Acceptance of Terms and Registration
- Acceptance. To use OrbitYard, you must agree to be unconditionally bound by these Terms. You accept the Terms by clicking to accept or agree to the Terms where this option is made available to you in any agreement or electronic form, or by visiting the Site or using another Service. If you are using or accessing OrbitYard on behalf of a company or other entity, you represent, agree, and warrant that you are authorized to act on behalf of the entity and to bind such entity to these Terms. You must be of legal age and capacity to form a binding contract to accept the Terms. If you do not agree with any of these Terms, do not access or use OrbitYard.
- Eligibility. To use OrbitYard, you must be (a) at least 18 years of age or (b) at least 16 years of age and your legal guardian must give Dice Media Group prior express written consent to your use of OrbitYard, as demonstrated by your legal guardian accepting these Terms on your behalf. By using OrbitYard, you represent and warrant that you are of legal age to form a binding contract with us for yourself or your child and that you meet all of the foregoing eligibility requirements. You may not access or use OrbitYard if you are barred from receiving such services under applicable law or have previously been suspended or removed from OrbitYard. If you do not meet all of these requirements, you must not use OrbitYard.
- Services. Inherent in the services outlined in the OrbitYard TOU you gain access to certain aspects of OrbitYard for free or you can subscribe to enhanced access and use of OrbitYard for the fee stated when you signup and accept these Terms.
License and User Content
License grants are described in the OrbitYard TOU and are herein affirmed.
- Your ability to generate User Content as described in the OrbitYard TOU, as governed by the Acceptable Use limitations contained therein, is affirmed herein.
- As stated in the OrbitYard general TOU, you are solely responsible for your User Content, its features, and functions, and how it is used by you and others. Dice Media Group is not responsible for policing your use of OrbitYard or any User Content. Dice Media Group does not and will not have any obligation to review User Content, and therefore we do not guarantee the accuracy, integrity, or quality thereof and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable User Content will not appear on OrbitYard. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of OrbitYard, is solely your responsibility. Without limiting the foregoing, Dice Media Group reserves the right to collect and store any User Content, as well as any files, documents, or data related thereto, uploaded, or generated via OrbitYard on our information systems indefinitely in order to track and analyze work performed using OrbitYard, or for any other lawful purpose. To the extent permitted by law, Dice Media Group reserves the right to review and remove any or all User Content at our sole discretion, in whole or in part. UNDER NO CIRCUMSTANCES WILL DICE MEDIA GROUP BE LIABLE IN ANY WAY FOR ANY USER CONTENT POSTED ON OR MADE AVAILABLE THROUGH ORBITYARD BY YOU OR ANY OTHER USER.
- Any User Content, Feedback, or other posts to and through OrbitYard is subject to our approval. We may withhold such approval for any reason, including but not limited to, if we believe such post(s) may violate these Terms, any law, or the rights of any third party. We reserve the right to remove any posts to OrbitYard for any reason, but we have no obligation to police User activity.
- You are strictly prohibited from violating or trying to violate our security features, such as by (i) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures unless we expressly authorize that you do so in writing; (iii) attempting to interfere with service to any user, host, or network, such as by means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing," or "crashing"; or (iv) sending unsolicited email, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. You hereby agree not to use any device, software, or routine to interfere, or try to interfere, with the proper working of OrbitYard or any activity being conducted on OrbitYard. You further agree not to use, or try to use, any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search OrbitYard other than the search engine and search agents that we make available via OrbitYard and other than the generally available third-party web browsers. If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
- You hereby agree not to use any device, software, or routine to interfere or try to interfere with the proper working of OrbitYard or any activity being conducted thereon. You further agree not to use or try to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search OrbitYard other than the search engine and search agents that we make available via OrbitYard and other than the generally available third-party web browsers. If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
Subscription Structure and Fees.
Your use of OrbitYard incurs a fee, based upon your subscription level.
As of September 1, 2023, Dice Media Group provides three subscription levels which allow access to varying levels of OrbitYard Content and collaboration with employees and contractors working for Dice Megia Group.
- Free – This lowest level provides access to limited OrbitYard content and no collaboration to develop apps or other User Content.
- Basic – This level provides limited collaboration with Dice Media Group employees and contractors and offers expanded access to OrbitYard content over the Free level.
- Developer – This level provides active involvement of Dice Media Group employees and contractors to develop User Content and provides greater access to OrbitYard content.
You must acquire a subscription for every individual user of OrbitYard within your organization (“License Seat”). One License Seat shall be designated as the primary License Seat which represents you, your organization or entity. All Licenses granted to you in these Terms or the OrbitYard TOU will be deemed to have been given to the holder of this License Seat on behalf of you, your organization, or your entity absent instructions from the holder of this License Seat to the contrary.
OrbitYard Content and types of collaborative services are assigned a point value depending upon complexity and unique features of the content and/or services. Simple content may be assigned a 0-point value and be available to free subscribers. As OrbitYard content becomes more complex, unique, or otherwise valuable, it is assigned a point value representing the degree of effort required to generate that content or collaborative service.
Basic level subscribers will receive at least one (1) point upon purchasing a subscription and an additional one (1) per month in which they maintain their subscription. Developer level subscribers will receive at least three (3) points upon purchasing a subscription and an additional three (3) points in which they maintain their subscription. Changing a subscription from Basic to Developer will result in the automatic issuance of at least two (2) additional points while changing a subscription from Developer to Basic will not incur any additional points for that subscriber, but they will receive the at least one (1) point monthly according to their new subscription level.
