When you authorize your children to use Orsch, they can share fun and cool moments with their friends and family. They can post videos, pictures, view their friends’ profiles, see what Orsch is up to, and explore the world of digital sharing.
Once you create an account with us, you are registered on the Orsch Site. The terms “member,” “membership,” and “account” all refer to this registration as a member on Orsch‘s Site. If you are merely surfing or browsing through the Site and have not yet created an account, your use of the Site is still subject to this Agreement; if you do not agree to this Agreement, do not use the Site.
When you share something — a comment, an emoji, a picture or a video — on the Internet or through an app, including through Orsch, that sharing is essentially permanent. While there are ways to delete some content or your account, once you have shared something with someone else, that person or group of people will always have a copy of what you shared with them in their Orsch accounts. So, we always recommend you pause for a moment before you share because the Internet creates a permanent record. Do not post anything you might later regret posting.
To use Orsch, students must promise:
- To post only pictures and videos which they have permission to post.
- Never to post pictures or videos of other people without their permission.
- Never to post personal information or the personal information of others, including phone number, email address, home address or usernames from other social media sites or applications with the possibilities for direct calls.
- Never to bully or harass others, nor to interfere with anyone else’s use and enjoyment of the site.
- Never to post any content that is disruptive, uncivil, abusive, vulgar, profane, obscene, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
- Restrict, suspend or terminate your access to all or any part of our Site;
- Change, suspend or discontinue all or any part of our products or Site;
- Refuse, move, or remove any content that is available on all or any part of our Site;
- Deactivate or delete your accounts;
- Establish general practices and limits concerning use of our Site.
Orsch aims to celebrate student achievements and accomplishments by sharing their successes on our website, on social media platforms, and in print.
It is our belief that celebrating and presenting student created products and images (quotes, projects, artwork, videos, photos, essays, poetry, interviews, etc) is a motivating and encouraging practice. As such, sharing student success is a cornerstone of Orsch’s platform. Many of our students aim to utilize Orsch’s awards and Showcase as portfolio pieces or official honors in resumes or college applications.
Orsch will occasionally record and/or video student discussion during classes, workshops, or virtual gatherings. Often these clips are worth sharing to inspire others and facilitate an atmosphere of inclusion and the appreciation of student voice. As such, you grant Orsch, its employees, representatives, and authorized media organizations permission to use your/your child’s image, voice, video, work, and full name on Orsch’s website, Orsch’s social media platforms, and any other news or informative media. You further release and relieve Orsch, its employees, and other representatives from any liabilities, known or unknown, arising out of the use of this material.
Access to and use of Orsch´s web site and Orsch (hereinafter jointly referred to as “Orsch”) are provided by Orsch, LLC 8100 E Union Avenue, Unit 1204, Denver, CO 80237, USA, and are subject to the following Terms:
- By using Orsch you agree to be legally bound by these Terms, which shall take immediate effect upon your first access or use of Orsch. If you do not agree to be legally bound by the following Terms, please do not access or use our website, platform, or service.
- You represent and warrant to Orsch that: (i) you are of legal age to form a binding contract (or, if you are a minor, you have your parent’s or legal guardian’s permission to use the Site and Services, and your parent has read and agrees to this Agreement on your behalf); (ii) all registration information you submit is accurate and truthful; (iii) you will maintain the accuracy of such information; (iv) if you are accepting this Agreement on behalf of an institution, company or other legal entity, you have the authority to bind that institution, company or legal entity to this Agreement. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
Use of the Orsch platform and Website
- Children under 13 years of age, must have permission from a parent/legal guardian to use Orsch, which we may accept. If you are 13 years or older, you can access Orsch without the permission of a parent/legal guardian.
- Orsch users are responsible for any activity that occurs through their account. They may not copy, re-publish, download, broadcast, make available to the public, or otherwise use Orsch content in any way except for their own personal, non-commercial use. They also agree not to create any derivative work from any Orsch content except for their own personal, noncommercial use.
- Users must agree to use Orsch only for lawful purposes and in a way that does not infringe the rights of any third party. Prohibited behavior includes harassing or causing distress or inconvenience to any third party or disrupting the normal flow of dialogue within Orsch.
- Users must not must not transmit any worms or viruses or any code of a destructive nature.
