These Terms of Service (“Terms” or “Agreement”) constitute a legally binding agreement between you, an individual consumer (“you,” “your,” or “user”), and Orbit Tokens, LLC (“Orbit Tokens,” “Company,” “we,” “us,” or “our”), a limited liability company organized and existing under the laws of the State of Florida, with its principal place of business in Florida.
By creating an account, purchasing Tokens or Credits, or otherwise accessing or using the Orbit Tokens platform—whether through our website or mobile application (collectively, the “Platform”)—you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately stop using the Platform.
We reserve the right to update or modify these Terms at any time. When we make material changes, we will notify you by email or through a notice on the Platform prior to the change becoming effective. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the revised Terms. You are encouraged to review this Agreement periodically.
The Orbit Tokens Platform is a consumer-facing service operating within the entertainment industry. Tokens and Credits purchased through the Platform are intended for personal, individual use by adult consumers. To access or use the Platform, you must:
The Platform is not intended for use by minors. We do not knowingly permit access to or collect personal information from individuals under the age of 21. If we discover that a user is under the required age, we will immediately terminate that account and delete all associated personal data. If you believe an underage individual has accessed the Platform, please contact us at [email protected].
By registering, you represent and warrant that you meet all of the eligibility requirements set forth above.
Orbit Tokens offers the following account types for individual consumers:
Paid user accounts are available to individuals who purchase Tokens or Credits through the Platform. Paid users receive access to features commensurate with their purchased balance. All purchases are subject to the pricing and billing terms set forth in Section 3.
You are solely responsible for maintaining the confidentiality of your login credentials. You may not share your account with any other person. You agree to notify us immediately at [email protected] if you suspect any unauthorized access to your account. Orbit Tokens is not liable for any loss resulting from unauthorized account use.
Orbit Tokens operates on a usage-based pricing model. Consumers purchase Tokens or Credits in defined amounts, which are then drawn down through use of Platform features.
From time to time, Orbit Tokens may offer promotional free trial access to individual consumers. Unless expressly stated otherwise, free trials do not require payment information. You will not be automatically charged at the end of a free trial period. To continue using paid features after your trial, you must affirmatively purchase Tokens or Credits.
Orbit Tokens does not automatically renew subscriptions or charge your payment method on a recurring basis. All purchases of Tokens or Credits are one-time, individual transactions. You will never be billed without your explicit action and consent. You are in control of all purchases made through your account.
You may close your account at any time by:
Upon account closure, your access to the Platform will be deactivated. Please review Section
3.5 and Section 10 regarding any unused Tokens or Credits and data deletion upon closure.
Refunds are not guaranteed but are considered on a case-by-case basis at the sole discretion of Orbit Tokens. We may issue a full or partial refund in circumstances such as accidental duplicate purchases, significant Platform errors that prevented access to purchased features, or other situations we deem warranted. Unused Tokens or Credits generally have no cash redemption value. To request a refund, contact [email protected] with your account details and a description of the issue within thirty (30) days of the transaction.
By using the Platform, you agree that you will NOT engage in any of the following activities:
Orbit Tokens reserves the right, in its sole discretion, to take any or all of the following actions upon discovering or suspecting a violation of these Terms:
Suspension or termination of your account does not relieve you of any financial obligations incurred prior to such action. Orbit Tokens will not be liable to you for any damages arising from enforcement actions taken in good faith and in accordance with these Terms.
Orbit Tokens owns all right, title, and interest in and to the Platform, including its software, source code, design, graphics, user interface, trade secrets, trademarks, service marks, logos, and all other intellectual property (collectively, “Company IP”).
These Terms do not transfer any ownership interest in Company IP to you. Any unauthorized use of Company IP is strictly prohibited.
Any content you upload, submit, post, or otherwise transmit through the Platform (“User Content”) remains your property to the extent you hold rights in it.
By submitting User Content, you grant Orbit Tokens a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, and sublicensable license to use, host, reproduce, modify, adapt, publish, and display such User Content as necessary to operate and improve the Platform.
You represent and warrant that you own or have the necessary rights to grant this license and that your User Content does not violate any third-party rights.
Subject to your ongoing compliance with these Terms, Orbit Tokens grants you a limited, personal, non-exclusive, non-transferable, revocable license to:
This license is for personal use only. You may not sublicense, sell, or transfer your access, Tokens, or Credits to any other person. All rights not expressly granted herein are reserved by Orbit Tokens.
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ORBIT TOKENS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE PLATFORM WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
Orbit Tokens does not guarantee that the Platform will be continuously available, uninterrupted, secure, or free of errors, bugs, or other technical issues.
We reserve the right to modify, suspend, or discontinue any feature or the Platform as a whole at any time, with or without notice, and without liability to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE CONSUMER PROTECTION LAW, IN NO EVENT SHALL ORBIT TOKENS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF TOKENS, LOSS OF DATA, OR LOSS OF ENTERTAINMENT VALUE, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM.
ORBIT TOKENS’ TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO ORBIT TOKENS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY DOLLARS ($50.00 USD).
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain types of damages. In such jurisdictions, the above limitations may not fully apply to you, and your rights may vary.
Nothing available on or through the Platform constitutes legal advice. Any information related to laws, regulations, rights, or compliance matters is provided for general informational and educational purposes only.
No attorney-client relationship is created by your use of the Platform. You should always consult a licensed attorney for advice about your specific legal situation.
Nothing on the Platform constitutes financial, investment, tax, or accounting advice. Tokens and Credits purchased on the Platform are not investments, securities, or financial instruments of any kind, and carry no guaranteed monetary value or return.
