The terms of service are only available in English at this time. We thank you for your understanding.

 

OpiniaPic's Terms of Service

CONDITIONS OF USE

OpiniaPic Inc. ("OpiniaPic") welcomes you. OpiniaPic provides the OpiniaPic Services (defined below) to you subject to the following Terms of Service ("TOS"). We expressly reserve the right to change the TOS from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and the TOS once in a while and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified TOS and agreement to abide and be bound by the modified TOS.


You understand and agree that the OpiniaPic Service is provided "AS-IS" and that OpiniaPic assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, photos, or personalization settings. You are responsible for obtaining access to the OpiniaPic Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the OpiniaPic Services.


You understand that the technical processing and transmission of the OpiniaPic Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.


YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the OpiniaPic Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the OpiniaPic Services under the laws of the United States, Canada, or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the OpiniaPic Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. OpiniaPic and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.


PRIVACY POLICY

Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full OpiniaPic Privacy Policy at http://www.opiniapic.com/pp. You understand that through your use of the OpiniaPic Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to the United States, Canada, and/or other countries for storage, processing and use by OpiniaPic and its affiliates.


MEMBER CONDUCT 

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not OpiniaPic, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the OpiniaPic Services. OpiniaPic does not control the Content posted via the OpiniaPic Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the OpiniaPic Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will OpiniaPic be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the OpiniaPic services.


SERVICES

You agree to not use the OpiniaPic Services to:

1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

2. impersonate any person or entity, including, but not limited to, an OpiniaPic official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the OpiniaPic Service;

4. upload, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

5. upload, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

6. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose.

7. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

8. interfere with or disrupt the OpiniaPic Services or servers or networks connected to the OpiniaPic Services, or disobey any requirements, procedures, policies or regulations of networks connected to the OpiniaPic Services.

9.  intentionally or unintentionally violate any applicable local, state, national or international law;

10.  provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

11.  "stalk" or otherwise harass another.

12.  collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

13.  harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

15.  use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;

16.  use automated scripts to collect information from or otherwise interact with the Service or the Site;

17.  use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;

 

You acknowledge that OpiniaPic may or may not pre-screen Content, but that OpiniaPic and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the OpiniaPic Services. Without limiting the foregoing, OpiniaPic and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by OpiniaPic or submitted to OpiniaPic, including without limitation information in OpiniaPic comment sections, titles, descriptions and in all other parts of the OpiniaPic Services.

You acknowledge, consent and agree that OpiniaPic may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of OpiniaPic, its users and the public.

 

INTERSTATE NATURE OF COMMUNICATIONS ON OpiniaPic NETWORK

When you register with OpiniaPic, you acknowledge that in using the OpiniaPic Services to send electronic communications (including but not limited to email, search queries, adding comments, uploading photos, and other Internet activities), you will be causing communications to be sent through OpiniaPic's computer network, located internationally. As a result, and also as a result of OpiniaPic's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.

 

INTERNATIONAL USE

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States and Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

 

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE OpiniaPic SERVICES

OpiniaPic does not claim ownership of Content you submit or make available for inclusion on the OpiniaPic Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the OpiniaPic Services, you grant OpiniaPic the following worldwide, royalty-free and non-exclusive license(s), as applicable:

1.     With respect to photos, or graphics you submit or make available for inclusion on publicly accessible areas of the OpiniaPic Services, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the OpiniaPic Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the OpiniaPic Site and will terminate at the time you remove or OpiniaPic removes such Content from the OpiniaPic Site. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

2.     With respect to Content other than photos you submit or make available for inclusion on publicly accessible areas of the OpiniaPic Site (Such as comments), the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the OpiniaPic Services are those areas of the OpiniaPic network of properties that are intended by OpiniaPic to be available to the general public.

 

CONTRIBUTIONS TO OpiniaPic

By submitting unsolicited ideas, suggestions, documents, and/or proposals ("Contributions") to Wow!Diff, you acknowledge and agree that: (a) Wow!Diff is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (b) Wow!Diff may have something similar to the Contributions already under consideration or in development; (c) you are not entitled to any compensation or reimbursement of any kind from Wow!Diff under any circumstances.

 

NO COMMERCIAL REUSE OF OpiniaPic SERVICES

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the OpiniaPic Services (including Content, advertisements, Software and your OpiniaPic ID), unless you are registered as a business and promote photos and other materials that yourself have posted.

 

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that OpiniaPic may establish general practices and limits concerning use of the OpiniaPic Services, including without limitation the maximum number of days that uploaded Content will be retained by the OpiniaPic Services, the maximum disk space that will be allotted on OpiniaPic's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the OpiniaPic Services in a given period of time. You agree that OpiniaPic has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the OpiniaPic Services. You acknowledge that OpiniaPic reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that OpiniaPic reserves the right to modify these general practices and limits from time to time.

