Oppa Terms of Use Agreement
Welcome to Oppa, operated by Oppa Inc., (hereinafter referred to as the “Company” or as “Oppa”). If
you wish to become a member of the Oppa service (“Service”), please take the time to read and
understand our Terms of Use Agreement. Please also read the Oppa Privacy Policy which is
referenced into this Agreement. Both the Terms of Use and Privacy Policy are made publicly available
on the Service, Website, and App in multiple locations, including but not limited to Signup, Settings,
and Billing sections.
These Terms of Use affect your legal rights and obligations. By clicking through or accessing
the website and/or the Oppa mobile application (the “App”), you hereby agree and consent to
be bound by these Terms of Use (“Agreement”), whether or not you are a member of Oppa. If
you do not agree with the terms of this Agreement, including the Oppa Privacy Policy, or you do
not or cannot comply with its provisions, DO NOT USE the App or Service and DO NOT CLICK
through to accept these Terms of Use within the App.
Please take the time to read through these Terms of Use as the App and Service would not be
provided without such terms and limitations. If you become dissatisfied in any way with the Oppa App
or Service, your sole and exclusive remedy is to stop your use of the App or Service. The Terms of
Use herein, including the Disclaimers and Limitation of Liability provisions detailed is a fundamental
element of the basis of the bargain and reflects a fair allocation of risk. You agree that the Terms,
limitations and exclusions of liability, disclaimers and exclusive remedies detailed herein will survive
even if found to have failed in their essential purpose. You agree that disputes between you and Oppa
will be resolved by binding, individual arbitration only and you agree to waive your right to participate
in any class action lawsuit or class wide arbitration.
This Agreement is a legally binding electronic contract and by clicking through to accept our Terms of
Use or by using our Service, you are fully and unconditionally agreeing to all the terms and conditions
of this Agreement. Because the Service is provided electronically, you consent to Oppa providing
information electronically to you, including but not limited to all notices, disclosures, documents, or
records, and including these Terms of Use and Privacy Policy. The terms and conditions of this
Agreement are subject to change, and you agree that we may notify you of the updated Terms of Use
by electronically posting them on the App, and that your use of the App after the effective date of the
updated Terms of Use constitute your agreement to the updated Terms of Use.
1. Acceptance and Eligibility
a. This Agreement is a legally binding electronic contract that details the full terms and
conditions you must accept to use the Service, including the Company’s Privacy Policy.
The term “Member” “User” or “Premium Member” shall mean any person who provides
information to the Company on the App to participate in the Service in any manner,
whether such person uses the Service as a free member or as a paid premium member.
b. You represent and warrant that you are at least sixteen (16) years of age to use the App.
No user under sixteen (16) is allowed to create an account or use the Service. By using
the App, you represent and warrant that you have the right, capacity and authority to
enter into this Agreement and to abide by all of the terms and conditions of this
Agreement. If you are under 18 years of age, your parent or legal guardian must review
and agree to these Terms of Use as they constitute a binding contract. Our services are
not intended for – and we don’t direct them to – anyone under 16 and as so, we do not
knowingly collect personal information from anyone under 16.
Please note that the content users post on Oppa may contain sexually explicit content,
offensive language, nudity, suggestive themes, profanity, references to drugs and
alcohol, and other forms of unlawful, harassment, offensive, and sexually suggestive
content. Although Oppa forbids such pornographic, offensive, violent, defamatory,
harassing and unlawful content as further described in Section 5, you may still be
exposed to such content.
c. Using the Service may be prohibited or restricted in certain countries and if you use the
Service from outside of the United States, you are responsible for complying with the
laws and regulations of the territory from which you access or use the App or Service.
Membership in the Service is void where prohibited. You may not authorize others to
use your membership and you may not assign or transfer your account, account assets,
or account Content to any other person or entity.
d. You acknowledge that currently Oppa does not routinely screen its Users, inquire into
the background of its Users, attempt to verify information provided by its Users or
conduct criminal screenings of its Users. Oppa reserves the right, in its sole discretion,
to conduct such inquiries or screenings, although you acknowledge that Oppa is under
no obligation to conduct any such screenings or investigations.
e. You can deactivate your account by going to the “Settings” page on the App and click
“Deactivate Account.” Your Profile and Content will be deactivated and no longer
shown to others but it may take a reasonable amount of time for your Content to be
completely removed from public view within the App. Deleting the App itself off your
device will not delete your profile or content and you must click “Deactivate Account” to
deactivate your Account and remove your Content from our Service. We will save your
Profile and Content in the event you decide to restore your Account.
