These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Family Orbit without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Our App and services provided to you on and through our App and web site on an "AS IS" basis. Furthermore, you agree that the owners of this App and web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this App, web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, and links to download App, download sites or improper delivery of any data or information.
Please Note: We will not be responsible for any apps, data, content or etc. that is hosted or downloaded from any 3rd party Apps, 3rd party sites and/or additional apps. Every user must be sure to conduct their own due diligence prior to using any services/products of outside sources.
All services and products remain Family Orbit's property until full payment is made. The price applicable is that set at the date on which you place your order. Service costs and payment fees are recognized before confirming the purchase. If you are under 18 years old you must have parents' permission to buy from Family Orbit. All transfers conducted through Family Orbit are handled and transacted through third party dedicated gateways to guarantee your protection. Card information is not stored and all card information is handled over SSL encryption. Please read the terms of service for the payment gateway chosen for the transaction as they are responsible for the transactions made.
Please note that local charges (sales tax, customs duty) may occur, depending on your region and local customs duties. These charges are at the customers own expense.
While using the App on mobile devices you may be prompted to use our services such as sending out an SMS invite or message to a friend that could potentially create charges from your service carrier that may cost you extra money, since mobile carrier rates may be applicable for you to use such features like SMS. Moreover in those cases, the Service will attempt to remind you before any messages are sent out of the possibility of extra charges. It is your responsibility and decision to use such services like SMS or email and any such charges you may incur we are not the responsibility of, and not reimbursable by, Family Orbit.
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our App may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this App nor for any error or omission. Additionally you understand that we cannot be held responsible for anyone's safety due to hardware or technological issues.
Furthermore, you explicitly agree, in using this App or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this App or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this App and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
Family Orbit provides you as the legal guardian of one or more children under the age of 18, with the ability to see and record various electronic activities of your children from computer or mobile devices. These activities may include text messages, call history, location, photos, address book and other activities on various 3rd party applications. By using our service you hereby warrant, represent and certify the following:
(a) you agree to use the Service to protect and monitor your own underage Minor Children for whom you are the legal guardian with consent of both parents.
(b) you will not alter the settings of other adult members of the your family to turn the Service or App to monitor their activities.
(c) you agree to notify all adult as well as child account holders of your family about the App and its tracking features.
(d) you will not try to hide the icon, notifications or other visible elements of the Service or App using the device settings or third party apps.
(e) you agree that as the legal guardian or parent of your minor children you give yourself their consent to monitor and track their cell phone activities.
(f) you agree that all phones used by your minor children are purchased and paid up by yourself, and their carrier charges are also paid by you.
(g) you will not use this Service, or the App, website to violate any law, rule or govermental regulations you are subject to.
(h) except when required by law you will not allow any other person to access your Service account or activities within.
By providing any Content to our App you agree to all of the following statements listed below:
(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section;
(c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.
Goods and services of third parties may be advertised and/or made available on or through this App. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
You can cancel your subscription for the next renewal only. You cannot cancel the subscription for the months already paid for. All sales are final and there is no refund. No refunds will be issued for change of mind, not able to install the app or obtain child's Apple ID and password.
If you have purchased Family Orbit and it does not perform as advertised on our website, please notify us within 48 hours of purchase and our technical support staff will work with you to resolve the issue. If the issue is not resolved within 7 days of you notifying us, a refund will be issued subject to a processing charge of 10%. Please note the following non-refundable scenarious before making your refund request.
Your subscription will automatically renew until canceled using the payment processing company. You can cancel the subscription using the "Manage Subscription" link in the purchase email or make a request in writing to support desk. A refund cannot be issued for a failure to timely cancel a subscription before the auto-renewal.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS APP AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES
OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
We do not make any representations or warranties as to the truth or accuracy of any statement made or materials posted on or through our App, forum, bulletin board, chat room, or any other user interactive area of our App. You agree and acknowledge that you assume the risk of any actions you take in reliance upon the information that may be contained in our App, forum, bulletin board, chat room, or any other user interactive area of our App.
We do not endorse or lend any credence for any statements that are made by any participant in our forum, bulletin board, chat room, or any other user interactive area of our App. Any opinions or views expressed by our App, forum, bulletin board, chat room, or any other user interactive area of our App participants are their own. We do not endorse or support or otherwise give any credence or reason for reliance on any such statements or opinions.
You are fully responsible for your own statements and materials that you post in our App, forum, bulletin board, chat room, or any other user interactive area of our App and any consequences, whether or not foreseen, to any party who may rely upon these statements. You agree that you will not take any action directed towards attempting to hold us responsible for any such materials or statements.
As a participant in our App, forum, bulletin board, chat room, or any other user interactive area of our App, you agree that we may remove any materials from our Apps, forum, bulletin board, chat room, or any other user interactive area of our App for any reason, in our sole discretion, or for no reason at all. This includes material which is disruptive, abusive, offensive, illegal, vulgar, pornographic, or any other material. You hold us harmless from and against any damage you or others may suffer as a result of our removal of any content from our forum, bulletin board, chat room, or any other user interactive area of our App or from the discontinuance of our forum, bulletin board, chat room, or any other user interactive area of our App at any time.
Important Communication Note: When opting to do shares through our Apps social accounts we own based on the service you have subscribed to when you placed an order for your campaign may be shared through third party accounts. Moreover, please note since when shares are conducted through a 3rd party service we will not have the ability to access the amount of friends/followers one may have.
For any disputes or discrepancies you may have with Family Orbit, you agree to first contact us and attempt to resolve the dispute with us informally. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitrator shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties.
All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copy no later than 30 days after the notice of arbitration is served.
The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our App or web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our App, web site or service without our prior written consent.
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following address:
App: Family Orbit
FAMILY ORBIT SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Family Orbit takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our images, products or services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
This Agreement was last modified on April 19, 2019