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 App and
Service 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 and 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.
This Agreement is a legally binding electronic contract and by clicking through to accept our Terms of Use
or by using our App or 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.
Arbitration Notice: 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.
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 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 delete 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 Profile and Content to be
completely removed from public view within the App. Deleting the App itself will not delete
your profile or content and you must click “Deactivate Account” to delete your Account.
We will save your Profile and Content in the event you decide to restore your Account.
2. Membership and Account
a. Oppa may approve, reject, modify or delete a Member, Advertiser, or account on its
Service for any reason whatsoever and at any time, with or without notice.
b. 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.
c.
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 and the transfer of online virtual items or virtual oppa dollars, are
only provided to paid, premium members of the Service (“Premium Member”). 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, please go to the
“Settings” page of the App and click to deactivate your account.
d. 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.
e. 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 virtual item system or other payment system
for maintaining or achieving a virtual account balance, or any modification, interruption, or
suspension of the Service.
f.
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 disclosure or unauthorized use of your account or any other breach of security.
g. 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. Virtual Items and User Rewards
a. Oppa owns, has licensed, or otherwise has rights to use all of the content that appears in
the Service or on Oppa (“Oppa Content”). Notwithstanding any provision to the contrary
herein, you agree that you have no right or title in or to any Oppa Content that appears in
the Service not posted by you including without limitation no ownership or other property
interest in the Account and the virtual items, virtual goods or virtual oppa dollars
appearing or originating in the Service or on Oppa, 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
virtual items, virtual goods or virtual oppa dollars appearing or originating in the Service
or on Oppa shall forever be owned by and inure to the benefit of Oppa.
b. Oppa provides for an online virtual item system in which paid Premium Members may
purchase, with “real-world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) virtual items and (b) virtual oppa dollars which
shall reside in a virtual account storage medium (“Piggy Bank”) and may be used to
share or transfer virtual items at a designated virtual item value (“Oppa Dollars”) to other
Members of the App, and for use in the Service. You understand and acknowledge that
you are not purchasing these virtual items and virtual oppa dollars and neither do you
own it, but rather so you are purchasing a limited, personal, non-transferable, non-sublicensable, and revocable license to use the virtual items and virtual oppa dollars. By
accepting these Terms, you agree that the use of Oppa Dollars may be purchased only
from Oppa and not from anyone else, and that Oppa is not required to provide a refund
for any reason and that these virtual items and virtual oppa dollars are for purely
entertainment purposes only, is not real currency, and has no real, cash, or monetary
value.
c.
Oppa may manage, regulate, control, modify, or eliminate virtual items, virtual oppa
dollars, and Rewards at any time, with or without notice and for any reason whatsoever.
For example, if you do not use your virtual items or oppa dollars for a period of ninety
(90) days, Oppa retains the right and option to place your virtual items and oppa dollars
on inactive status. In another example, Oppa may control that all virtual items, virtual
oppa dollars, virtual avatars shared or transferred to a receiving user (for example,
through Tip Jar or Drink Share features) are not refundable to the sending user, even if
transferred from accidentally, through a third party, or by mistake. Oppa shall have no
liability to you or any third party in the event that Oppa exercises such rights. All
purchases, inactive virtual items, inactive virtual oppa dollars, shares, transfers and
redemptions of virtual items and virtual oppa dollars made through the Service are final
and non-refundable. The provision of virtual items and virtual oppa dollars for use in
Oppa is a service provided by Oppa that commences immediately upon acceptance by
Oppa of your purchase.
d. Upon a Member reaching a specified virtual Piggy Bank total of the Company’s choosing,
the Company may, at its sole discretion and with no representation or warranty, whether
expressed or implied, offer a reward (“Reward” or “User Reward”) to the Member at its
own discretion and time frame of which the Company may choose to deduct any
percentage or amount as a processing fee. The Company has no obligation to honor this
Reward and reserves the full and unconditional right to change or modify terms of the
Reward including but not limited to the amount needed to trigger an elective Reward, the
successive increment amount, the Reward itself, the timeframe in granting the Reward,
and the processing fee.
