Terms of Service

1. Acceptance of Terms

2. Description of Services

OrioleSong provides computer systems design and related services, operating within the Professional, Scientific, and Technical Services sector. Our services encompass a broad range of technology consulting and implementation activities designed to help businesses and organizations optimize their technology infrastructure and operations.

Core Service Offerings: Our services include but are not limited to systems architecture design, infrastructure planning and assessment, data systems design and integration, network engineering and optimization, cloud migration and integration strategy, cybersecurity architecture design, enterprise technology consulting, software systems integration, and technology roadmap development. We also provide related advisory, consulting, and support services as agreed upon with our clients.

Service Delivery: All services are provided based on written agreements, statements of work, or service contracts mutually agreed upon between OrioleSong and the client. Each engagement is governed by its specific scope of work, deliverables, timeline, and commercial terms. In the event of any inconsistency between these general Terms of Service and a specific service agreement, the provisions of the specific service agreement shall prevail with respect to that particular engagement.

Service Limitations: OrioleSong provides professional technology advisory and design services but does not guarantee specific business outcomes, revenue increases, or performance improvements unless explicitly stated in a written service agreement. All recommendations, designs, and strategies provided by us are based on information available at the time and are subject to change based on evolving circumstances and requirements.

No Professional Licensing: Unless otherwise expressly stated in a written agreement, OrioleSong does not provide services that require specific professional licensing, such as legal advice, financial auditing, or medical consulting. Clients are responsible for engaging appropriately licensed professionals for services outside our scope of expertise.

3. Eligibility and Account Registration

By using our website and services, you represent and warrant that you meet all applicable eligibility requirements and that your use of the services does not violate any applicable laws or regulations in your jurisdiction.

Age Requirement: You must be at least eighteen years of age to use our website and services. By using the website, you represent and warrant that you are at least eighteen years old and have the legal capacity to enter into a binding agreement. If you are under the age of eighteen, you are not permitted to use our website or services under any circumstances.

Entity Representation: If you are using our services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, references to you in these Terms shall include the entity you represent, and you agree to these Terms on behalf of both yourself personally and the entity you represent.

Account Registration: Certain features of our website or services may require you to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to maintain and promptly update your registration information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Account Security: You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these security obligations. We reserve the right to suspend or terminate your account at any time if we reasonably believe that your account has been compromised or used in violation of these Terms.

4. User Responsibilities and Conduct

As a user of our website and services, you agree to conduct yourself in a professional, lawful, and respectful manner at all times. Your use of the website and services is subject to the following responsibilities and standards of conduct.

Lawful Use: You agree to use our website and services only for lawful purposes and in accordance with these Terms. You shall comply with all applicable local, state, national, and international laws, regulations, and ordinances in connection with your use of our services. You may not use our services for any illegal or unauthorized purpose.

Accurate Information: You agree to provide true, accurate, current, and complete information whenever you interact with our website, submit forms, communicate with our team, or enter into any agreement with us. You shall not impersonate any person or entity, misrepresent your affiliation with any person or entity, or otherwise engage in deceptive practices.

Respectful Communication: All communications with OrioleSong personnel, whether via email, telephone, contact forms, or other channels, must be professional and respectful. We reserve the right to terminate or suspend services and access to our website for any user who engages in harassing, abusive, threatening, or otherwise inappropriate behavior toward our team members or other users.

System Integrity: You agree not to interfere with or disrupt the operation of our website, servers, or networks connected to our services. You shall not attempt to gain unauthorized access to any portion of our systems, bypass any security measures, or use any automated means such as bots, scrapers, or crawlers to access or collect data from our website without our express prior written permission.

Reporting Violations: If you become aware of any violation of these Terms by any person or entity, including unauthorized access to or use of the services, you agree to promptly report such violation to us using the contact information provided in these Terms.

5. Intellectual Property Rights

All intellectual property associated with our website and services is owned by or licensed to Suizhou Miaoying Culture Media Co., Ltd. and is protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws. This section outlines the respective rights and obligations of the parties regarding intellectual property.

