OpposeMe Terms of Service

Last Updated: January, 2014

PLEASE READ THIS DOCUMENT CAREFULLY

OpposeMe Limited. (“OpposeMe Limied.,” “we,” or “us”) operates the OpposeMe mobile app and related website (“OpposeMe”). By using OpposeMe in any way, you accept these Terms of Service (“Agreement”). If you do not wish to be bound by this Agreement, do not use OpposeMe.

Contents

  1. Who May Use OpposeMe
  2. License to Use OpposeMe
  3. Privacy
  4. Registration
  5. Term and Termination; Account Deletion
  6. Disclaimers; Limitation of Liability
  7. Code of Conduct; Prohibited Activities
  8. Content Restrictions
  9. Licenses Granted by You
  10. Your Representations and Warranties
  11. Indemnification
  12. Third Party Copyrights and Other Rights
  13. General Provisions
 
  1. Who May Use OpposeMe

    You must be at least 18 years old to use OpposeMe. Use is void where prohibited. By using OpposeMe, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you use OpposeMe, you represent and warrant that you have never been convicted of a crime and that you are not required to register as a sex offender with any government entity.

  2. License to Use OpposeMe

    OpposeMe Limited. grants you a limited, non-exclusive license to access and use OpposeMe for your own personal, non-commercial purposes.  This license is personal to you and may not be assigned or sublicensed to anyone else.

    Except as expressly permitted by OpposeMe in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble OpposeMe.  Nor will you take any measures to interfere with or damage OpposeMe.  All rights not expressly granted by OpposeMe Limited. are reserved.  

  3. Privacy

    Your privacy rights are set forth in our Privacy Policy (Privacy Policy), which forms a part of this Agreement.  Please review the Privacy Policy to learn about:

    • What information we may collect about you
    • What we use that information for
    • What third-party information, if any, you are agreeing to share by using OpposeMe; and
    • With whom we share that information

  4. Registration

    To use OpposeMe, you must register an account using a social media account login, meaning you are authorising us to access certain information in your social media account, including information about your social media connections you might share in common with other OpposeMe users. By allowing us to access your social media account, you expressly acknowledge and agree that we may obtain and share your name and a profile picture, as well as the name and profile picture of your social connections who are common with other OpposeMe users in your network or geolocation. Please take precautions to protect your password and contact us at [email protected] if you believe your account has been accessed by an unauthorised person.

  5. Term and Termination; Account Deletion

    This Agreement begins on the date you first use OpposeMe and continues until terminated in accordance with the provisions hereof.

    OpposeMe Limited. may suspend, disable, or delete your account (or any part thereof) if OpposeMe Limited. determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage OpposeMe Limited's reputation or goodwill.  If OpposeMe Limited. deletes your account for the foregoing reasons, you may not re-register under a different name. 

    Upon termination, all licenses granted by OpposeMe Limited. will terminate.  In the event of account deletion for any reason, content that you submitted may no longer be available.  OpposeMe Limited. shall not be responsible for the loss of such content. 

  6. Disclaimers; Limitation of Liability
    1. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER OPPOSEME USERS. YOU UNDERSTAND THAT OPPOSEME LIMITED. CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. OPPOSEME LIMITED. ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. OPPOSEME LIMITED. MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER. OPPOSEME LIMITED. RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

    2. IN NO EVENT SHALL OPPOSEME LIMITED. BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EMEPLARY, 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, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE OPPOSEME SERVICE OR PERSONS YOU MEET THROUGH OPPOSEME. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

    3. OpposeMe Limited. reserves the right to modify OpposeMe.  You are responsible for providing your own access to OpposeMe.  OpposeMe Limited. has no obligation to screen or monitor any content and does not guarantee that any content available on OpposeMe complies with this Agreement or is suitable for all users. 

    4. OpposeMe Limited. provides OpposeMe on an “as is” and “as available” basis.  You therefore use OpposeMe at your own risk.  OpposeMe Limited. expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law.  Without limiting the foregoing, OpposeMe Limited. makes no representations or warranties:

      • That OpposeMe will be permitted in your jurisdiction;
      • That OpposeMe will be uninterrupted or error-free;
      • Concerning any content submitted by any user;
      • Concerning any third party’s use of content that you submit;
      • That any content you submit will be made available on OpposeMe or will be stored by OpposeMe Limited.;
      • That OpposeMe Limited. will continue to support any particular feature of OpposeMe;
      • Concerning sites and resources outside of OpposeMe, even if linked to from OpposeMe.