e. Upon a Member accumulating the required minimum amounts in Rewards, you may elect
to have Oppa distribute your Reward by means of distribution made available through the
functionality of the Service. If you elect to close your Account and you have a positive
account storage medium balance exceeding the minimum amount required to elect a
Reward, you will be expected to elect such Reward prior to closing your Account. If your
Account is terminated by Oppa for any reason, or if you fail to property elect to distribute
your Rewards when closing your Account, or if at the time of closing you have less than
the amount required to elect a Reward, any rights you have to the virtual items, virtual
oppa dollars, virtual account balance, or Rewards in your account will terminate and you
will no longer be eligible to any of the virtual items, virtual oppa dollars, or virtual account
balance in your virtual account Piggy Bank storage medium nor to receive such Rewards.
Oppa may provide an option for you to transfer your virtual item and virtual account
storage medium to other Members or to donate your balance to a Charity Tip Jar which
will be donated to selected charities and nonprofit organizations. In donating any of your
virtual account balance to the Charity Tip Jar, Oppa will amalgamate and donate to
selected charities and nonprofit organizations an amount or amounts from the collective
total of the Charity Tip Jar in a reasonable time frame determined by Oppa.
f.
Any and all virtual items on the Oppa App and Service are defined in “oppa dollar” unit
value terms and are not real dollars or real currency, whether designated as oppa dollars
or by more universally recognized value, monetary, or currency symbols. For example,
any virtual items labeled with the “$” sign are labeled with the “$” sign as a universally
recognized value symbol and on the Oppa App and Service shall represent oppa dollars
with absolutely no monetary value as aforementioned, whether expressed or implied. In a
concrete example, a User sharing a $1 Drink with another User is sending one virtual
drink with the virtual value of one oppa dollar, and the one oppa dollar unit value is
transferred from the sending User’s Piggy Bank to the receiving User’s Piggy Bank, with
both Piggy Banks storing the collective value of all virtual items in virtual oppa dollar
terms. In another example, a User sharing a $0.10 Tip with another User is sending a
virtual tip with the virtual value of 1/10 of an oppa dollar, and the 1/10 oppa dollar unit
value is transferred from the sending User’s Piggy Bank to the receiving User’s Piggy
Bank, with both Piggy Banks storing the collective value of all virtual items in virtual oppa
dollar terms. In a final example, all Piggy Banks virtual account storage mediums may be
denoted in $ terms and represent the cumulative stored unit value of all virtual items and
virtual oppa dollars sent, received, or purchased, and the user acknowledges that the “$”
sign is a representation of virtual oppa dollars intended as a universal recognizable
symbol of unit value within the Oppa App or Service, and is not a representation or
warranty of real monetary currency, whether expressed or implied.
g. Premium Members accept and acknowledge that Premium Members are paying a
membership fee to the Company for its Service and in no way, shape, or form is the
Premium Member purchasing any form of real or virtual currency, whether expressed or
implied. Members and Premium Members are paying the Company to purchase a limited,
personal, non-transferable, non-sub-licensable, revocable license to use the virtual items
and virtual oppa dollars and increase the value of their virtual Piggy Bank which may then
be used to share virtual drinks and virtual tips with other Members and Premium
Members in order to provide entertainment value and access to premium features such
as chat with other Members. Premium Members paying a membership fee to the
Company to purchase a limited revocable license to increase the value of their Piggy
Bank are not storing real monetary value in their account or on our Service in any way,
shape or form. The online virtual items and virtual oppa dollars on the App and Service
has absolutely no real, cash, or monetary value, cannot be converted into real currency
at any time and is for informational and entertainment purposes only. If you do not agree,
please do not access the App or Service as the access or use of it constitutes
acceptance of all of the terms and conditions.