Our Intellectual Property: The website, including all content, features, and functionality, such as text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, page layout, underlying code, and design elements, is the exclusive property of Suizhou Miaoying Culture Media Co., Ltd. and its licensors. The OrioleSong name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates.

Limited License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website and services for your personal or internal business purposes. This license does not include any right to modify, reproduce, distribute, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from our website except as expressly permitted by these Terms or with our prior written consent.

Client Materials: Any materials, data, specifications, requirements, documentation, or other content provided by you to OrioleSong in connection with our services shall remain your property. You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and process such materials solely as necessary to provide the agreed-upon services to you.

Work Product: Unless otherwise agreed in a written service agreement, deliverables, designs, documentation, and other work product created by OrioleSong specifically for a client engagement are owned by us, and we grant the client a perpetual, non-exclusive, non-transferable license to use such work product for the client s internal business purposes. Custom ownership arrangements may be negotiated and specified in individual service agreements.

Feedback: Any feedback, suggestions, ideas, or recommendations you provide to us regarding our website or services may be used by us without restriction, attribution, or compensation to you. By submitting feedback, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate your feedback into our services.

6. User-Generated Content and Submissions

Our website may allow you to submit, upload, publish, or otherwise make available content, including but not limited to text, messages, comments, files, documents, and other materials. This section governs your rights and responsibilities with respect to such user-generated content.

Ownership of Your Content: You retain ownership of any intellectual property rights that you hold in the content you submit through our website or services. By submitting content, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the content and to grant us the license described below.

License to Us: By submitting content to us through our website, contact forms, or other means, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, and process such content solely for the purpose of providing, maintaining, and improving our services, and as otherwise necessary to fulfill our obligations under any agreement with you.

Content Standards: All user-generated content must comply with applicable laws and these Terms. You may not submit content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another s privacy, hateful, or otherwise objectionable. We reserve the right, but assume no obligation, to review, monitor, remove, or refuse to accept any user-generated content at our sole discretion.

No Liability for User Content: We do not endorse any user-generated content and are not responsible for its accuracy, completeness, or reliability. Any reliance you place on user-generated content is strictly at your own risk. You acknowledge and agree that we shall not be liable for any damages arising from the content or conduct of any user.

7. Prohibited Activities

You are prohibited from using the website and services for any purpose or activity that is unlawful, harmful, or inconsistent with these Terms. The following list of prohibited activities is illustrative and not exhaustive. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision.

Illegal Activities: You may not use the website or services for any illegal purpose or in violation of any local, state, national, or international law. This includes, without limitation, transmitting any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation.

Security Violations: You may not attempt to breach or circumvent any security or authentication measures, probe or scan the vulnerability of any system or network, interfere with or disrupt the integrity or performance of the website or services, or send unsolicited communications, spam, or phishing attempts through our systems.

Intellectual Property Infringement: You may not use the website or services to infringe upon or violate the intellectual property rights of OrioleSong or any third party. This includes unauthorized copying, distribution, modification, display, or creation of derivative works based on copyrighted material, trademarks, or other proprietary information without proper authorization.

Misrepresentation and Fraud: You may not impersonate any person or entity, falsely state or misrepresent your affiliation with any person or entity, forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the website, or engage in any fraudulent, deceptive, or misleading conduct.

System Abuse: You may not upload or transmit viruses, worms, Trojan horses, or any other malicious code designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment. You may not use any automated means to access or collect data from the website in a manner that imposes an unreasonable or disproportionately large load on our infrastructure.

8. Third-Party Services and External Links

Our website and services may contain links to third-party websites, services, and resources that are not owned or controlled by OrioleSong. This section describes our relationship with and responsibility for such third-party services.

No Endorsement: The inclusion of any link to a third-party website or resource does not imply endorsement by OrioleSong of the linked site, its operator, or its content. We provide these links for informational purposes only, and you acknowledge that we are not responsible for the availability, accuracy, content, products, or services available on or through such third-party sites or resources.

