Policies

Last Update: February 2025

ORCAVUE TERMS & CONDITIONS

Introduction

Vue Events, Inc. (a.k.a “OrcaVue”) sets out here its Terms & Conditions (the “Terms of Agreement” or “Terms”), which are made up of General Provisions and four additional sections that explain the legally binding terms between you as the customer (referred to herein as the “Customer,” “you” or “your,” which includes you and your affiliates, agents, successors and assigns, and their respective officers, directors, shareholders, members, employees, representatives, contractors, agents, and operational service providers) and Vue Events, Inc., dba OrcaVue (“OrcaVue,” “we,” “us” or “our,” which  includes OrcaVue and its affiliates, agents, successors and assigns, and their respective officers, directors, shareholders, members, employees, representatives, contractors, agents, and operational service providers ).  These Terms apply to everyone who visits or avails themselves of any Product or Service offered by or on the OrcaVue Site, regardless of their level of participation. Capitalized terms have the meanings given to them in the Terms.

The five sections of the Terms are:

(A) General Provisions (immediately below); – these are provisions that apply to all of the Terms;

(B)  Website Usage  – your access to and use of the OrcaVue family of web sites, including https://orcavue.com/ and other sites owned, operated, managed, and/or monitored by OrcaVue, including but not limited to OrcaVue social media accounts, forums, email services, and associated web pages, features and functions made available by OrcaVue (collectively, the “OrcaVue Site”);

(C) Commerce Policy – the purchase, rental or licensing of equipment, goods and/or Software (as defined herein) (collectively, the “Products”) or services (the “Services”) from OrcaVue by you or the company or entity that you represent;

(D) Cancellation, Refund, Return, Shipping and Warranty Policy – OrcaVue’s policies regarding when and how you can cancel or return an Order or obtain a refund, and what is covered by our limited warranty;

(E) Privacy Policy – the Personal Information (as defined herein) that the OrcaVue Site collects through your use of the site, and how that information is used, secured, and disclosed in compliance with data privacy laws and regulations.  The Terms of the Privacy Policy cover your rights or responsibilities with respect to third-party content and/or any links on the OrcaVue Site that may direct your browser or your Internet connection to third-party websites or web pages, but the Privacy Policy does not contain a complete explanation of the third party’s policies. It is your responsibility to consult the terms and conditions of those third-party sites for your rights and duties thereunder. 

BY YOUR ACCESS AND USE OF THE ORCAVUE WEBSITE, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND ARE CONSENTING TO BE BOUND BY THEM.  IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE ORCAVUE SITE.

GENERAL PROVISIONS

(Sections I-IX)

 I.   REPRESENTATIONS AND WARRANTIES OF ORCAVUE

OrcaVue represents and warrants that:

1. it is a corporation duly organized in the State of Delaware, validly existing and in good standing under the laws of the State of Delaware;

2. it has the requisite power and authority to own and operate its assets and to carry on its business as now conducted, and it has taken all corporate action necessary to enter into the agreement comprising these Terms;

3.  these Terms do not conflict with or violate any of OrcaVue’s other agreements or obligations, and none of the Terms hereunder, if performed, shall cause OrcaVue to be in breach of any of its other agreements or obligations; and

4.  it possesses any license, registration, permit, authorization or approval for the conduct of its business in the manner contemplated by these Terms.

II.   REPRESENTATIONS AND WARRANTIES OF THE CUSTOMER

By using the OrcaVue Website or ordering any OrcaVue goods, services or software license (“License“) (collectively, goods, equipment, services and licenses provided by OrcaVue are referred to herein as “Products” and each as “Product“), the Customer represents and warrants that:

1. it has the requisite power and authority to place Orders (as defined herein) with OrcaVue on behalf of the person or entity that it claims to represent;

2. with respect to any License granted to the Customer by OrcaVue (each such Customer-grantee being a “Licensee“):

a.  the individual(s) or entity/ies who are authorized by the Customer to use OrcaVue Software or Products to produce a video or other media (each, an “Authorized User“) have been supplied by the Customer with a user ID and password (Authorized Users may include, among others, the Customer/Licensee’s affiliates, agents, and “Guests,” defined as individuals who may have had their image(s) captured by Licensee during the use of the Software);

b.  it and its Authorized Users or Guests shall not attempt to reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the Software or any software provided or made available by OrcaVue in conjunction with the Software, including system peripherals or camera firmware;

c. it is responsible for all use of its accounts and Products by anyone whatsoever and for maintaining the confidentiality of all of its user IDs, passwords, and other system access information provided by OrcaVue. It further acknowledges that it is prohibited from sharing of any of its user IDs, passwords, account numbers or similar information with third parties that do not have rights under its License. It assumes responsibility and liability for ensuring that its hardware and system software (including but not limited to any interfaces) are compatible with the Software provided by OrcaVue, and it, its users (whether or not an Authorized User), and its Guests waive any claims against OrcaVue arising directly or indirectly from Users’ failure to so ensure; and

d. it shall display a link to OrcaVue’s Privacy Policy in an obvious and noticeable manner at a location closely proximate to any Product that is using the Software to record data (including media, videos, pictures, data, email addresses, SMS numbers, social media names, or any other digital data, in any form) that is captured via the Software;

3.  it shall use all reasonable efforts to keep the Product(s) in a secure environment and to prevent unauthorized access thereto, and agrees that OrcaVue will not be responsible for replacement of any data that is lost or damaged, or any downtime, that results from a failure by any of its users (whether or not an Authorized User) to provide adequate security for any Product; and,

4. it agrees that any breach of this Section II will cause substantial and irreparable damages to OrcaVue, and that in the event of any such breach, in addition to other remedies which may be available, OrcaVue shall have the right to seek specific performance and other injunctive and equitable relief and to have all of its costs and expenses, including reasonable attorney’s fees incurred in connection therewith, paid by the violating Customer.

III.  NOTICES

Any notice to be made by a Party under these Terms shall be made in writing and will be deemed to be delivered: (1) when actual in-person delivery of the notice to the Party to whom it is addressed takes place; (2) when actual delivery by private express mail company is made to the receiving Party’s place of business, with a signature required for acceptance; (3) five (5) days after deposit in the U.S. Postal Service as certified mail with signature required for delivery; or (4) by email when the receiving Party returns the complete contents of the notice, with acknowledgement of receipt, via a return email. All required notices hereunder (including notice of address change) shall be given in writing:

— To OrcaVue: OrcaVue, 7411 Livingston Road, Unit 204, Oxon Hill, MD 20745

— To Customer: At the address submitted on the Order.

IV.  CONFIDENTIALITY

In connection with these Terms, the Customer may receive from OrcaVue confidential or proprietary information not known to the public, which shall be marked “CONFIDENTIAL” (“Confidential Information”). The Customer agrees to maintain the confidentiality of such materials and not to disclose or use such Confidential Information except in performing its obligations under these Terms.

V. DISCLAIMERS, LIMITATIONS ON LIABILITY, AND INDEMNIFICATION

1.  Disclaimer of Liability. OrcaVue expressly disclaims liability arising out of:

a.  your failure or inability to operate or maintain a Product properly or as instructed by OrcaVue personnel or written instructions;

b.   damage to a Product that occurs after Delivery;

c.  your failure to properly monitor, supervise or instruct your employees, representatives, contractors, agents, Guests, or users during use of the Product or the provision of Services by OrcaVue; including instructing Authorized Users:

(1) to not twist, spin on or jump from any elevated portions of the Product;

(2) to be vigilant about the possibility of falling from elevated portions of the Product; and

(3) to maintain awareness of the location of any moving arms;

d. your use of the Product, or your allowing others to use (or failing to prevent others from using) the Product, in an unsafe manner or under unsafe circumstances, including situations where:

(1) the user of the Product may have impaired motor skills, vision, or judgment, such as resulting from drug or alcohol use or another physical or mental condition;

(2) you leave the Product unattended at any time;

(3) you fail to properly stabilize or secure Product (or other equipment such as a camera supplied by you to the arm of a 360° Video Booth), resulting in damages to any person or property; or

(4) you fail to watch the instructional video(s) or read written materials included with Delivery of an ordered Product before using it;

e.  your failure to secure serviced Products after the Services are finished;

f.  your delays in meeting any Service dates;

g. the servicing, maintenance or repairs, that were/are not provided by OrcaVue, of networks, facilities or equipment; or

h. your improper use of the intellectual property or your impingement of any other rights of an OrcaVue third-party licensor.

2.  Obligations of Parties Regarding Loss and Loss Prevention. OrcaVue and the Customer, as Parties to these Terms, are each obligated to take reasonable steps to prevent any person or property from incurring costs, liability, loss, expense, damages, injury, claim, suit, action or proceeding (including reasonable attorneys’ fees) (each a “Loss,” and collectively, “Losses“) resulting from anything that the Party itself does or does not do in carrying out these Terms. If a person or property sustains a Loss directly and it is wholly due to that person’s or a Party’s negligence, then the other Party is not responsible for indemnifying the negligent person or Party, and the negligent person or Party will be entirely liable for the Loss.

3.  Limitations on Liability. OrcaVue will not be liable to a Customer for any Loss unless the Loss is directly related to OrcaVue’s violation of its Representations and Warranties in these Terms or to the “Indemnification” provision immediately below, and even if the claim is so directly related, the maximum that OrcaVue can be liable for is the amount of money the Customer paid to OrcaVue for the Product or Service that is at issue.