 

MODIFICATIONS TO OpiniaPic SERVICES

OpiniaPic reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the OpiniaPic Services (or any part thereof) with or without notice. You agree that OpiniaPic shall not be liable to you or to any third party for any modification, suspension or discontinuance of the OpiniaPic Services (or any part thereof).

 

DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the OpiniaPic Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that OpiniaPic shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the OpiniaPic Services.

 

LINKS

The OpiniaPic Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that OpiniaPic is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that OpiniaPic 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.

 

OpiniaPic'S PROPRIETARY RIGHTS

You acknowledge and agree that the OpiniaPic Services and any necessary software used in connection with the OpiniaPic Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the OpiniaPic Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by OpiniaPic or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the OpiniaPic Services, such Content or the Software, in whole or in part.

OpiniaPic grants you a personal, non-transferable and non-exclusive right and license to access the site; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code (including, but not limited to javascript and jquery code on the web pages), sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the html forms, jquery, or javascript in any manner or form (other than normal modifications that occur on the site as a result of normal use as stipulated below), nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the OpiniaPic Services. You agree not to access the OpiniaPic Services by any means other than through the interface that is provided by OpiniaPic for use in accessing the OpiniaPic Services.

OpiniaPic allows business members, who have registered as such, to upload pictures with the express purpose of promoting their business, and to transfer uploaded picture sets to others (presumingly their clients). Otherwise,this license does not include any resale or commercial use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, without express written consent of OpiniaPic. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of OpiniaPic and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing OpiniaPics name or trademarks without the express written consent of OpiniaPic.



DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1.     YOUR USE OF THE OpiniaPic SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE OpiniaPic SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE ARE PROVIDING OpiniaPic AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT WHEN YOU ACCESS, DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS, IT IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

2.     OpiniaPic IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

3.     OpiniaPic AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE OpiniaPic SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE OpiniaPic SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OpiniaPic SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE OpiniaPic SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.



LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT OpiniaPic AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL NOT EXCEED THE AMOUNT PAID BY YOU TO OpiniaPic IN THE THREE MONTHS PRECEEDING THE CLAIM. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

 

INDEMNIFICATION

You agree to indemnify and hold OpiniaPic and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the OpiniaPic Services, your use of the OpiniaPic Services, your connection to the OpiniaPic Services, your violation of the TOS, or your violation of any rights of another.

 

MEMBER ACCOUNT, PASSWORD AND SECURITY

You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use, or otherwise.

If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.

TERMINATION

You may terminate your OpiniaPic account, any associated email address and access to the OpiniaPic Services by submitting such termination request to OpiniaPic.

6.     You agree that OpiniaPic may, without prior notice, for any reason, or no reason, immediately terminate, limit your access to or suspend your OpiniaPic account, delete your profile and any content or information that you have posted on the Site or through any Platform Application, prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application), and/or change or discontinue any or all of the Services provided on the Site or any Platform Application. Under no circumstance shall we be liable to any third party for taking any of these actions. If you are a paying customer our maximal liability to you will be the monetary worth of the unused portion of your subscription or credits. You acknowledge that if no fees were paid to the company for the service you will not receive any compensation whatsoever. We will not be limited to the remedies above if you violate these Terms.

7.     Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site.

 

NOTICE

OpiniaPic may provide you with notices, including those regarding changes to the TOS, by methods including by but not limited to email, regular mail, SMS, MMS, text message, postings on the OpiniaPic Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the OpiniaPic Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the OpiniaPic Services in an authorized manner.

 

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of OpiniaPic or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of OpiniaPic, with copyright authorship for this collection by OpiniaPic, and protected by international copyright laws.

 

TRADEMARK INFORMATION

You agree that all of OpiniaPic's trademarks, trade names, service marks and other OpiniaPic logos and brand features, and product and service names are trademarks and the property of OpiniaPic Inc. (the "OpiniaPic Marks"). You agree not to display or use OpiniaPic's trademarks in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits OpiniaPic. All other trademarks not owned by OpiniaPic or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by OpiniaPic or its subsidiaries.

 

UNAUTHORIZED USE OF MATERIALS

Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send us notification immediately. To be effective, the notification must include:

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).

2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.

3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).

4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).

5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."

6. Include the following statement: "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."

7. Sign the paper.

GOVERNING LAW

This site can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of any court located in the county of Santa Clara, California or the U.S. District Court for the Northern District of California with respect to such matters, 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.

GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and OpiniaPic and governs your use of the OpiniaPic Services, superseding any prior version of this TOS between you and OpiniaPic with respect to the OpiniaPic Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other OpiniaPic services, affiliate services, third-party content or third-party software.

Waiver and Severability of Terms. The failure of OpiniaPic to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your OpiniaPic account is non-transferable and any rights to your OpiniaPic ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the OpiniaPic Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

 

VIOLATIONS

Please report any violations of the TOS to our customer care group.

Last updated February 26, 2013