INTRODUCTION


These Terms of Use ("Terms") contain the legal terms and conditions that govern your use of Content (as defined below), Communication facilitated by the associated Discussion Groups, and products and services provided through www.orionsarm.com (the "Site") by Orion's Arm Universe Project Incorporated ("Orion's Arm"). Although the day-to-day activity of this Site is conducted by the Orion's Arm membership who are also referred to in these Terms as "we", "our", and "us", oversight and final authority resides with the Board of Directors ("Board").

a. As used in these Terms, the term "Content" means any material submitted to Orion's Arm for its use by the copyright owner ("Contributor"), or their authorized agent, which may include without limitation Contributor's name(s) (including professional names), trademarks, trade names, likenesses, photographs, biographical materials, artwork, liner notes, and other graphical, textual, audio, visual or other materials.

b. By visiting the Site, joining Orion's Arm, or initiating Communication via the associated Discussion Groups, you agree to be bound by Section I of these Terms ("General Terms").

c. By submitting any Content for use by Orion's Arm you are affirming that you have read and agreed to the additional Terms as outlined in Section II ("Submission Agreement").

I. GENERAL TERMS

1. Ownership.

a. This Site is owned and operated by Orion's Arm Universe Project Incorporated.

2. Copyright.

The contents of this Site are protected by United States copyright law, international conventions and other applicable laws. All Content and material submitted to, or otherwise created for, Orion's Arm is the copyrighted property of the original Contributor(s). Any use of any of the Content on this Site other than for private, non-commercial viewing purposes is strictly prohibited. The disposition or use of any of the Content contained herein, for any other purpose except as expressly permitted pursuant to these Terms, in any form, media or technology now known or hereafter developed, including the use of any of the aforementioned Content on any other Web site or networked computer environment, without a prior written consent from Orion's Arm, or the original Contributor(s), is expressly prohibited. Any permissions granted within these Terms with regard to Content is done so with the express understanding that aforementioned Content will not be utilized for or with any unlawful, or otherwise harmful, purpose.

a. The above conditions in this Section 2 do not apply to generic transhuman or science fiction concepts found on the Site including, but not limited to, artificial intelligence, genetic engineering, gene-splicing, megascale engineering, mind uploading, nanotechnology, posthumans, space habitats, technological singularity, terraforming, traversable wormholes, and utility fog. As such terms predate the project, Orion's Arm in no way owns, or claims to own, these concepts.

3. Copyright Infringement Policy.

Orion's Arm is dedicated to a policy of respect for the intellectual property of others and adherence to the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512 (c). If you are alleging that Content on the Site may have been or is being infringed or is infringing, then you are advised to notify Orion's Arm using the following address:

IP Compliance
Orion's Arm Universe Project, Inc.
1533 Longwood Drive
Norfolk, VA 23508
Email: OAoperations@gmail.com

In order to ensure the effectiveness of your notice you must include the following information:

a. Your contact information, including your name, address, and if available a phone number and electronic mail address.

b. Identification and location of the copyrighted work(s) allegedly infringed.

c. Identification and location of the Content that is allegedly infringing.

d. A statement, punishable by perjury, that the Content in question is being used in a manner not authorized by the copyright owner, and that you are authorized to act on their behalf.

e. A physical or electronic signature of the copyright owner, or their authorized representative.

4. Disclaimer of Warranty.

ORION'S ARM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SITE, OR THE CONTENT, PROVIDED THROUGH THE SITE. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. ORION'S ARM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. ORION'S ARM MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE.

5. Limitation of Liability.

a. YOU SPECIFICALLY ACKNOWLEDGE THAT ORION'S ARM IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES.

b. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ORION'S ARM SHALL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF ORION'S ARM OR AN ORION'S ARM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ORION'S ARM TO YOU ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE AMOUNTS, IF ANY, WHETHER CONTRACT, TORT, OR OTHERWISE, PAID BY YOU FOR THE USE OF THE SITE. WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

6. Adult Content.

Orion's Arm includes occasional stories, settings and images that contain Adult content, including nudity, strong language, and sexual references. If you feel such material would offend you, you are advised not to access this Site, subscribe to the associated Discussion Groups, or otherwise participate in or with Orion's Arm.