4.  Indemnification.

a.  By Customer.  Customer hereby indemnifies and holds harmless OrcaVue from and against any and all Losses arising out of the use, possession, and/or operation of a Product beginning with Delivery to Customer, including injury, death, Product damage, fines or penalties resulting from the violation by Customer of any applicable law. Customer further agrees to take all necessary precautions to prevent injury to any persons or damage to property and shall indemnify and hold harmless OrcaVue against any Loss related to or resulting in any way from any act, omission or negligence of the Customer in its performance (or failure to perform) under these Terms, excepting only those Losses which are due solely and directly to OrcaVue’s gross negligence.  If OrcaVue permits a Licensee to use any of OrcaVue’s Products, tools or facilities, Licensee shall indemnify OrcaVue and it hold harmless from and against any Loss to person or property (including death) arising out of the use of any such Product, tool, or facility, excepting only those Losses which are caused solely by OrcaVue’s gross negligence.  Without limitation, Loss indemnified by the Customer under this Subsection 4.a. shall include those resulting from, related to or associated with any third-party claim, suit or proceeding brought against OrcaVue based on: (a) allegations that the Customer infringed on or improperly used a patent, copyright or trade secret of a third-party licensor to OrcaVue; (b) allegations arising from a Customer’s posts to the OrcaVue Site, any content a Customer provides, submits or makes available on or through the OrcaVue Site, or its unauthorized use of any content on the OrcaVue Site; (c) the Customer’s breach or failure to comply in any material respect with these Terms; (d) the Customer’s failure to pay any taxes to the proper governmental authorities; or (e) the Customer’s willful misconduct or gross negligence with respect to OrcaVue, any OrcaVue Product or Service, or any third party;

b.  By OrcaVue. OrcaVue hereby indemnifies and holds harmless the Customer from and against any Losses arising out of a third party’s allegation against the Customer alleging that OrcaVue has infringed or misappropriated any intellectual property rights, including copyright, trade secret and trademark rights, except those to which OrcaVue has a license or other right to use, which shall be an absolute defense to claims of infringement or misappropriation of such rights.  Under no circumstances does or will OrcaVue indemnify Customer or Customer’s Indemnified Parties from any other Losses of any kind whatsoever. OrcaVue has no responsibility or liability whatsoever for goods or services you may obtain from or through other websites or web pages, even if you were directed or linked to such a site or page through the OrcaVue Site.

c. Initiating Indemnification. An indemnified party (the “Indemnitee”) under this Subsection 4 will promptly provide notice to the indemnifying party (the “Indemnitor”) of the allegation, claim, suit or proceeding for which the indemnity is claimed (the “Action“) and will permit the Indemnitor to control the defense of such Action at its own expense if it so chooses. The Indemnitee agrees to provide reasonable assistance and cooperation to the Indemnitor at the Indemnitor’s request. The Indemnitor shall not enter into any settlement that imposes liability or obligations on the Indemnitee without the Indemnitee’s written consent.   The indemnification obligations in this Subsection 4 shall be subject to the Indemnitor: (1) receiving prompt written notice of the existence of the Action from the Indemnitee; (2) being able, at its option, to control the defense of such Action; (3) permitting the Indemnitee to participate in the defense of any Action; and (4) receiving full cooperation of the Indemnitee in the defense thereof.

VI.  DURATION AND TERMINATION OF THESE TERMS

1. Effectiveness of these Terms. These Terms become effective immediately upon your accessing the OrcaVue Site and will remain in full force and effect while you are accessing or using the OrcaVue Site  and throughout your commercial dealings with OrcaVue through any Order you place, even if your use of or participation in any particular purchase, rental, service, license, feature or function terminates, expires, ceases, is suspended or is deactivated for any reason; provided, however, that either you or OrcaVue can specifically terminate this Agreement at any time for any reason without liability or notice only in the manner set out in this Section VII.

2. Immediate Termination by OrcaVue.  OrcaVue may terminate these Terms or your License or suspend your use of either, effective immediately, if you: (a) give us materially false, fraudulent or invalid billing or contact information; (b) reverse or stop payment on your credit card transaction with us; or (c) declare bankruptcy, enter receivership, or have insolvency proceedings instituted against you. Upon such termination, OrcaVue will no longer be obligated to you under these Terms (or your License, as the case may be) and your account on the OrcaVue Site will no longer be accessible to you. Further, upon termination, you must cease immediately your Product rental or use of the OrcaVue Software.

3.  Immediate Termination by Customer. You may terminate your agreement to these Terms effective immediately if OrcaVue declares bankruptcy or enters receivership, or insolvency proceedings are instituted against OrcaVue.  Your ability to cancel an Order is governed by the Cancellation, Refund, Return, Shipping and Warranty Policy.

4. Termination with Notice.  A Party may terminate these Terms and any obligations it has toward the other Party hereunder (or rights the other Party may have had under the Terms) with thirty (30) days’ prior written notice if:

a. the other Party ceases to do business or otherwise terminates its business operations, except in circumstances that allow immediate termination under Subsection 1, 2 or 3 above or in connection with an assignment permitted under these Terms;

b.  the other Party fails to promptly secure or renew any license, registration, permit, authorization or approval for the conduct of its business that is required to maintain  that Party’s compliance with its the Representations and Warranties set out in Section I or II above, or if any such license, registration, permit, authorization or approval is revoked or suspended, provided that the failing Party may cure the failure within the 30-day notice period such that the issuance or renewal of the missing license or other document will cancel the termination notice;

c.  the other Party materially breaches or fails to comply with any material part of the Terms,  or in the case of the Customer only, its Licensing Agreement, Rental Agreement, or any terms of a Purchase Order with OrcaVue, including but not limited to failing to timely pay any amount due hereunder or under any other agreement between Customer and OrcaVue, provided that the breaching Party may cure the breach to the other Party’s reasonable satisfaction within 30 days after the termination notice, thereby cancelling the termination notice.  In the absence of such a cure by the Customer, OrcaVue will have the right to enter upon Customer’s premises and take possession of and remove any Product that is the subject of non-payment or other material breach. OrcaVue may execute such possession and removal without liability and without prejudice to its right to pursue any other remedies. OrcaVue will have the right, and Customer will take all necessary actions to allow OrcaVue, to enter any location where Product is being held or is in use, for the purpose of exercising OrcaVue’s rights hereunder. Failure by OrcaVue to enforce any remedy or make any election in a timely manner will not be deemed a waiver of any of its rights or remedies hereunder or under applicable law; or

d.  OrcaVue undergoes a change in control (e.g., the sale of 51% or more of the controlling ownership of the company or the sale of all of its assets), and its new controlling party elects to terminate the Terms by providing at least six (6) months’ prior written notice to the Customer and agreeing to relieve the other Customer of all obligations beyond the elected date of termination (or earlier by mutual written agreement).

5.  Effect of Termination. In addition to any other right or obligation set forth in these Terms that by its express terms survives termination hereof, the Parties hereby agree that any termination shall not relieve either Party from rights and obligations that have accrued before the termination, including but not limited to payment of any amounts due hereunder, and shall have no bearing on each Party’s other customer contracts in effect.

VIII.  GOVERNING LAW AND DISPUTE RESOLUTION.

These Terms and your use of the OrcaVue Site and OrcaVue Products shall be governed by, construed, and interpreted under the laws of the State of Maryland without regard to its conflicts of laws rules. Any action, dispute, controversy or claim arising out of or relating to these Terms will be brought exclusively in the United States federal courts for the District of Maryland or the state courts in Montgomery County, Maryland. and for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the U.S. Federal Courts or state courts situated in the State of Maryland. You agree that you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act and/or the United Nations Convention on Contracts for the International Sale of Goods.

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

IX.  OTHER LEGAL PROVISIONS

1.  Assignment; Successors and Assigns. Neither Party may assign these Terms or any rights or obligations hereunder without the prior written consent of the other Party, with the exception of the situation described in Section VII.4.d. regarding OrcaVue’s change in control. These Terms will be binding upon and inure to the benefit of the successors and assigns of the Parties.

2.  No Relationship Between Parties. Customer and OrcaVue are independent contractors, and nothing in these Terms shall be construed as placing the Parties in any formal relationship other than contractual. Neither Party shall be considered to be an employee or independent contractor of the other Party. The Parties do not intend to create a joint venture, partnership or any other type of legally binding relationship outside of the commercial transaction described in these Terms.

3.  Waiver. No waiver of any part of these Terms shall be effective unless made in writing, nor shall it constitute a waiver of any right hereunder or any subsequent breach of the same or another part hereof. A Party’s failure to enforce any part of these Terms shall not be deemed a waiver of future enforcement of that or any other part.

4. Remedies. Notwithstanding any claim that a sole or exclusive remedy which is provided in these Terms may or does fail its essential purpose, you specifically acknowledge and agree that (a) your sole and exclusive remedy for any loss or damage shall be as set forth in these Terms and in no instance will exceed the actual monies paid by you for the Product or License involved and (b) we will delete your Personal Data from our records only upon your specific written request to do so. You further understand and acknowledge the capacity of the OrcaVue Site, in the aggregate and for each user, is limited.  Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies; accordingly, some of the exclusions and limitations described in this Agreement may not apply to you. To the extent permitted by law, the Parties’ respective rights and remedies provided herein are cumulative and in addition to any other rights and remedies at law or equity.