2. Membership
a. Oppa may approve, reject, hide, modify or delete a Member, Advertiser, or account on
its Service for any reason whatsoever and at any time, with or without notice.
b. You represent and warrant that all information you provide to Oppa is true and
accurate. To keep our community safe and to protect it from anonymous harassment,
Oppa enforces a Real Name Policy in that the name and information you register with
must match the name given on federal identifications or credit cards. The Edit Profile
section of our Service provides all Members the opportunity to correct any inaccurate
information, whether provided by them or linked from a third party such as Facebook.
c. Notwithstanding anything to the contrary herein, you acknowledge and agree that you
shall have no ownership or other property interest in the Account, and you further
acknowledge and agree that all rights in and to the account are and shall forever be
owned by and inure to the benefit of Oppa. For example, Oppa retains the full right to
refuse access to the Service to anyone for any reason at any time, force change or
forfeiture of any username for any reason, and edit, remove, block, or monitor Content
or accounts containing Content that we determine to violate these Terms of Use.
d. You may sign up as a Member of the App and allowed use of a limited set of features
and services available to free Members. You may only create one unique profile for use
of the Services. Additional premium features and services, including but not limited to
full messaging functionality are only provided to paid, premium members of the Service
(“Premium Member”) uploading real currency into their account storage medium. You
hereby acknowledge and agree that you may not be provided access to use all of the
features and services available unless you are a paying Premium Member and even
then some features and services may be limited to you. All member profiles, whether
that of a Premium Member or non-Premium Member, may remain posted on the App
even if that Member is not actively using the Service. To remove your profile from public
view, please go to the “Settings” page of the App and click to deactivate your account.
e. Members may not use the App or Service in connection with any commercial
endeavors, as it is intended for personal use only. Organizations, businesses, and
commercial entities may not become Members and are only entitled to use the App or
the Service as an approved and paid Advertiser account (“Advertiser”). Advertisers are
subject to all the same terms and conditions of this Agreement in its entirety, without
offset or deduction. Any and all terms designated as applying to Members and/or
Premium Members herein shall also apply to Advertisers, even if those terms are
explicitly labeled or designated as pertaining to “Users”, “Members” and/or “Premium
Members.” Illegal and/or unauthorized uses of the App, including collecting user names
and/or email addresses of Members by electronic or other means for any purpose may
be investigated and appropriate legal action may be taken, including without limitation,
civil, criminal, and injunctive redress.
f.
Although it is the intention of the Company for the Service to be available as much as
possible, Oppa does not guarantee that the App will be partially or fully operational,
secure, or may function in a usable or uninterrupted manner and that the Service may
be interrupted for example during maintenance, upgrades, emergency repairs, or
failures of telecommunication equipment or internet connection. You acknowledge and
agree that any Content or personal information you provide through the App may not be
secure. The Company reserves the right at any time to modify, automatically update,
interrupt, or discontinue the App, Service or any specific functionality thereof, whether
unintentional or intentional, temporary or permanent, with or without notice, and for any
reason whatsoever. You acknowledge and agree that in no event shall the Company, its
affiliates or its partners be liable, either directly or indirectly, for any losses or damages
whatsoever, whether direct, indirect, general, special, compensatory, consequential,
and/or incidental, arising out of or relating to any errors in functionality, protection of
personal information or Content, security, its real currency or promotional currency
system or other payment system for maintaining or achieving an account balance, or
any modification, interruption, or suspension of the Service.
