|Terms and Conditions|
Last Updated: August 7th, 2011
This legal notice (TERMS and CONDITIONS) applies to all ORB Education websites (ORB ONLINE) including our publishing sites (ORB PUBLISHING), our free share sites (ORB SHARE) and our open marketplace (ORB MARKETS), along with emails and other correspondence between you and us. Use of the websites and correspondence with us indicates that you (as a VISITOR) accept these terms of service whether registered with one of the websites (as a MEMBER) or otherwise.
The Terms and Conditions may be updated without notice. Changes will be posted on our website along with the last revision date. It is your responsibility to check the notices regularly and only use ORB Online if you agree to the new Terms and Conditions.
ORB Education offers a variety of educational products through our online and offline services. Our online domains include, but are not limited to:
ORB Share is a web-based service that provides teachers with an
online facility to share digital teaching resources, website links and
videos. ORB Markets provides teachers with an online marketplace to buy
and sell educational resources from each other. ORB Publishing offers
published educational products to teachers via our websites and offline
promotional activities. These are all considered part of our SERVICE.
The content of ORB Online (CONTENT) includes digital files (documents,
PowerPoints, spreadsheets, databases, software, music, sound,
photographs, graphics, video etc), messages (reviews, opinions,
questions, answers, reports etc) and links (website links, video links
etc). The digital files (PRODUCTS) are not owned by ORB Education, but
licenced either from the copyright owner (OWNER), whether this is the
original creator of the resource (CREATOR) or a third-party publisher
(PUBLISHER) as set out below. Licences for use of these resources are
then offered to other educators (USERS). The messages (MESSAGES) are
posted by and indicate the opinions of Visitors, for which ORB Education
holds no responsibility. The links (LINKS) are posted by users and lead
to 3rd party websites, for which we can also hold no responsibility. The
posting, uploading, emailing or otherwise sharing of any Files, Messages
or Links will be referred to as the TRANSMITTING of Content.
ELIGIBILITY (access by children)
The ORB Share and ORB Markets Services are intended for adults. ORB
Education does not pre-screen content submitted to these areas, and
therefore insists that you are over 18 years of age before becoming a
Visitor to them.
A USERNAME and PASSWORD is required for access to many areas of ORB Online. As a Member, you are fully responsible for all activities that take place under your Username and for maintaining the confidentiality of your Password. You should therefore notify us immediately of any possible breaches of security. You should log out of your account at the end of each session in order to prevent subsequent computer users accessing your account. ORB Education is not liable for any loss or damage arising from your failure to meet this obligation.
As a Visitor, you agree not to:
Shared Content is the sole responsibility of the Visitor from which
it originated. All shared Content must be lawful, relevant, fair and
appropriate. ORB Education will not accept responsibility for, and
offers no guarantee regarding the accuracy, integrity or quality of any
Content submitted to ORB Online. Although ORB Education prohibits
certain Content as outlined above, and will make reasonable efforts to
eliminate such Content, you accept that there is a risk of exposure to
Content that you may find offensive, indecent or objectionable. As
someone who posts Content, you understand that action may be taken
against you regarding breach of copyright, defamatory remarks or for any
other breach of the Terms and Conditions, and this may result in a legal
more information) and the payment of compensation.
ORB Education does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the service or any hyperlinked website, or featured in any banner or other advertising.
SUBMITTING CONTENT TO ORB SHARE
Any Member can submit resources to ORB Share, providing that they agree to the Terms and Conditions stated in this document.
ACCESSING CONTENT FROM ORB SHARE
There are no fees for obtaining content from ORB Share, but, in each
section, Members must have submitted a resource in order to access those
shared by others.
SUBMITTING CONTENT TO ORB MARKET
To submit content to ORB Market, a Member must have submitted and
maintain at least one freely shared resources in ORB Share, and agree to
the Terms and Conditions stated in this document. In addition, you agree
that, in the absence of a specific preview file, your selected free
resource will be made available to prospective buyers as a sample of
� 40% of the sale price of each item sold.
For each transaction, ORB Education will automatically deduct the Fees from the sale price collected from Users and immediately credit the remaining amount to the Owner�s Commission Balance in their account. Owner�s may leave this entire amount in their account or spend some/all of the balance on products for their own use. Any outstanding Commission will be forwarded to the Owner on a quarterly basis (within 4 weeks of the final day in each quarter, ending March 31st, June 30th, September 30th and December 31st). By listing an item for sale, you represent and warrant to prospective Users that you have the right to sell the product and that your listing is accurate, current, complete and is not misleading or otherwise deceptive.
ACCESSING CONTENT FROM ORB MARKETPLACE
Any Member can obtain Content from ORB Marketplace on payment of the
full price displayed on the product page. This payment may be made
instantly through PayPal (using a Credit Card or otherwise) or by
crediting your account via one of our other payment methods prior to
making your purchase. Other available payment methods may include direct
bank transfer and cheque, as listed in your account. A receipt for your
payment will be displayed on the screen and emailed to you. Download
links for this resource are available in your account immediately for at
least 30 days.