5.  Severability. If any part of these Terms is held to be invalid, illegal or unenforceable, such part will be severed and the other parts of these Terms shall remain in full force and effect.  Any provision which must survive in order to allow the enforcement of the Terms’ intent and meaning shall survive termination of this Agreement; provided, however, that no Action arising out of this Agreement or your use of the OrcaVue Site, regardless of the form or basis of the Action, may be brought by you more than one year after the cause of action has arisen (or if there are multiple causes, from the date the first such cause of action arose).

6. Modifications.  We reserve the right, at any time and for any reason in our sole discretion, to change these Terms without liability or obligation to you, with or without notice. We may post or display notices of material changes on the OrcaVue Site, and once posted, the changes become effective immediately. It is your responsibility to review the OrcaVue Site and these Terms periodically and to be aware of any modifications or revisions. If you use the OrcaVue Site after such a change, it will signify your agreement to be bound by the changes.

7.  Force Majeure. OrcaVue and Customer will be excused from any default in their obligations hereunder, other than the payment of money due, resulting from any act or event beyond their reasonable control or responsibility, including acts of God, accident, fire, flood, storm, riot, war, sabotage, explosion, strike, lockout, labor disturbance, national defense requirement, governmental action, national pandemic or other declared national state of emergency, law, ordinance, rule or regulation, whether valid or invalid, inability to obtain or curtailment of electricity, labor, component products or transportation, failure of normal sources of supply, or any similar or different contingency that would make performance or timely performance commercially impracticable. The Party relying on any of these events of force majeure must give the other notice thereof promptly after it becomes known to the former. If any of these events of force majeure exceed sixty (60) continuous or cumulative days within a quarter, then either Party may, as its sole remedy, cancel by written notice any outstanding Orders to the extent not yet fulfilled. Neither Party will be liable for damages resulting from such cancellation.

8.  Interpretations. Section and paragraph headings in these Terms are for reference only; they shall not be used in interpreting these Terms or any of its provisions or be deemed to limit or otherwise affect any of the provisions hereof. Where a reference is made to a Section or Subsection, such reference shall be to a Section or Subsection of these Terms. Whenever the words “include,” “includes,” or “including” are used in these Terms, they shall be deemed to be followed by the words “without limitation.” The definitions of terms herein shall apply equally to the singular and plural forms of the terms defined. The words “hereof,” “herein,” “hereby,” “hereto,” and “hereunder” and words of similar import shall refer to these Terms as a whole and not to any particular provision of these Terms. References to “these Terms” shall include any and all of a Customer’s Orders, Licenses, Rentals, Services, and their related documents, invoices or account statements.  Where text requires, words in the singular shall be deemed to include the plural and vice versa, and words of any gender shall be deemed to include all genders. The word “and” shall include the word “or” and vice versa. The word “including” shall mean “including without limitation.”

9. Entire Agreement.  These Terms (comprising Sections I through XXXII, inclusive), along with any and all Orders, Equipment and Software specifications, instructions and accompanying documents, all of which are hereby incorporated herein by this reference, contains  the entire understanding and agreement of and between the Parties with respect to the subject matter hereof and supersedes all prior agreements and other undertakings among the Parties with regard to the matters covered herein.

Last Update: February 2025

WEBSITE USAGE

(Sections X-XXIV)

X.  WEBSITE USAGE – GENERAL

Your agreement to comply with these Terms takes effect effective immediately upon your accessing the OrcaVue Site.  These Terms will apply when and for as long as you access and use the OrcaVue Site, even if your use of the Site or any particular rental, service, license, feature or function ends or is suspended or deactivated for any reason. 

The words “use” or “using” in this Agreement means any time an individual (a “user“) directly or indirectly uses or attempts to use the OrcaVue Site, receives data from the OrcaVue Site, or in any way utilizes or interacts with any function, service or feature of the OrcaVue Site for any purpose.

XI.  AGE REQUIREMENT

The OrcaVue Site is intended only for users who are at least 18 years of age. If you are not at least 18 years old, you must have a parent or guardian’s permission to view or use the OrcaVue Site. If your use of the OrcaVue Site is prohibited or restricted in any way by the law or other requirements of the jurisdiction where you reside, or if you do not agree with all of the terms and conditions contained in these Terms, please stop using the OrcaVue Site immediately. BY ACCESSING THE ORCAVUE SITE: (1) YOU CERTIFY THAT YOU ARE AT LEAST 18 YEARS OF AGE OR HAVE A PARENT’S OR GUARDIAN’S PERMISSION TO ACCESS THE ORCAVUE SITE; (2) IF YOU ARE ENTERING THIS AGREEMENT ON BEHALF OF A COMPANY, GROUP OR OTHER ENTITY, YOU REPRESENT THAT YOU ARE AUTHORIZED TO DO SO AND TO BIND SUCH COMPANY, GROUP OR ENTITY TO THIS AGREEMENT; AND (3) YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.

XII.  USERS OF THE ORCAVUE SITE

Users who access the OrcaVue Site can be categorized as follows:

Visitors – Some Content on the OrcaVue Site is available to the general public without the need to register on the Site, and such members of the public (“Visitors”) may visit and browse this Content without charge or obligation. 

Registered Users – In order to access and use certain services, features or functions of the OrcaVue Site (such as ordering and paying for our Products), we may require users to register and select a unique User ID and password (or we may assign an initial password giving you the option to change it later). When you complete this process, you become a “Registered User.” 

Customers – If you complete a purchase of Products or enter into a rental agreement (a “Rental Agreement”) via the OrcaVue Site, you become a “Customer,” and we will require your name, mailing address and e-mail address (and sometimes other personally identifiable information as needed) to follow up on or carry out your Order or answer your questions.  

Licensees – If you utilize the OrcaVue Site to enter into a licensing agreement (a “Licensing Agreement”) for OrcaVue software (the “Software,” which is expressly included in the termm “Products” and is defined as the proprietary software of OrcaVue and its licensors that includes customized web and mobile applications, as well as the related server-based platform, and any services, instructions, user’s guides, or other items provided to you by OrcaVue under these Terms), and OrcaVue agrees to such an arrangement, you become a “Licensee.” Any additional information we collect from you will be for purposes of best and most efficiently serving you during the term of your license (your “License”).

If you create a User ID and password, you are responsible for safeguarding your User ID and password and you agree not to disclose it to any third party. You may not allow any other person(s) to use your User ID. You bear responsibility for all actions taken under your User ID and Password.  We are not liable for any harm caused by or related to the theft, misappropriation or disclosure of your User ID or your authorization of anyone else to use your User ID. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your User ID or if you have any other need to deactivate your User ID due to security concerns.

By registering on the OrcaVue Site, you agree to receive electronic communications from us, including announcements of new products or services, notices about your purchases or rentals, information regarding your invoice or payments, warnings of any data security breach, or temporary suspension of services. Please read our Privacy Policy, which describes the non-public, private data (a.k.a., “personally identifiable information”) that we collect, use, disclose, manage and store. 

XIII.  OWNERSHIP AND PROPRIETARY RIGHTS

1.   Content.  The OrcaVue Site, including all content, media and materials, software, code, design, text, images, photographs, illustrations, audio and video material, media  files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, trademarks, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the OrcaVue Site, including the selection, sequence, “look and feel” and arrangement of items, and all derivative works, translations, adaptations or variations of the same, regardless of the medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, in black-and-white or in colors, alone or in conjunction with other works, characters, real or imaginary, in any part of the world (all of the foregoing is referred to herein as “Content“) are the property of OrcaVue and its authorized partners, licensors, suppliers, service providers, promotional partners, and/or sponsors. All Content on the OrcaVue Site is legally protected, including under U.S. federal and state laws, as well as applicable foreign laws, regulations and treaties. As such, you should assume that all Content contained in the OrcaVue Site is either the copyrighted property of OrcaVue or of third parties. OrcaVue retains ownership of all right, title and interest in the OrcaVue Site and its Content. All rights not expressly granted herein are reserved.

2.  Intellectual Property. 

a. Marks.  The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (collectively “Marks“) on or of the OrcaVue Site, including Products’ brands, names and logos (such as “OrcaVue” and “StudioVue”) and or stylized logos are the trademarks and intellectual property of and proprietary to OrcaVue.  You have no right to use any of these Marks or any confusingly similar marks for any purpose without the express prior written consent of OrcaVue. In some cases, OrcaVue’s rights with respect to a third party’s intellectual property (e.g., a product name or the product itself) are subject to licensing agreements between OrcaVue and the owner of that name or product, and in such cases, OrcaVue is not responsible for, and will not indemnify you for, your unauthorized use of the third-party owner’s intellectual property in any manner, time or place.

b. Comments.  If you choose to submit to OrcaVue a message, inquiry, comment, suggestion, feedback, or other communication (collectively, “Comments”) through the OrcaVue Site (including through any “Contact Us” or “Request a Quote” buttons), then you agree that you hereby assign, transfer and convey to OrcaVue all right, title and interest in and to all intellectual property rights in your Comments, all contract and licensing rights, and all claims and causes of action with respect to any of the foregoing. You represent and warrant that you are the sole owner of any intellectual property rights in your Comments, that you have full and exclusive rights to convey the entire interest in your Comments, and your Comments do not infringe any intellectual property right of another or violate any applicable privacy laws. You agree to cooperate with and assist OrcaVue, at OrcaVue’s expense, in obtaining, keeping, and enforcing to the fullest extent all right, title and interest conveyed in your Comments.

