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ACCEPTANCE OF TERMS
NOTIFICATION OF CLAIMS OF INFRINGEMENT
THIRD PARTIES, THIRD PARTY SITES, AND CONTENT
EXPORT CONTROL LAWS
PRIVACY AND INFORMATION DISCLOSURE
DISCLAIMER OF WARRANTIES
LIMITATIONS ON SERVICE
VIOLATION OF TERMS AND LIQUIDATION DAMAGES
ACCEPTANCE OF TERMS By accessing or using the Web Site in any way including, without limitations, browsing, submitting, or downloading any Content or merely browsing the Web Site, you expressly acknowledge and agree to and are bound by the TOU. Furthermore, when using any particular Opporton™ Service, you expressly acknowledge and agree to abide by any and all such applicable posted guidelines. Should you object to any terms or conditions of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with Opporton™ in any way, your only recourse is to immediately discontinue the use of the Web Site. Should you breach any of the TOU or should Opporton™, at its sole discretion, determine that your permission to use the Web Site has been revoked or suspended for any reason whatsoever and without prior notice, your authorization to use the Web Site automatically and immediately terminates; and any Content downloaded, printed, or otherwise made available from the Web Site must be immediately destroyed. In order to provide you with world-class Web Site Content and Service, it may be necessary for Opporton™ to update or revise certain provisions of the TOU. Opporton™ reserves the rights, at its discretion, to update or revise the TOU, in parts or in whole, with or without prior notice. Please review the TOU periodically because it may be modified and the modified TOU will be binding on you and Opporton™ effective immediately upon the publication of such modified TOU. Opporton™ also reserves the rights, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution, or any combination thereof. Your continued use of the Web Site constitutes:
The TOU constitutes the entire Agreement between you and Opporton™ and governs your use of the Service, superseding any and all prior Agreements between you and Opporton™. The TOU and the relationship between you and Opporton™ shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Opporton™ expressly acknowledge and agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Los Angeles, California. The failure of Opporton™ to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless expressly acknowledge and agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and that the other provisions of the TOU remain in full force and effect. You expressly acknowledge and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the TOU must be filed within one (1) year after such a claim or cause of action arises or to be forever barred.
PROPRIETARY RIGHTS You expressly acknowledge and agree that all Content available on the Web Site is protected to the maximum extent permitted by copyright, trademark, patent, trade secret, and other proprietary rights and laws as a compilation of and/or collective work under both United States and international laws. You also expressly acknowledge and agree to abide by any and all copyright notices displayed on the Web Site. Any reproduction, modification, duplication, copy, republishing, display, framing, download, transmission, rental, loan, sell, assignment, distribution, reverse engineering, adaptation, editing, creation of derivative works of the Web Site or any portion thereof or otherwise make available to any other server or location for further reproduction, redistribution, or otherwise make available is prohibited without the express written consent of Opporton™. Without limiting the foregoing, you expressly acknowledge and agree not to store, reproduce, transmit, publicly display, publicly perform, publish, distribute, broadcast, duplicate, copy, sell, resell, exploit or otherwise make available any Content for commercial purposes or for any purpose other than your own personal use without the express written consent of Opporton™. Any unauthorized reproduction, modification, duplication, copy, republishing, display, framing, download, transmission, rental, loan, sell, assignment, distribution, reverse engineering, adaptation, editing, exploitation, creation, or otherwise make available any Content may subject you to legal action by Opporton™ and by any and all third-party licensors against you. In the event that a third party brings any and all legal actions against you, you expressly acknowledge and agree to hold harmless Opporton™ and Opporton™ Group (hereinafter collectively referred to as the "Group").
USER SUBMISSIONS Opporton™ does not claim ownership of the Content that its members post. Generally, any Content that you submit to the Web Site is considered to be non-confidential. If certain Web pages (hereinafter collectively referred to as "Web Pages") permit the submission of a Content that is treated by Opporton™ as confidential, such a fact will be stated in Legal Notices on such Web Pages. You MUST NOT post, email, initiate, collect, or otherwise make available:
By posting Content to any area of the Service, you also expressly acknowledge and agree that:
By posting Content to any area of the Service, you expressly acknowledge and agree that you automatically grant (and you represent and warrant that you have the rights to grant) Opporton™ all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any third party for any purpose. Furthermore, by posting Content to any area of the Service, unless specifically specify on such Web Pages, you expressly acknowledge and agree that you automatically grant Opporton™ an irrevocable, perpetual, non-exclusive, absolutely free or fully paid, royalty-free worldwide license:
NOTIFICATION OF CLAIMS OF INFRINGEMENT If you believe that your intellectual property rights have been infringed upon or otherwise violated, please contact us for notice of claims of copyright or other intellectual property infringement. Opporton™ will do its best to remove the infringing Content, subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA). Please provide us with the following Notice:
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Back to topEXPORT CONTROL LAWS The Service and the Content make available on the Web Site may be subject to export controls administered by the United States Department of Commerce, under the Export Administration Regulations (“EAR”), and other countries. Diversion contrary to U.S. and international law is prohibited. Export, re-export or import of certain Service and Content may require action on your behalf prior to purchase, download, or distribution. You expressly acknowledge and agree to comply with such restrictions and not to export, re-export or import any Service or Content available on the Web Site to any country, person, or entity prohibited under the export control laws. Ultimately, you expressly acknowledge and agree that it is your responsibility to comply with the requirements of the EAR and all applicable international, national, state, regional and local laws and regulations, including, without limitations, any applicable import and use restrictions. By purchasing any product, downloading any Content, or using any Service from the Web Site, you expressly acknowledge and agree to the foregoing and all applicable export control laws and that you are not in a country where such export is prohibited. For more information on export laws, please contact the U.S. Department of Commerce, Bureau of Industry and Security (BIS). More information on BIS can be found at www.bis.doc.gov.
