Short Version: Use good judgement at all times. Own or have permission to publish information you choose to share. Don't abuse our service. Don't copy our software. Be respectful to other members. We'll do our best to ensure you can Fiddle 24x7. If you have any questions or concerns please contact us at firstname.lastname@example.org
You must be at least 18 years old and competent to enter into a contract to use the Service. If you are under 18 years of age, you should have the express consent of a parent or legal guardian before using the Service. Unless we expressly note otherwise, these terms incorporate and supercede any other terms associated with the files and applications available on the domain bmfiddle.com, its sub-domains, and any international counterparts and sub-domains, as well as affiliated domains and sub-domains operated by Orbital Limited ('Orbital', 'we', or 'us').
You (the "Member"), by using, accessing, or attempting to interact with, Business Model Fiddle, or other Orbital software, services, websites, or any of their licensees services or software (collectively "Services"), agree to be bound and abide by the terms and conditions of this Agreement with Orbital Limited.
You agree that the Services, which includes all software and documentation, both electronic or printed media, contain copyrighted material, trade secrets, patent pending material, and other proprietary intellectual property. The Services are the proprietary property of Orbital Limited. They are protected by copyright, trade secret, and patent laws, and other proprietary rights and laws, and they may only be used or accessed as specifically provided for in this Agreement.
You agree that you will only use the Services if you are a person over 18 years of age or if you are under 18 years of age, you should have the express consent of a parent or legal guardian before using the Services.
You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part.
You agree that violations by you, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of this Agreement will be prosecuted to the fullest extent of the law in courts located in New Zealand.
The Services are offered on an "as is" basis and used by the Member solely at his or her own risk. All member-specific information provided by member in connection with Services shall be used to provide services and features to the member and to maintain the associated websites.
Orbital does not allow any of the following content, or links to such content, to be published on the Service:
Members posting any of the above content on their member account, profile, or Fiddles will be notified using Member's current email address on file, and given a 48 hour grace period to make any corrective actions. If no corrective actions are taken, Orbital will suspend the services of the member account until a resolution is met between Orbital Limited and the Member. A repeated violation of this Policy may cause cancellation of service.
In addition, Orbital does not allow any of the following:
Members are not permitted to knowingly allow another website or hosting server to link to content files stored on Orbital's servers. Members deemed to be using Business Model Fiddle solely as a remote storage server will have their account immediately terminated and will have all files associated with their account permanently removed.
The final choice of whether an account is in violation of any of these policies is at the sole discretion of Orbital Limited.
Violation of any of these policies may result in tracking information being stored to identify the offending member, and permanent restriction from holding an account on the Service.
Only for the duration of being logged into the Member's valid Business Model Fiddle account, the Member is hereby granted a non-exclusive, non-transferable temporary license, subject to the terms and qualifications of this Agreement, to use the Services only on the single computer that temporarily accesses the Services directly from the Business Model Fiddle website.
A valid Business Model Fiddle account may only be created and maintained by a Member who fully provides valid personal information about the Member in the signup process. To maintain a valid account, the Member must regularly update such information to assure its accuracy, and the Member must always comply with the terms of this Agreement.
The Member is not granted a license or any other right to store any of the Services (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works.
Orbital Limited and its Partners provide Services on an "as is" basis.
Orbital Limited shall make no effort to validate any information provided by the Member for use with Services for content, correctness or usability.
Use of Business Model Fiddle services requires a certain level of knowledge in the use the Internet and World Wide Web. The Member is required to have the necessary knowledge to use the Internet and the World Wide Web.
It is not the responsibility of Orbital Limited to provide free support for the Member in the use and operation of Orbital Limited.
Only services and features clearly indicated as "free" or "no charge" are free or without charge. All other applications, features, functionality and support provided by Orbital Limited and its partners are provided for a fee and the Member is liable for such fees.
The Member may not rent or lease or provide the Services (including any software or documentation used by or with the service) to third parties.
The Member may not decompile, disassemble, reverse engineer, copy, create a derivative work, or display the Software code in human readable form, or otherwise use the Services (which includes its software and documentation) except as explicitly provided for in this agreement.
The Member may not store, publish, or give the Services (including software and documentation) to others, or otherwise enable its use by others.
Electronic forums such as Fiddles and mail distribution lists have expectations regarding subject area and appropriate etiquette for posting. Members of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution.
The network resources of Business Model Fiddle may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Orbital Limited.
All members shall not attempt to undermine the security or integrity of computing systems or networks of Orbital Limited, its Partners, or those accessed through or with their product, and must not attempt to gain unauthorized access.