SUBMITTING CONTENT TO ORB PUBLISHING
Products can be tagged for the ORB Publishing cycle when submitted. This request alerts ORB Education to your wish, but does not guarantee that the product will be published anywhere. The tagging of a resource as such does not affect the availability of the product through ORB Share and ORB Marketplace. If your resource is selected for ORB Publication, you will be notified that the process is underway and given a number of options about how to proceed. This will include the removal of the resource, or any similar, or derivative resource for which you own the copyright, from ORB Share and ORB Marketplace. Further Terms and Conditions will be presented at this stage.
In ORB Publishing, prices are set by ORB Education. Commission payments for sales of your products within the ORB Publishing area are awarded through two streams. Amounts owing for products sold through ORB Online are paid via PayPal on a quarterly basis using the same method as for the ORB Marketplace payments described above. Commission payments for offline (real world) sales are presently paid on a 6 monthly or 12 monthly basis, as outlined in our ORB Publishing help guides.
ACCESSING CONTENT FROM ORB PUBLISHING
Any Member can download ORB Published products through our website using the same method as described for ORB Marketplace above. Orders can also be placed through our mailorder catalogues, via post, email or fax. Mail orders from known schools can be placed and the products forwarded with an invoice. Other mail orders should be accompanied by a cheque or direct debit for the full amount.
A. Licences Granted by Creators and Publishers to ORB Education.
On posting Products to ORB Share, you grant ORB Education a royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display the Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology, whether now known or later developed. You hereby waive any moral rights you have in the Content and agree to perform all further acts necessary to perfect any of the rights granted by you to ORB Education.
On posting Products to ORB Markets, the copyright is retained by the current owner whether Creator or Publisher. However, for the duration of time that the Product is made available through ORB Online, you automatically grant ORB Education a royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display the Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology, whether now known or later developed. This licence is revoked after removal of your products from the Service and the cancellation of your membership, but any current promotional activates already in process will continue through to the end of their natural cycle. ORB Education maintains the right to offer the product for the length of time required for this cycle to be completed, plus the 30 days for which the download is made available after sale, as outlined in the Agreement above.
The licence details for products in the ORB Publishing area are agreed during the publishing process.
B. Licences Granted by Creators and Publishers to Users.
Licences are granted by ORB Education to the User as set out below.
Copyright ownership of products submitted to ORB Markets is retained by the current owner, whether Creator or Publisher. As the current owner, you control the copyright licences granted to the User and have the responsibility of informing the User of the Terms and Conditions under which the Content is offered. You may select and apply a copyright licence from the Creative Commons website. In the absence of any other licence, the User may select from one of the ORB Publishing licence agreements set out below.
Products in the ORB Publishing area are controlled by ORB Education, as outlined below.
C. ORB Education to Users.
All Content is subject to copyright and/or other intellectual property right owned by or licensed to ORB Education. You are prohibited from reproducing, extracting, providing links to or otherwise communicating or making available to third parties any part of the content of this website without our explicit consent. You acknowledge that, by making use of this Content, you are agreeing to comply with this prohibition.
ORB Education grants you a personal, non-transferable and non-exclusive right and licence to use the Content for its intended purpose subject to your compliance with these Terms and Conditions. Unless otherwise stated, these products may be used within your educational establishment, home school or during any other appropriate educational activity for which you are responsible. Products may not be loaned, rented, distributed, sold, exploited or republished without the prior consent of ORB Education. If the product is in an easily editable format, then you have the option of editing the resource for your own classroom use (or equivalent) but all derivative works are also subject to these same Terms and Conditions.
Products in ORB Market are subject to the licence stipulated by the copyright owner. In the absence of a specified licence, products automatically adopt the ORB Publishing licensing model described below.
Products are subject to either a school licence or an independent licence, as selected by the purchaser. In the absence of this selection, the School Licence is assumed.
1. Use of Products
2. Copying and Backups
Copies of the resources may be shared amongst the teachers and students of the purchasing school only. Acceptable uses are shown below.
Closed site licence - Non-software products only
Open site licence - Non-software products only (all of the above,
plus the following)
Copies of the resources may be shared with your students. Acceptable uses are shown below.
Closed site licence - Non-software products only
Open site licence - Non-software products only (all of the above,
plus the following)
3. Editing Materials
Resource materials may be adapted for use, with the following
Each piece of software is delivered with its own licence terms and
conditions. Please view these on installation of the product.
ORB Education respects copyright ownership. If you have a concern regarding any of the Content on ORB Online, then the first step is to contact the Owner of the Content using the �Problems� link in the top section of any product page. If you fail reach an agreement with the Content Owner, then please use the �Report� link in order to inform ORB Education of the problem. It is our policy to remove Content that contravenes these Terms and Conditions. We may also terminate the accounts of users who appear to repeatedly infringe copyright.
CONFIDENTAL INFORMATION refers to any and all data, information,
documents, software, trade secrets, proprietary information or materials
relating to the business and management of ORB Education, the Visitors
or Members, that is designated as confidential or ought reasonably to be
considered confidential, including but not limited to the business model
and operations, processes, products, designs, pricing, promotions,
business plans, business opportunities, finances, research, development,
trade-secrets, training materials, personnel, clients, methodologies or
Content belonging to others and other intellectual property.