7. General Content.

a. Orion's Arm contains Content that is for entertainment purposes only and is not a depiction of fact, this content shall not be considered factual by you, and you agree to treat this information as non-factual. Other than for entertainment purposes, you acknowledge and agree not to rely on such Content including but not limited to the Site, the associated Discussion Groups, and other information distributed by various means.

b. Orion's Arm may also contain facts, opinions, views, statements and recommendations of third party individuals or organizations. Orion's Arm does not represent or endorse the accuracy or reliability of any facts, opinions, views, statements and/or recommendation or other information displayed, uploaded or distributed through the Site or by any other applicable medium. Orion's Arm reserves the right, at its sole discretion, to correct any errors or omissions in any portion of the Site.

8. External Links.

Orion's Arm may provide links to third-party websites or resources, by using such links you acknowledge and agree that:

a. Orion's Arm is not responsible or liable for the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources;

b. Links to such websites or resources do not imply any endorsement by Orion's Arm of such websites or resources or the Content, products, or services available from such websites or resources; and

c. You maintain sole responsibility for and assume all risk arising from your use of any such websites or resources.

9. Use of Site Communications.

a. Orion's Arm assumes no responsibility for actively monitoring Discussion Groups for inappropriate conduct. If at any time Orion's Arm chooses, at its sole discretion, to monitor the Discussion Groups, Orion's Arm nonetheless assumes no responsibility for the Content found therein, or the conduct of the user submitting the Content, and no obligation to modify or remove any inappropriate Content

b. In connection with your use of any of the associated Discussion Groups, you may not upload to, distribute through, or otherwise publish through this Site any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability, or violates any law.

c. You cannot, without the express prior approval of the Board, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.

d. You acknowledge that transmissions to and from the Discussion Groups are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to the Discussion Groups, that no confidential, fiduciary, contractually implied or other relationship is created between you and Orion's Arm other than pursuant to these Terms.

10. Suspension and Termination of Access and Membership.

a. You agree that the duly appointed officers of Orion's Arm may at any time, and without notice, suspend or terminate your membership to the Discussion Groups if you fail to comply with these Terms or applicable laws.

b. Orion's Arm may at anytime, and at its sole discretion, prosecute if it has been determined that you have breached these Terms or any relevant law, rule or regulation or you have engaged in conduct that Orion's Arm considers to be inappropriate or unacceptable.

11. Termination of Services.

Orion's Arm may at its sole discretion, at anytime discontinue the Site, or any part thereof, with or without notice. You agree that Orion's Arm shall not be liable to you or any third party for any such termination.

12. Amendment of these Terms.

Orion's Arm reserves the right to amend these Terms from time to time at our sole discretion. Notification of any material changes to these Terms shall be delivered by administrative message within the Discussion Groups no less than thirty (30) days prior to the effective date of the revisions. If you continue to use the Site after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue your membership within Orion's Arm.

13. Governing Laws & Jurisdiction.

THIS AGREEMENT SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF ALABAMA WITHOUT REGARD TO ITS OR ANY OTHER JURISDICTION'S CONFLICT OF LAWS PRINCIPLES. THE SOLE VENUE AND JURISDICTION FOR DISPUTES ARISING FROM THIS AGREEMENT SHALL BE THE APPROPRIATE COURT WITHIN HOOVER, ALABAMA, AND CONTRIBUTOR AND ORION'S ARM UNIVERSE PROJECT INC. BOTH IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS.

14. International Jurisdiction.

Unless otherwise specified, the Content found in the Site is presented solely for entertainment purposes or the promotion of products or services available in association with Orion's Arm and the laws of the United States and the state of Alabama, which govern its operation. We make no representation that Content found in the Site is appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.


II. SUBMISSION AGREEMENT


This is the agreement ("Agreement") between either an individual Contributor, or as the legal authorized representative of a group contributor ("Contributor") and Orion's Arm Universe Project Incorporated ("Orion's Arm"), concerning the submission of Contributor's Content to Orion's Arm, and the Orion's Arm use of such Content. If you are agreeing on behalf of a group contributor or a group of contributors then each reference to "Contributor" in this Agreement refers to each member of the group or the group as a whole, as the case may be. Contributor and Orion's Arm acknowledge the exchange of mutual benefits and promises and other consideration and agree as follows with respect to new submissions of Content and any former submissions of Content.

1. Ownership of Content.

a. Contributor retains copyright ownership of any Content he/she/they submit.

b. Orion's Arm shall give full credit to Contributor for any Content submitted by them or their authorized agent. Orion's Arm will include Contributor's name with their submitted Content, as well as a photo and biographical information if desired in the Membership List located on the Site.