Independent Terms: When you access a third-party website or service, you do so at your own risk and subject to the terms and conditions and privacy policies of that third party. We strongly encourage you to review the terms of service and privacy policies of any third-party website or service that you visit.

Third-Party Integrations: Our services may integrate with or incorporate third-party software, platforms, or tools. Your use of such integrated third-party services is subject to the applicable terms of those third parties. We make no representations or warranties regarding the functionality, security, or reliability of any third-party services and shall not be liable for any issues arising from their use.

Release of Claims: You agree that OrioleSong shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any third-party content, goods, or services available on or through any third-party website or resource. You expressly release and discharge us from any and all liability arising from your use of any third-party website or service.

9. Termination and Suspension

We reserve the right to terminate or suspend your access to our website and services at any time, with or without cause, and with or without prior notice. This section describes the grounds for termination or suspension and the effects thereof.

Grounds for Termination: We may terminate or suspend your access to the website and services immediately, without prior notice or liability, for any reason, including without limitation if you breach any provision of these Terms, if we are required to do so by law, if we discontinue or materially modify the services, or if we determine in our sole discretion that your continued access poses a risk to us, our other users, or our systems.

Effects of Termination: Upon termination, your right to access and use the website and services shall immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, warranty disclaimers, limitations of liability, indemnification, and governing law provisions.

Data Upon Termination: Following termination, we may retain certain information as required by law or for legitimate business purposes in accordance with our Privacy Policy. You are responsible for exporting or retrieving any data you wish to preserve before termination. We shall have no obligation to maintain or provide any data following termination.

Suspension Rights: In addition to termination, we may suspend your access to the website or certain services temporarily without terminating the underlying agreement. Suspension may be implemented while we investigate potential violations of these Terms or to protect the security and integrity of our systems. We will endeavor to provide notice of suspension where feasible and to restore access promptly upon resolution of the underlying issue.

No Refund Upon Breach: In the event of termination due to your breach of these Terms, any fees paid by you for services not yet rendered shall be non-refundable, and any fees payable for services already rendered or committed shall remain due and payable in full. This provision is without prejudice to any other remedies available to us at law or in equity.

10. Disclaimer of Warranties

The website and services are provided on an as is and as available basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Suizhou Miaoying Culture Media Co., Ltd. disclaims all warranties, express or implied, in connection with the website, services, and your use thereof.

No Warranty of Accuracy: While we strive to provide accurate and up-to-date information on our website, we make no representations or warranties of any kind regarding the accuracy, completeness, reliability, suitability, or availability of the information, content, materials, or services provided. Any reliance you place on such information is strictly at your own risk.

No Warranty of Uninterrupted Service: We do not warrant that the website or services will be uninterrupted, timely, secure, error-free, or free from viruses or other harmful components. We do not warrant that any defects or errors will be corrected. You acknowledge that access to the website may be suspended or restricted from time to time for maintenance, repairs, upgrades, or for reasons beyond our control.

Disclaimer of Implied Warranties: We expressly disclaim all implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. No advice or information, whether oral or written, obtained by you from us or through the website shall create any warranty not expressly stated in these Terms.

Technical Advice Disclaimer: The technical information, recommendations, and designs provided as part of our services are based on our professional judgment and the information made available to us. Technology environments are complex and dynamic, and outcomes may vary based on numerous factors beyond our control. We do not warrant that our recommendations will achieve any specific technical or business outcome.

11. Limitation of Liability

To the fullest extent permitted by applicable law, Suizhou Miaoying Culture Media Co., Ltd., its affiliates, directors, officers, employees, agents, contractors, and licensors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of data, loss of use, loss of goodwill, business interruption, or other intangible losses, resulting from your access to or use of or inability to access or use the website or services.

Scope of Limitation: This limitation applies to all claims, whether based on warranty, contract, tort (including negligence), strict liability, statute, or any other legal theory, and whether or not we have been advised of the possibility of such damages. This limitation includes damages arising from any errors, omissions, interruptions, defects, delays in operation or transmission, computer viruses, line failures, or any other failure of performance.

