Effective Date: 07/03/2023
This website, computing application, and the data, services, information, tools, functionality, updates and
similar materials delivered or provided thereby (collectively, the “Service”) are supplied by Tu Orbit, Inc.
(“Tu Orbit”, “us” or “we”) subject to your agreement to and compliance with the conditions set forth in this
Terms and Conditions Agreement (the “Agreement”). By creating an account to use the Service or
otherwise entering into this Agreement, you are creating a binding contract with Tu Orbit.
Tu Orbit may revise or update this Agreement by posting an amended version through the Service and
making you aware of the revisions. Your use of the Service following an update to this Agreement (or
other acceptance method) is considered acceptance of the updated Agreement. If you do not accept the
changes, you must stop using the Service.
As long as you are in compliance with the conditions of this Agreement and all incorporated documents,
Tu Orbit hereby grants you a limited, revocable, non-assignable, non-transferrable, non-sublicensable,
non-exclusive license to use and access the Service only on your computing device for personal use. No
rights not explicitly listed are granted.
The following additional terms are incorporated into this Agreement as if fully set forth herein:
- Copyright Policy
- Complaint Policy (including Privacy and Trademark)
IMPORTANT NOTICES; AVAILABILITY
While we make reasonable efforts to ensure that the Service remains available at all times, we do not
represent or warrant that access to the Service will be error-free or uninterrupted, or without defect, and
we do not guarantee that users will be able to access or use the Service, or its features, at all times.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or
permanently, the Service, or any part thereof, with or without notice.
The Service may contain typographical errors or inaccuracies, including relating to price, and may not be
complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to
change or update information at any time without prior notice.
RULES OF CONDUCT/RESPECTING OTHER PEOPLE’S RIGHTS
Your use of the Service is conditioned on your compliance with the terms of this Agreement, including but
not limited to these rules of conduct/respecting other people’s rights.
Tu Orbit Inc. respects the rights of others. And so should any user. Therefore, you may not use the
Services, or enable anyone else to use the Services in a manner that does not respect other people’s
You agree that you will not violate any applicable law or regulation in connection with your use of the
Service. Without limiting the foregoing, you agree that you will not make available through the Service any
material or information that infringes any copyright, trademark, patent, trade secret, or other right of any
party (including rights of privacy or publicity).
You agree not to distribute, upload, make available or otherwise publish through the Service any
suggestions, information, ideas, comments, documents, questions, notes, plans, drawings, proposals, or
materials similar thereto (“Submissions”) or graphics, text, information, links, profiles, audio, photos,
software, music, sounds, video, comments, messages or tags, or similar materials (“Content”) that:
- is unlawful or encourages another to engage in anything unlawful;
- contains a virus or any other similar programs or software which may damage the operation of Tu
Orbit’s or another’s computer;
- violates the rights of any party or infringes upon the patent, trademark, trade secret, copyright, or
other intellectual property right of any party; or,
- is libellous, defamatory, pornographic, obscene, lewd, indecent, inappropriate, invasive of privacy
or publicity rights, abusing, intimidating, harassing, threatening, bullying or otherwise
You must keep your user name and password and any other information needed to login to the Service, if
applicable, confidential and secure. We are not responsible for any unauthorized access to your account
or profile by others.
You further agree that you will not do any of the following:
- modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the
- interfere with or disrupt the operation of the Service, including restricting or inhibiting any other
person from using the Service by means of hacking or defacing;
- transmit to or make available in connection with the Service any denial of service attack, virus,
worm, Trojan horse or other harmful code or activity;
- attempt to probe, scan or test the vulnerability of a system or network or to breach security or
authentication measures without proper authorization;
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or
disproportionately large load on our infrastructure;
- harvest or collect the email address or other contact information of other users of the Service;
- scrape or collect content from the Service via automated means;
- submit, post or make available false, incomplete or misleading information to the Service, or
otherwise provide such information to Tu Orbit;
- register for more than one user account; or,
- impersonate any other person or business.
You are not licensed to access any portion of the Service that is not public, and you may not attempt to
override any security measures in place on the Service.