g. Oppa is not responsible for maintaining the security of your account. Your account
information may have been entered using a third party interface such as Facebook or
PayPal and our security may be linked to your usage and connection to such third party
interfaces. Furthermore, the App may contain links to other sites, and Oppa does not
control the information collection or security of sites that can be reached through links
from within the Oppa App. Any information or Content on the App may be read or
intercepted by others, even if there is a special notice that a particular transmission is
encrypted. You are responsible for maintaining the confidentiality of your username and
password, including the username and password of such third party interfaces linked to
Oppa, and acknowledge that Oppa is not responsible for third party access to your
account that may result from theft of your username or password or lapses in security
in the Oppa hardware, software, or network. You agree to immediately notify the
Company of any unauthorized use of your account or any other breach of security.
h. You acknowledge and consent to receive communications, administrative and
promotional information from the Company, its Advertisers and its partners, including
mobile app communications, the sharing of geolocation data, emails, telephone calls,
and communication from the use of test, promotional and administrator profiles for the
purpose of improving the functionality and service quality of the App.
3. Term and Termination
a. This Agreement will remain in full force and effect while you use or access the Service
and/or are a Member or Advertiser of the App. You may terminate your membership at
any time and for any reason by following the instructions on the Deactivate Account or
similar section on the App or by sending written notice of termination effective within
thirty (30) days upon certified receipt of notice. The Company requires a reasonable
amount of time to process the cancellation.
b. The Company may terminate or suspend your membership in the Service at any time
without notice if the Company believes that you may have breached this Agreement, or
for any other reason, with or without cause, and at its sole discretion. If you cancel your
membership or the Company terminates your membership in the Service for any reason
whatsoever, you will not be entitled to any refund of unused membership fees or
unused credits. The Company is not required to disclose, and may be prohibited by law
from disclosing, the reason for the termination or suspension of your account. After
your account is terminated, the terms of this Agreement survive such termination and
shall continue in full force and effect.
c. Canceling a paid membership will not automatically cancel your membership as you will
remain a free viewable member on the App. If you are a Premium Member and you
cancel your paid status but not your membership, you will continue to be a Member in
the Service and others may view your profile and engage with you on the Service.
4. Content, Use, and Interaction
a. You are solely responsible for any Content you post, upload, publish, link to, transmit,
record, display, or otherwise make available (collectively “post”) on the Service or
transmit to other users, and solely responsible for your interactions with other users and
understand that the Company does not conduct background verification or any sort of
prior screening on its users. You represent and warrant that all posts and Content,
including Content submitted from your Facebook account, is accurate and that you
have the right to post the Content on the Service and grant the licenses mentioned in
this Agreement. The Company makes no representations or warranties as to the
conduct of users or their compatibility with other users.
b. Oppa does not claim ownership of any Content that you post on or through the Service.
Instead, by posting Content to any public area of the App, you automatically grant to
the Company, its affiliates, subsidiaries, officers, agents, partners, licensors, and
employees, an irrevocable, perpetual, non-exclusive, fully paid-up and royalty free,
transferable worldwide right and license to (1) use, host, copy, store, perform, display,
reproduce, record, play, adapt, edit, modify, broadcast, promote, publish and distribute
the Content in any form and in any and all media or distribution methods now known or
hereafter created, (2) prepare derivative works of the Content or incorporate the
Content into other works, and (3) grant and authorize Oppa and our partners the
unrestricted, worldwide perpetual right and license of the foregoing in addition to use
your name, likeness, feedback, voice, and Content in any and all media now known or
hereafter created, and (4) you agree you are not entitled to any compensation from
Oppa and our partners if your name, likeness, voice, or Content is used in any way, or
in the Service or towards the benefit of the Service or Company, and (5) allow coregistration, access, viewing, and the duplication of your Content on the partner
platforms of Oppa.
c. Any content you post will be non-confidential and non-proprietary and Oppa is not
liable for any use or disclosure of your Content. You acknowledge and agree that your
relationship with Oppa is not a confidential, fiduciary, employee, or other type of special
relationship and that your decision to submit any Content or work with Oppa to
promote or on anything regarding the Service does not place Oppa in a position that is
any different from the position held by members of the general public, including with
regard to your Content. None of your Content will be subject to any obligation of
confidence on the part of Oppa, and Oppa will not be liable for any use or disclosure of
any Content you provide.
d. The Company is not responsible for the conduct of any user and in no event shall the
Company, its affiliates or its partners be liable, either directly or indirectly, for any losses
or damages whatsoever, whether direct, indirect, general, special, compensatory,
consequential, and/or incidental, arising out of or relating to the conduct of you or
anyone else in connection with the use of the Service including, without limitation,
death, bodily injury, emotional distress, and/or any other damages resulting from
viewing, communications or meetings with any users or persons you meet through the
Service. You agree to take all necessary precautions in all interactions with other users.
e. You agree that Oppa may, at its sole discretion, with or without notice, access, screen,
store, review, block, alter and delete any and all Content and information posted or
transmitted, including but not limited to profiles, profile information, messages, chat
logs, photos, videos, transactions, and promotional currency (collectively “Content”).
