Terms & Conditions

Third Party Content

We at Orbiting may make third-party content and services available on or through the services solely as a convenience to its users (for example, links to third party websites, software, and other services) that are not owned or controlled by us. Participation or availability on the platform does not amount to endorsement or verification by us. We make no warranties, support or represent the completeness, reliability, truthfulness or accuracy of any content appearing or posted on our platform by any such third party.  You understand that by using the Services, you may be exposed to Content you may find offensive, inaccurate or otherwise inappropriate, deceptive or in some cases, mislabeled.

YOUR USE OF ANY SUCH THIRD PARTY SERVICES IS SOLELY AT YOUR OWN RISK AND SUBJECT TO THE APPLICABLE TERMS AND CONDITIONS AND PRIVACY POLICIES APPLICABLE TO SUCH THIRD PARTY SERVICES.

Orbiting expressly disclaim any liability for any Content, including, but not limited to, any errors or omissions within any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Services.

Blocking people

By default, anyone can view your profile and posts . You can make your posts private so that only followers you approve can see them.

If someone’s bothering you the best way to stop them is to block them.

You can block someone to prevent them from seeing things you post on your profile

Blocking someone you’re friends with will automatically unfriend them and that person won’t be able to find your profile, posts or story.

When you block someone, you also won’t be able to do things like start a conversation with them or add them as a friend. Keep in mind that blocking someone may not prevent all communications or interactions (ex: in apps or groups) and only affects your interactions with that person

Privacy Abuse

 

Orbiting can collect the following from registered users:

 

Names and passwords of account holders.

Captured content, such as photos and videos.

Data that links users to the photos they took, tagged or liked.

Text message history, address book contacts or other similar personal information.

Metadata on how people use the Orbiting mobile app.

Bio print recognition data.

Data on which devices are linked to which accounts.

Geolocational data.

We also use facial recognition data to automatically recognize when you appear in photos. Other data we collect helps the company perform strategic market research, communicate directly with users and counter suspected misuse.

We’re committed to protecting user privacy and providing a safe and secure environment for our users.

How Does Orbiting Protect Data?

Since the Orbiting platform is based on publicly sharing photos, a lot of content is public. Orbiting warns users to be careful about sharing and communicating their content. To protect users further, however, the company is changing how data generated on their sites and apps are kept and shared.

Orbiting has always had account settings that allow you to control who can see and access your data. But when you employ third-party apps, such as web-based Orbiting viewers, you may unwittingly agree to make your photo content visible in search engines. Ad data shared with partners has demographic details in it, but it does not have personally identifying details.

If you choose to delete your Orbiting account, your posts will vanish, but data shared by others isn’t considered part of your account. Orbiting will hang on to it.

Visit Orbiting’s Help Center to learn more about your account, its privacy controls, and Orbiting’s privacy policy.

Safety tips

Learn how to recognize sensitive content and behavior and how to report it.

Remember these simple rules about staying safe online:

Never share your password.

Think before you post.

Adjust your privacy settings and review them often.

Only accept friend requests from people you know personally.

Report things that look suspicious.

We work hard to keep Instagram a safe and enjoyable place for everyone. Please take a minute to read through these tips about the tools we’ve built and the best practices we’ve defined to help you stay safe on Orbiting

If someone is sharing photos or videos that make you uncomfortable, you can unfollow or block them. You can also report something that you feel violates our Community Guidelines right from the app.

Make sure you know whether your account is public or private. When you set your posts to private, anyone who wants to see your posts, followers or following list will have to send you a follow request first.

If someone is bullying you, reach out to a trusted family member or teacher for help. You can also remove a comment from a photo you’ve shared and report bullying and harassment through the Help Center.

Make sure you’re comfortable letting the photos and videos you share represent who you are to a wide audience, such as your parents, teachers or employers.

Never agree to do something or share anything that makes you uncomfortable.

To socialize and navigate on the Orbiting community safely, you’ll want to:

Avoid clicking on redirect links from users you don’t trust. Usually, redirect links are from spammers who will attempt to redirect you to a virus! Make sure you only click on links from users you know and trust.

Be extremely cautious when it comes to revealing any personal information publicly, such as your email address, phone number, home address, and your work address.

