terms of this Terms of Service (hereinafter referred to as "Terms of Service") apply to this web site (www.oronjo.com) of Oronjo, with its principal place located in The Netherlands. Please read this Terms of Service carefully.

By accessing this web site and or using the information provided on or via this web site you agree to be bound by this Terms of Service.

1. Use of this web site
A. The information provided on or via this web site should not be used as a substitute for any form of advice. Decisions based on this information are for your own account and risk.

B. Although Oronjo attempts to provide accurate, complete and up-to-date information, which has been obtained from sources that are considered reliable, Oronjo makes no warranties or representations, express or implied, as to whether information provided on or via this web site is accurate, complete or up-to-date.

C. Oronjo controls and maintains this web site from The Netherlands and makes no representation that the information provided on or via this web site is appropriate or available for use in other locations.

D. Oronjo does not represent or warrant that this web site functions without error or interruption.

E. Use of this web site that may hinder the use of other Internet users, that can endanger/jeopardise the functioning of this web site and/or affect the information provided on or via this web site or the underlying software, is not permitted.

2. Content offered
Oronjo offers a distribution service for content of third parties ("User Submissions", as defined below under Intellectual Property). All User Submissions are offered and sold to you by third parties.

3. Communication on line
Messages that you send to Oronjo by e-mail may not be secure. If you choose to send any messages to Oronjo via e-mail or the contact form, you accept the risk that they may be intercepted, misused and modified by a third party.

4. Amendments
Oronjo reserves the right to change the information provided on this web site, including the terms of this Terms of Service, at any time and without notice. It is recommended that you review the information provided on or via this web site, including the terms of this Terms of Service, periodically for changes.

5. Intellectual property
A. In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Oronjo Website.

B. The content on the Oronjo Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Oronjo, subject to copyright and other intellectual property rights under the law.

C. Content on the Website is provided to you AS IS for your information and personal use only and may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Oronjo reserves all rights not expressly granted in and to the Website and the Content.

D. You may access User Submissions solely:

  • for your information and personal use;
  • as intended through the normal functionality of the Oronjo Service;

E. User Submissions bought by you will be made available to you on our website for one year. After this, these User Submissions may no longer be made available to you. Should you wish to enjoy these User Submissions after one year, you should download and store these yourself.

F. You may access User Submissions and other content only as permitted under this Agreement. Oronjo reserves all rights not expressly granted in and to the Oronjo Content and the Oronjo Service.

G. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

H. You agree not to circumvent, disable or otherwise interfere with security-related features of the Oronjo Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Oronjo Website or the Content therein.

I. You understand that when using the Oronjo Website, you will be exposed to User Submissions from a variety of sources, and that Oronjo is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Oronjo with respect thereto, and agree to indemnify and hold Oronjo, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

6. Your User Submissions and Conduct
A. As a Oronjo account holder you may submit content. This content is collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published or sold, Oronjo does not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Oronjo to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Oronjo, you hereby grant Oronjo a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Oronjo Website and Oronjo's (and its successors' and affiliates') business.

D. You also hereby grant each user of the Oronjo Website a non-exclusive license to access your User Submissions through the Website, and to use, store and display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.

E. The above licenses granted by you terminate after one year after you remove or delete your User Submissions from the Oronjo Service. You understand and agree, however, that Oronjo may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

F. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Oronjo all of the license rights granted herein.

G. Oronjo does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Oronjo expressly disclaims any and all liability in connection with User Submissions. Oronjo does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Oronjo will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Oronjo reserves the right to remove Content and User Submissions without prior notice.

H. You acknowledge and agree that Oronjo may have set a fixed upper limit on the number of times or the amount of people by whom your files can be downloaded or the amount of bandwidth that is being used for this procedure during any given period of time, such fixed upper limits may be set by Oronjo at any time, at Oronjo’s discretion. Should Oronjo change such limits Oronjo will take steps to inform you within reasonable time.

7. Account Termination Policy
A. Oronjo will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

B. Oronjo reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length, use of bandwidth or file size. Oronjo may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

C. Oronjo may at any time, terminate its legal agreement with you if the provision of the Services to you by Oronjo is, in Oronjo’s opinion, no longer commercially viable.

8. Financial

A. When You sell content using Oronjo, Your revenue will be put on Your Oronjo account. Also, You can choose to transfer money to Your Oronjo account to make purchases of content offered by other Oronjo users.

B. You shall receive revenue related to a valid purchase of your content items. For each purchase, transaction costs of external payment service providers (such as PayPal or Google Checkout) are deducted from Your revenue, when applicable. Oronjo provides You with estimates of these costs, the actual costs may vary.