Notwithstanding the foregoing rules of conduct, Tu Orbit’s unlimited right to terminate your access to the
Service shall not be limited to violations of these rules of conduct.
CONTENT SUBMITTED OR MADE AVAILABLE TO TU ORBIT
You are under no obligation to submit anything to us or to make any Content available through the
Service. Unless otherwise noted, we will not claim ownership of any Content. If, however, you choose to
submit any Content to the Service, or otherwise make available any Content through the Service, you
hereby grant Tu Orbit a perpetual, irrevocable, transferrable, sub-licensable, non-exclusive, worldwide,
royalty-free license to reproduce, use, modify, display, perform, distribute, translate and create derivative
works from any such Content, including without limitation distributing part or all of the Content in any
media format through any media channels, as well as to commercially use the rights of publicity, persona,
image and name of the individuals depicted in such Content within the Service and incident to the
By submitting any Content or Submissions to Tu Orbit, you hereby agree, warrant and represent that: (a)
you are authorized to submit the Content or Submission to us for republication through the Service, and
you have secured any necessary licenses or permissions from rights owners relating to the Content or
Submission, including but not limited to copyright licenses or licenses to rights of publicity; (b) the Content
and Submissions do not contain proprietary or confidential information; (c) the provision of the Content
and Submissions, and their use by Tu Orbit in connection with the Service, is not and will not be a
violation of any third-party’s rights; (d) all such Submissions and Content are accurate and true; (e) Tu
Orbit is not under any confidentiality obligation relating to the Content or Submissions; (f) Tu Orbit shall be
entitled to use or disclose the Content or Submissions in any way; (g) you are not entitled to
compensation in exchange for the Submissions or Content, and (h) are not entitled to attribution relating
to the Submissions or Content
You acknowledge that Tu Orbit is under no obligation to maintain the Service, or any information,
materials, Submissions, Content or other matter you submit, post or make available to or on the Service.
We reserve the right to withhold, remove and or discard any such material.
CONTENT SHARED THROUGH THE SERVICE
The Service may make it possible for you to choose to share certain information with the public. There are
a number of ways in which you can control how much information is shared with the public, and Tu Orbit
will make efforts to comply with your instructions from the options provided to you by Tu Orbit. You
understand that by designating information to be shared through the Service, you may be revealing
information that you choose to share. You understand and acknowledge that you are fully aware and
responsible for the impact of sharing such materials, and you agree that Tu Orbit shall not be held
responsible, and Tu Orbit shall be released and held harmless by you from any liability or damages
arising out of such conduct.
TU ORBIT’S INTELLECTUAL PROPERTY
Tu Orbit’s graphics, logos, names, designs, page headers, button icons, scripts, and service names are
trademarks, trade names and/or trade dress of Tu Orbit. The “look” and “feel” of the Service (including
color combinations, button shapes, layout, design and all other graphical elements) are protected by U.S.
copyright and trademark law. All product names, names of services, trademarks and service marks
(“Marks”) are the property of Tu Orbit or the property of their respective owners, as indicated. You may not
use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.
You acknowledge that the software used to provide the Service, and all enhancements, updates,
upgrades, corrections and modifications to the software, all copyrights, patents, trade secrets, or
trademarks or other intellectual property rights protecting or pertaining to any aspect of the software (or
any enhancements, corrections or modifications) and any and all documentation therefor, are and shall
remain the sole and exclusive property of Tu Orbit and/or its licensors, as the case may be. This
Agreement does not convey title or ownership to you, but instead gives you only the limited rights set
ENFORCEMENT AND TERMINATION OF SERVICES
Tu Orbit reserves the right to deny all or some portion of the Service to any user, in Tu Orbit’s sole
discretion, at any time.
Without limiting the foregoing or assuming additional legal obligations, Tu Orbit has a policy of terminating
repeat violators of the Copyright Act, in accordance with applicable law. All grants of any rights from you
to Tu Orbit related to Content, Submissions, or other materials, including but not limited to copyright
licenses, shall survive any termination of this Agreement. Further, your representations, defense and
indemnification obligations survive any termination of this Agreement.