You are solely responsible for the Content you post, upload, publish, link to, transmit,
record, display, or otherwise make available on the Service or transmit to other
Members and Oppa has no obligation to display or review your Content.
f.
Any Content that Oppa believes to violate this Agreement may be hidden, modified, or
deleted by Oppa without notice. The following actions are strictly prohibited and you
may not do, post on the App, or transmit any Content that is (1) inaccurate, false, or
misleading, (2) illegal or encouraging others to engage in illegal activity, (3) sexually
oriented, obscene or pornographic, promoting prostitution or escort services (4)
material that may be construed as or promoting racism, bigotry, or physical harm, (5)
duplication of Content, be in possession or have access to more than one account, or
buy, sell or lease access to multiple accounts (6) harassing, demeaning, intimidating,
stalking, trolling, or other similar activities (7) any material that violates or infringes upon
another person’s rights, (8) impersonations or misrepresentations (9) monetary requests
or intentions to defraud, (10) solicitation or transmission of junk mail, unsolicited
messages, spam, viruses, trojans, worms, disruptions to user experience such as
flooding, overloading, or crashing, automated bot services, spiders, data mines, or
other harmful codes (11) defamatory or libelous, (12) commercial activities or
promotions such as contests, advertising and pyramid schemes, (13) packaging,
pooling, bundling or transfers of account currency or promotional currency between
multiple accounts, (14) bundling, discounting, structuring, or resale of account currency
or promotional currency in any way, shape, or form, (15) any personal information of
other Members, (16) proprietary Content or unauthorized Content not owned by you,
including any attempt to sublicense, reverse engineer, or decipher the App or Service,
(17) shows another person which was created or distributed without that person’s
consent, (18) incorporates the likeness or image of other persons under 18 years of
age, and (19) anything that does not comply with all applicable laws and regulations.
g. You acknowledge and agree that other Members may post inaccurate, false or
misleading information, may create inaccurate, false or misleading profiles, and that
communications from such persons may not be true, accurate or authentic and may be
exaggerated or based on fantasy. You acknowledge and understand that you may be
communicating with such persons and that Oppa does not verify such identities and is
not responsible for such communications.
h. You acknowledge and agree that the Company may access, preserve, limit, record, and
disclose your account information and Content for any reason whatsoever, including
but not limited to requirements by law or good faith belief that such access,
preservation, limitation, recording, or disclosure is reasonably necessary whether to
comply with this Agreement, protect the rights of the Company in recovering damages,
protect the rights of a Member or any other person, or to comply with the law.
i.
Content not posted by yourself or other members belongs to Oppa. Any text, content,
graphics, user interfaces, trademarks, logos, sounds, artwork, animations, and any and
all other intellectual property appearing on Oppa are owned, controlled or licensed by
us and are protected by copyright, trademark and other intellectual property rights. All
right, title and interest in and to Oppa Content remains with the Company at all times.
j.
Oppa owns, has licensed, or otherwise has rights to use all of the Oppa generated
content that appears in the Service (“Oppa Content”). You agree that you have no right
or title to any Oppa Content that appears in the Service not posted by you including,
without limitation, ownership or property interest in the Account and the user rewards
whether earned on the Service or purchased from Oppa, or any other attributes
associated with an Account or stored on the Service. You acknowledge and agree that
all rights in and to the Account and the user rewards appearing or originating in the
Service or on Oppa shall forever be owned by and inure to the benefit of Oppa.