XIV.  LIMITED-USE LICENSE AND CONDITIONS OF USE

1. License For Use of Website. We authorize you to access Content and grant you the limited, revocable right and license to use the OrcaVue Site solely for your non-commercial, non-exclusive, non-assignable, non-sublicensable, non-transferable and limited personal or internal business use and for no other purpose whatsoever. You may not alter, delete or conceal any copyright or other legal notices contained on the OrcaVue Site, including notices on any Content you display, print or reproduce from the OrcaVue Site. Unless we explicitly and specifically authorize you otherwise in writing, you cannot (and cannot allow any third party, whether or not for your benefit) to reproduce, modify, create derivative works from, display, publish, distribute, sell, disseminate, broadcast or circulate to any third party (including without limitation on or via a third-party website), reverse engineer, or otherwise use any Content.  This limited license does not include any resale or commercial use of the OrcaVue Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the OrcaVue Site or its Content; any downloading or copying of membership information for the benefit of another merchant; or any use of data mining, Web scraper, spider, robots, or similar data gathering and extraction tools.  You may not frame or utilize framing techniques to enclose any Marks or Content (including page layout or form) on the OrcaVue Site without our express written consent. You may not use any meta-tags or any other “hidden text” utilizing OrcaVue’s Marks without our express written consent. Any violation of this Section XIV.1. or other unauthorized use of the OrcaVue Site terminates the authorization and limited license granted herein by OrcaVue.

2. Conditions of Use. As an express condition of your use of the OrcaVue Site and your purchase/rental order or licensing request, you warrant to us that:

a.  you will not use the OrcaVue Site or Products for any unlawful purpose or any purpose prohibited by this Agreement, any purchase or rental order, Licensing Agreement, or the laws or regulations in the jurisdiction in which you reside;

b.  you will not share your User ID or Password with others; and

c. you will not use the OrcaVue Site or Products to offer a competitive product(s) for sale, rental or licensing. 

If you violate any of these restrictions, OrcaVue may, in additional to all other rights it has hereunder and at law and equity, immediately terminate these Terms and any other agreement or contract with you without notice or liability. The Company reserves the right to refuse to sell or rent Products or license software to anyone for any reason at any time. OrcaVue makes no representation that any Content is legal or appropriate for use outside of the United States or that it is authorized for export from the United States or for import into any foreign country. 

XV.  E-COMMERCE ON OUR SITE

The OrcaVue Site offers various Products for sale, rental or licensing and may direct or link to other websites that sell goods and services.  For more information about the commercial portion of these Terms, see our Commerce Policy.

XVI.  INTELLECTUAL PROPERTY COMPLIANCE POLICY

We respect the intellectual property of others, and we ask you to do the same. Accordingly, OrcaVue has adopted the following Intellectual Property Compliance Policy. If you or any user of the OrcaVue Site believes its copyright, Marks or other property rights (“IP Rights”) have been infringed by or on the OrcaVue Site, the claimed IP Rights owner (for purposes of this Section XVI, the “Complaining Party”) should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

1. A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
2. Identification of the IP Rights claimed to have been infringed;
3. Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;
4. Identification of the material that is claimed to be infringing or to be subject to infringing activity on the Complaining Party’s IP Rights that is to be removed and information reasonably sufficient to permit us to locate such materials;
5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive IP Right that is allegedly infringed.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c), our Designated Agent for notice of claims of IP Rights infringement can be reached as indicated below.

Designated Agent for Claimed Infringement:

Vue Events / OrcaVue
Attn: Copyright Agent
7411 Livingston Road, Unit 204
Oxon Hill, Maryland 20745

Phone: 301-812-3800
Email: info@orcavue.com

Upon receiving such notice, we will act expeditiously to review and if necessary remove content on the OrcaVue Site that infringes the copyright rights of others and will disable the access to the OrcaVue Site and its services of anyone who uses them to infringe repeatedly the intellectual property rights of others. Any such removal will be without liability to you or any other party (unless you are the party complained of), and the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA. 

XVII.  THIRD PARTIES

1. Use of Third Parties to Provide Services. OrcaVue may use third parties to support the OrcaVue Site and its operations and the Products, including for web-hosting, credit card and signature processing, technical updates, supplies for Products, and delivery of orders. By using the OrcaVue Site, you consent to OrcaVue sharing your account data with those third parties to the extent necessary to enable such third-party support. When you place an order to purchase or rent a Product, that Product will be delivered to the address designated by you as the purchaser/renter. All purchases from the OrcaVue Site are made either by OrcaVue or pursuant to a delivery (common carrier) contract. As a result, risk of loss and title for Products purchased from the OrcaVue Site pass to you upon delivery of the ordered Product(s) to a third-party carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.]

2. Links to Third Party Sites, Etc.; No Liability. In addition to the third party service providers referred to in Section XVII.1, the OrcaVue Site may, in making our Products available to you under these Terms, provide or utilize links to third-party websites (including those of third party services licensed or used by OrcaVue) or other resources that could be of interest to our users, including the websites of advertisers (collectively “Third-Party Websites”). You understand, acknowledge, and agree that these links are provided solely as a convenience to you and not as an endorsement by OrcaVue of the content, advertising or business practices (including the privacy policies) of such Third-Party Websites, whether or not OrcaVue’s logo or sponsorship identification is on the Third-Party Website, and whether or not such site conducts “framing” (which allows a user to access several web pages or websites while still viewing a header or border from the OrcaVue Site). These Third-Party Websites may have different privacy policies and business practices than we do. OrcaVue does not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality or completeness of the content or activities conducted on such Third-Party Websites.

3.  No Liability.  You understand and agree that OrcaVue will not, under any circumstances, be responsible or liable, directly or indirectly, for any Loss caused or alleged to have been caused by or in connection with your use of or reliance on the content, advertising or business practices of linked Third-Party Websites or with products or services you may obtain from or through other websites or web pages, even if you were directed or linked to such a site or page through the OrcaVue Site. If you decide to access and use a linked Third-Party Website, you understand, acknowledge, and agree that you do so entirely at your own risk. You agree that your sole and exclusive remedy for defective products from Third-Party Websites lies with the specific manufacturer, licensor or distributor of those products and not with OrcaVue.  If any Third-Party Website obtains or collects personally identifiable information from you, in no event shall we assume or have any responsibility or liability therefor. Please read our Privacy Policy, which describes how we collect, store and use your personally identifiable information. 

4. Promotions. From time to time, OrcaVue may conduct promotions on or through the OrcaVue Site, including auctions, contests, and sweepstakes (each, a “Promotion“). Each Promotion may have additional terms and/or rules which will be posted on the OrcaVue Site or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of these Terms.

XVIII.  ACCURACY OF INFORMATION & PRODUCT DESCRIPTIONS

We try to assure the accuracy of all information displayed on the OrcaVue Site, but it is possible that the information contains errors, inaccuracies, or omissions. In particular, with respect to Product information, we have tried to accurately post such information, but despite our best efforts, some such information may contain errors. We are not liable for any harm caused or related to any such errors.  With respect to Products offered for sale, rent or licensing on the OrcaVue Site, we have tried to accurately display colors, but depending on the specifications and settings of your computer and its monitor, the colors you see on the OrcaVue Site might not accurately depict the actual colors of the Product. Certain weights, measures, and similar descriptions are approximate and are provided for convenience only. In addition, due to typical and common manufacturing inconsistencies, Product weights and measurements can vary slightly from the specific information set forth on the OrcaVue Site. Minor Product variations in color, weights, and measurements will not result in Products being deemed defective.  OrcaVue is not responsible for nor bound by pricing errors on the OrcaVue Site.

XIX.  EMAIL

Email is an important communications channel for OrcaVue. All email sent to us should be generated by the person in whose name the email account is registered. Email users shall not mask their identity by using a false name or another person’s name or account. We will use your email address and the content of any email for administrative and correspondence purposes and to send you information that you may request. Please see our Privacy Policy for more details.

XX.  WEB COMMUNITIES, FORUMS, AND POSTINGS

1.  The OrcaVue Site may contain forum services, Web communities, and other message and communication facilities (each a “Community,” and collectively, the “Communities”) that may provide you and other users an opportunity to submit, upload, post, display, transmit and/or exchange information, ideas, opinions, files, and other content with other users and/or with us; these are referred to herein as “Posts” (and submitting a Post as “Posting“). Posts do not necessarily reflect the views of OrcaVue and we do not represent or guarantee the truthfulness, accuracy, timeliness or reliability of user Posts. YOUR USE OF THE COMMUNITIES IS SOLELY AT YOUR OWN RISK.

2. See our Privacy Policy regarding the public nature of Posts.  Communities are public and not private and you should assume your Posts may be read by others. Although a particular Community may have a policy of limited membership or access, OrcaVue shall have no liability if unauthorized persons obtain access to a restricted Community. You should not disclose or make available your personal information in any Post or in any Community. This means that you, and not OrcaVue or the OrcaVue Site, are entirely responsible for the consequences of all posts on the OrcaVue Site originating from your User ID.  

3. OrcaVue reserves the right at all times (but does not have the obligation) to edit, refuse to post, or to remove any Post, in whole or part, for any reason or for no reason.  We reserve the right, at any time and without limiting any other rights we may have under these Terms, to: (a) refuse to allow you to Post; (b) remove and delete Posts; (c) revoke your right to use the Communities and the OrcaVue Site; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of these Terms, including blocking specific IP addresses or deactivating your registration on the OrcaVue Site and/or the Communities.  