Change your password often and don’t use the same password on any other websites.

Avoid using identifying landmarks in your photos such as your workplace, school names, etc.

Prohibited Content

The sale of the following is prohibited on Orbiting commerce products:

  1. Community Standards

Commerce posts must not violate our Community Standards.

  1. Illegal, prescription or recreational drugs

Posts may not promote the sale of illegal, prescription or recreational drugs.

  1. Tobacco products and related paraphernalia

Posts may not promote the sale of tobacco products or tobacco paraphernalia.

  1. Unsafe supplements

Posts may not promote the sale of unsafe supplements, as determined by Facebook in its sole discretion.

  1. Weapons, ammunition or explosives

Posts may not promote the sale or use of weapons, ammunition or explosives.

  1. Animals

Posts may not promote the sale of any animals.

  1. Adult products or services

Posts may not promote the sale or use of adult products or services.

  1. Alcohol

Posts may not promote the sale of alcohol.

  1. Healthcare products

Posts may not promote certain healthcare products and services, including medical devices, smoking cessation products containing nicotine, body parts or fluids, or posts that contain “before and after” images.

  1. Real money gambling services

Posts may not promote or facilitate online gambling, games of skill or lotteries, including online casinos, sports books, bingo or poker if it costs money.

  1. Fraudulent, misleading, deceptive or offensive

Posts may not contain deceptive, false, misleading or offensive offers or products.

  1. Products with overtly sexualized positioning

Posts may not position products or services in a sexually suggestive manner.

  1. Subscriptions or digital products

Posts may not promote the sale of downloadable digital content, digital subscriptions or digital accounts.

  1. Digital media and electronic devices

Posts may not promote the sale of devices that facilitate or encourage streaming digital content in an unauthorised manner or interfering with the functionality of electronic devices.

  1. Real, virtual or fake currency

Posts may not promote the sale of real, virtual or fake currency.

  1. No commercial intent

Posts may not promote news, humor or other content that has no intention to buy or sell products or services.

  1. Third-party infringement

Posts may not contain content that infringes upon or violates the intellectual property rights of any third party, including copyright or trademark. This includes, but is not limited to, the promotion or sale of counterfeits, such as goods that copy the trademark (name or logo) and/or distinctive features of another company’s products to imitate a genuine product.

  1. Discrimination

Posts must not wrongfully discriminate or suggest a preference for or against people because of a personal characteristic, included but not limited to, race, ethnicity, color, national origin, citizenship, religion, age, sex, sexual orientation, gender identity, family status, marital status, disability, or medical or genetic condition. Posts must comply with all applicable laws prohibiting discrimination. This includes but is not limited to discrimination for housing posts.
Post any Content that includes images or videos portraying realistic images of people or animals being killed or maimed, shot, stabbed, tortured or injured;

Post any Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;

Post any Content that you do not have a right to do so under any law or under any contractual or fiduciary relationship;

Post web links to any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of our Platform, our mobile applications or the Services, or any system or computer from which our visitors and users access our Website, mobile applications or Services;

use any robot, spider or other automatic devices, process or means to access our Website or Services for any purpose, including monitoring or copying any of the material on our Website, in violation of our robot.txt;

interfere with or disrupt our Website or our Services or servers or networks linked to our Website or our Services, or disobey any requirements, procedures, policies, or regulations of networks linked to our Website or our Services;

violate any applicable local, state, national, or international law;

Post any Content that includes images or videos of children, without first obtaining the consent of their parent or guardian to Post such Content;

Post any Content, or take any other actions with respect to your use of our Website or our Services, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability;

Send unsolicited messages to users (spam) for commercial purposes;

Use our Website or our Services for commercial purposes without our prior written consent;

Solicit other guests of our Website or our Services to become members of any commercial online service or other group or organization without first obtaining our express written consent; or

Post any Content that encourages thinspiration, depression, suicide, self-harm, eating disorder, drug use or any behavior that can negatively influence other users.

 

Except as otherwise expressly permitted herein, you may not use the Services or the Materials to engage in any of the following prohibited activities:

– the collection, copying or distribution of any portion of the Materials;

– any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Services or the Materials;

– modifying or otherwise making any derivative uses of the Services or the Materials;

– scraping or otherwise using any data mining, robots or similar data gathering or extraction methods on or in connection with the Services;

– with the exception of User Content made available by users for download, the downloading of any portion of the Materials or any information contained therein; or

– any use of the Services or the Materials other than for their intended purposes.