5. Account and Account Balances
a. Oppa is free to use as a social networking app, and you do not need to maintain an
account balance to use our Service. If you do hold a balance, the Company will hold
your funds in a pool of user account balances separate from its corporate funds, and
will not use your funds for its operating expenses or for any other corporate purpose.
b. Oppa provides for a current account system in which Premium Members may upload
real account currency (currently in US Dollar terms) into their account which shall reside
in an account storage medium (“Piggy Bank”, also currently in US Dollar terms). Users
may use, transfer, and share this real account currency (“real currency”) with other
Members of the Service, subject to the provisions detailed in these Terms of Use.
c. Oppa allows Premium Members of the Service to withdraw money uploaded using a
valid and verified PayPal account. Premium Members may withdraw such real currency
at set intervals (currently set at $25 US Dollars) of which Oppa may retain a processing
fee (currently 20%). This processing fee is generally used to offset the cost of credit
card fees for money added into the Service, PayPal fees for money withdrawn from the
Service, and operating expenses. Any real currency uploaded by a user onto the Oppa
Service not shared or transferred to another user may be withdrawn by the uploading
user at this set withdrawal interval and processing fee but limited only to the same
maximum that the Premium Member has loaded into their account in real currency.
d. Company is not a bank or chartered depository institution and funds held by Company
or its service providers in connection with the processing of transactions and
withdrawals are not deposit obligations and are not insured for the benefit of the user
by the Federal Deposit Insurance Corporation (FDIC) or any other governmental agency.
Funds held in balance are an ancillary function of enabling money transmission and the
sharing of financial avatars between users and not for any other benefit. Memberships
on Oppa are not bank accounts, and the account currency on Oppa are not financial
instruments and the Company is not a regulated financial institution.
e. Oppa retains the right to set withdrawal limits, change the withdrawal or processing fee,
investigate suspicious transfers and high risk payments, adjust account balances for
suspicious activity, cancel payments and withdrawals, and/or otherwise change the
Terms of your Account at our own discretion.
f.
Premium Members are billed by the Company through an encrypted online payment
service for use of the Service and/or to add account currency to their account storage
medium. Any payment chargeback or request for refund will result in the automatic
termination of your account and all the Content within your account. You also agree
that, in the event your Oppa account is canceled, deleted, inaccessible or suspended,
whether by you, the Company or for any technical reason, any held, remaining or
unused account currency tied to your account may be lost, forfeited or deleted and no
refunds will be issued for any remaining or unused membership or account currency
that cannot be accessed by the Company.
g. You agree that all payments and transfers made on the App, even by mistake or
through third party access to your account, are final. Should a chargeback or payment
dispute be initiated with your bank, you agree that you will be held responsible for any
outstanding balance owed to us plus any chargeback fees, which may be as high as
$50. You agree that you will pay the balance within thirty (30) days from the date of
notification, and agree to pay for the collections of the outstanding balance added to
the amount you owe.
h. You agree that you will not receive interest or other earnings on the funds that the
Company handles for you and places in pooled accounts. Company does not typically
receive interest on funds held for its users. However, in consideration for your use of
the Service, you irrevocably transfer and assign to Company any ownership right you
may have in any interest that may accrue on funds held in pooled accounts.
i.
You acknowledge and agree to provide current, accurate, and complete billing
information, including payment method, credit card number, credit card expiration date,
credit card security code, billing address, billing zip code and email information, along
with any additional identification requested to verify the user to the user’s payment
information. You must promptly notify the Company if your payment method is
canceled, lost, stolen, or you become aware of a breach of security.
6. Proprietary Rights and Copyrights
a. Oppa owns and retains all proprietary rights in the App and the Service absolutely and
in all Content, trademarks, copyrights, trade names, patents, patents pending, licenses,
service marks, promotional currency, financial avatars, and other intellectual property
rights related thereto, whether registered or unregistered. You agree not to copy, sell,
transmit, publish, distribute, perform, display, or create any such proprietary or
derivative works accessible on the App or through the Service without first obtaining
the prior written consent of the Company.
