Thank you for joining us on our journey to revolutionize entertainment, we're glad you are with us! Here are some guidelines and terms of service that you should keep in mind and adhere to while using our platform. Sincerely, The Eorbi Team
These Terms of Service were last updated December 1st, 2021
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. YOUR AGREEMENT AT SIGN UP IS A BINDING CONTRACT. Welcome to the services operated by Eorbi, Inc. (collectively with its affiliates, “Eorbi” or “We”) consisting of the website available at https://www.eorbi.com, and any other products or services offered by Eorbi (the “Our Services”). Other services offered by Eorbi may be subject to separate terms.
When using Our Services, you will be subject to Eorbi’s Community Guidelines, Terms of Sale and additional guidelines posted in this document below, made available to you, or disclosed to you in connection with specific services and features. Eorbi offers paid services, which are subject to the guidelines below in the Terms of Sale section as well as any additional terms or conditions that are disclosed to you in connection with such services. All such terms and guidelines are incorporated into these Terms of Service.
The Terms of Service apply whether you are a user that registers an account with Eorbi or an unregistered user. You agree that by clicking “Sign Up” or otherwise registering, downloading, accessing, or using Our Services, you are entering into a legally binding agreement between you and Eorbi regarding your use of Our Services. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of Our Services.
These Terms of Service are subject to change without prior written notice, in Eorbi’s sole discretion. If Eorbi changes these Terms of Service, and we choose to provide notice, we may do so by sending an email, posting a notice on Our Services, or updating the “Last Updated” date above. Please check these Terms of Service periodically for those changes. Any modified terms will apply to any purchase made after such changes are posted on Our Services. Therefore, you should review these Terms of Service prior to each purchase so you will understand the terms applicable to such transaction and use. If you do not agree to these Terms of Service and Terms of Sale, do not make any purchases on Our Services.
Eorbi Hosted Events and other products ( "Our Services") is a service that offers you the ability to watch digital movies, television shows and other video content (collectively, "Digital Content") in live, time-sensitive, pay-per-view, ticketed event with a host streaming and controlling the content being displayed to you. The way to access Our Services and Digital Content is through the Eorbi website available at https://www.eorbi.com. If you are under 18 years of age, or the age of majority in your location, you may use Our Services only with involvement of a parent or guardian. We provide a community chat feature for all our events that allow you to interact with others in the event, to which the Community Guidelines detailed below apply. We strive to continuously improve Eorbi and Our Services as well as the offerings on our website so your feedback and experience is shared with relevant parties to further develop, improve, and personalize Our Services to you and better your experience with them.
In order to open an account, you will be asked to provide us with certain information such as your First and Last name, email address, and password.
You are solely responsible for maintaining the confidentiality of your account, your password and for restricting access to your computer. Your First and Last name will be your account name and used in the community chat for each event accessed through your account. If you permit others to use your account credentials, you agree to these Terms of Service on behalf of all other persons who use Our Services under your account or password, and you are responsible for all activities that occur under your account or password. Please make sure the information you provide to Eorbi upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.
Access to Our Services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing Our Services. Our Services can only be accessed from our website at https://www.eorbi.com
Eorbi may amend any of the terms of these Terms of Service by posting the amended terms. Your continued use of Our Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms.
Our Services are owned and operated by Eorbi. Unless otherwise indicated, all content, information, and other materials on Our Services including, without limitation, Eorbi’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files including movies, Television Shows and other video files for playback, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of Eorbi or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Eorbi, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e., a personal and limited right) to access and use Our Services for your personal use only.
Eorbi reserves all rights not expressly granted in these Terms of Service. This license is subject to these Terms of Service and does not permit you to engage in any of the following: (a) resale or commercial use of the Our Services or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of Our Services or the Materials, or any portion of them; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Our Services, the Materials, or any information contained in them, except as expressly permitted on Our Services; or (f) any use of Our Services or the Materials except for their intended purposes. Any use of Our Services or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of Eorbi, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles. Eorbi can terminate this license and in some cases sue for damages or cease of actions on behalf of Eorbi, or any of its affiliates and licensors.
You agree NOT to violate any law, contract, intellectual property, or other third-party right; not to commit a tort, and that you are solely responsible for your conduct while on Our Services.