Separate Purchase of Points
All Basic and Developer subscribers are given the opportunity to purchase additional points at any given time.
Points will Roll-over from month-to-month and will not expire so long as you maintain a Basic or Developer (“Paid”) level subscription. Cancelling your subscription or reverting to the Free level will result in the forfeiture of any points accumulated and NO REFUNDS WILL BE GIVEN.
Internal Collaboration and Point Sharing
Only License Seats with Paid subscriptions may collaborate with one another and with OrbitYard personnel in developing User Content. Points may be shared among License Seats with Paid subscriptions within your organization in furtherance of this collaboration.
Right to Modify
Dice Media Group retains the absolute right to modify this subscription structure at any time, including but not limited to the abolition or addition of additional levels, the pricing structure of each subscription level and/or the purchase of additional points (including periodic discounts), the gifting of points, and providing point rewards.
As of September 1, 2023, each subscription level is referred to as a “Ring” with the Developer level referred to as the “Zenith Ring,” the Basic level referred to as the “Constellation Ring,” and the Free level referred to as the “Voyager Ring” while Points are referred to as “Stars.” This terminology may change at any time in accordance with section 6, above.
Disclaimer of Warranties and Dispute Resolution
Disclaimer of Warranties
YOUR USE OF ORBITYARD IS AT YOUR OWN RISK. DICE MEDIA GROUP MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH ORBITYARD OR RELATING TO THE AVAILABILITY, QUALITY, RELIABILITY, SUITABILITY, TIMELINESS, TRUTH, ACCURACY OR COMPLETENESS OF ORBITYARD. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ORBITYARD IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. DICE MEDIA GROUP does not warrant that OrbitYard will meet all of your requirements or that its operations will be uninterrupted or error free, or that any defect within OrbitYard will be corrected. No oral or written information, representation or advice given by DICE MEDIA GROUP shall create a warranty without a writing signed by DICE MEDIA GROUP EXPRESSLY CREATING such warranty.
You agree to indemnify and hold DICE MEDIA GROUP, our subsidiaries and our affiliates, and their respective MEMBERS, directors, SHAREHOLDERS, officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, damages, or demand, including without limitation reasonable attorneys' fees, due or relating to or arising out of (i) your use of OrbitYard in violation of THIS AGREEMENT, (ii) your breach of THESE TERMS, or (iii) any breach of your representations and warranties set forth in THESE TERMS.
DICE MEDIA GROUP SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF ORBITYARD. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DICE MEDIA GROUP BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, HOWEVER ARISING, EVEN IF DICE MEDIA GROUP KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL DICE MEDIA GROUP BE LIABLE TO YOU FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE AGGREGATE OF THE FEES PAID BY YOU TO DICE MEDIA GROUP FOR ORBITYARD DURING THE THREE MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY OR, IF NO FEES WERE PAID DURING SUCH THREE MONTH PERIOD, ONE HUNDRED US DOLLARS ($100), IN EACH CASE, WHETHER OR NOT DICE MEDIA GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Class Action Waiver
You may only resolve Disputes with Dice Media Group on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these Terms. You hereby waive any right to commence or participate in any class action lawsuit against DICE MEDIA GROUP related to any claim, dispute, or controversy, and, where applicable, you hereby agree to opt out of any class proceeding against DICE MEDIA GROUP otherwise commenced ON OR AFTER THE EFFECTIVE DATE OF this AGREEMENT.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT CONTAINS A CLASS ACTION WAIVER, REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. You agree that any dispute, controversy or claim between you and Dice Media Group arising out of or relating to these Terms, or the breach thereof, our provision of OrbitYard, your access to or use of OrbitYard, or any alleged violation of any federal, state, or local law, statute, or ordinance (each such dispute, controversy, or claim, a "Dispute") will be governed by the procedure outlined below. In the event of any Dispute between the Parties concerning the terms and provisions of these Terms, the prevailing Party shall be entitled to collect from the other Party all costs incurred in such dispute, including reasonable attorneys' fees.
Informal Dispute Resolution
We want to address your concerns without the necessity of a formal legal case. Before filing a claim against Dice Media Group, you agree to try to resolve the Dispute informally by contacting email@example.com. Dice Media Group will contact you by email as part of a good faith effort to resolve the Dispute informally. If a Dispute is not resolved within 30 days after submission, you or Dice Media Group may bring a formal proceeding.
You and Dice Media Group each agree to resolve any Disputes through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Salt Lake City, Utah, United States, or any other location we agree to. The AAA rules will govern payment of all arbitration fees. Notwithstanding the foregoing, either you or Dice Media Group may assert claims, if they qualify, in small claims court in Salt Lake City, Utah or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of OrbitYard, or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
Intellectual Property Disputes
Notwithstanding the Parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for OrbitYard under these Terms. Either Party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
Limitation on Claims
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of OrbitYard must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever. To the extent that the arbitration agreement is not enforceable, each party hereby irrevocably consents to the exclusive jurisdiction and venue of the federal, state, and local courts in Salt Lake City, Utah for resolution of any lawsuit or court proceeding permitted under these Terms.