Hello! We are very excited that you have become an Orange Harp user. Below you will find our Terms of Service ("Agreement"). We know everyone looks it over as legal mumbo jumbo, but you should really take a gander before using our platform. By the way, "we" "us" "our" and "Orange Harp" all mean Orange Harp for the purposes of this Agreement.
We don't intend to have you use Orange Harp for any reason other than non-commercial, personal use and you may only use it in a way that is agreeable to us (i.e. not violating this Agreement).
Orange Harp website, app, services, platform, design, and text on the App are the property of Orange Harp, Inc. and protected by copyright and trademark. We have licensed and have permission to use the images and product descriptions on the App from our brand partners. It is unlawful to reproduce, copy, recreate, create derivative works from, perform, distribute, display, license, sell, upload or in any way exploit our content. Sharing the links on social media or e-mail does not count. If you want to use any of our or our partners' content, you need to ask for permission and we may not always give it to you.
Orange Harp cannot guarantee the authenticity of any data which users or merchants may provide about themselves. We do our best to make sure that everything is up to date and accurate, but you are exposed to the content on the Orange Harp platform at your own risk and you accept the consequences for any damage or loss to any party resulting from this exposure. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred in connection with use of or exposure to any content posted, emailed, accessed, transmitted, or otherwise made available via the website or App.
As we've mentioned above, the Website and App belong to us and we reserve the right to perform maintenance whenever needed, modify or discontinue either temporarily or permanently the Website or App without any rhyme or reason.
Things that are Uncool
We've worked extremely hard to build the Orange Harp product. We greatly appreciate you not doing any of the following:
If you do violate one of the provisions listed above, we reserve the right to do the following:
You also agree that we have the right (but not obligation) to monitor user content and remove anything you post or contribute that we believe is inappropriate or against our standards or the standards of our Partner Brands. We are under no obligation to use, post, display, or compensate you for any user content that you may generate. We will not be liable for any use or disclosure of user content.
You will be solely responsible for your own User Content and the consequences of posting or publishing it.
We adhere to the Digital Millennium Copyright Act (DMCA) and take it very seriously. We follow the general policy that we will take down a post or content if we in good faith believe it has been illegally distributed, copied, or modified. We also reserve the right to block, suspend, or disable an account for repeat offenders.
If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to our Copyright Agent:
Please mail the above to Orange Harp, 1 Bluxome St. #201, San Francisco, CA 94107.
The poster of the allegedly infringing may file a counter-notice providing all the steps above outlining that the content is not infringing. Orange Harp reserves the right to send a copy of the counter-notice to the original complaining party informing them that Orange Harp may replace the removed User Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the alleged infringer, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
Representations and Warranties
Orange Harp disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Orange Harp App or Website pages. We have no fiduciary or special relationship with you. Orange Harp has no control over the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Orange Harp will not be held accountable or responsible for any harm resulting from downloading or accessing any information or material on the Internet through the Orange Harp App or Website. We will not be held responsible for any third party acts on our App or Website. Any causes of action will be directed toward the appropriate user or brand and not to us.
THE ORANGE HARP APP AND WEBSITE, AND ALL MATERIALS, INFORMATION, PRODUCTS, SERVICES, CONTENT, WEBSITE, INCLUDED IN THE ORANGE HARP SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ORANGE HARP AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ORANGE HARP AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE ORANGE HARP SERVICES. WE WILL NOT BE HELD RESPONSIBLE FOR ANY ACTIONS FROM OUR PARTNER BRANDS. ANY LEGAL OR OTHER DISPUTE SHOULD BE HANDLED WITH THE BRAND DIRECTLY. ORANGE HARP AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE ORANGE HARP APP OR WEBSITE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE ORANGE HARP APP OR WEBSITE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY CAN LAST SO THE ABOVE MAY NOT BE APPLICABLE TO YOU SPECIFICALLY.
If a dispute should arise between a user and Orange Harp, you agree that it will be resolved following the provisions we set out below:
This Agreement will be governed in accordance with the laws of the state of California. Any dispute will be settled in arbitration, rather than in a courtroom proceeding or small claims court, in Santa Clara, California where Orange Harp is incorporated. The English language will be the language used in all proceedings and filings.
The filing of any claims as a class action is prohibited. You agree that you and Orange Harp may only bring claims against each other on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless agreed by both parties (you and Orange Harp), the Arbitrator will not be allowed to consolidate or join other individual claims. Any other relief awarded will not affect other Orange Harp users' claims.
By agreeing to these terms, you agree that the arbitration will be held in California, with exclusive jurisdiction and venue given to the Northern California.
Other Important Stuff
These Terms of Service constitute the entire agreement between the parties and replaces all prior understanding or written agreement. If anything needs to be amended, it will be in writing and signed by Orange Harp.
Please let us know if you have any questions, complaints, or concerns. You can reach us at [email protected] and Happy Exploring!