You agree that you WILL comply with these Terms of Service and our Community Guidelines listed below and will not:
a. send junk mail or spam to users of Our Services, including without limitation unsolicited advertising, promotional materials, or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;
b. harvest or collect email addresses or other contact information of other users from Our Services;
c. defame, harass, abuse, threaten, or defraud users of Our Services, or collect or attempt to collect, personal information about users or third parties without their consent;
d. delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of Our Services or User Content, (b) features that prevent or restrict use or copying of any content accessible through Our Services, (c) features that enforce limitations on the use of Our Services or User Content, or (d) the copyright or other proprietary rights notices on Our Services or User Content;
e. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of Our Services or any part thereof;
f. modify, adapt, translate, or create derivative works based upon Our Services or any part thereof;
g. interfere with or damage the operation of Our Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
h. relay email from a third party’s mail servers without the permission of that third party;
i. access any website, server, software application, or other computer resource owned, used, and/or licensed by Eorbi, including but not limited to Our Services, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures Eorbi may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by Eorbi, including but not limited to Our Services;
j. manipulate identifiers in order to disguise or uncover the origin of any Playback Content transmitted through Our Services;
k. interfere with or disrupt Our Services or servers or networks connected to Our Services, or disobey any requirements, procedures, policies, or regulations of networks connected to Our Services; use Our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying Our Services, or that could damage, disable, overburden, or impair the functioning of Our Services in any manner;
l. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of Our Services that you are not authorized to access;
m. attempt to indicate in any manner, without our prior written permission, that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and
o. use Our Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.
To the extent permitted by applicable law, Eorbi takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Eorbi liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using Our Services. Your use of Our Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that Our Services will not contain any content that is prohibited by such rules.
Eorbi is not liable for any statements or representations included in User Content. Eorbi does not endorse any User Content, opinion, recommendation, or advice expressed therein, and Eorbi expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, Eorbi reserves the right to remove, screen, or edit any User Content posted or stored on Our Services at any time and without notice, including where such User Content violates these Terms of Service or applicable law. Any use of Our Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Our Services.
At Eorbi, our mission is to provide the best Hosted Content Consumption and Community Experience created by our growing community where Event Hosts and Communities can interact safely. To achieve this goal, we ask that all users participate in such a way that promotes a friendly, positive experience for our global community.
In addition to our Terms of Service, we provide the following guidelines for our community. These guidelines fall under a common sense philosophy and apply to all user generated content and activity on our services. This is considered a living document that we regularly update based on the evolution of our community and service. Additional guidelines or specific exceptions may be applicable for certain services or properties under Our Service.
To protect the integrity of our community, as the provider of the service, we at Eorbi reserve the right to suspend any account at any time for any conduct that we determine to be inappropriate or harmful. Such actions may include: removal and/or suspension of account(s).
Hateful conduct and harassment are not allowed on Eorbi. Hateful conduct is any content or activity that promotes or encourages discrimination, denigration, harassment, or violence based on the following protected characteristics: race, ethnicity, color, caste, national origin, immigration status, religion, sex, gender, gender identity, sexual orientation, disability, serious medical condition, and veteran status. We also provide certain protections for age. Eorbi has zero tolerance for hateful conduct, meaning we act on every valid reported instance of hateful conduct. We afford every user equal protections under this policy, regardless of their particular characteristics.
Harassment has many manifestations, including stalking, personal attacks, promotion of physical harm, hostile raids, and malicious false report brigading. Sexual harassment, specifically, can take the form of unwelcome sexual advances and solicitations, sexual objectification, or degrading attacks relating to a person’s perceived sexual practices.
We will take action on all instances of hateful conduct and harassment, with an increasing severity of enforcement when the behavior is targeted, personal, graphic, or repeated/prolonged, incites further abuse, or involves threats of violence or coercion. The most egregious violations may result in an indefinite suspension on the first offense.
Furthermore, Eorbi respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are the copyright owner or agent thereof and believe that content posted on Our Services infringes upon your copyright, please submit a notice following DMCA Guidelines.
EORBI, the Eorbi logos, and any other product or service name, logo, or slogan used by Eorbi, and the look and feel of Our Services, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of Eorbi, and may not be used in whole or in part in connection with any product or service that is not Eorbi’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Eorbi, without our prior written permission.
All other trademarks referenced in Our Services are the property of their respective owners. Reference on Our Services to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.
By submitting ideas, suggestions, documents, and/or proposals (the “Submissions”) to Eorbi or its employees, you acknowledge and agree that Eorbi shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.
Certain products, services, and content may from time to time be made available to you (“you” or “User”) by Eorbi, Inc. or our affiliates (referred to herein as “us”, “we”, or “Eorbi”) in connection with the website available at https://www.eorbi.com, or other products or services offered by Eorbi. By purchasing products, services, or content, including any purchases made as a gift to another user, through the Services that link to these Terms of Sale, you signify that you have read, understand, and agree to be bound by the Terms of Sale in effect at the time of purchase (“Terms of Sale”).