Back to topINDEMNITY You expressly acknowledge and agree to defend, indemnify and hold Opporton™ harmless from any and all liabilities, actions, claims, and expenses, including, without limitations, reasonable attorneys’ fees and court costs, alleging, resulting, or made by any third party due to or arising out of Content you submit, post or otherwise make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, your violation of any rights of another individual or entity, or otherwise any violation whatsoever. Opporton™ reserves the rights to provide notice to you of any such claim, suit, or proceeding and to assist you, at your own expense, in defending any such claim, suit or proceeding. Opporton™ also reserves the rights to assume the exclusive defense and control of any matter otherwise subject to your indemnification obligation.
Back to topDISCLAIMER OF WARRANTIES The Web Site and the Content are provided with all faults on an "As Is", "As Available" basis, and without warranty of any kind. Opporton™, to the fullest extent permitted by law, makes no representations or warranties with respect to the Web Site and the Content and hereby expressly disclaims all representations and warranties thereof, including, without limitations, any and all express or implied warranties and representations of merchantability, fitness for any particular purpose or use, title, non-infringement, defect free, virus free, interruption free, that errors will be corrected, of satisfactory quality, accuracy, reliability, completeness, or timeliness, unless such implied warranties are legally incapable of exclusion. Your use of the Web Site and the Content is solely at your own risk. If your use of the Web Site and the Content results in the need for servicing or replacing equipment or data or the like, Opporton™ is not responsible for any of those costs or any costs related to or arising out of such use.
Back to topLIMITATIONS ON SERVICE You expressly acknowledge and agree that Opporton™ may establish limits concerning the use of the Service, including, without limitations, You expressly acknowledge and agree that, under no circumstances shall Opporton™ be responsible or liable for the deletion or failure to store any Content maintained or transmitted by the Service. You expressly acknowledge and agree that Opporton™ reserves the rights at any time to modify or discontinue the Service (or any part thereof) with or without prior notice, and that Opporton™ shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Notwithstanding any other provision contained in this Agreement, Opporton™ shall not be liable for any direct, indirect, special, incidental, punitive, consequential or any other damages whatsoever, whether based on or arising in warranty, contract, tort (including negligence), or any other legal theory, including, without limitations, Such limitation shall also apply with respect to damages incurred by reason of other Service or Content received through or advertised in connection with the Web Site or the Service or any links on the Web Site, as well as by reason of any information or advice received through or advertised in connection with the Web Site or the Service or any links on the Web Site. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the liability of Opporton™ in such jurisdictions shall be limited to the extent permitted by law and that some of the foregoing limitations may not apply to you. The maximum aggregate liability that Opporton™ is liable for shall not exceed the actual amount that you have paid Opporton™ for its Service and/or Content.
Back to topTERMINATION Unless otherwise provided by the terms of a separate agreement between you and Opporton™, Opporton™ reserves the rights, in its sole discretion, at any time, with or without prior notice, for any reason including, without limitations, a lack of use or if Opporton™ believes that you have violated or have acted inconsistently with the letter or spirit of the TOU: You expressly acknowledge and agree that Opporton™ shall not be liable to you or any third party for any termination, removal, editing, or discontinuance under this Agreement. Furthermore, you expressly acknowledge and agree not to attempt to access or otherwise use the Service after such termination, removal, editing, or discontinuance and any attempt to access or otherwise use the Service after such termination may result in legal actions against you.
Back to topVIOLATION OF TERMS AND LIQUIDATION DAMAGES Since violations of the TOU might affect your use of the Service, please flag any violations for review by contacting us. Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches. You expressly acknowledge and agree that if it becomes necessary for Opporton™ to pursue legal action to enforce the TOU, you will be liable to pay Opporton™ the following amounts as liquidation damages plus any and all court and reasonable legal costs and fees: You expressly acknowledge and agree that Opporton™, in its sole discretion, may elect to issue or not issue a warning before assessing damages. Notwithstanding any other provision of the TOU, Opporton™ retains the rights to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or any combination thereof. Notwithstanding any other provision of the TOU in regard to liquidation damages, Opporton™ retains the rights to seek actual damages to the extent such actual damages can be reasonably calculated.
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