Terms and Conditions
Version No. 1 effective date July 1st , 2018
These Terms describe the terms and conditions applicable to your access and use of the website orbstick.com (hereinafter the “Site”). This document is a legally binding agreement between you as the user(s) of the Site (hereinafter referred to as “you”, “your” or “User”) and Orbstick.com 'A project of Orbstick.org (hereinafter referred to as “we”, “our” or “Orbstick”).
1.APPLICATION AND ACCEPTANCE OF THE TERMS
1.2 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Orbstick, or (b) you are not permitted to receive any Services under the laws of Pakistan or other countries / regions including the country / region in which you are resident or from which you use the Services.
1.3 You acknowledge and agree that Orbstick may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.
1.4 If we posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Site.
1.5 You may be required to enter into a separate agreement, whether online or offline, with Orbstick or our affiliate for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
2. PROVISION OF SERVICES
2.1 You must register as a member on the Site in order to access and use some Services. Further, Orbstick reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) subject to any condition that Orbstick may impose in our discretion.
2.2 No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. We may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.
2.3 Orbstick may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.
3. USERS GENERALLY
3.1 As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.
3.2 You agree to use the Site or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, scripts, directories, files, photos, music, audiovisual combinations, interactive features, databases or listings and other materials available on or through the Site (the “Site Content” or “Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Orbstick, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Orbstick is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.
3.4 You agree not to undertake any action to undermine the integrity of the computer systems or networks of Orbstick and/or any other User nor to gain unauthorized access to such computer systems or networks.
3.5 By posting or displaying any information, content or material (“User Content”) on the Site or providing any User Content to Orbstick or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Orbstick to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site or the provision of any Services. You confirm and warrant to Orbstick that you have all the rights, power and authority necessary to grant the above license.
3.6 You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Orbstick is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is 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 Orbstick with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Orbstick, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
3.7 By signing up with our website, you take full responsibility for securing your account and are completely responsible for any activity that takes place under your account and any actions take in relation with it. Regarding the terms and conditions of Accounts and Membership you must also adhere to the following guidelines;
i. You must not provide false contact information of any sort; doing so may result in the termination of your account.
ii. You must immediately inform us of any form of unauthorized use of your account or any other security breach.
iii. We shall not be liable for any damages that might have been incurred by omissions committed by the user (omissions; a failure to do something, especially something that one has a moral or legal obligation to do).
iv. If we determine;
a. that you have violated any provision or clause of this Agreement;
b. that your conduct or published content would or tend to damage our reputation in any way.
Then we may suspend, disable or delete your account, reserving this right for our organization.
v. If we decide to delete your account for the foregoing reasons, you will be deprived from the right of registering yourself again on this platform. We may also block your e-mail address and your Internet Protocol Address, preventing any future attempts of re-registering.
3.8 We can put your video under age restriction protocol which would require user to verify to login and verify their age to view your posted video. We can add the same protocol with same name for the content which we think is too violent or discrete in matter of audio or video and would ask for the reconfirmation if he wants to watch the video despite of whatever user’s age is.
4. MEMBER ACCOUNTS
4.1 User must be registered on the Site to access or use some Services (a registered User is also referred to as a “Member” below). Except with Orbstick’s approval, one User may only register one-member account on the Site. Orbstick may reject User’s application for registration for any reason.
4.2 Upon registration on the Site, Orbstick shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User.
4.3 A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of the Member ID and password and for all activities that occur under the account. No Member may share, assign, or permit the use of the Member account, ID or password. Member agrees to notify Orbstick immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
4.4 Member agrees that all activities that occur under your account (including without limitation, posting any information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services) will be deemed to have been authorized by the Member.
4.5 Member acknowledges that sharing of your account with other persons, or allowing multiple users to use your account (collectively, "multiple use"), may cause irreparable harm to Orbstick or other Users of the Site. Member shall indemnify Orbstick, our directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, Orbstick shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to Member.
5. MEMBER’S RESPONSIBILITIES
5.1 Each Member represents, warrants and agrees that you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder;
5.2 Member will be required to provide information as part of the registration process on the Site or your use of any Service or the member account. Each Member represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
5.4 Each Member represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit or post; (b) any User Content that you submit or post does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”);
5.5 Each Member further represents, warrants and agrees that the User Content that you submit or post shall:
a) be true, accurate, complete and lawful;
b) not be false, misleading or deceptive;
c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
e) not violate other Terms or any applicable Additional Agreements;
f) not violate any applicable laws and regulations or promote any activities which may violate any applicable laws and regulations;
g) not contain any link directly or indirectly to any other web sites which includes any content that may violate the Terms.