2. Grant of Rights.

By submitting any Content to Orion's Arm, Contributor, on behalf of Contributor and the contributor's heirs, executors, administrators, successors and assignees, hereby grants and assigns Orion's Arm the royalty-free, perpetual, irrevocable, non-exclusive rights to do the following:

a. use, exhibit, broadcast, rebroadcast, reproduce, modify, adapt, publish, translate, transmit, retransmit, distribute, or delete such Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed, for an indefinite period of time, in all languages in all countries of the world for any purpose that Orion's Arm chooses, whether internal, public, commercial, or otherwise, without any compensation or notice to the contributor whatsoever.

b. the right to sublicense to any other person or company any of the licensed rights in the Content, or any part of them, subject to these Terms.

c. during the length of the Term, Orion's Arm licenses under these Terms include the right to use any part of the Content in the promotion, advertising or marketing of Orion's Arm.

d. Contributor waives all so-called "moral rights" for all submitted Content.

e. Contributor waives the right to make any claims against Orion's Arm relating to submitted Content, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.

f. No additional consent is required for any other licensed uses under these Terms for Content either as part of Orion's Arm Site(s) or in connection with the distribution of Content from Orion's Arm Site(s) and/or for uses of Contributor.

3. Assignment.

Orion's Arm may at any time sell itself, or the majority of itself, its holdings, or licenses. Current Agreements would transfer to the new owner.

4. Conduct and Monitoring.

Contributor is responsible for all of the Content he/she/they may upload, download, and otherwise copy, distribute and display utilizing Orion's Arm and the associated Discussion Groups. Contributor must have the legal right to copy, distribute and display all parts of any Content that he/she may upload, download and otherwise copy, distribute and display. Content provided to Contributor by others, or made available through websites, magazines, books and other sources, are protected by copyright law and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law. Orion's Arm has no ability, or obligation, to monitor such Content for any purpose. Contributor acknowledges that he/she is solely responsible for all Content he/she may upload or otherwise transmit using Orion's Arm resources.

In order to submit Content Contributor agrees not…

a. to upload, post, or otherwise transmit any material that infringes any copyright, trademark, patent or other intellectual property right or any moral right or artist's right of any third party including, but not limited to, Orion's Arm;

b. to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 18;

c. to upload, post, or otherwise transmit any material which is likely to cause harm to Orion's Arm or any computer system(s), including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Site(s) or affiliated Discussion Groups which may cause any defect, error, malfunction or corruption to the Site(s) or affiliated Discussion Groups.

5. Third Party Payments.

Contributor is responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with any Content he/she/they submit to Orion's Arm.

6. Indemnity.

The Contributor agrees to defend, indemnify, reimburse and hold Orion's Arm and its parent, subsidiary and affiliated entities, and its and their members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees and assigns harmless from and against any and all liability, loss, damages, judgments, costs and expenses (including reasonable attorney's fees, costs and expenses and court costs) arising out of or related to:

a. Contributor's use of the Orion's Arm Site(s) or affiliated Discussion Groups;

b. Content submitted by the Contributor for use by Orion's Arm;

c. Any breach or alleged breach of Contributor's representations and warranties and/or any breach, alleged breach or violation of the notices, terms and conditions of this Agreement; and

d. Contributor's violation or alleged or threatened violation of any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party, arising from the submission and/or use of Content as provided in this Agreement.

7. Prosecution of Infringement.

If during the existence of this Agreement the copyright shall be infringed, Orion's Arm may, at its own cost and expense, take such legal action, in Contributor's name if necessary, as may be required to restrain such infringement or to seek damages therefore. Orion's Arm shall not be liable to Contributor for Orion's Arm failure to take such legal steps. If Orion's Arm does not bring such an action, Contributor may do so in his/her/their name at his/her/their own cost and expense. Money damages recovered for an infringement shall be applied first toward the repayment of the expense of bringing and maintaining the action, and thereafter the balance shall belong to Contributor, provided, however, that any money damages recovered on account of a loss of Orion's Arm profits shall be divided equally between Contributor and Orion's Arm.

8. Bankruptcy and Insolvency.

If a petition in bankruptcy shall be filed by or against Orion's Arm, or if it shall be adjudged insolvent by any court, or if a Trustee or a Receiver of any property of Orion's Arm, shall be appointed in any suit or proceeding by or against Orion's Arm, or if Orion's Arm shall make an assignment for the benefit of creditors or shall take the benefit of any bankruptcy or insolvency Act, or if Orion's Arm shall liquidate its business for any cause whatsoever, this agreement shall terminate automatically without notice, and such termination shall be effective as of date of the filing of such petition, adjudication, appointment, assignment or declaration or commencement of reorganization or liquidation proceedings, and all rights granted hereunder shall thereupon revert to Contributor.