STORAGE OF INFORMATION
You acknowledge that ORB Education may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that Content will be retained by the Service and the maximum number of times you may access the Service in a given period of time. You agree that ORB Education has no responsibility or liability for the deletion or failure to store any Content. You acknowledge that ORB Education reserves the right to de-activate accounts that are inactive for an extended period of time. You further acknowledge that ORB Education reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service includes the ability to enter into agreements and/or to make purchases electronically. On using the service, you acknowledge that your electronic submissions constitute your agreement to these Terms and Conditions and your intent to be bound by this agreement. This applies to all transactions within the Service, including notices of cancellation, policies, contracts and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
ORB Education reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. To the fullest extent permitted by applicable law, you agree that ORB Education shall not be responsible or liable to you or to any third party for any loss or damage of any kind, modification, suspension or discontinuance of the Service. You agree that ORB Education, in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, the Service or any part of it or any of your passwords or accounts (or any part(s) thereof or related files and information) within the Service, and may remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if ORB Education believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. All provisions of the Terms of Service will survive termination, including, without limitation, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.
ORB Education reserves the right to modify the Terms of Services at any time, by posting amended terms on this website. Your continued use of the Service indicates your acceptance of the amended Terms of Service. If you do not agree to the terms of this Agreement or any modified version of this Agreement, do not continue to use the Service or access the site.
You expressly acknowledge and agree that ORB Education shall not be liable for any indirect, incidental, special, consequential or exemplary damages, nor for direct or indirect loss of profits revenue, business, anticipated savings, goodwill, opportunity, reputation, business interruption, use, data or intangible losses even if ORB Education has been advised of the possibility of such damage.
ORB Education makes no warranties or representations about the credibility of the members of the service, that members will perform as promised, about the truthfulness, accuracy or completeness of the service's content or the content of any sites linked to this service, or the availability, quality, characteristics, legitimacy, functionality, pricing, shipping, delivery, security or safety of any products or content (including, without limitation, any teaching content) listed for sale on this service, or any product descriptions or product literature.
You agree that ORB Education, its affiliates, and its and their officers, directors, employees, agents shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, reputation, use, data or other intangible losses, resulting from: (i) the access to or the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. In the event that an exclusion voids the limitation of liability for incidental or consequential damages, ORB Education�s liability to you or any third party shall in no event be, in the aggregate, greater than the lesser of (a) the total amounts paid by you to ORB Education during the twelve months prior to the claim or action allegedly giving rise to such liability, or (b) one hundred Australian dollars (AU$100.00).
By accepting the Agreement, you agree to indemnify, defend and hold ORB Education and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any and all liability, losses, costs, claims, expenses, demands, expenses or tax assessments, incurred in connection with or arising out of violation of these Terms and Conditions, any applicable law, any claim made by any third party or any action taken by any governmental or regulatory body, due to, arising out of or relating to any Transferred Content, your connection and use of the Service, your actual or alleged breach of this Agreement , your actual or alleged infringement of any third party intellectual property or proprietary rights or your actual or alleged violation of any applicable laws, rules, regulations or rights of another. This indemnity includes both any liability to third parties, and other costs and losses incurred by ORB Education.
You expressly acknowledge and agree that:
� Your use of the Service is at your sole risk. ORB Education
Services are provided on an 'as is' and 'as available' basis. We do not
guarantee the accuracy, timeliness, completeness or fitness for purpose
of the Content provided on the Websites or through the Service or that
use of the Websites will be uninterrupted, virus free or error-free. No
responsibility is accepted by or on behalf of ORB Education for any
errors, omissions or inaccurate information available through the
All ORB Online sites are owned by ORB Education, Australia, and (in the case of certain features) its third party service providers. Unless otherwise indicated, the contents of all ORB Online sites are the property of ORB Education and are protected, without limitation, pursuant to domestic and foreign copyright and trademark laws. Unless permission is specifically granted otherwise, no material from ORB Online may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
All logos, names are trademarks used with ORB Online are property of, or licensed by ORB Education. You agree not to display or use these trademarks in any manner without prior, written consent from ORB Education.
WAIVER AND SEVERABILITY
The failure of ORB Education to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Terms of Service shall be held unlawful, void or unenforceable for any reason, then that provision shall be deemed severed from this Terms of Service and shall not affect the validity and enforceability of the remaining provisions. The severed provision shall be deemed modified so that its purpose can be lawfully effectuated and enforced.
GOVERNANCE AND APPLICABLE LAW
The Terms of Service will be governed by and construed in accordance with the laws of the NSW and Australia, without regard to its conflict of law provisions. ORB Education makes no representation that materials or content on the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
� ORB Share may provide you with notices, including, without
limitation, those regarding changes to the Terms of Service and other
service-related announcements, by email or postings on the Service.
Please send any questions or comments regarding this agreement, or
report any violations of this Agreement, to enq@ REMOVE THIS