5.6 Each Member further represents, warrants and agrees that you shall/are:
a) carry on your activities on the Site in compliance with any applicable laws and regulations;
b) carry on your activities in accordance with the Terms and any applicable Additional Agreements;
c) not use the Services or Site to defraud any person or entity (including without limitation use of stolen credit/debit cards);
d) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
e) not engage in spamming or phishing;
f) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etcetera) or encourage or abet any unlawful activities;
g) not involve attempts to copy, reproduce, exploit or expropriate Orbstick’s various proprietary directories, databases and listings;
h) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
i) not involve any scheme to undermine the integrity of the data, systems or networks used by Orbstick and/or any user of the Site or gain unauthorized access to such data, systems or networks;
j) not engage in any activities that would otherwise create any liability for Orbstick or our affiliates.
5.7 Member may not use the Services and member account to engage in activities which are identical or similar to Orbstick’s marketplace business.
5.8 Member acknowledges and agrees that Orbstick shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site. Orbstick does not endorse, verify or otherwise certify the contents of any comments or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other information.
5.9 Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Services are in compliance with the same.
5.10 Member shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Orbstick or the respective licensors of the Content. Orbstick and its licensors reserve all rights not expressly granted in and to the Service and the Content.
5.11 You agree not to use the Service for any of the following commercial uses unless you obtain Orbstick's prior written approval:
a) the sale of access to the Service;
b) the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from Orbstick appears on the same page and is of sufficient value to be the basis for such sales.
5.12 The content (information or material) created by you and published on this platform, in course of using this platform, is not in any way, owned by us. You shall bear the sole responsibility of ensuring the accuracy, integrity, reliability, legality, appropriateness, intellectual property ownership and right to use terms of all the content published by you.
We reserve for ourselves the right to monitor the content published by you. Moreover, we also reserve the right to disallow publication or removal of content that, in our reasonable opinion, either violates our policies, harms or tends to harm our reputation or is in any way harmful or objectionable.
Your use of this platform, does not grant us in any way, the right to; use, reproduce, modify, publish or distribute your content for commercial, marketing or any similar purposes, unless specifically allowed by you.
5.13 Prohibited commercial uses do not include:
a) uploading an original video to Orbstick, or maintaining an original station on Orbstick, to promote your business or artistic enterprise;
b) showing Orbstick videos through an embeddable player on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Clause 5.11; or
c) any use that Orbstick expressly authorizes in writing.
6. BREACHES BY MEMBERS
6.1 Orbstick reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to or post on the Site which we reasonably believe is unlawful, violates the Terms, could subject Orbstick or our affiliates to liability, or is otherwise found inappropriate in Orbstick’s opinion.
6.2 If any Member breaches any Terms, or if Orbstick has reasonable grounds to believe that a Member is in breach of any Terms, Orbstick shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the Member’s account and any and all accounts determined to be related to such account by Orbstick in its discretion; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) imposing other restrictions on the Member’s use of any features or functions of any Service as Orbstick may consider appropriate in its sole discretion; and (iv) any other corrective actions, discipline or penalties as Orbstick may deem necessary or appropriate in its sole discretion.
6.3 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
a) Orbstick has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction,
b) Orbstick has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or
c) Orbstick believes that the Member’s actions may cause financial loss or legal liability to Orbstick or our affiliates or any other Users.
6.4 Orbstick reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Orbstick may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. Orbstick shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against Orbstick for such disclosure. We will have our own investigation at first and then our investigating team would decide that whether the requested data by any agency or government should be provided or not.
6.5 Orbstick may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Site without being liable to the Member if Orbstick has received notice that the Member is in breach of any agreement or undertaking with any affiliate of Orbstick and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities.
6.6 Each Member agrees to indemnify Orbstick, our directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission or posting of any User Content, from your use of the Site or Services, or from your breach of the Terms.
6.7 Each Member further agrees that Orbstick is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Site, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. Orbstick reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with Orbstick in asserting any available defenses.
Our platform is endeavors to provide its services to not only its committed users but also advertisers. Advertisers can be external to the platform and can be users themselves. The advertiser, when applying for advertisements on this platform agrees to the terms and conditions of this Agreement. Moreover, the advertise should adhere to the following, keeping in view the advertisements to be published on this platform;
i. the advertisements should be user-friendly;
ii. they should conform especially to the terms of Prohibited Uses.
iii. they should not violates the terms of Intellectual Property Rights.
iv. they should not have false claims which would include un-proven or future promises of equity investments or gains.
iv. they should not, in any way, violate the essence of the terms and conditions, not otherwise mentioned in this Section.
8. LIMITATION OF LIABILITY
8.1 to the maximum extent permitted by law, the services provided by Orbstick on or through the site are provided "as is", "as available" and “with all faults”, and Orbstick hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy or reliability. All such warranties, representations, conditions, and undertakings are hereby excluded.