h. Your Membership account and/or virtual account storage medium (“Piggy Bank”) on
Oppa is not a monetary account. Virtual drinks, virtual tips, and virtual gifts shared with
you are added into your Piggy Bank in virtual oppa dollar terms and virtual drinks, virtual
tips, and virtual gifts you share with others are deducted from your Piggy Bank in virtual
oppa dollar terms. These virtual drinks, virtual tips, virtual gifts, and virtual account
storage medium Piggy Bank may be denoted with a “$” symbol representing virtual oppa
dollars and not real dollars or real monetary value. The virtual item system on the App
and Service are not financial instruments and Oppa is not a regulated financial institution.
No interest will be paid on any virtual items or virtual oppa dollars on the App or Service
and such virtual items and virtual oppa dollars are not insured by the Company or any
governmental agency.
i.
Oppa maintains the proprietary right and ownership of any and all virtual items, virtual
oppa dollars, virtual transfers, and Oppa Content in the App and Service, and reserves all
right to name, rename, alter, restructure, logic, and modify all Content and the virtual
items, virtual oppa dollars, virtual exchange system, exchange amounts, increments
eligible for a promotional Reward, processing fee, and/or anything related to the virtual
item and reward system in any way, shape, or form and at its own discretion, with or
without notice. All virtual items and virtual oppa dollars in the App and Service shall
remain the sole property of the Company.
j.
Oppa maintains the exclusive and sole right to add, deduct, modify, and delete any and
all virtual items, virtual oppa dollars, virtual account storage mediums, Reward, and
Reward timeframe, from Members or Member Piggy Bank balances at any time, for any
reason, with or without notice. As an example, we may alter account balances (a) funded
using a stolen credit card, an invalid payment method, and charged-back credit cards and
deduct Piggy Bank balances and Reward amounts to reflect the true legitimate value, (b)
from accounts intending to defraud, scam, or structure illicit currency such as money
laundering schemes, (c) accounts with inaccurate payment or personal information
intending to defraud, or accounts with payment or personal information such as name,
age, and address not matching the profile creation information which you represented to
be accurate and true, and (d) and/or accounts which violate any of the terms of this
Agreement. In such instances, Oppa may add, deduct, modify, or delete virtual items,
virtual oppa dollars, and virtual account value at any point from the point of origin,
recipient-to-recipient, or final recipient. For example, virtual items or virtual oppa dollars
created from fraudulent transactions may be deducted against the original account from
which is was created from, any recipient of the virtual items or virtual oppa dollars
originating from the fraudulent account or payment method (whether such recipient was
involved or not), or from the Charity Tip Jar recipient.
k.
As a Member or a Premium Member, you represent and warranty 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. To ensure a quality user experience and to minimize the
Company adjustment of Members’ Piggy Bank balances resulting from stolen credit cards
or inaccurate or misleading accounts, the Company reserves the right to invalidate any
and all virtual items and virtual oppa dollars from any account at any time on accounts
found to have mismatched or inaccurate identification information. Upon a Rewards
request, monetary or promotional Reward will be sent to the name, account, and address
Oppa believes to be true and accurate, or verified through a third party service such as
Facebook and PayPal. You acknowledge and agree upon request to submit federal
identification information and verification as a condition for acceptance of such monetary
or promotional Reward. Any elective Reward or payments to any accounts with
inaccurate payment or personal information such as name, age, and address not
matching or altered in an inaccurate manner from the profile creation information or
verified federal identification information which you represented to be accurate and true
may be delayed, withheld, invalidated, or deleted. Oppa reserves the right to suspend
and delete any account or virtual account storage mediums and to withhold or revoke the
awarding of any monetary or other Reward.
l.
Oppa may offer virtual items and virtual oppa dollars as a promotional and entertainment
tool for new or free membership accounts, administrator or test accounts, or create
promotional or Advertiser accounts for promotional or demonstrative purposes.