Orbit Tokens is not a registered investment advisor, broker-dealer, or financial institution. You should consult a qualified financial professional before making any financial decisions.
Some content available on the Platform may be provided for general educational or informational purposes. Such content does not constitute professional advice. Orbit Tokens makes no representations about the accuracy, completeness, or applicability of such content to your individual circumstances. You rely on any informational content at your own risk.
The Orbit Tokens Platform is designed to serve individual consumers for entertainment purposes. Tokens and Credits are used to access entertainment-related features and content within the Platform. Orbit Tokens makes no guarantees about your personal experience, satisfaction, or enjoyment. Entertainment outcomes are inherently subjective and vary by individual user.
Orbit Tokens does not guarantee any particular experience, outcome, or result from your use of the Platform or the entertainment content or features you access with your Tokens or Credits. All entertainment content and features are provided on an availability basis.
In connection with your use of the Platform, we may collect the following types of personal information about you:
We use your personal information to create and maintain your account, process your purchases, communicate with you about your account and our services, personalize your experience, investigate misuse or prohibited activity, comply with our legal obligations, and for other purposes described in our Privacy Policy available at [INSERT PRIVACY POLICY URL]
We do not sell your personal information to third parties for their marketing purposes. We may share your information with our service providers and Payment Processors as necessary to operate the Platform, with law enforcement as required by law, and with successors in the event of a merger or sale of assets. Please review our full Privacy Policy for details.
Depending on where you reside, you may have certain rights regarding your personal information, including the right to access, correct, or request deletion of your data. To exercise any such rights, contact us at [email protected]. We will respond in accordance with applicable law.
We maintain commercially reasonable technical and administrative safeguards to protect your personal information from unauthorized access, use, or disclosure. However, no system is completely secure. You acknowledge that the transmission of data over the Internet is inherently not fully secure and that you provide your personal information at your own risk.
We do not knowingly collect personal information from any individual under the age of 21. If you believe we have inadvertently collected such information, please contact us immediately at [email protected] so that we may promptly delete it.
You may close your account at any time by following the steps described in Section 3.4 or by contacting us at [email protected]. Upon your request to close your account, your Platform access will be deactivated and any remaining unused Tokens or Credits will be forfeited, unless a refund is otherwise approved under Section 3.5.
Orbit Tokens reserves the right to suspend or permanently terminate your account, with or without prior notice, for any of the following reasons:
Upon termination of your account by Orbit Tokens:
Orbit Tokens may retain certain information as required by law or for legitimate compliance purposes notwithstanding account deletion.
These Terms and any dispute or claim arising out of or related to them, the Platform, or your use thereof shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of law provisions.
Subject to the mandatory arbitration provision below, any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Lake County, Florida. By accepting these Terms, you irrevocably consent to the personal jurisdiction and venue of such courts and waive any right to object to such courts on grounds of improper venue or inconvenient forum.
PLEASE READ THIS SECTION CAREFULLY. IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT AND YOUR RIGHT TO A JURY TRIAL.
Except as provided below, any dispute, controversy, or claim between you and Orbit Tokens arising out of or relating to these Terms, your use of the Platform, or any purchase of Tokens or Credits (“Dispute”) shall be finally resolved by binding individual arbitration.
The arbitration shall be administered by American Arbitration Association (“AAA”). The arbitration shall be conducted in Lake County, Florida, or by remote hearing at the election of either party. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Notwithstanding the above, either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction to protect its intellectual property rights or prevent irreparable harm pending arbitration.
Class Action and Jury Trial Waiver: YOU AND ORBIT TOKENS EACH AGREE THAT ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING IN ARBITRATION OR IN COURT. YOU ALSO WAIVE ANY RIGHT TO A JURY TRIAL.
If you are a California resident or reside in a jurisdiction that does not permit mandatory pre-dispute arbitration of consumer claims, the arbitration provision above may not apply to you with respect to such claims. In that case, disputes shall be resolved in accordance with Section 11.2.
Before initiating any formal arbitration or legal proceeding, you agree to first contact Orbit Tokens at [email protected] and provide a written description of the dispute. We will attempt to resolve the matter informally within thirty (30) days of receipt. This informal resolution step is a prerequisite to initiating arbitration or litigation.
In any arbitration, legal proceeding, or other action arising out of or related to these Terms, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, court costs, and other litigation expenses from the non-prevailing party, as determined by the arbitrator or presiding court.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Orbit Tokens with respect to your use of the Platform and supersede all prior or contemporaneous understandings, agreements, representations, or communications, whether written or oral.
If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remainder of the Terms shall continue in full force and effect.
Orbit Tokens’ failure to enforce any right or provision of these Terms shall not be construed as a waiver of that right or provision. No waiver of any breach shall be deemed a waiver of any subsequent breach of the same or any other provision.
You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. Any purported assignment without such consent shall be null and void. Orbit Tokens may freely assign these Terms and any of its rights and obligations hereunder in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
Orbit Tokens shall not be liable for any failure or delay in performance of its obligations under these Terms resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, government regulations or orders, power or internet outages, or third-party service provider failures.
If you have a complaint or concern about the Platform or a transaction, please contact us first so we can attempt to resolve it:
Orbit Tokens, LLC
1322 Gatewood Avenue, Minneola Florida 34715
General: [email protected]
Florida residents may also contact the Florida Department of Agriculture and Consumer Services (FDACS) or the Florida Attorney General’s Office for consumer assistance.
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