 

Any use of the Services or of any Materials other than as specifically authorized herein, without the express prior written permission from us, the applicable user or the Content Owner, is strictly prohibited. Any such unauthorized use will result in the immediate termination of your rights under these Terms of Use and will constitute a breach of the license granted herein
.

The sale of the following is prohibited

  1. Community Standards
  2. Illegal, prescription or recreational drugs
  3. Tobacco products and related paraphernalia
    4. Unsafe supplements
  4. Weapons, ammunition or explosives
  5. Animals
  6. Adult products or services
  7. Alcohol
  8. Healthcare products
  9. Real money gambling services
  10. Fraudulent, misleading, deceptive or offensive
  11. Products with overtly sexualized positioning
  12. Subscriptions or digital products
  13. Digital media and electronic devices
  14. Real, virtual or fake currency
  15. No commercial intent
  16. Third-party infringement
  17. Discrimination

Restrictions which calls for severe actions

You agree that you will not (i) modify or alter the Orbiting Materials; (ii) create derivative works of the Orbiting Materials; (iii) decompile, disassemble, decode or reverse engineer the Orbiting Materials, translate the Orbiting Materials or otherwise attempt to learn the source code, structure, algorithms or internal ideas underlying the Orbiting Materials or reduce the Orbiting Materials by any other means to a human-perceivable form; or (iv) bypass, delete or disable any copy protection mechanisms or any security mechanisms in the Orbiting Materials.

Except as otherwise expressly permitted herein, you may not use the Services or the Orbiting Materials to engage in any of the following prohibited activities:

the collection, copying or distribution of any portion of the Orbiting Materials;

any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Services or the Orbiting Materials;

modifying or otherwise making any derivative uses of the Services or the Orbiting Materials;

scraping or otherwise using any data mining, robots or similar data gathering or extraction methods on or in connection with the Services;

with the exception of User Content made available by users for download, the downloading of any portion of the Orbiting Materials or any information contained therein; or

any use of the Services or the Orbiting Materials other than for their intended purposes.

Any use of the Services or of any Orbiting Materials other than as specifically authorized herein, without the express prior written permission of Orbiting, the applicable Orbiting user or the Content Owner, is strictly prohibited. Any such unauthorized use will result in the immediate termination of your rights under these Terms of Use and will constitute a breach of the license granted herein.

 

Disclaimer of Warranties

THE SITE, SERVICES, THE MATERIALS, AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT AS TO THE SITE, THE SERVICES, THE MATERIALS, AND THE PRODUCTS.

 

WE DO NOT REPRESENT OR WARRANT THAT THE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICES, ITS SERVERS OR EMAIL SENT FROM US OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOS OR VIDEOS. WE ALSO MAKE NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SERVICES AND WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SERVICES OR THE PRODUCTS PROVIDED THEREON.

Limitation of Liability

IN NO EVENT WILL ORBITING OR ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY 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 OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OR VIEW THE SITE, THE SERVICES, THE PRODUCTS, THE USER CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES.

IN NO EVENT WILL THE AGGREGATE LIABILITY OF OUR COMPANY, 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 THE SITE, THE SERVICES, THE PRODUCTS, THE USER CONTENT OR THE MATERIALS, EXCEED COMPENSATION YOU PAY, IF ANY, TO US FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES OR FOR THE PURCHASE OF PRODUCTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

Third party copyrights

Orbiting respects the copyrights of others, and we prohibit users from uploading, posting or otherwise transmitting on Orbiting any materials that infringe another party’s copyrights.

Under Orbiting Terms of Use and Community Guidelines, you can only post content to Instagram if it doesn’t violate the intellectual property rights of another party. The best way to help make sure that the content you post to Instagram doesn’t violate copyright law is to only post content that you’ve created yourself.

You might also be able to use someone else’s content on Orbiting if you’ve gotten permission (for example, a license), or if your use is covered by fair use or some other exception to copyright. It’s generally a good idea to get permission before posting content and to get that permission in writing.