Orbital reserves the right to terminate any account that does not include a valid email address on file. This email address must be stored in the profile for the administrative account within Member's profile on the Business Model Fiddle system.
The Member certifies that he or she is a person at least 18 years of age. If you are under 18 years of age, the Member certifies that he or she has the express consent of a parent or legal guardian to use the Service.
The Services may not be used by any automated device or automated computational machine.
The Service may only be used or accessed through an electronic device under the manual control of Member at all times.
Orbital Limited shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from or by the Member or through the Business Model Fiddle services.
The Member takes full responsibility for all taxes and fees of any nature associated with Services used or products purchased.
Services provided to or used by the Member may only be for lawful purposes.
Transmission, storage, copying, or modifying any material or other actions by Member in violation of any Federal, State or Local regulation is prohibited.
This includes material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets.
This also includes, but is not limited to, material protected by copyright, trade secret, or any other statute, threatening material, or obscene material.
Members are prohibited from using Business Model Fiddle services for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which Orbital Limited deems, in its sole discretion, to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. This also includes links or any connection to such materials. The designation of any materials as such described above is left entirely to the discretion of the Orbital Limited management.
The subscriber agrees to indemnify and hold harmless and defend Orbital Limited from any claims resulting from the Member's use or Member's allowed use by others of the Services which damages either Orbital Limited, its officers, its employees, its directors, its partners, or another party or parties.
Member shall defend, indemnify, save and hold Orbital Limited (including, its agents, its clients, its servants, officers, directors and employees) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against them, that may arise or result from any service provided or performed or agreed to be performed or any product used or sold by or to Member, its agents, employees or assigns.
Member shall defend, indemnify and hold harmless Orbital Limited (including, its agents, its clients, its servants, officers, directors and employees) against any and all Liabilities caused directly or indirectly the Member or any person who Member allows to access the Services.
Under no circumstances, including negligence, shall Orbital Limited (including, its agents, its clients, its servants, officers, directors and employees) or any one else involved in creating, producing or distributing Business Model Fiddle services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Business Model Fiddle service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Orbital Limited records, programs or services. This paragraph shall apply to all content and functionality of the Business Model Fiddle Service.
Notwithstanding the above, Member's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Member paid directly to Orbital Limited during the current month.
Such limitations shall apply to Orbital Limited total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
Member warrants that it has the right to use the any trademarks, processes, or other materials it uses with the Services, if any.
Member warrants that its content does not infringe any third party copyrights or patents.
Orbital Limited makes no warranties or representations of any kind, whether expressed or implied for the Services.
Member's, use of Business Model Fiddle services are at Member's sole risk. Neither Orbital Limited, its employees, directors, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Business Model Fiddle service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Business Model Fiddle Service, unless otherwise expressly stated in this Agreement.
Orbital Limited also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the Member, or viewers and members of Member's materials, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of Business Model Fiddle is at the Member's own risk, and Orbital Limited specifically denies any responsibility for the accuracy or quality of information obtained through its services.
Damages claims for unavailability of the Service against Orbital Limited are expressly limited to the pro-rata portion of any monthly charge pre-paid by the Member directly to Orbital Limited for the period of the system unavailability. "System unavailability" shall be narrowly defined as an unscheduled outage of more than 2 hours, but in no case shall include outages for maintenance, upgrade or repair where Members are provided notice of such outages in advance via the Business Model Fiddle Twitter account.
Under no circumstances will Orbital Limited bear any responsibility for any damages arising as a consequence of such unavailability.
Revisions to this Agreement will be applicable to previous version of this Agreement. Revisions will be considered agreed to by the Member continuing to use of or access the Services in any way.
Orbital Limited reserves all rights for changes and/or modifications to the Services and rates and will communicate these changes to the subscriber within 30 days of their effect.
This Agreement constitutes the entire understanding of the parties, and is agreed to being entered into in New Zealand.
This Agreement shall be governed and construed in accordance with the laws of New Zealand and no party shall object to removal or prosecution of any litigation to a court in New Zealand.
This Service may be terminated by either party, without cause, by giving the other party 3 days written notice.
Notwithstanding the above, Orbital Limited may terminate Services at any time, without penalty and without notice, if the Member fails to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services. Orbital Limited may also seek legal prosecution of any violations of law or this Agreement and the Member agrees to personal jurisdiction by the Courts in New Zealand.
Upon notice of termination of Services by Orbital Limited to Member via contact e-mail to Member's Services account and contact e-mail account provided in Member's personal information, or voluntary termination of service by Member, Orbital Limited has the right to delete all data, files, or other information that is stored in the Member's account for any reason.