4.  The amount of storage space per user on the OrcaVue Site is limited and some Posts may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Posts or any failure to store, receive or deliver Posts in a timely manner or at all or as to any other matter relating to Posts.

5. Posting is for noncommercial purposes only, and you may not Post in any manner that does or is intended to promote or generate revenue for any business enterprise or commercial activity.

6. If you believe that any content on the OrcaVue Site (including any Posts) violates these Terms, please notify us at the following address:

Vue Events / OrcaVue
7411 Livingston Road, #204
Oxon Hill, Maryland 20745

Phone: 301-812-3800
Email: info@orcavue.com

While we will use commercially reasonable diligence to respond to your message, we cannot guarantee a response and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

XXI.  RULES OF CONDUCT

1. Use and Prohibitions. Your use of the OrcaVue Site is subject to all applicable local, state, national laws and regulations (and, in some cases, international treaties). You are solely responsible for all activities, acts and omissions that occur in, from, through or under your User ID. You agree that you shall not use or allow others to use the OrcaVue Site in any manner that attempts to, or is likely to:

a. be (or seem to a reasonable person to be) libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or suggestive, racially, culturally, or ethnically offensive, harassing, intimidating, threatening, hateful, discriminatory, or abusive, or which may, or may appear to, impersonate anyone else;

b. affect us adversely or reflect negatively on us, the OrcaVue Site, our goodwill, name or reputation, or cause duress, distress or discomfort to us or anyone else, or discourage any person or entity from using all or any portion, features or functions of the OrcaVue Site, or from advertising, linking or becoming a supplier to us;

c. send or participate in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and/or “phishing”;

d. be used for commercial or business purposes, including advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;

e. transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs, material or information;

f. forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;

g. violate any law, regulation, judicial or governmental order, or treaty or violate or infringe upon any intellectual property right, right of publicity or privacy, or any other rights of ours or of any other person or entity;

g. gain unauthorized access to the OrcaVue Site, other users’ accounts, names, User IDs, Personal Information (as defined in the Privacy Policy) or other computers, websites or web pages connected or linked to the OrcaVue Site or to use the OrcaVue Site in any manner which violates or is inconsistent with the terms and conditions of these Terms;

i. modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the OrcaVue Site or the rights or use and enjoyment of the OrcaVue Site by any other person or entity; or

j. collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person or entity, in connection with their or your use of the OrcaVue Site, unless you have obtained the express prior permission of such other person or entity to do so.

2. Posts to the OrcaVue Website. If a Post originates from you or your User ID, you acknowledge that represent and warrant that:

a. the Post is original to you or fully cleared for use as contemplated herein;

b. the Post does not and will not, in any way, violate or breach any of the terms of these Terms;

c. if your Post incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you have the right and authority to place such Post in the public domain, and you grant OrcaVue and its affiliates the right to use such Post as described above; and

d. OrcaVue’s  use or exploitation of the Post will not be result in OrcaVue being required to pay or incur any sums to any person or entity.

XXII.  WARRANTIES REGARDING WEBSITE

1. Warranties Regarding Website. OrcaVue warrants to Customers and Licensees that (a) the OrcaVue Site will be provided via an infrastructure that conforms to commercially reasonable security practices, and (b) the Products or Software offered for sale, rental or licensure on the OrcaVue Site are covered by our limited warranty and is subject to the disclaimers and limitations of liability set forth in these Terms.  Without limiting the foregoing, OrcaVue is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the OrcaVue Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the OrcaVue Site.

2. Third-Party Warranties. Any third-party services licensed or used by OrcaVue and provided or utilized in making the Products available to you under these Terms (“Third-Party Services”) are subject to warranties contained in these Terms only to the extent that such third-party licensor or manufacturer’s license or agreement with OrcaVue allows such warranty(ies) to be conveyed to you. To the extent permitted by law, OrcaVue disclaims all liability for any damages arising from your use of Third-Party Services.

XXIII.  ADS AND MALWARE

We take great care and pride in creating and maintaining the OrcaVue Site. We constantly watch for technical glitches that affect how the OrcaVue Site works, and when we find them, we fix them. Your computer may cause some glitches that affect how you see the OrcaVue Site and that is totally beyond our control. In addition, the use of our OrcaVue Site depends on a third-party network and internet providers that are outside of OrcaVue’s control. You agree that the processing and transmission of orders or messages through the OrcaVue Site may involve transmissions over various networks and unencrypted transfer to a network or device. You acknowledge that third-party networks or devices may change their technical requirements, interfering with the operation of the OrcaVue Site.  If you experience any unusual behavior, content or ads on the OrcaVue Site, it may be the result of “Malware” on your computer. “Malware” — short for MALicious softWARE — is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission.  If you do discover any Malware on your system, we suggest you speak with a qualified computer technician.

XXIV.  INTERNATIONAL USE

Although the OrcaVue Site may be accessible worldwide, we make no representation that materials thereon are lawful, appropriate or available for use in locations outside the United States of America and accessing the OrcaVue Site from territories where its content is illegal is prohibited. Those who choose to access the OrcaVue Site from outside the United States do so on their own initiative and are solely responsible for compliance with all local laws. You acknowledge that if you access the OrcaVue Site from outside the United States, the laws on advertising, data privacy, content restrictions, and other pertinent topics may be different in that country (or location) from those in the United States under which the OrcaVue Site is compliant. Any offer for any Product, service, and/or information made in connection with the OrcaVue Site is void where prohibited.

Last Update: February 2025

COMMERCE POLICY

(Sections XXV-XXIX)

XXV.   PURCHASE, RENTAL AND LICENSING OF PRODUCTS OR SERVICES – GENERAL.

1. Ordering Products or Services.  The OrcaVue Site offers Products for sale, rental or licensing.   To purchase, rent or license Products through the OrcaVue Site, you represent and warrant that:  (a)  you are at least 18 years old; (b) if ordering for a company, group or other entity, you have the authority to do so on behalf of that company, group or entity; and (c) you have the proper authority or permission to use the credit card or other form of payment with which you are placing your order. Products are subject to availability and we reserve the right at any time to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. The inclusion of any Products on the OrcaVue Site at a particular time does not imply or warrant that these Products will be available at all times.  All Orders you place for Products from OrcaVue are subject to acceptance by OrcaVue and to product or service availability. Note that some Products may be purchased, licensed, or otherwise included as part of other Products (e.g., a software license included with an OrcaVue 360 Video Booth) and may be provided at no cost.

2. Prices.  All Product prices are shown in U.S. dollars and are valid and effective for all Products ordered through the OrcaVue Site on the day they are ordered. OrcaVue does not offer a price guarantee or price matching. You acknowledge that OrcaVue may change its Products, fees and/or fee structures from time to time at its sole discretion. The OrcaVue Site will be updated as quickly as commercially reasonable to reflect any such changes. If you are a Licensee of OrcaVue Software, any pricing increases that may be enacted during the course of your one-year license will not impact that year. 

3. Taxes.

a.  You are responsible for all taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use, personal property, or withholding taxes, customs fees, import duties, and any other taxes or duties (including penalties and interest imposed by any U.S. federal, state or local government entity or assessable by any local, state, provincial, federal or foreign jurisdiction) (collectively “Taxes“), imposed on the sale, use or licensing of Products, and applicable Taxes will be added to the amount charged for Products purchased on the OrcaVue Site.

b.  The total amount due on your order (“Order“) includes Taxes applied to purchases in accordance with applicable state and local regulations based on your shipping address. The applicable sales tax amount is indicated (if you order online) on the payment page of the online cart; if you order offline, it will be shown on your Confirmation issued under Section XXV.5 below.

c.  If your state does not allow OrcaVue to include Taxes in your price or fee, you agree that you are responsible for paying all Taxes associated with your purchase or licensing. If OrcaVue has the legal obligation to pay Taxes for which you are responsible under this section, you agree to pay those amounts as invoiced within ninety (90) days of the date the Taxes were originally due. OrcaVue is not responsible for any late fees or penalties accrued by the Customer for failure to pay Taxes or for underpayment of Taxes.

4. Payment.  Unless other payment terms are expressly set forth in the Confirmation (defined in Section XXV.5 below) or separately in writing signed by OrcaVue, the purchase price or License fee (the “License Fee“) applicable to your Order must be paid in full before we will fulfill the Order.  If you place an Order through the OrcaVue Site, you will be asked to pay by credit card at the end of the ordering process. If you place an Order other than on our Website, your Confirmation will include instructions to make full payment. All orders must obtain pre-approval with an acceptable method of payment, as established by our credit and authorization policies and practices in effect at the time of your Order. We or our payment processing agent may contact you and require additional information from you before such pre-approval is granted. You agree that OrcaVue may charge your credit card for all prices or fees due on your Order.  You agree that your purchase or rental of our Products or your license for Software will be subject to your payment of any applicable prices and fees. If you are a Licensee, you must renew your License annually in order to continue using the licensed Software.  Note that there are no refunds for any amounts you pay, including as a deposit, except as expressly set out herein.

5.  Confirmation.  Your Order for any Product will be followed by an order confirmation in the form of an invoice or acknowledgement (a “Confirmation”) signifying OrcaVue’s acceptance of your Order.  Our creation or transmission of a Confirmation neither signifies acceptance of your Order nor constitutes a binding confirmation of an offer to sell, rent or license any Product, and we reserve the right to accept or decline your order for any reason up until the time the Product is actually delivered to you.