    To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used OpposeMe, and no warranties shall apply after such period.

  7. Code of Conduct; Prohibited Activities

    In using OpposeMe, you must behave in a civil and respectful manner at all times.  Further, you will not:

    • Harass or stalk any other person;
    • Harm or exploit minors;
    • Act in a deceptive manner by, among other things, impersonating any person;
    • Collect information about others;
    • You will not express or imply that any statements you make are endorsed by OpposeMe Limited. without our specific prior written consent.
    • You will not distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
    • You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
    • You will not interfere with or disrupt the services or the site or the servers or networks connected to the services or the site.
    • You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

    OpposeMe Limited. has the right, but not the obligation, to monitor all conduct on and content submitted to OpposeMe. 

  8. Content Restrictions

    You are solely responsible for the content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members. You will not post on the service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to OpposeMe Limited. or to any other user. If information provided to OpposeMe Limited., or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. The following is a partial list of content you may not upload, post, or transmit (collectively, “submit”):

    • is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • harasses or advocates harassment of another person;
    • promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
    • contains sexually explicit content;
    • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    • involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
    • promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
    • solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
    • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
    • infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);

    Your use of the Service, including but not limited to the content you post on the service, must be in accordance with any and all applicable laws and regulations.

    You may not include in your user profile any telephone numbers, street addresses, last names, URLs or email addresses.

  9. Licenses Granted by You

    You grant OpposeMe Limited. and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content.  In addition, you waive any so-called “moral rights” in your content.  You further grant all users of OpposeMe permission to view your content for their personal, non-commercial purposes.  If you make suggestions to OpposeMe Limited. on improving or adding new features to OpposeMe, OpposeMe Limited. shall have the right to use your suggestions without any compensation to you. 

  10. Your Representations and Warranties

    For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to OpposeMe Limited. and grant the licenses set forth above; (ii) OpposeMe Limited. will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

  11. Indemnification

    You will indemnify, defend, and hold harmless OpposeMe Limited. and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on OpposeMe; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to OpposeMe violates any law or infringes any third party right, including any intellectual property or privacy right. 

  12. Third Party Copyrights and Other Rights Copyright Policy

    OpposeMe Limited. respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to OpposeMe do not infringe any third party copyright.

    Other Complaints

    You may send non-copyright complaints to:

    OpposeMe Limited.
    Ballapaddag,
    Cooil Road, Isle of Man, IM4 6DT
    Department – Copyright Agent 
    Email: [email protected]

  13. General Provisions

    GOVERNING LAW: This Agreement shall be governed by the laws of the Isle of Man, without regard to principles of conflicts of law.

    DISPUTES: Any action arising out of or relating to this Agreement or your use of OpposeMe must be commenced in the Isle of Man (and you consent to the jurisdiction of those courts).  In any such action, OpposeMe Limited. and you irrevocably waive any right to a trial by jury.

    INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement.  If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement.  No failure or delay by OpposeMe Limited. in exercising any right hereunder will waive any further exercise of that right.  OpposeMe Limited’s rights and remedies hereunder are cumulative and not exclusive. 

    SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without OpposeMe Limied’s prior written consent.  No third party shall have any rights hereunder.

    NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from OpposeMe Limited. electronically.  OpposeMe Limited. may provide all such communications by email or by posting them on OpposeMe.  Support-related inquiries or notices of a legal nature may be sent to us at [email protected] or the following address:

    OpposeMe Limited.
    Ballapaddag
    Cooil Road, Isle of Man
    IM4 6DT

    Nothing herein shall limit OpposeMe Limited’s right to object to claims, or other demands.   

    MODIFICATION; ENTIRE AGREEMENT:

    This Agreement may not be modified except by a revised Terms of Service posted by OpposeMe Limited. on OpposeMe or a written amendment signed by an authorised representative of OpposeMe Limited.  A revised Terms of Service will be effective as of the date it is posted.  This Agreement constitutes the entire understanding between OpposeMe Limited. and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same. 

END OF DOCUMENT.