PLEASE CAREFULLY READ THESE TERMS OF USE ("Terms of Use") BEFORE USING THE WEBSITE OR ANY OF THE OTHER PROPERTIES (AS DEFINED BELOW), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
This User Agreement sets out the terms between you and The Official Party Intelligence Network (“We”, “Us” or “TheOPI.net”) under which you may access our Website http://theopi.net (the “Website”). This User Agreement applies to all users of, and visitors to, the Website, whether they are registered or not (each a “User”, collectively “Users”) and constitutes a legally binding agreement between each User individually and TheOPI.net. If you, the User do not accept the terms of this User Agreement, you cannot use the Website.
Changes to the Properties and the Terms of Use
TheOPI.net may add to, change, suspend or discontinue any aspect of the website with or without notice at any time by publishing such modifications.
We reserve the right to add, delete, change or modify parts of these Terms of Use at our sole discretion and at any time with or without notice. If we do this, we will post the changes to the Terms of Use on this page and will indicate the effective date of the Terms of Use at the top of the page. It is important for you to refer to these Terms of Use from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to these Terms of Use. Your continued use of the website constitutes your acceptance of the new Terms of Use.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with them. In any case you affirm that you are over 18 years old the Website is NOT intended for anyone under the age 18.
TheOPI.net Accounts
In order to access some features of the service you will have to create an account. That might be done by completing our registration form or by signing in through an Open ID. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify TheOPI.net immediately of any breach of security or unauthorized use of your account.
Interactive Services
The Website may provide certain services which enable Users to submit information, statements, content, documents, ideas, concepts, techniques or data (“Content”) to the Website (“Interactive Services”).
We are under no obligation to oversee, monitor or moderate any Interactive Service we provide on the Website, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a User in contravention of our content standards, whether the service is moderated or not.
TheOPI.net has no obligation to verify the identity of any Users when they are connected to the Website or to supervise the Content which has been provided by Users.
Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Although some Interactive Services may allow you to choose to hide Content you submit from certain classes of other Users ("Privacy Settings"), we cannot guarantee that any of these Privacy Settings will be effective or that Content subject to these Privacy Settings will not be made generally and publicly available by other Users or by third parties. We will, however, use commercially reasonable efforts to control the display of Content that is restricted by the Privacy Settings to other Users in accordance with the Privacy Settings you have chosen.
If you submit Content we cannot guarantee that other Users of the Website will not use the Content you have submitted. Therefore, if you have Content that you would like to keep confidential and/or don’t want others to use, do not submit it to an Interactive Service or to any other part of the Website. We are not responsible for the misuse or misappropriation by other Users of the Website of any Content submitted by you to an Interactive Service.
Please note that certain Content which you may choose to submit to our Interactive Service or to any other part of this Website may reveal personal information about you (“Personal Data”). Some Personal Data may be sensitive in nature, for example your ethnic origin, nationality, religion and/or sexual orientation (“Sensitive Data”). Any Personal Data or Sensitive Data is provided voluntarily and with your consent for its use, storage, disclosure and possible export out of the US. By providing such Sensitive Data to us you are hereby expressly giving your informed consent to the storage and processing by us of such Sensitive Data.
Prior to submitting Content to the Website, you must consider and decide, yourself, the extent to which you wish to reveal Personal Data or Sensitive Data about yourself to the large community of other Users of this Website, and to us, and you must not communicate to us or to other Users of the Website any Content which could be harmful to you if disclosed, processed or published in any way. Any Personal Data or Sensitive Data provided by you is given at your own discretion for all purposes and without expectation of protection or privacy, and can be exported outside of the US.
No Interactive Service provided by the Website will require, oblige or necessitate the disclosure or submission of any Sensitive Data by any User. All Sensitive Data disclosed or submitted to the Website by any User is done at that User’s sole risk and TheOPI disclaims all liability in relation to all Sensitive Information disclosed or submitted to any Interactive Service or any other part of the Website to the fullest extent permitted by law.
Content Standards
These content standards apply to any Content you may submit to the Website and to any Interactive Services associated with it. The standards apply to each part of any Content you may submit as well as to its whole.
Content must:
- be accurate (where they state facts).
- be genuinely held (where they state opinions).
- comply with applicable law in the US and in any country from which they are posted.
Content cannot:
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- promote sexually explicit material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trade mark of any other person;
- be likely to deceive any person;
- breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal or fraudulent activity;
- be threatening, abusive, defamatory or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate anyone, or misrepresent a person’s identity or affiliation with any group, entity or person;
- be technically harmful in any way, either intentionally or unintentionally, (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
- constitute, advocate, promote or assist any conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party; or
- give the impression that the Website condones or sponsors any of the malfeasance state in this clause.
Your Use of Content
The following restrictions and conditions apply specifically to your use of Content.