b. You may not post any copyrighted material without first obtaining prior written consent
of the owner of such copyright. If you believe your work has been copied and posted on
the Service in any way that constitutes copyright infringement, please provide us with
complete validation of your copyright in the form of a DMCA Takedown Notice to
[email protected]. In filing a notice for copyright claim, you must comply with
the requirements set forth in accordance with the Digital Millennium Copyright Act 17
USC 512(c)(3), in that the notice must (a) contain the physical or electronic signature of
a person authorized to act on behalf of the copyright owner (b) identify the copyrighted
work claimed to have been infringed (c) identify the material that is claimed to be
infringing and that is to be removed and information reasonably sufficient to allow us to
locate the material, (d) provide your contact information including your address,
telephone number and an email address, (e) provide a personal statement that you have
a good faith belief that the use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law, and (f) provide a statement that
the information in the notification is accurate and, under penalty of perjury, that you are
authorized to act on behalf of the copyright owner.
c.
As a Member, you hereby grant, represent, and warrant that you will not create any
form of product or service that may be competitive with the software, App or Service,
including but not limited to, Apps, databases, software, mobile applications, legal
entities, and/or any related service. All terms of this non-competitive clause and
Agreement shall survive the termination of your membership for any reason.
d. You may not reverse engineer or attempt to reverse engineer, decompile, or
disassemble the software, App or Service. You may not modify, alter, decompile,
disassemble, reverse compile or otherwise reduce to human readable form, or create
derivative works of the software, App, or Service without the prior written consent of the
Company or its licensors, as applicable.
7. Disclaimers
a. Oppa provides the Service on an “as-is” and “as-available” basis and grants absolutely
no warranties or representations of any kind, whether expressed, implied, statutory, or
otherwise with respect to the App or the Service including but not limited to fitness for a
particular purpose, title or non-infringement. Should applicable law not permit the
foregoing exclusion of express or implied warranties, then we grant the minimum
express or implied warranty required by applicable law. No advice or information,
whether oral, marketed, or written, shall create any warranty, representation or
guarantee not expressly stated herein.
b. The Company reserves the right at any time to modify or discontinue, whether
temporarily or permanently, the Service (or any part of the Service) with or without
notice. You agree that the Company shall not be liable to you or to any third party for
any modification, suspension, or discontinuance of the Service.
c. You are responsible for any mobile charges that you may incur for using our Service
including text messaging and data charges. If you change or deactivate the mobile
phone number, Facebook account, or email address that you used to create your Oppa
account, you must update your account information through Settings within 24 hours to
prevent us from sending communications to someone else that were intended for you.
d. The Company does not represent or warrant that the App or Service or that any
Content you post, upload, or transmit on the Service will be uninterrupted, timely,
secure, or error free, or that any defects or errors on the App or in the Service will be
corrected. You understand and agree that the Company may automatically update the
App or Service without notice. You acknowledge and agree to hereby waive any and all
claims and causes of action with respect to any damage to your computer system,
mobile device, internet access, download, display, or mobile device, or loss or
corruption of data, including loss or corruption of real currency or promotional currency
that may result from the use of the App or Service. The use of the App and Service is at
your own discretion and risk. If you do not accept this limitation of liability, you are not
authorized to access, obtain, or download any material through the App or Service.
e. Oppa is not responsible for any of the following: (1) the conduct, whether online or
offline, of any user of the App or Member of the Service; (2) the accuracy, quality,
safety, or legality of the Members themselves or any Content posted by Members; (3)
any lapse in security, theft, alteration, unauthorized access, or destruction of Member
communication, promotional currency, avatars, and Content; (4) any technical
malfunction, defect, problem, or failure of any kind, including but not limited to those
related to software, database, servers, providers, equipment, and traffic congestion;
and (5) any specific results from use of the App and the Service, whether expressed or
implied. Oppa does not endorse any of the Content posted on our Service.
f.
Memberships on Oppa are not bank accounts, and the account currency and
promotional currency on Oppa are not financial instruments and the Company is not a
regulated financial institution. Even though it may not seem obvious or evident, the
promotional currency on the App and Service has no cash or monetary value and are
for entertainment purposes only. Oppa is not responsible for any loss or damage from
the use of the App or Service in regards to its account balances system, including but
not limited to any data loss, corruption of data, server failure, forgotten or shared
passwords, incorrectly constructed transactions, mistyped recipient addresses, or
“phishing” or other Apps masquerading as Oppa. Data, real currency, promotional
currency, and Content on Oppa servers or infrastructure may become unavailable,
corrupted, congested, stolen, altered, or destroyed.