8.2 to the maximum extent permitted by law, Orbstick makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any information provided on or through the Site; Orbstick does not represent or warrant that use of services offered on the site does not violate any third party rights; and Orbstick makes no representations or warranties of any kind concerning any service offered or displayed on the Site.
8.3 Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to User’s computer system or Orbstick’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Orbstick or through or from the Site shall create any warranty not expressly stated herein.
8.4 The Site may make available to User services provided by independent third parties.
8.5 Each User hereby agrees to indemnify and save Orbstick, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site or Services or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save Orbstick, our directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Orbstick.
8.6 Each User hereby further agrees to indemnify and save Orbstick, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights. Each User hereby further agrees that Orbstick is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Orbstick reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Orbstick in asserting any available defenses.
8.7 Orbstick shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.
a) the use or the inability to use the Site or Services;
b) any defect in data, information or services obtained from a User or any other third party through the Site;
c) violation of Third Party Rights or claims or demands that User's use services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
d) unauthorized access by third parties to data or private information of any User;
e) statements or conduct of any User of the Site; or;
f) any matters relating to Services however arising, including negligence.
8.8 Notwithstanding any of the foregoing provisions, the aggregate liability of Orbstick, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to Orbstick during the calendar year and (b) the maximum amount permitted in the applicable law. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under any applicable law governing this Term of Use.
8.9 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Orbstick has been advised of or should have been aware of the possibility of any such losses arising.
8.10 Orbstick does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. You understand and acknowledge that the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. You are responsible for any and all software and hardware requirements necessary or preferable for using the Services, including but not limited to acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto, as well as obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device.
9 Commenting Guideline
The comments can inform, entertain, motivate, or even question. Please have in mind that;
i. Comments should be polite.
ii. Be focused on the topic
iii. Avoid making any negative comments about other users.
i. Adverts and/or press releases.
ii. Sharing personal details, such as address and phone numbers
iii. Racist, or any offensive language.
iv. Personal attacks
v. Threats of committing a criminal act
vi. Copyright breaches
To post a comment, you must log in to your account. To access the account portal, you should sign in with your existing account
8. FORCE MAJEURE
Under no circumstances shall Orbstick be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Orbstick is the sole owner or lawful licensee of all the rights and interests in the Site and the Site Content. The Site and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Site Content shall remain with Orbstick, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by Orbstick are hereby reserved.
9.2 " Orbstick " and related icons and logos are registered trademarks or trademarks or service marks of Orbstick and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
9.3 If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification to firstname.lastname@example.org providing the following information in writing:
a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c)Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
e) A statement that you have 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; and
f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
9.4 Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
a) Your physical or electronic signature;
b) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
c) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
d) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of Pakistan, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Orbstick may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Orbstick's sole discretion.
10. Copyright infringement content on Orbstick.
If you believe your copyright-protected work was posted on Orbstick without authorization, you may use the report button under the video with commenting that the original video was yours and has been posted by the user without your permission. Be sure to consider whether fair use, fair dealing, or a similar exception to copyright applies before you submit. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf.
Please note once you have reported to us you will be contacted soon enough by our team for further communication and confirmation of the copyright protected material. Be sure, as this will initiate a legal process and you would allow us at least 10 business days to have the content removed. Our communicating team shall verify your identity and take further action to have the video removed.
If you are a company and own exclusive rights to a large amount of content that has been posted by users instead of reporting every video separately you can mail us at email@example.com please be sure that the user has posted atleast 10 videos or more before you mail us . otherwise, just use the report button.
11.1 All legal notices or demands to or upon Orbstick shall be made in writing and sent to Orbstick personally to the following entity and address: Orbstick Private Limited, [FULL ADDRESS] The notices shall be effective when they are received by Orbstick in the above-mentioned manner.
11.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail or email to the last-known correspondence or email address provided by the User to Orbstick, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when.
a) Orbstick is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
b) immediately upon Orbstick posting such notice on an area of the Site that is publicly accessible without charge.
10.3 You agree that all agreements, notices, demands, disclosures and other communications that Orbstick sends to you electronically satisfy the legal requirement that such communication should be in writing.
12. GENERAL PROVISIONS
12.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and Orbstick with respect to and govern your use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
12.2 Orbstick and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
12.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
12.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
12.5 Orbstick failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Orbstick’s right to act with respect to subsequent or similar breaches.
12.6 Orbstick shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Orbstick). You may not assign, in whole or part, the Terms to any person or entity.
12.7 In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of Pakistan, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Pakistan.
12.8 Orbstick reserves the right to modify this Agreement or its policies relating to this platform or the services it provides, at any time, effective upon posting of an updated version of this Agreement published on the website. When we do, we will issue a notification to all our users. Continuing to use this platform after any such changes shall constitute your consent to such changes.
13. Acceptance of These Terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
14. Contacting Us
If you have any questions about this Agreement, please contact us at firstname.lastname@example.org