These Terms of Sale are subject to change without prior written notice, in Eorbi’s sole discretion. If Eorbi changes these Terms of Sale, and we provide notice, we may do so by sending an email, posting a notice on Our Services, or updating the “Last Updated” date. Please check these Terms of Sale periodically for those changes. Any modified terms will apply to any purchase made after such changes are posted on Our Services. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on Our Services.
PLEASE READ THESE TERMS OF SALE AND THE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
To make a purchase on Our Services, you must be a registered user and comply with these Terms of Sale and the Terms of Service. You acknowledge that you are responsible for maintaining the security of, and restricting access to your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. Eorbi sells its Products and Services only to those users who can legally make purchases with a credit card. If you are between the ages of 13 and 18 (or the legal age of majority in your state of residence), you may make purchases on Our Services only with the permission of a parent or guardian. Eorbi reserves the right to refuse or cancel orders or terminate accounts at any time in its sole discretion.
Eorbi does not offer a refund for purchased tickets, all sales are final and as is regardless of your attendance in the Event. Payments are nonrefundable and there are no refunds or credits for partially used or attended events. However, following any cancellation of an Event that you have purchased a ticket for, you will receive a refund equaling the amount you paid for the purchase of the ticket. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
The playback resolution and quality of the Digital Content you receive will depend on a number of factors, including the device you use to access our website and Our Services and your bandwidth, which may increase or decrease over the course of your attendance. If we detect that Digital Content we are streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the streamed Digital Content in an effort to provide an uninterrupted viewing experience. While we strive to provide you a high quality viewing experience, we make no guarantee as to the resolution or quality of the Digital Content you will receive when streaming, even if you have paid extra for access to high definition, ultra-high definition, or high-dynamic-range content.
The quality and experience of Hosted Events on Eorbi may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection, your means of accessing the website or your web browser. Eorbi makes no representations or warranties about the quality of your experience on your display. The time it takes to join an event will vary based on a number of factors, including your location, available bandwidth at the time, the device you use as well as the browser you use to visit our website.
You may not (i) transfer, copy or display the Digital Content, except as permitted in this Agreement; (ii) sell, rent, lease, distribute, or broadcast any right to the Digital Content; (iii) remove any proprietary notices or labels on the Digital Content; (iv) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used as part of the Service; or (v) use the Service or Digital Content for any commercial or illegal purpose.
Eorbi reserves the right to make changes to this Agreement at any time by posting the revised terms in connection with Our Services. To the maximum extent permitted by law, your continued use of Our Services or Software following any changes will constitute your acceptance of such changes.
To the fullest extent permitted by applicable law, Eorbi reserves the right, without notice and in our sole discretion, to terminate your license to use Our Services (including to post User Content) and to block or prevent your future access to and use of Our Services, including where we reasonably consider that: (a) your use of Our Services violates these Terms of Service or applicable law; (b) you fraudulently use or misuse Our Services; or (c) we are unable to continue providing Our Services to you due to technical or legitimate business reasons. Our right to terminate your license includes the ability to terminate or to suspend your access to any purchased products or services, including any pending Events. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (i) Our Services, (ii) any term of these Terms of Service, (iii) any policy or practice of Eorbi in operating Our Services, or (iv) any content or information transmitted through Our Services, is to terminate your account and to discontinue use of any and all parts of Our Services.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Eorbi, its affiliated companies, and each of our respective contractors, employees, officers, directors, agents, third-party suppliers, licensors, and partners (individually and collectively, the “Eorbi Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of Our Services, any User Content, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify the Eorbi Parties of any third-party claim, and Eorbi reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Eorbi, and you agree to cooperate with Eorbi’s defense of these claims. Eorbi will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) OUR SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY EORBI; (B) THE EORBI PARTIES DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) EORBI DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) EORBI IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE EORBI ATTEMPTS TO MAKE YOUR ACCESS AND USE OF OUR SERVICES SAFE, EORBI CANNOT AND DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EORBI OR THROUGH OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL EORBI OR THE EORBI PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM EORBI, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO EORBI’S RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EORBI, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE OUR SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, EORBI SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.
If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Eorbi without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
The Terms of Service, which incorporate the Terms of Sale and the Community Guidelines, is the entire agreement between you and Eorbi relating to the subject matter herein and will not be modified except by a writing signed by authorized representatives of both parties, or by a change to these Terms of Service made by Eorbi.