C. Oronjo shall pay no interest whatsoever to You related to the balance on your Oronjo account or any outstanding payments.

D. Unless otherwise stated, all fees are quoted in U.S. Dollars.

E. At any time, You can choose to payout the balance on your Oronjo account. A valid PayPal account is necessary to receive payments from Oronjo. When you do not provide Oronjo with a PayPal account, no payments can be made and Oronjo may choose to suspend your account. If You fail to provide Oronjo with a PayPal account within six months after Oronjo's specific request, Oronjo will no longer be eligible to make any payments to You in any kind of way and Your account balance will be transferred to a charity of Oronjo's choice.

F. Unless otherwise agreed to by the parties in writing (including by electronic mail), payments to You shall be sent by Oronjo within approximately seven (7) days after your payout request if Your earned balance is $1,- or more.

G. Payments made can never be reversed.

H. At any time Oronjo may choose to payout the balance on Your Oronjo account to the PayPal account You provided.

I. The fees charged by PayPal for a payout, whether initiated by You or Oronjo, will be deducted from your payment.

J. Any fees related to transaction costs, returned or cancelled payments due to a contact or payment information error or omission may be deducted from the (newly) issued payment.

K. In the event the Agreement is terminated, Oronjo shall pay Your balance on Your Oronjo account to You within approximately seven (7) days after your request (following Oronjo's receipt of Your written request, including by email, to terminate the Agreement) or by Oronjo.

L. Oronjo reserves the right to withhold payment or charge back Your account due to any breach of this Agreement by You, pending Oronjo's reasonable investigation of any of the foregoing or any breach of this Agreement by You, or in the event that a consumer who has purchased your content defaults on payment to Oronjo.

M. In addition, if You are past due on any payment to Oronjo in connection with any Oronjo activity, Oronjo reserves the right to withhold payment until all outstanding payments have been made or to offset amounts owed to You in connection with the Program by amounts owed by You to Oronjo.

N. To ensure proper payment, You are solely responsible for providing and maintaining accurate contact and payment information associated with Your account.

O. You are the seller of your content. Oronjo offers you a distribution service and is not the seller of User Submissions. Therefore, you agree to pay all applicable taxes or charges imposed by any government entity in connection with the content offered by you.

P. All content should be offered including applicable taxes.

Q. All fees Oronjo might charge you are VAT included, when applicable.

R. Oronjo's service is offered for free. However, Oronjo may change its pricing and/or payment structure at any time. If You dispute any payment made under the Program, You must notify Oronjo in writing within thirty (30) days of any such payment; failure to so notify Oronjo shall result in the waiver by You of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by Oronjo. No other measurements or statistics of any kind shall be accepted by Oronjo or have any effect under this Agreement. The payments made under this Agreement are for use by You only and may not be transferred or in any manner passed on to any third party (i.e., distributed to Sites managed by You that require separate payments) unless expressly authorized in writing by Oronjo (including by electronic mail).

S. As a promotional activitiy, Oronjo may choose to give (potential) Oronjo subscribers a small amount of free credit on their Oronjo wallet. Goal is to make it easy to try out Oronjo's service and make a (first) purchase of content of Oronjo users. Therefore, when this credit is used to buy content, the content owner or related charity does not actually receive money for this purchase.

 

9. Advertisements

A. Some of the Services may in the future be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

B. The manner, mode and extent of advertising by Oronjo on the Services are subject to change without specific notice to you.

C. In consideration for Oronjo granting you access to and use of the Services, you agree that Oronjo may place such advertising on the Services.


10. Warrantees and limitations
A. Oronjo makes every reasonable effort to maintain operation of the Oronjo service however because as many events and circumstances are beyond the control of Oronjo, Oronjo does not in any way warrant or otherwise guarantee the availability of the Oronjo system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of Oronjo.

B. THE ORONJO SERVICE IS PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

C. You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.

D. IN NO EVENT SHALL ORONJO BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF MONEY ON AN ORONJO ACCOUNT, LOSS OF FILES, OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.

E. The exclusion of liability is also made for the benefit of employees of Oronjo.

 

11. Indemnity
A. You agree to fully defend and indemnify and hold harmless Oronjo of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of Oronjo in any way related to your use of the Oronjo service or any portion thereof.

B. You agree to fully defend and indemnify and hold harmless Oronjo of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the Oronjo service or any portion thereof. Choice of counsel remains exclusively that of Oronjo.

C. You agree that upon the assignment of your user ID and password that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your user ID. You further agree to defend and indemnify and hold harmless Oronjo of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential User ID and Password information. Choice of counsel remains exclusively that of Oronjo.