Aggregate Liability Cap: In no event shall the aggregate liability of Suizhou Miaoying Culture Media Co., Ltd. for all claims relating to the website or services exceed the greater of one hundred United States dollars or the total amount paid by you to us, if any, during the twelve-month period immediately preceding the event giving rise to the claim. The existence of more than one claim shall not enlarge this limit.

Essential Basis: You acknowledge and agree that the disclaimers of warranties and limitations of liability set forth in these Terms form an essential basis of the bargain between the parties and that we would not be able to provide the website and services on an economically feasible basis without these limitations. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

Time Limit for Claims: Any claim or cause of action arising out of or related to your use of the website or services must be filed within one year after such claim or cause of action arose or be forever barred. This limitation period applies regardless of any statute or law to the contrary.

12. Indemnification

You agree to defend, indemnify, and hold harmless Suizhou Miaoying Culture Media Co., Ltd., its affiliates, directors, officers, employees, agents, contractors, licensors, and successors and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys fees, arising out of or relating to your violation of these Terms or your use of the website and services.

Scope of Indemnification: This indemnification obligation covers any claims arising from your breach of any representation, warranty, or covenant contained in these Terms, any content or materials you submit or transmit through the website, your violation of any applicable law or regulation, your infringement or misappropriation of any intellectual property or other right of any third party, or any negligent, fraudulent, or willful misconduct by you.

Indemnification Procedure: We shall provide you with prompt notice of any claim subject to indemnification, provided that any delay or failure to provide such notice shall not relieve you of your indemnification obligations except to the extent you are materially prejudiced thereby. We shall have the right, at our option, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you shall cooperate fully with us in asserting any available defenses.

Effect of Settlement: You shall not settle any claim subject to indemnification without our prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed. Any settlement must include an unconditional release of the indemnified parties from all liability relating to the claim.

13. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of the People s Republic of China, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.

Applicable Law: The laws of the People s Republic of China shall govern all matters relating to these Terms, including their validity, interpretation, construction, performance, and enforcement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms or any transactions conducted hereunder.

Jurisdiction: Subject to the dispute resolution provisions set forth below, you agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the competent courts located in Suizhou, Hubei Province, People s Republic of China. You consent to the personal jurisdiction of such courts and waive any objection to venue or forum non conveniens.

International Users: If you access the website or services from outside the People s Republic of China, you do so on your own initiative and are responsible for compliance with local laws. You agree that the laws of the People s Republic of China shall govern your use of the website and services regardless of your physical location.

14. Dispute Resolution

We are committed to resolving disputes in a fair, efficient, and cost-effective manner. This section describes the procedures for resolving disputes between you and OrioleSong. Please read this section carefully, as it may affect your legal rights.

Informal Resolution: Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at hello@oriolesong.hair and providing a detailed description of your claim and the relief sought. We will attempt to resolve the dispute through good-faith negotiations within sixty days of receiving your notice. If the dispute is not resolved within this period, either party may proceed with formal resolution as provided below.

Mediation: If informal resolution is unsuccessful, the parties agree to submit the dispute to mediation administered by a mutually agreed-upon mediation service provider in Suizhou, Hubei Province, People s Republic of China. The mediation shall be conducted in the English language, and the parties shall share equally the costs of the mediation, excluding their own attorneys fees and expenses.

Arbitration: If the dispute is not resolved through mediation within ninety days of the commencement of mediation, either party may submit the dispute to binding arbitration administered by a mutually agreed-upon arbitration institution in accordance with its applicable rules. The arbitration shall be conducted in the English language by a single arbitrator mutually selected by the parties. The arbitration award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction thereof.

Exceptions: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights, data security, or confidential information. The parties retain the right to bring individual claims in small claims court where the amount in controversy falls within the jurisdictional limits of such court.

Class Action Waiver: To the fullest extent permitted by applicable law, you agree that any dispute resolution proceedings shall be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Suizhou Miaoying Culture Media Co., Ltd.