- Users also represent that all information provided to Orsch upon registration and at all other times will be true, accurate, current and complete.
- In order to access the Site, users will be required to create an account and password by completing the Site registration form, which requests certain information and data (“Registration Data”). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.Users are responsible for keeping their password secret and secure.
Contributions to Orsch
- When users submit any contribution to Orsch, including any photographs, pictures, graphics, video, audio, text or comments, they agree to grant Orsch the right to publish and make the contribution available to the public. If you do not want to grant Orsch such rights, please do not submit that contribution to Orsch.
- By submitting any contribution to Orsch, you warrant that your contribution: is your own original work and that you have the right to make it available at Orsch; and if it is not your original work, you have permission from the right holder to make it available; is not defamatory, discriminatory, racially offensive, false; does not contain any offensive, nude, sexual, sexually suggestive, pornographic, violent or otherwise objectionable content; does not defame, bully, harass, threaten, intimidate people or attack an individual whose identity can be easily learned from what you post; and does not infringe any law.
- Please note that you may not submit any contributions to Orsch showing or displaying other people without their permission.
- We neither endorse nor assume any liability for the User Content submitted by third party users of the Site. Individuals are solely responsible for User Content submitted through their account and the consequences of posting or publishing such User Content. We have the right in our sole discretion to remove any User Content that does not comply with these Terms of Service and any other rules of user conduct for our Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such User Content. You hereby consent to such removal and waive any claim against us arising out of the removal of such User Content.
- Orsch is not obliged to permanently store users’ contributions. You are encouraged to make your own backup of the contributions submitted to Orsch.
- Users must not post private or confidential information on Orsch, including, without limitation, your or any other person’s credit card information, social security or national identity numbers, non-public phone numbers or non-public email addresses.
- When you submit any contribution, it means that you are allowing everyone to access and use that information, and to associate it with you.
Limitation of Liability
- Orsch, including the information, names, images, pictures, logos, and icons are provided “AS IS” without any representations or any kind of warranty made to the extent permitted by law.
- Orsch may contain links to third party web sites. When you access a non-Orsch site, even one that may contain our logo, please understand that we may not control the content or products on that site. We are not responsible for the privacy practices of that site either.
- Under no circumstances will Orsch be liable for the conduct of any user and for any of the following losses or damages: loss of goodwill or injury to reputation, loss of data, loss of profits, loss of opportunity, or any indirect or consequential damages.
- The names, images, and logos identifying Orsch are subject to copyright and trademark protection. Nothing contained in Orsch or these Terms shall be construed as any license or right to any commercial use.
- Orsch respects the intellectual property rights of others and expects you to do the same. It is Orsch’s policy to suspend and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the intellectual property rights of others. If you believe your copyright is being infringed by content on the Site, let us know by completing the DMCA notice described below.
- Orsch is powered by our proprietary system that we have uniquely developed to provide you with the service. Neither you as a user, nor any school or district, or any employee of a school or district may: (a) reverse engineer, decompile, or disassemble Orsch or any of our sites, apps or software; (b) attempt to derive the source code of Orsch; (c) permit or encourage any third party to do any of the foregoing, except to the extent permitted by applicable law in order to render software interoperable with other software, and only then after receiving the written, prior approval of Orsch.
- To notify us of copyright infringement, Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law.” “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Provide your legal name and your electronic or physical signature.
- Submit copyright infringement notice to [email protected]
- Orsch may display advertisements and promotions. All such potential material shall be in adherence with our core value that everything we do at Orsch should be in the best interest of children.
- We reserve the right to refuse access to the Service to anyone for any reason at any time.
- Orsch reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
- Orsch may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be hereinafter developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
- It is at the mutual agreement of both you and Orsch with regard to the Agreement that the relationship between the parties shall be governed by the laws of the state of Colorado without regard to its conflict of law provisions and that any and all claims causes of action and/or disputes, arising out of or relating to the Agreement, or the relationship between you and Orsch, shall be filed within the courts having jurisdiction within the County of DENVER, Colorado or the U.S. District Court located in said state. You and Orsch agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
- If any of these Terms are determined to be illegal, invalid, or otherwise unenforceable by relevant laws in which these Terms are intended to be effective, then to the most legitimate extent, the remaining Terms shall survive and remain in full force and be binding.