12. Force Majeure
Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

13. Assignment
Your rights under this agreement may be assigned only upon prior notice and express approval by Oronjo. Oronjo may assign it's rights hereunder to any person or entity who shall become a principal owner, or shareholder of Oronjo. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.

14. Severability
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

15. Choice of Law
This Agreement shall be interpreted under the laws of the Netherlands without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in competent court in the Netherlands. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.

16. No agency
Notwithstanding any other provision of this agreement, Oronjo is not your agent, partner or joint venturer in any respect.

17. Amendment
Oronjo may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on the Oronjo web site in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts.

 

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Privacy statement

Thank you for reviewing the Privacy Policy for Oronjo. Oronjo is sensitive to the issue of confidentiality in online dealings and is committed to protecting individual privacy. This Privacy Policy is intended to inform users about the general approach Oronjo uses in collecting, using and disseminating user information via Oronjo.

What data do we collect automatically and why?
When you visit Oronjo, our web server automatically recognizes your domain name, but not your e-mail address. We collect the domain name and monitor general site use and traffic patterns to improve our web site and the services we offer. Also, we will monitor whether purchased content is only used by the buyer and not by others.

Oronjo uses web server logs to collect data for metric purposes. Examples of the types of data collected on the logs are IP addresses, referral pages, date and time of site access, and pages visited.

Do we use Cookies or Tracers?
Cookies are small data files placed on your hard drive by a website server when you visit. Oronjo may use cookies for tracking purposes or to make the site easier to use. Cookies are currently the only way to effectively identify a unique anonymous visitor and understand how they navigate our web site. An anonymous visitor to our site remains anonymous in all cases. We do not attempt to identify visitors if they do not voluntarily submit personal information to us. With most internet browsers, you can erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored. Cookies offer enhanced functionality to the user, but whether you allow a cookie to be placed on your computer is up to you!

Do we collect personal information?
In some cases, Oronjo requests personally identifiable information from you in order to satisfy the underlying transaction or purpose of your accessing the site.

Examples of personally identifiable information include names, e-mail addresses, mailing addresses, and the like. Please note that we do not consider aggregated information, from which personally identifiable information has been removed, to be private.

What security is provided?
We do treat your general interaction with Oronjo (e.g., submission of suggestions) as confidential.

When would we disclose your information?
We do not rent, sell, or trade any personally identifiable information about you (e.g., e-mail addresses or IP addresses) to third parties.

In order to cooperate with legitimate governmental requests, subpoenas, or court orders, to protect Oronjo and/or Oronjo's systems and customers, or to ensure the integrity and operation of Oronjo and/or Oronjo's business and systems, Oronjo may access and disclose any information it considers necessary or appropriate under the circumstances.

Oronjo asks children under 14 not to transmit any information to the site. Oronjo welcomes the parent or guardian of a child under the age of 14 to use the site and provide any information, service, or product gained from the site to their child.

What if data is transmitted internationally?
If you are one of our international guests, we realize that you may want to know whether your personal information will be transferred out of your country of origin. Please be aware that when you request a transaction on Oronjo, your personal data may be transferred to computers in outside your country of use in order to process your request.

What about external links?
For the convenience of our site visitors, Oronjo may provide links to third party web sites that are external to Oronjo. These web sites are not operated or controlled by Oronjo, and Oronjo is not responsible for the privacy practices or the content of such external web sites.

How do we keep current?
From time to time, Oronjo may revise this Privacy Policy at its discretion. We note the date of the policy below, so you know when it was last updated.

Oronjo advises you to check back periodically to review the Privacy Policy because users of the site will be prospectively bound by the then-current version of this Privacy Policy.

April 2008

 

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Copyright and Intellectual Property Policy

Oronjo respects the intellectual property of others, and we ask our users to do the same. Oronjo has no responsibility for content on other web sites that you may find or access when using Oronjo’s products or services. Material available on or through other web sites may be protected by copyright and the intellectual property laws. The terms of use of those web sites, and not the Oronjo Terms of Service, govern your use of that material.

It is Oronjo’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Oronjo and/or others.

Notice for Claims of Intellectual Property Violations and Agent for Notice

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Oronjo's Copyright Agent with the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. a description of the copyrighted work or other intellectual property that you claim has been infringed;

3. a description of where the material that you claim is infringing is located on the Oronjo site, with enough detail that we may find it on the web site;

4. your address, telephone number, and email address;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

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 or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Oronjo's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Copyright Agent
c/o Oronjo
Kattenburgergracht 23
1018 KN Amsterdam

By email:

copyright@oronjo.com

Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

 

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