LINKS AND THIRD-PARTY CONTENT
The Service may contain links. Such links are provided for informational purposes only, and Tu Orbit does
not endorse any website or services through the provision of such a link.
The Service may contain articles, text, imagery, video, audio, data, information and other similar materials
originating from third-parties. Tu Orbit does not endorse any third party content that may appear on the
Service or that may be derived from content that may appear on the Service, even if such content was
summarized, collected, reformatted or otherwise edited by Tu Orbit.
DISCLAIMERS AND LIMITATION ON LIABILITY
YOU AGREE AND ACKNOWLEDGE THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”,
WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TU ORBIT, ITS
PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS,
MANAGERS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES
OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF
ANY KIND. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM TU
ORBIT SHALL CREATE ANY WARRANTY.
USE OF THE SERVICE IS AT YOUR SOLE RISK. TU ORBIT DOES NOT WARRANT THAT YOU WILL
BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING;
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE
CORRECTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE OR THAT THE SERVICE IS
FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL
INFORMATION OR COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TU ORBIT OR ITS
PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS,
MANAGERS, EMPLOYEES AND SUPPLIER (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE
TO YOU BASED ON OR RELATED TO THE SERVICE, WHETHER BASED IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE
RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY
WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE, EVEN IF TU ORBIT AND/OR
RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not
enforceable, then you agree that neither Tu Orbit nor any of the Related Parties shall be liable for (1) any
damages in excess of $500.00 or (2) any indirect, incidental, punitive, special, or consequential damages
or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Service. This
limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided
herein fail of their essential purpose.
This limitation shall not apply to any damage that Tu Orbit causes you intentionally and knowingly in
violation of this Agreement or applicable law that cannot be disclaimed in this Agreement.
You agree to defend, indemnify and hold Tu Orbit and its suppliers, subsidiaries, licensors, and licensees,
and each of their officers, directors, shareholders, members, employees and agents harmless from all
allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to
reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a)
Submissions or Content you submit, post to or transmit through the Service, (b) your use of the Service,
(c) your violation of the Agreement, and (d) any conduct, activity or action which is unlawful or illegal
under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in,
caused by, or facilitated in any way through the use of Service.
DISPUTES, GOVERNING LAW AND JURISDICTION
You agree that any claim or dispute arising out of or relating in any way to your use of the Service or any
service provided by Tu Orbit, will be resolved solely and exclusively by binding arbitration, rather than in
court, except that you may assert claims in small claims court if your claims qualify. The Federal
Arbitration Act and federal arbitration law apply to this agreement. The laws of the State of New York shall
govern this Agreement, and shall be used in any arbitration proceeding.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an
arbitrator can award on an individual basis the same damages and relief as a court (including injunctive
and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your
claim to the following address: 22 avenue port imperial, West New York NJ 07093 .
Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under
its rules then in effect. Payment of all filing, administration and arbitrator fees will be governed by the
You and Tu Orbit agree that any dispute resolution proceedings will be conducted only on an individual
basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court
rather than in arbitration, both you and Tu Orbit agree that parties have each waived any right to a jury
Notwithstanding the foregoing, you agree that Tu Orbit may bring suit in court to enjoin infringement or
other misuse of intellectual property or other proprietary rights.
To the extent arbitrations does not apply, you agree that any dispute arising out of or relating to the
Services, or to Tu Orbit, may only be brought by you in a state or federal court located in New York, New
York. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR
INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN NEW YORK.
POLICIES FOR CHILDREN
The Service are not directed to individuals under the age of 13. You must be over the age of 13 to use the
Service. In the event that Tu Orbit discovers that a child under the age of 13 has provided personally
identifiable information to us, we will make efforts to delete the child’s information in accordance with the
Children’s Online Privacy Protection Act. Please see the Federal Trade Commission’s website
(www.ftc.gov) for more information.
Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you
that parental control protections are commercially available to assist you in limiting access to material that
is harmful to minors. More information on the availability of such software can be found through publicly
available sources. You may wish to contact your Internet Service Provider for more information.