The Content on the Website (except where otherwise stated), and the trademarks, service marks and logos of the Website, are owned by or licensed to TheOPI.net, subject to copyright and other intellectual property rights under the law.
Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Website and as permitted under these Terms of Use. You shall not download any Content unless you see a “download” or similar link displayed by TheOPI.net for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of TheOPI.net or the respective licensors of the Content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
You understand that when using the Website, you will be exposed to Content from a variety of sources, and that TheOPI.net is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TheOPI.net with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless TheOPI.net and its agents to the fullest extent allowed by law regarding all matters related to your use of the Website.
License
If you submit Content, in whole or in part, in which you hold a copyright, you hereby grant to us a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable, fully paid up and royalty-free license to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way (whether now known or discovered in the future), anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties.
Any copyright in any Content will remain with you. The license set out above is not exclusive, so you can continue to use the Content in any way including allowing others to use it.
No part of the Website may be reproduced or appear on any other website and may not be stored in any public or private electronic retrieval system or service without TheOPI.net's prior written permission.
Our Linking and Application Policy
Any website that links to TheOPI.net website or on which you include the application: (a) must not frame, surround, obfuscate or create a browser or border environment around any of the Content of the Website; (b) may link to, but not replicate, the Content; (c) must not imply that TheOPI.net or the Website or any artist or performer are endorsing or sponsoring it or its products, unless TheOPI.net has given its prior written consent; (d) must not present false information about TheOPI.net or its products or services; (e) must not use any OPI services or trademarks except as expressly permitted in these Terms of Use or without the prior written permission from TheOPI.net; (f) must not contain content that is illegal, obscene or defamatory, or that could be construed as distasteful, offensive or controversial; and (g) must not support, endorse or encourage piracy or the unauthorized exploitation of intellectual property rights. By linking to TheOPI.net, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms of Use, we reserve the right to deny permission to link to TheOPI.net website for any reason in our sole and absolute discretion.
We provide TheOPI.net Application to enable our users to share TheOPI.net with their friends. It is not provided for commercial use, distribution or exploitation. If you are the operator of a commercial website and would like to include TheOPI.net Application in your website, or if you would like to use the Application for commercial purposes, please contact us. TheOPI.net reserves the right to remove links or block TheOPI.net Application at any time and for any reason in its absolute discretion.
Links to Other Websites
TheOPI.net website may contain hyperlinks to other websites ("Other Sites"). If you use the hyperlinks to access these Other Sites, you will leave TheOPI.net website and your browser will be re-directed to the Other Sites. The Other Sites may have their own Terms of Use and Privacy Policy and those Other Sites may have different practices and requirements than the TheOPI.net website. TheOPI.net may not have knowledge of, and is not responsible for, the content, information, services, products or advertisements presented by any Other Site which you use at your own risk. TheOPI.net does not warrant or make any representation regarding the legality, accuracy, quality or authenticity of content, information, services or products presented by Other Sites. The hyperlinks to Other Sites do not constitute an endorsement by TheOPI.net of any Other Site(s) or resources, or their content, information, services or products. TheOPI.net website is only providing these links to you as a convenience. The terms of use and privacy policy of any Other Sites shall apply to your access and use of them. TheOPI.net accepts no responsibility for the content or conduct of Other Sites.
Account Termination Policy
We will determine, at our sole discretion whether, by your use of the Website, there has been a breach of this User Agreement. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this Terms of Use constitutes a material breach which may result in our taking all or any of the following actions, with or without a warning to you:
- immediate temporary or permanent withdrawal of your right to use the Website;
- immediate temporary or permanent removal of any posting or material uploaded by you to the Website;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this User Agreement. The responses described in this policy are not limited, and we may take any other action that we deem appropriate.
Representations and Warranties
You hereby represent and warrant that you:
- are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set in these Terms of Use, and to abide by and comply with them;
- have the power and authority to provide any Content and sub-license it to Us if you submit Content for which you are a licensee or sub-licensee;
- have the consent of anyone who is identifiable in the Content that you submit to provide it to the Website; and
- any Content you submit complies with our Content Standards
You agree to defend, indemnify and hold TheOPI.net and its agents harmless from and against any and all losses, costs, claims, liabilities, damages, suits, actions or expenses (including, without limitation, reasonable legal fees) arising from or in connection with any breach of these Terms of Use including but not limited to the warranties set out.
TheOPI.net expressly disclaims any and all warranties of any kind or nature to the fullest extent permitted by law, whether express, implied or statutory, relating to the service, including without limitation the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose. In addition, TheOPI.net makes no representation or warranty that the operation of the Website will be uninterrupted or error-free, and TheOPI.net will not be liable for the consequences of any interruptions or errors.
Limitation of Liability
IN NO EVENT SHALL TheOPI.net OR ITS AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
TheOPI.net DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TheOPI.net WILL NOT BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
The Website is controlled and offered by TheOPI.net from the United States of America. TheOPI.net makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