g. Oppa is not responsible for any loss or damage, including personal injury or death,
resulting from anyone’s use of the App or the Service, any Content posted on the App
or transmitted to Members, or any interaction or contact between users of the App
whether online or in person.
h. Oppa is not responsible for maintaining the security of your account or your account
information, whether directly or through third party user interfaces such as Facebook
and PayPal. Any information or Content on the App you upload or post may be read or
intercepted by others, even if there is a special notice that a particular transmission is
encrypted or is intended for the viewing of a limited group of Members. You are
responsible for maintaining the confidentiality of your username and password, and
acknowledge that Oppa is not responsible for third party access to your account that
may or may not result from theft of your username or password or lapses in security in
the Oppa hardware, software, or network.
8. Limits on Liability, Indemnity, Disputes, and Arbitration
a. You acknowledge and agree that, to the fullest extent allowed by applicable law, in no
event will the Company, its affiliates, subsidiaries, officers, agents, partners, licensors,
and employees be liable to you or any third person for any consequential, incidental,
indirect, exemplary, special or punitive damages including but not limited to damages
for loss or corruption of data or programs, loss or change of account balance, real
currency, promotional currency, income, profit, or goodwill, service interruptions and
procurement of substitute services, damage to property and claims of third parties
arising out of your access to or use of the App, Service or Content, or any member
Content however caused whether based on breach of contract, tort, negligence,
proprietary rights infringement, product liability or otherwise, even if the Company
knows or has been advised of the possibility of such damages. The foregoing shall
apply even if Oppa is advised of the possibility of such damages.
b. You acknowledge and agree that, notwithstanding anything to the contrary contained
herein, some states do not allow the disclaimer of implied warranties or the exclusion or
limitation of certain types of damages so these provisions may not apply to you. If any
portion of this limitation of liability is found to be invalid or unenforceable for any
reason, the liability of the Company and/or its affiliates, subsidiaries, officers, agents,
partners, licensors, and employees to you for any cause whatsoever and regardless of
the form of the action will at all times be limited to the amount paid, if any, by you to
Oppa for the Service during the term of the membership in an amount not to exceed ten
dollars ($10). All Content you upload or post to the App or Service shall fall under this
purview and shall have no monetary value. You 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 App or Service or the terms of this Agreement must be filed within three (3) months
after such claim or cause of action arose or be forever barred.
c. If you become dissatisfied in any way with the Oppa App or Service, your sole and
exclusive remedy is to stop your use of the App or Service. The Disclaimers and
Limitation of Liability provisions detailed is a fundamental element of the basis of the
bargain and reflects a fair allocation of risk. The App and Service would not be provided
without such limitations and you agree that the limitations and exclusions of liability,
disclaimers and exclusive remedies detailed herein will survive even if found to have
failed in their essential purpose.
d. You acknowledge and agree to indemnify, save, and hold Oppa and its affiliates,
subsidiaries, officers, agents, partners, licensors, and employees harmless from any
and all claims, actions, damages, demand, liability, and expense, including reasonable
attorney’s fees, made by you or any third party due to or arising out of your breach of
your representations and warranties contained herein, or the failure to comply with this
Agreement, any Content you post onto the App or as a result of the Service, and the
violation of any law or regulation by you. This indemnity shall be applicable without
regard to the negligence of any party including any indemnified person or entity. Oppa
retains the exclusive right to settle and/or pay any and all claims or causes of action
which are brought against us without your prior consent and if asked, you agree to
cooperate fully as required by us in the defense of any relevant claim.
e. You acknowledge and agree that any dispute or claim arising out of or relating to this
Agreement shall be resolved exclusively by final and binding arbitration administered by
the American Arbitration Association. In agreeing to click through to accept these
Terms of Use and use the App or the Service in any manner, you agree to forfeit your
right to go to court to assert or defend any claims between you and the Company. You
also acknowledge and agree to give up and forfeit your right to participate in a class
action or other class proceeding. You understand and acknowledge that by agreeing to
binding arbitration, you are giving up the right to litigate (or participate in as a party or
class member) all disputes in court before a judge or jury. In a binding arbitration, your
rights will be determined by a neutral arbitrator, not a judge or a jury. You are entitled to
a fair hearing before the arbitrator and decisions by the arbitrator are enforceable in
court. This Agreement and any dispute between you and the Company shall be
governed by the laws of the state of Delaware without regard to principles of conflicts
of law, provided that this arbitration agreement shall be governed by the Federal
Arbitration Act. In the event that this arbitration agreement is for any reason held to be
unenforceable, any litigation against the Company may be commenced only in the
federal or state courts located in Delaware. You hereby irrevocably consent to the
jurisdiction of those courts for such purposes.
f.