Please note that Orbiting can’t help you obtain permission to use copyrighted content.

Before you post content on Orbiting, you may want to ask:

Did I create all of the content myself?

Do I have permission to use all of the content included in my post?

Does my use of the content fall within an exception to copyright infringement?

Is the content protected by copyright (for example, is it a short phrase, idea or public domain work)?

If you repeatedly post content that infringes someone else’s intellectual property rights, your account may be disabled under Orbiting’s repeat infringer policy.

If something you posted is restored due to an appeal or because a rights owner withdrew their report, we’ll take that restoration into account under our repeat infringer policy.

If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of ours relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. If you are a copyright owner or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by completing the following DMCA Notice of Alleged Infringement and delivering it to Orbiting’s Designated Copyright Agent. Upon receipt of the Notice as described below, Orbiting’s will take whatever action, at its sole discretion, it deems appropriate, including removal of the challenged material from the Services.

 

DMCA Notice of Alleged Infringement (“Notice”):

Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.

Identify the material that you claim is 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 us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Services where such material may be found.

Provide your mailing address, telephone number, and, if available, email address.

Include both of the following statements in the body of the Notice: (i) “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”; and (ii) “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to Orbiting’s team or legal support.

Please note that we can’t help you obtain permission to use copyrighted content.

If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of ours relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. If you are a copyright owner or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by completing the following DMCA Notice of Alleged Infringement

If you repeatedly post content that infringes someone else’s intellectual property rights, your account may be disabled under our repeat infringer policy.

If something you posted is restored due to an appeal or because a rights owner withdrew their report, we’ll take that restoration into account under our repeat infringer policy.

General terms

  1. You are responsible for your use of our Services, for any Content you Post using the Services, and for any consequences or liability arising therefrom. As part of the Services, you will be provided the opportunity to contribute inspirational Content to the community.

Please note that other users of the Services will be able to view any Content you post. In addition, if another user reposts any Content you Post, such Content will become part of such other user’s profile and will be available to such other user and anyone wishing to view or repost such reposted Content even if you later decide to remove the Content from your own user profile. As such, you should only provide Content you are comfortable sharing under this Terms of Service.

  1. The Services may include advertisements targeted to users, Content or queries made through the Services, or other information. The types and extent of advertising by us on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that we and our third-party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You acknowledge that we may not always identify paid services, sponsored Content or commercial communications as such.
  1. The Services that we provide are always evolving and the form and nature of the Services may change from time to time without prior notice to you. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
  2. You are solely responsible for your interaction with other users of the Services, whether online or offline. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.

If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.

You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.

You may designate a person (called a legacy contact) to manage your account if it is memorialized. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialized.

You may designate a person (called a legacy contact) to manage your account if it is memorialized. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialized.

These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.

We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.

We reserve all rights not expressly granted to you.

Account Security

You are solely responsible for maintaining the confidentiality of the passwords associated with your account and for restricting access to your passwords and physical access to your computer while logged into the Services. You accept responsibility for all activities that occur under your user account.

User Content that you post, upload or otherwise make available via the Services may be accessed, used and downloaded by other users of the Services. You understand and acknowledge that any User Content contained in public areas of the Services, including any user galleries or other portions of the Services, is accessible to the public and could be accessed, downloaded, indexed, archived, linked to and republished by others including, without limitation, appearing on other websites and in search engine results. We provide security options and settings for your content available in the settings section of your applicable user account (the “Account Settings”).

 

We use commercially reasonable security measures to protect your account and User Content consistent with your Account Settings. We cannot, however, guarantee the absolute security of your account, your User Content or the Registration Data we collect, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or their contents. We are not responsible or liable for any third party access to or use of the User Content you post or your Registration Data. You are encouraged to read, understand and use the security settings and mechanisms in your Account Settings to manage how your User Content is accessed and used by the public and other users of the Services. You agree to immediately notify us of any unauthorized use of your account or passwords or any other breach of security, and you accept all risks of unauthorized access to the Registration Data, User Content and any other information you provide to us.

 

Age criteria

The Services are not targeted towards, nor intended for use by, anyone under the age of 13,  If you are between the ages of 13 and 18, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Creating an account with false info is a violation of our terms.