6.  No Re-sale/Re-rental.  Products on the OrcaVue Site are offered for sale or rent and not for re-sale or re-rental.

XXVI.  PURCHASES

1. Shipping and Delivery.  See Cancellation, Refund, Return, Shipping and Warranty Policy.

2.  Shipping/Delivery Times.  See Cancellation, Refund, Return, Shipping and Warranty Policy.

3.  Cancellations Before or After Delivery. See Cancellation, Refund, Return, Shipping and Warranty Policy.

4.  Return/Repair of Items Damaged in Shipping. See Cancellation, Refund, Return, Shipping and Warranty Policy.

XXVII – LICENSING

1.  License. Subject to these Terms (and to your Order for a License), OrcaVue grants to the Licensee and you hereby accept the License as a limited, non-exclusive, non-transferable license to use the applicable Software provided by us (or others through us) for the designated period (the “License Term”). Software Licenses offered as part of a package commence on the date that the associated Product is Delivered.

2.  Proprietary Rights and Intellectual Property 

a.  Ownership and Rights. OrcaVue and/or its own third-party licensors are the owners of all right, title, and interest (including copyright and other intellectual property rights or informational rights) in and to the Software, its accompanying instructions, other related documents, and all legally protectable elements or derivative works thereof. OrcaVue retains all interest to software, modifications, improvements, upgrades, derivative works and all other intellectual property rights incorporated in or used by the Software. No right, title, or interest in the Software or any part thereof (including but not limited to intellectual property, websites, or internet domain name registrations, that are or have been applied for, owned, used or claimed now or in the future by OrcaVue, its Affiliates or licensors) will be deemed to be transferred or assigned to Licensee or any User or Guest, including by virtue of these Terms or Licensee’s use of or access to Software.  The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (collectively “Marks“) on or of the OrcaVue Site, including Products’ brands, names and logos (such as “OrcaVue” and “StudioVue,” among others) and/or stylized logos are the trademarks and intellectual property of and proprietary to OrcaVue and/or any third-party licensors of such marks that OrcaVue has been granted a license to use.  You have no right to use any of these Marks or any confusingly similar marks for any purpose without the express prior written consent of OrcaVue )and/or its third-party licensor, as the case may be). In some cases, OrcaVue’s rights with respect to a third party’s intellectual property (e.g., a product name or the product itself) are subject to licensing agreements between OrcaVue and the owner of that name or product, and in such cases, OrcaVue is not responsible for, and will not indemnify you for, your unauthorized use of the third party’s intellectual property in any manner, time or place.

b. Modifications by OrcaVue. OrcaVue reserves the right to modify, update or change the Software at any time in its complete discretion. All Licenses are subject to the terms and conditions placed on them by the original licensor (whether or not that licensor is OrcaVue).

c.  Feedback. Your comments and suggestions about the Software are welcome, but please note that by making such comments or suggestions, you do not own any rights to or interests in any improvements or modifications that are made. OrcaVue (and/or its licensors) shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into its Software any suggestions, enhancements or other feedback (“Feedback”) that you provide.

d.  Notices. OrcaVue and/or its licensors may place copyright and/or proprietary notices, including hypertext links, within the Software indicating their proprietary interests therein. You may not alter or remove such notices without OrcaVue’s (and/or its licensor’s) written consent.

e.  Parties’ Respective Proprietary Rights. Nothing in these Terms is intended to give either Party ownership or unfettered usage rights (“Proprietary Rights”) in or to the other Party’s logos or trademarks. Each Party agrees to use only the trademark, logo and trade names designated and authorized by the other Party pursuant to these Terms. Upon termination of these Terms for any reason or upon request by a Party, the other Party shall immediately discontinue the use of the requesting Party’s owned or licensed Proprietary Rights.

3.  Licensing Fee and Taxes.  Each License Term will automatically renew at the end of its one-year period unless you notify us otherwise in writing before the auto-renewal date. Upon auto-renewal for a new term, we will charge you the undiscounted price then in effect (which may have changed since the previous License Term) plus tax. If you would like to opt out of the automatic renewal, please check the appropriate box when you accept these Terms. No refunds are issued on License Fees once they are paid.  Upon expiration of a License Term, OrcaVue reserves the right to delete all accompanying data and photos within thirty (30) days. Typically, SMS charges are granted to Licensees at no cost, but we reserve the right to charge for excessive SMS use by the Customer.

4.  Licensor’s Warranties. In order to obtain a License, you agree and warrant that you:

a. will not try to “reverse engineer,” duplicate or copy the Software. If you do, it may cause substantial damages to OrcaVue that we could file a legal action against you to recover;

b. agree to keep your user ID, passwords, account number, and such other sensitive information confidential, and agree to be responsible for all Guests and Users maintaining the confidentiality of your user ID, passwords, account number, and other system access information provided by OrcaVue;

c. take responsibility for making sure that your hardware and system software (including any interfaces) are compatible with the Software, and agree that OrcaVue is not responsible for any damages caused by your failure to do so;

d. will do your best to keep the Software in a secure environment where it is protected and unauthorized people cannot access, delete, change, misuse, or otherwise cause damage to it; and

e. will abide by all of the requirements set out in these Terms.

Licensee’s violation of this Section XXVII at any time will give OrcaVue the right to terminate the License and end Licensee’s access to the Software.

XXVIII.  SERVICES

Subject to these Terms (and, if applicable, to your Order from the OrcaVue Website), you may order Services from OrcaVue such as non-warrantied repair on Products or support for Software or event management. Services are offered only on OrcaVue-branded Products (including Licensed Software) and not on any other manufacturer’s equipment or products. On some occasions, it may be necessary or desirable for the OrcaVue personnel providing the Services at the Customer’s location to add on, with the Customer’s signed approval, other Services or parts that were not listed in the Order. In such a case, all amounts owed by the Customer for the additional Services or parts must be paid at the time they are provided.

OrcaVue will use reasonable efforts to make the Services available on the requested date/time stated on the Order filled out by the Customer, provided however, that if OrcaVue determines that the Customer’s location is not serviceable by OrcaVue, OrcaVue shall communicate this to the Customer as soon as possible and may terminate the Order for Services.

Orders for Services that are cancelled less than 96 hours (i.e., four days) before their Scheduled Service Date are subject to a cancellation fee equal to 20% of the Services fee set forth on the Confirmation. For these purposes, “Scheduled Service Date” means the scheduled date on which OrcaVue has agreed to provide the Services to the Customer.

XXIX.  USE AND MIS-USE OF PRODUCTS

Please read carefully the OrcaVue Cancellation, Refund, Returns, Shipment and Warranty Policy. 

 

a. Order Returns After Delivery.  After an order has been delivered and there is nothing damaged or defective, you can receive a partial refund by completing the following steps:

4. Software

Software Products are not eligible for a refund or return under any circumstances. Software Licenses offered as part of a package commence on the date the associated Product is delivered.

XXXI.  LIMITED WARRANTY

2.  YOU ARE RESPONSIBLE FOR THE PROPER USE OF ORCAVUE PRODUCTS THAT YOU PURCHASE, RENT OR LICENSE AND FOR THE SAFETY OF GUESTS WHO ARE USING OR MIS-USING SUCH PRODUCTS. YOU UNDERSTAND AND AGREE THAT, UNDER NO CIRCUMSTANCES AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WILL ORCAVUE AND ITS AFFILIATES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS BE LIABLE FOR INJURIES, LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT (INCLUDING BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST DATA OR DATA BREACHES, LOST REVENUES, PROFITS OR GOODWILL, LOST CUSTOMERS, BUSINESS INTERRUPTION OR REPLACEMENT SERVICES), IN CONNECTION WITH, ARISING FROM, OR RELATED TO THE ORCAVUE WEBSITE OR ANY PRODUCTS APPEARING OR DESCRIBED THEREIN, AND YOU EXPRESSLY AGREE TO WAIVE ANY AND ALL CLAIMS FOR SUCH LIABILITY, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY, WHETHER OR NOT YOU KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGE.  ANY DEVIATION FROM THE INTENDED USE OF A PRODUCT WILL AUTOMATICALLY VOID ANY WARRANTY UNDER THIS AGREEMENT OR ITS OWN TERMS OF USE.

3.  OrcaVue’s Limited Warranty on Products.  OrcaVue’s sole and exclusive warranty regarding Products purchased from OrcaVue (except the “Excluded Items” named herein) is a limited warranty (the “Limited Product Warranty“) that applies exclusively to Customers and their Authorized Users and is not transferable, applicable or extended to unauthorized Users or any third parties.  OrcaVue reserves the right to unilaterally modify this Limited Warranty at any time without notice. This Limited Product Warranty provides that for one year from the Delivery Date of any purchased Product, the Product will operate in accordance with its specifications, except for:

Last Update: February 2025

PRIVACY POLICY

(Section XXXII)

XXXII.  PRIVACY POLICY

OrcaVue is committed to respecting the privacy of our website users and providing them with a safe and secure online experience. This Privacy Policy applies to visitors to the OrcaVue Site, which is owned, operated and distributed by Vue Events, Inc., 7411 Livingston Road, Suite 204, Oxon Hill, MD 20745.

This Privacy Policy provides notice to users of the OrcaVue Site regarding their Personal Information (as defined below), in compliance with data privacy laws and regulations in the jurisdiction(s) in which the OrcaVue Site may be used. This Privacy Policy describes how we collect, use, secure, and disclose Personal Information collected through the OrcaVue Site. When you provide Personal Information to OrcaVue via the OrcaVue Site, OrcaVue becomes a controller of that Personal Information. This means OrcaVue can decide the purposes for which and the ways in which the Personal Information is used.