You acknowledge and agree that any proceedings to resolve or litigate any dispute,
whether in arbitration, in court or otherwise will be conducted solely on an individual
basis and that neither you nor the Company will seek to have any dispute heard as a
class action, a representative action, a collective action, a private attorney-general
action, or in any proceeding in which you or the Company acts or proposes to act in a
representative capacity. You and the Company further agree that no arbitration or
proceeding will be joined, consolidated, or combined with another arbitration or
proceeding without the prior written consent of you, the Company and all parties to any
such arbitration or proceeding.
9. Other Provisions
a. Entire Agreement. This Agreement, consisting of the Terms of Use and the Privacy
Policy, contains the entire agreement between you and the Company regarding the use
of the App and/or Service and supersedes anything communicated on the App,
Service, or any promotional Content, whether expressed or implied.
b. Severability. If any provision of this Agreement is held invalid or found unenforceable,
then that provision will be severed from these Terms of Use and not affect the validity
and enforceability of any of the remaining provisions, and the remainder of this
Agreement shall continue in full force and effect.
c. No Waiver or Agency. The failure of the Company to exercise or enforce any right or
provision of this Agreement shall not constitute a waiver of such right or provision. No
agency, partnership, joint venture or employment is created as a result of this
Agreement and you may not make any representations or bind Oppa in any manner.
d. All Rights Reserved. These Terms do not create or confer any third party beneficiary
rights, and Oppa reserves all rights expressly not granted to you. Unless otherwise
stated, the Agreement will survive termination of your registration to the Service.
e. Amendment. This Agreement is subject to change by the Company upon notice which
shall be provided in electronic or email form, the revised terms which will be effective
immediately upon posting on the App or your use of the Service after such posting will
constitute acceptance by you of the revised Agreement. Oppa reserves the right, at any
time and from time to time, to update, revise, supplement and otherwise modify this
Agreement and to impose new or additional rules, policies, terms or conditions on your
use of the Service. Such updates, revisions, supplements, modifications and additional
rules, policies, terms and conditions will be effective immediately and incorporated into
this Agreement. Your continued use of the Service following will be deemed to
constitute your acceptance of any and all such updated terms, and all updated terms
are hereby incorporated into this Agreement by this reference.
f.
Special State Terms. Premium Members residing in Arizona, California, Connecticut,
Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, and Wisconsin may cancel
this Agreement without penalty at any time within three business days of this Contract,
for a full refund of your membership fee, by mailing or delivering a signed and dated
notice which states your cancellation.
g. Governing Law. Oppa Inc is a Delaware corporation. Your access to the App, Content,
as well as these Terms of Use are governed and interpreted by the laws of the State of
Delaware. By using the App, you are consenting to the exclusive jurisdiction of the
courts of the United States and the State of Delaware. You agree that such courts shall
have in personam jurisdiction and venue and waive any objection based on
inconvenient forum. In the event there is a discrepancy between this English language
version and any translated copies of the Terms of Use, the English version shall prevail.
h. International Users. The Oppa Service is hosted in the United States and is directed
mainly to users in the United States. If you are a user accessing the Service from the
European Union, Asia, or any other region with laws or regulations governing personal
data collection, use, and disclosure, that differ from United States laws, please be
advised that through your continued use of the Service, which are governed by
Delaware law, this Terms of Use and our Privacy Policy, you are transferring your
personal information to the United States and you expressly consent to that transfer
and consent to be governed by United States and Delaware law for these purposes.
i.
Contact. Oppa welcomes all comments, questions, concerns, or suggestions. Please
send us feedback by emailing us at [email protected].