15. Modifications to These Terms

We reserve the right to modify, amend, or replace these Terms of Service at any time, at our sole discretion. This section describes how we will communicate changes to these Terms and the effect of such changes on your continued use of the website and services.

Notification of Changes: When we make material changes to these Terms, we will provide notice by posting the updated Terms on this page and updating the date at the top of this document. For material changes, we may also provide additional notice through the website, by email (if we have your contact information), or through other reasonable means. It is your responsibility to review these Terms periodically for changes.

Effective Date of Changes: Changes to these Terms will become effective immediately upon posting unless otherwise specified. Changes addressing new functions of the services or made for legal reasons will be effective immediately. For other material changes, the effective date will be at least thirty days after posting, unless a longer period is required by applicable law.

Acceptance of Changes: Your continued use of the website and services after any modification to these Terms will constitute your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the website and services immediately. You may also terminate any service agreements with us in accordance with their respective termination provisions.

No Retroactive Application: Unless required by law or expressly stated otherwise, modifications to these Terms shall apply prospectively only and shall not affect any rights or obligations that accrued prior to the effective date of the modification.

16. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service or any aspect of our services, please contact us using the information provided below. We are committed to addressing your inquiries promptly and thoroughly.

Company Name: Suizhou Miaoying Culture Media Co., Ltd.

Brand Name: OrioleSong

Industry: Computer Systems Design and Related Services

Registered Address: No. 452 Jiefang West Road, Nanjing Subdistrict, Zengdu District, Suizhou - 441300, China (CN)

Email Address: hello@oriolesong.hair

Phone Number: +12722423634

Website: https://www.oriolesong.hair

For legal notices or formal correspondence related to these Terms, please use the email address listed above with the subject line containing the phrase Legal Notice to ensure prompt attention and routing to the appropriate department.

We aim to acknowledge all inquiries within two business days and to provide a substantive response within a reasonable timeframe. For complex matters requiring detailed review, we will provide a good-faith estimate of the time required for a complete response.

These Terms of Service were last updated and are effective as of January 1, 2024.

17. Severability and Waiver

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the provision to the greatest extent possible. If such modification is not possible, the invalid provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

The invalidity or unenforceability of any provision in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction, nor shall it affect the validity or enforceability of the remaining provisions in that or any other jurisdiction. The parties agree to negotiate in good faith to replace any invalid or unenforceable provision with a valid and enforceable provision that most closely approximates the economic and legal substance of the original provision.

Waiver: No waiver of any provision of these Terms shall be effective unless made in writing and signed by an authorized representative of the waiving party. The failure of either party to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision or of the right to enforce such provision at any subsequent time.

The waiver by either party of a breach of any provision of these Terms shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision. No course of dealing between the parties shall operate as a waiver of any provision of these Terms or of any right of either party hereunder.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any written service agreements entered into between the parties, constitute the entire agreement between you and Suizhou Miaoying Culture Media Co., Ltd. with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the website and services.

No Reliance: You acknowledge and agree that you have not relied on any representation, warranty, promise, or statement, whether written or oral, other than those expressly set forth in these Terms and any applicable service agreement, in entering into this agreement. No oral or written information or advice provided by us or our representatives shall create any representation or warranty not expressly stated in these Terms.

Conflict of Documents: In the event of any conflict or inconsistency between these general Terms of Service and a specific written service agreement entered into between you and OrioleSong, the provisions of the specific service agreement shall govern with respect to the subject matter of that agreement. With respect to your general use of the website and services not covered by a specific agreement, these Terms shall govern.

Interpretation: The section headings in these Terms are for convenience only and shall not affect the interpretation or construction of any provision. These Terms shall be construed without regard to any presumption or rule requiring construction against the drafting party. The language of these Terms shall be construed according to its fair meaning and not strictly for or against any party.

Survival: The provisions of these Terms that by their nature are intended to survive termination or expiration, including but not limited to the sections on Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution, shall survive any termination or expiration of these Terms or your use of the website and services.