By accessing any part of the OrcaVue Site, you have agreed to the Terms, including this Privacy Policy. This Privacy Policy applies to all users who submit Personal Information through the OrcaVue Site. OrcaVue may modify this Privacy Policy at any time at its sole discretion by publishing such modifications on the OrcaVue Site. By accessing the OrcaVue Site at any time after such modifications, you are agreeing to such modifications.   Any changes to this Privacy Policy will become effective when we make it available on or through the Website.

If you do not agree to any of these terms, you should not use this OrcaVue Site. If at any time you wish to change any of your Personal Information that is collected through the OrcaVue Site, withdraw your consent for processing of your Personal Information, or request deletion of your Personal Information, you may contact OrcaVue at info@orcavue.com or as described below.

1. Personal Information and Its Collection

In order to better provide you with our products and services, we collect two general types of information about our users: personally identifiable information and non-personally identifiable information (together referred to as “Personal Information”). “Personally identifiable information” is information that relates to you individually and allows us to identify you by name, mailing address and e-mail address. We obtain this information directly from you in order to fulfill your order for Products, Services, rentals or licensing. Our primary goal in collecting this information from you is to provide you with a smooth, efficient, and customized experience while using the OrcaVue Site. Information from which we cannot personally identify you is “non-personally identifiable information.”

We use Personal Information that you provide to help us take and fulfill your orders for our products, improve our products, respond to your questions and requests, improve the OrcaVue Site experience for you, communicate with you, and other such purposes. We may collect Personal Information about you in the following ways:

a.  Information You Give Us: We receive and store any information you enter on our OrcaVue Site or give to us in any other way. Examples of Personal Information we collect include:

• • Your name and contact details (title, first name, surname, any other name(s), postal address, e-mail address, telephone number)
  • Any other identifying information provided by you
  • Your purchases, rentals and licenses from us
  • Your User ID and password
  • Your “Search” queries
  • The communications you exchange with us (e.g., your emails, letters, calls, and messages to or about us on social media)
  • Information about how you use our OrcaVue Site

Please note that your credit card details are handled by a third-party payment processor and we do not have access to that information unless we separately collect it for deposit reasons in order to fulfill an Order.

b.  Automatic Information: We receive and store certain types of Personal Information whenever you interact with us. For example, like many websites, we use “cookies,” which are small bits of information that are stored by your computer’s web browser when accessing the OrcaVue Site. We get information about how you use the OrcaVue Site through our use of “cookies” or similar identifiers. “Cookies” are small pieces of information stored by your computer hard drive’s browser which enable you to navigate on our website and allow us to provide features such as keeping you logged in to our website as you move from page to page within the site. For example, we cannot process your order without your name and address.

Examples of information we receive from cookies include:

• • Your browser type and operating system
  • Your Internet Protocol (IP) address (a number automatically assigned to your computer when you access the Internet, which may be used to derive your general geographic area) and geolocation information
  • Which OrcaVue Site pages you view and links you click on
  • Standard server log information

You can decide if and how your computer will accept a cookie by configuring your preferences or options in your browser. However, if you choose to reject cookies, you may not be able to use the full functionality of the OrcaVue Site, for example, certain online products, services or features.  For more information, please see our Cookie Policy at Subsection 7 below.

c.  Mobile: When you use your mobile device to access the OrcaVue Site, we may receive information about your location and your mobile device, including a mobile device ID number (a unique identifier for your device). We may use this information to ascertain the geographic areas where our potential customers are located. Most mobile devices allow you to turn off location services if you wish.

d.  E-mail Communications: Any non-personal content you provide to the OrcaVue Site by email, including but not limited to feedback, answers, questions, comments, suggestions, data or the like (collectively “Information”) shall be deemed to be non-confidential and we assume no obligation to protect such Information from disclosure. You understand, acknowledge, and agree that if you submit any such Information to us, it shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by OrcaVue, this OrcaVue Site, and/or our corporate affiliates, for any purpose whatever, and we shall be free to reproduce, use, disclose and distribute such Information without restriction. When you open an email from us, we receive a confirmation that you did so (if your computer so allows). In this way, we learn what content interests our customers and can tailor emails we send to you according to your interests.  If you do not want to receive e-mail or other mail from us, please contact us at info@orcavue.com.

e.  Communities: Communities are public and not private and you should assume your Posts may be read by others, with or without your knowledge or permission. Although a particular Community may have a policy of limited membership or access, OrcaVue shall have no liability if unauthorized persons nevertheless obtain access to a restricted Community. Your use of the Communities is entirely at your own risk and you should not disclose or make available your Personal Information in any Post or in any Community.

f. Information from Other Sources: We might receive Personal Information about you from other sources and add it to our account information. Examples of such information may include updated delivery and address information from a delivery carrier, which we would use to correct our records and deliver your next purchase or communication accurately, and credit history information from credit bureaus, which we use to help prevent and detect fraud, thereby enabling us to keep our product prices down.

2. Processing and Use of Your Personal Information

We process your Personal Information only: (1) with your consent; (2) as necessary to fulfill orders from our customers; and (3) as necessary for our legitimate interests in fulfilling orders from customers and building our business. The Personal Information you provide will be processed and used for the following purposes only:

a.  To take and fulfill your order and perform related activities such as invoicing, delivery, providing administrative, managerial and organizational services, and other purposes necessary to confirm and complete your order and transport the products you order to you. We may contact you by email and/or SMS to confirm your order, payment and/or order status.

b.  To improve our services and our business processes such as accounting, billing, marketing, statistical, tax and audit, security and legal, general management, records, and business development. For example, we use IP addresses to help administer the OrcaVue Site, diagnose problems with our servers, identify and analyze trends among our customers and clients, track our users’ movement on the Internet, and gather broad demographic information for aggregate use in order for us to improve the OrcaVue Site and your shopping experience on it.

c.  To fulfill our legal obligations and comply with legal regulations, applicable legislation, and other requirements of the Government, law enforcement authorities, and other such legal, supervisory, and control bodies.

d.  To inform you about products and offers you may find interesting. We may use the Personal Information we have about you (including your order history) to build a profile about your past purchase, rentals or licensing from us, to show you OrcaVue offers and carry out other commercial communications, and perhaps to show you advertising related to other OrcaVue Products. When you interact with us by posting or messaging on social media, we may use the Personal Information that is included in such posts for these same purposes and to perform marketing and promotional activities regarding our products and services and to carry out other commercial communications.

e.  To ask for your participation in product reviews or customer preference questionnaires.  We may use your Personal Information to conduct studies and other market research, such as asking you to participate in or contribute to product reviews or questionnaires about your likes, dislikes, and preferences for the types of products we sell or plan to sell, or Products you have purchased from us. We do this to ensure we are meeting our customers’ needs and desires and to stay abreast of changes in market preferences.

The Personal Information required for the purposes set out in subsections 2.a., 2.b., and 2.c above must be provided in order for OrcaVue to fulfill statutory obligations and/or to execute and conclude the contractual relationship embodied by your Order for a Product or Service or request for a License on the OrcaVue Site. Therefore, full or partial refusal to provide such data would render such sales or licensing impossible. You have the right to refuse all or part of the processing of your Personal Information for the purposes set out in Subsections 2.d. and 2.e. by checking the appropriate box at the end of this Privacy Policy or by contacting info@orcavue.com.

The processing of Personal Information is carried out directly by employees or other agents of OrcaVue by means of operations performed on Personal Information (or sets of Personal Information), possibly by automated means, such as collecting, recording, organizing, structuring, storing, adapting or altering, retrieving, consulting, using, disclosing by transmission, disseminating or otherwise making available, aligning or combining, restricting, erasing or destroying such data. Such processing is done in compliance with applicable laws regarding confidentiality and security and is consistent with principles of fairness, lawfulness, transparency and protection of your rights.

If you object to the use of your Personal Information for any of the purposes set out above or wish to opt out of marketing communications, check the appropriate box at the end of this Privacy Policy or contact us at info@orcavue.com.

3. Storage and Security of Personal Information.

The security of your Personal Information is important to us and we understand its importance to you. We have implemented and follow industry standard measures to protect against unauthorized access to and unlawful interception or processing of Personal Information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure.

In order to most efficiently serve you, we use established third-party banking and processing agents to provide credit card processing services on our OrcaVue Site. These agents receive the information needed to verify and authorize your credit card or other payment information. If OrcaVue receives any credit card information for the purpose of holding deposits on rentals or Services, the information is encrypted after receipt, but OrcaVue cannot warrant its security and it could be accessible to malicious actors during the acquisition phase. This policy is subject to change.

Unfortunately, no storage or data transmission over the Internet or any wireless network can be guaranteed as 100% secure. As a result, while we conscientiously strive to protect your Personal Information, you acknowledge that: (a) there are security and privacy limitations of the Internet that are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through the OrcaVue Site cannot be absolutely guaranteed; and (c) it is possible that any such Personal Information or data may be viewed or tampered with by a third party while in transit. We are not responsible for the theft or destruction of your Personal Information. You are responsible for maintaining the confidentiality of your account password and for any access to or use of the OrcaVue Site utilizing your password, whether or not authorized by you. Please notify us immediately if you learn of any unauthorized use of your password or account or any other breach of security.