Promotional virtual items and virtual oppa dollars may have no virtual or real transfer
value and in this event, may create a separate class of promotional virtual items with no
unit value which cannot be used to share virtual drinks, virtual tips, or virtual gifts with
other members.
m. Oppa is not responsible for any loss or damage from the use of the App or Service in
regards to its virtual item and reward system or from any other use including but not
limited to any data loss, corruption of data, server failure, lapses in security, forgotten or
shared passwords, incorrectly constructed transactions, mistyped recipient addresses, or
“phishing” or other websites, applications, or services masquerading as Oppa. Data,
virtual items, virtual oppa dollars, and Content on Oppa servers or infrastructure may
become unavailable, corrupted, congested, stolen, altered intentionally or unintentionally,
or destroyed and you agree not to hold Oppa responsible or liable in such event. Oppa is
not responsible for any incorrect, invalid, or inaccurate entry information, human errors,
technical delays or malfunctions, theft, tampering, destruction or unauthorized access to,
or alteration of, entries, information, or data of any kind, data that is processed late or
incorrectly or is incomplete or lost due to technical malfunction or traffic congestion on
transmissions systems, or the Internet, or from any service provider, or any other reason
whatsoever including but not limited to typographical, printing, or other errors or any
combination thereof.
5. 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
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 the Service or towards the benefit of the
Service or Company, and (5) allow co-registration, 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, or other type of special relationship
and that your decision to submit any Content 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 acknowledge and 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, and online virtual items or virtual oppa dollars (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 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 virtual items or virtual
oppa dollars between accounts, (14) bundling, discounting, structuring, or resale of Oppa
virtual items or virtual oppa dollars 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 any 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.
6. Membership and Charges
a. Premium Members are billed by the Company through an encrypted online account for
use of the Service and/or to add virtual items or virtual oppa dollars to their virtual
account storage medium. You agree to pay the Company all membership charges at the
prices you agreed to and authorize the Company to charge your chosen payment
provider for the Service. Premium Members accept and acknowledge that Premium
Members are paying a membership fee to the Company in exchange for virtual oppa
dollars of entertainment value and in no way, shape or form is the Premium Member
purchasing or exchanging their membership fee for real dollars or currency value which
can be freely converted back into real currency. As these Terms of Use are linked,
accessible, and accepted before the confirmation of any payment, all payments are final
and you acknowledge and agree that no refunds will be provided for any reason
whatsoever. 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 remaining or unused virtual items
or virtual oppa dollars tied to your account may be lost, forfeited or deleted and no
refunds will be issued for any remaining or unused membership, virtual items or virtual
oppa dollars or credits for any reason whatsoever.
b. You agree that all payments made on the App are final, and you will not challenge or
dispute the charge with your bank. 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 fee of up to 50% of the outstanding balance added to the amount you
owe.
c. 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.
7. 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, virtual items or virtual oppa dollars, 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.
8. 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 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 online virtual items or virtual oppa dollars 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, virtual items or virtual oppa dollars, 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 or stand behind any of the Content posted on our
Service.
f.
Memberships on Oppa are not bank accounts, and the virtual items or virtual oppa dollars
on Oppa are not financial instruments and the Company is not a regulated financial
institution. The virtual items or virtual oppa dollars on the App and Service has no cash or
monetary value and are for entertainment purposes only. No interest will be paid on any
virtual items or virtual oppa dollars you use on the App or Service and such virtual items
or virtual oppa dollars is not insured by the Company or any governmental agency. Oppa
is not responsible for any loss or damage from the use of the App or Service in regards to
its virtual items or virtual oppa dollars 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, virtual items or virtual oppa dollars, 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. 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.
9. 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 of electronic virtual items or virtual oppa
dollars, 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 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.
10. 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 the Company 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 notification 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 intended for
and directed 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 Oppa 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 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]. Please send all mail
correspondence to Oppa Inc, 401 Park Avenue South, 10th Floor, New York, NY 10016.