Severability. If any provision of this Agreement is found for any reason to be unlawful, void or
unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed
severable from this Agreement and will not affect the validity and enforceability of any remaining
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists
between you and Tu Orbit as a result of this Agreement or your use of the Service.
Assignment. Tu Orbit may assign its rights under this Agreement, in whole or in part, to any person or
entity at any time with or without your consent. You may not assign the Agreement without Tu Orbit’s prior
written consent, and any unauthorized assignment by you shall be null and void.
Attorneys’ Fees. In the event any litigation is brought by Tu Orbit in connection with this Agreement, the
prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs,
attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a
present or future waiver of such provision, nor in any way affect the right of any party to enforce each and
every such provision thereafter. The express waiver by us of any provision, condition or requirement of
this Agreement shall not constitute a waiver of any future obligation to comply with such provision,
condition or requirement.
Notices. All notices given by you or required under this Agreement shall be in writing and addressed to:
Equitable Remedies. You hereby agree that Tu Orbit would be irreparably damaged if the terms of this
Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond,
other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this
Agreement, in addition to such other remedies as we may otherwise have available to us under
Entire Agreement. This Agreement, including the documents expressly incorporated by reference,
constitutes the entire agreement between you and Tu Orbit with respect to the Service, and supersedes
all prior or contemporaneous communications, whether electronic, oral or written.
ADDITIONAL TERMS APPLICABLE TO iOS-POWERED SOFTWARE
In the event that you use the Service through software operating on iOS, the following additional terms
Apple, Inc. (“Apple”). Tu Orbit, and not Apple, is solely responsible for its iOS application and the services
and materials available thereon.
- Your use of Tu Orbit’s iOS application is be subject to the Usage Rules set forth in Apple’s then-current
App Store Terms of Service.
- You agree that Apple has no duty or obligation to provide support or maintenance services with respect
to our iOS application.
- To the maximum extent permitted by applicable law, Apple will have no warranty obligation with respect
to our iOS application.
- You agree that Tu Orbit, and not Apple, is responsible for addressing any claims by you or any third
party relating to our iOS application or your possession and/or use of our iOS application, including, but
not limited to: (i) product liability claims; (ii) any claim that the application fails to conform to any applicable
legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You agree that Apple is not responsible for the investigation, defense, settlement and discharge of any
third party intellectual property infringement claim related to Tu Orbit’s iOS application or your possession
and use of Tu Orbit’s iOS application.
- You agree to comply with all applicable third party terms of agreement when using Tu Orbit’s iOS
application, such as the terms of your wireless carrier, where applicable.
applicable to Tu Orbit’s iOS application. Upon your acceptance of the Terms of Service, Apple will have
the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third
party beneficiary thereof.
POST THE TEXT BELOW UNDER SEPARATE LINK WHERE POSSIBLE
If you believe in good faith that any material posted on or through our Service infringes the copyright in
your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act
(“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the
owner, of the copyright that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Identification, with information reasonably sufficient to allow its location of the material that is
claimed to be infringing;
- Information reasonably sufficient to permit us to contact you;
- 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,
- 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.
You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice
may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact
our designated DMCA Copyright Agent:
Tu Orbit, Inc.
22 avenue port imperial,
West New York NJ 07093
COMPLAINT POLICY (INCLUDING TRADEMARK AND PRIVACY)
If you believe in good faith that any material posted on the Service infringes any of your rights other than
in copyright, or is otherwise unlawful, you must send a notice to email@example.com, containing the
- Your name, physical address, e-mail address and phone number;
- A description of the material posted on the Site that you believe violates your rights or is
otherwise unlawful, and which parts of said materials you believe should be remedied or
- Identification of the location of the material on the Site;
- If you believe that the material violates your rights, a statement as to the basis of the rights that
you claim are violated;
- If you believe that the material is unlawful or violates the rights of others, a statement as to the
basis of this belief;
- A statement under penalty of perjury that you have a good faith belief that use of the material in
the manner complained of is not authorized and that the information you are providing is accurate
to the best of your knowledge and in good faith; and,
- Your physical or electronic signature.
If we receive a message that complies with all of these requirements, we will evaluate the submission,
and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the
poster of the claimed violative material, or any other party.