4. Sharing or Selling Personal Information

a.  Internal Use Only. We will use your Personal Information for internal purposes only and we never sell your Personal Information to any third parties (and have not done so in the past). We may share Personal Information with:

• • Our own company managers, employees, agents, contractors or representatives as needed to carry out our purposes set out in Subsection 2 of this Privacy Policy;
  • Our own employees, agents, contractors and service providers who help us carry out our business and improve our services and your customer experience (for example, information technology services, data hosting services, e-mail delivery services, or providers who maintain, enhance, or add to the functionality of the OrcaVue Site);
  • If OrcaVue becomes part of another organization (e.g., a new parent company), that organization will possess the Personal Information we have collected and it will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy;
  • Our own external legal advisors, auditors, and qualified designated due diligence providers (or other qualified third parties) in connection with any proposed or actual reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock or other legal or financial matters (including in connection with any bankruptcy or similar proceedings);
  • As required by governmental authorities pursuant to applicable law or in connection with dispute resolution proceedings; and
  • As we believe necessary and/or appropriate for the purposes listed in Subsection 2 above.

b.  Web Analytics. We use third parties to provide web analytics on the OrcaVue Site, and these third parties may use their own cookies, web beacons (a.k.a., “clear GIFs”), local shared objects, and other technologies to collect information (i) that helps us with traffic measurement, research, and analytics (such as aggregate click data), and (ii) that is used to place advertisements tailored to your apparent interests. To the extent we combine information from such third-party services with Personal Information we collect directly from you, we will treat the combined information as Personal Information under this Privacy Policy. When you use the OrcaVue Site, we will share Personal Information with third parties only so far as necessary for the third party to help carry out your order (e.g., delivery services).

c.  Linking to Third Party Websites. If you choose to link to third-party websites via our OrcaVue Site, third parties may collect information about your use of our OrcaVue Site. Similarly, where you choose to interact with OrcaVue’s content on social media, third parties may collect information. Information collected by third-party social media services is governed by the privacy policies of those third parties. When you are directed to a third party’s website by OrcaVue, OrcaVue is not responsible for the processing of your Personal Information by any third party. OrcaVue is not responsible for the effectiveness of, or compliance with, any third parties’ opt-out options or programs or the accuracy of their statements regarding their programs.

Some service providers that perform advertising-related services for us and our partners may participate in the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding interest-based advertising, visit https://www.aboutads.info/choices. Some of these companies also may be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options regarding its members, see https://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of interest-based advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain interest-based advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks).]

5.  Storage and Retention of Personal Information

Personal Information that we collect is kept on servers located within the United States. In the future, in order to serve the purposes set out in Subsection 2 above, we may transfer your Personal Information to other servers in other countries. By providing us with any Personal Information, you consent to the transfer of that data to countries outside of your country of residence. OrcaVue shall use appropriate safeguards to protect Personal Information that is transferred to countries that may have a lower level of protection for Personal Information, and if applicable, such transfer of data will take place in accordance with applicable legal provisions set out by the European Commission and/or other applicable governmental authorities.

The Company may use your Personal Information while you are active with the Company. Personal Information will be kept by the Company for up to five (5) years for legal purposes (such as tax audit, statutes of limitations, etc.), and upon the expiration of this period, the Personal Information may be deleted. Where your consent previously has been obtained but you later object or withdraw your consent as set out in this Privacy Policy, we will stop processing your Personal Information.

6.  Your Rights

a.   No Use by Minors. The OrcaVue Site is not intended for use by anyone outside the United States of America.  You must be at least 18 years old to order products from this OrcaVue Site. When you order any Products or Services from our website, you are representing to us that you meet this 18+ age requirement. OrcaVue does not knowingly collect, use, or disclose Personal Information from children under the age of 16 without prior parental consent, except as permitted by the Children’s Online Privacy Protection Act (“COPPA”). If you are a parent or guardian and believe we have inadvertently collected your child’s information in a manner not permitted by COPPA, you have the rights set out in this Subsection 6 with regard to such information. Please contact us at info@orcavue.com.

b.  Your Rights and How to Exercise Them. You have the right to:

• • Request a copy of the specific Personal Information that we have collected about you in the previous 12 months;
  • Require (with certain exceptions) that we delete your Personal Information; and
  • Not be discriminated against for exercising these rights.

To make a request related to these rights, or if you have an issue or complaint about how we handle your Personal Information, please contact us at info@orcavue.com.  If you live in California, California Civil Code Section 1798.83 permits California resident users of a website to request and obtain, once a year and free of charge, certain information regarding our disclosure, if any, of certain categories of Personal Information to third parties for their own direct marketing purposes in the preceding calendar year; however, we do not disclose any information to third parties for their own direct marketing purposes. To inquire about our policy, please send an e-mail to us, with “California Privacy Rights” in the heading, at info@orcavue.com.  Please include your full name, mailing address and email address with your request.

7.  Cookie Policy

This Cookie Policy describes the different types of cookies (defined at Section XXXII.1.B. above) that may be used in connection with the OrcaVue Site and how you can manage them. We may change this Cookie Policy at any time but you can see when the policy was most recently revised by referring to the “Last updated” legend at the top of this Privacy Policy.

a.  Cookies

Cookies are small text files that are downloaded to your computer or mobile device when you visit a website. They may be set by the website owner or by a third party and they are used to make websites work or work better and more efficiently. They do so because websites can read and write these small text files, enabling them to recognize you and remember important information that will make your use and navigation of a website more convenient. Some cookies, known as “session cookies,” expire at the end of your browser session. Other cookies, known as “persistent cookies,” are stored on your computer or mobile device between browser sessions. When you access our Website, we may send one or more cookies to be stored in your computer, which helps us provide better service to you. We may use cookies for many purposes, such as to save information so you don’t have to re-enter it each time you visit the Website and to provide content specific to your interests.  Your browser has options to accept, reject or provide you with notice when a cookie is sent.

b.  Pixel Tags and Flash Cookies

Pixel tags (a.k.a. “web beacons” or “clear GIFs”) are very small images (or small pieces of data embedded in images) that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your computer or device. We may employ pixel tags to track usage patterns anonymously (i.e., in a non-personally identifiable manner). flash cookies (a.k.a. “local shared objects”) are similar to standard cookies except that they can be larger and are downloaded to a computer or mobile device by the Adobe Flash media player.

You may need to take additional steps beyond changing your browser settings in order to refuse or disable flash cookies and similar technologies.  For example, flash cookies can be controlled through the instructions on Adobe’s “Setting Manager” page.  Please note, however, that if you choose to refuse, disable, or delete these technologies, you may not be able to use the full functionality of the OrcaVue Site.

c.  What Kinds of Cookies Do We Use?

The types of cookies that may be used on the OrcaVue Site are:

i. Necessary Cookies

These cookies are essential for our website to work and without them, our website will not perform as smoothly for you as we would like it to and we may not be able to provide certain services or features that you have specifically requested. Some examples of necessary cookies are:

User ID	User ID cookies ensure that only you can see your information. They also keep you logged into the Website so that you do not have to log in again on every page.
Shopping Basket	Shopping Basket cookies remember the items you have placed in your shopping basket so they are still there when you are finished browsing and are ready to check out.
Security	Security Cookies are necessary for security controls and checks and thus help us to protect your Personal Information.

ii. Business Improvement Cookies

These cookies collect anonymous information about how visitors use the OrcaVue Site, which helps us improve the site and maximize a user’s experience. The information collected through these cookies allows us to see overall patterns of usage on our website but does not tell us about the usage of a single person. Here are some examples:

Google Analytics

These cookies collect aggregate statistical data, such as most visited pages, average length of time a user spends on a page, or most clicked-upon items. To opt out, see https://tools.google.com/dlpage/gaoptout.

iii. Functionality Cookies

These cookies allow the OrcaVue Site to remember choices you make when using it, enabling you to navigate the Site more easily and helping us provide more personal features (such as remembering what language you want to use or whether you opted out of marketing emails) or enhancements such as audio and video. The information these cookies collect may be made anonymous and they cannot track your browsing activity on other websites. Some other examples are:

Location cookies	Your IP address indicates your approximate location (city, state, country) and is retained in order to automatically select the proper country website and language.
Last Visit	The date that you last visited the OrcaVue Site and the sale or other activity you engaged in; this helps us to provide you with updates on items you may have looked at or ordered.
Page history	These cookies remember where you have been on our Site so that you can go back to a page you have already visited.
Prior site visited	The website that you were on immediately prior to visiting our Site helps us better understand your preferences and to see where our Site traffic originates.

iv. Targeting or Advertising Cookies

We may allow third-party advertising on our Website, which may place or recognize a unique cookie on your browser to deliver advertisements more relevant to you and your interests or to limit the number of times you see an advertisement. They remember that you have visited the OrcaVue Site and this information is shared with other organizations such as advertisers.  Note that to the extent information collected through cookies constitutes Personal Information, the provisions of our Privacy Policy apply.

v.  Managing Cookies

You may refuse or accept cookies from the OrcaVue Site at any time by activating the appropriate setting on your browser. Information about the procedure to follow in order to enable or disable cookies can be found on your Internet browser provider’s website via your help screen. You may also refer to https://www.allaboutcookies.org/manage-cookies/index.html, which is not affiliated with OrcaVue, for information on managing cookies on many commonly used browsers. Please be aware that if cookies are disabled, not all features of the OrcaVue Site may operate as intended.

Contact Us

If you have any questions, comments or requests regarding this Privacy Policy please email us at info@orcavue.com.