Terms of Service

This website (the “Website“) is owned and managed by Orange Sky Co., a California corporation, located at 588 Sutter Street #118, San Francisco, California 94102 (“Company“, “we” or “us“). These Terms of Service, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service” or “TOS“), govern (i) your access to and use of the Website any content, functionality and services offered on or through the Website; (ii) the product and services we provide to you and (iii) our contact with you. Please note that all bookings, once completed, will be governed by our Booking Terms and Conditions.

I. Definitions.

1. “User” means any person or entity who accesses any portion of our Website. All Users are subject to these TOS and our Privacy Policy and agree to abide by all terms and conditions contained herein.
2. “Content” means any material, existing or having existed on our Website consistent with these TOS from any origin and in any form whether digital, electronic, posted, deleted, archived, embedded, linked or contained in any subpage of our Website or existing as data, designs, text, images, graphics, video or code whether object, source or otherwise, and without limitation may generally be considered material which we have provided on or as part of our Website or which Users have provided, posted or uploaded to it.

II. Changes to the Terms of Service.

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately upon posting, and apply to all access to and use of the Website. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes.

III. Accessing the Website and account security.

3.1. Right to Amend the Website. We reserve the right to make amendments and modifications to the Website, including any service or material provided herein, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

3.2. User Responsibility. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information about yourself. You agree that all information that you will provide about yourself to register with the Website or otherwise, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You also agree to provide true, accurate, current and complete information about yourself and promptly update your information with us to maintain its accuracy. If you provide any information that is untrue, inaccurate, offensive, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, offensive, not current or incomplete, we have the right to suspend or terminate your account(s)/ registration with us or your use of our services without notice to you and to refuse any and all of your current or future use of the Website and our services.

3.3. Security of Username and Password. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website and the bookings made through this Website using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

3.4. Right to Disable Username and Password. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Service.

IV. Intellectual property rights.

4.1. Intellectual Property Rights Ownership. The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

4.2. License to Use. You are allowed to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website. You also agree not to use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. You must not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site. You acknowledge that no right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

4.3. Breaching the Terms of Service. If you exceed the scope of the license and if you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Service, your right to use the Website will be terminated immediately and you must return or destroy any copies of the materials you have made.

V. Prohibited uses.

You may use the Website for lawful purposes only and in accordance with these Terms of Service. You agree not to use the Website:

• (a) In any way that violates any applicable federal, state, local or international law or regulation;
• (b) For the purpose of exploiting, harming or attempting to exploit or harm minors;
• (c) To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Service;
• (d) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
• (e) To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
• (f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website and, or which may harm the Company or users of the Website;
• (g) To disable, overburden, damage, or impair the Website or interfere with any other parties’ use of the Website, including their ability to engage in real time activities through the Website;
• (h) To access the Website by using any robot, spider or other automatic device, process or means for any purpose, including monitoring or copying any of the material on the Website;
• (i) To interfere with the proper working of the Website by using any device, software or routine and also not to introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
• (j) To attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
• (k) To attack the Website via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Website.

VI. User contributions.

6.1. User Contributions Defined. The Website may contain profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions“) on or through the Website.

6.2. Compliance with the Terms of Service. All User Contributions must comply with the Content Standards set out in these Terms of Service.

6.3. License to User Contribution. Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. Upon your submission of any User Contribution on this Website, you grant us the exclusive, unlimited, transferable, sub-licensable worldwide right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings.

6.4. User Representation and Warranties. You represent and warrant that:

• (a) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us;
• (b) All of your User Contributions do and will comply with these Terms of Service and you have full responsibility for all User Contributions, including their legality, reliability, accuracy and appropriateness.

6.5. Company Not Liable for User Contributions. We take no responsibility and we shall not be liable to any third party, for the content or accuracy of any User Contributions posted by a User.

VII. Monitoring and enforcement; termination.

7.1. Enforcement. We have the right to:

• (a) Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
• (b) Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe such User Contribution violates the Terms of Service and the Content Standards, infringes any intellectual property right, right of publicity or other right of any person or entity, threatens the personal safety of users of the Website or could create any liability for the Company;
• (c) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• (d) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• (e) Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Service;
• (f) Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

7.2. No Liability. However, we do not undertake to review the material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

VIII. Content standards.

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

1. Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
3. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.
5. Be likely to deceive any person.
6. Promote any illegal activity, or advocate, promote or assist any unlawful act.
7. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
8. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
9. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
10. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

IX. Linking to the Website.

9.1. Linking to Website. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

9.2. Unauthorized Framing or Linking. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

9.3. Linking from the Website. Company does not take responsibility and does not endorse any third party websites, services and content available on or linked to by the Website.

X. Minimum age requirements.

You are not permitted to create an account with us if you are under 18 years of age. When you create an account you certify that you meet this age requirement. If you do not meet this age requirement but you still create an account, or if we suspect you do not meet this age requirement, we will consider you in violation of these Terms of Service and may terminate your account(s) immediately without prior notice to you. During the process of account registration, you may be asked to further certify that meet this age requirement.

XI. Account termination.

Your account(s) with us is a privilege provided to you by us and exists and is maintained entirely at our discretion. At any time, with or without cause, we may terminate/suspend your account(s) if we deem doing so to be necessary. You agree that you release us now and forever from any liability incurred by you as a result of our termination/suspension of your account(s) and that you shall indemnify, defend and otherwise hold us harmless for any liability, claims, damages, liens, penalties, fines or fees (including attorney’s fees and/or accounting fees) which we incur or are brought against us by any party as a result, either directly or indirectly of our decision to terminate your account(s). You acknowledge that without limitation, grounds for termination of your account(s) may include any violation of these Terms of Service by you or any party using your account, the order/request of any regulatory, investigatory, law enforcement, government or judicial agency/entity. You understand and acknowledge that our termination/suspension of your account(s) does not require prior notice to you.

XII. Disclaimer of warranties.

12.1. No Liability for Technologically Harmful Material. You understand that we cannot and do not guarantee or warrant that files available for downloading from Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

12.2. Disclaimer of Warranties. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

XIII. Limitation of liability.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

XIV. Indemnification.

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Website.

XV. Miscellaneous.

15.1. Governing Law and Jurisdiction. All matters relating to the Website and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

15.2. Waiver and Severability. No waiver by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

15.3. Entire Agreement. The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

XVI. Your comments and concerns.

This website is operated by:

Orange Sky Adventures

588 Sutter Street #118, San Francisco, CA 94102

United States of America

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to hello@orangeskyco.com.

Thank you for visiting the Website.

Last Updated: April 5, 2019

dylan gallagher

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