Opanga Vistor Agreement
Welcome to the Opanga Networks, Inc. web site. This web site is a service of Opanga Networks, Inc. and its affiliates ("Opanga"). By using this web site, you agree to the terms of this visitor agreement ("Visitor Agreement"). You should read this Visitor Agreement carefully. If you don't accept the terms of this Visitor Agreement, please don't use the Opanga web site. Each time you use this web site in the future, you agree to the terms of the Visitor Agreement as it exists at the time of your use.
You may view, copy or print pages from this site solely for personal, non-commercial purposes, provided that you maintain all copyright notices, trademark legends and other proprietary rights notices. Any other use is prohibited. You may not use, modify, copy, print, display, reproduce, distribute or publish any information from this site for any other purpose without Opanga's express permission. Opanga may make changes to this site or to the services or products described in this site at any time, without notice.
You shall not use this web site in any way that, as determined by Opanga in its sole discretion, violates any applicable law or any third party's property rights, or that restricts or inhibits any other user from using this web site. You shall not post on or transmit through this web site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially or ethnically objectionable, or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable laws.
Any conduct, communication, or content that, in the sole discretion of Opanga, (i) violates applicable law, or (ii) is harmful or objectionable to individual users or to Opanga, or (iii) infringes any rights of Opanga or any third party, is prohibited. We cannot ensure prompt removal of questionable content after online posting, however. Opanga and its representatives do not assume liability for any action or inaction with respect to conduct, communication, or content on this web site.
Purchase of Service
All purchases of Service or products through the Opanga web site are governed by our Opanga Terms of Service and Acceptable Use Policy. Please read them before making a purchase.
No Guarantee of Reliability or Security
We try to provide accurate information through our web site, but we do not guarantee, and are not responsible for, information you find on our web site. Opanga does not endorse any particular third parties, or their sites, merely because we provide a link to their web site.
Opanga uses reasonable precautions to protect the privacy of your personal information, such as credit card and other ordering information, but Opanga does not guaranty the security of your information. To obtain access to certain services through the Opanga web site, you may be given an opportunity to register with Opanga. As part of any such registration process, you will select a user name and password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register using a fictitious name or under the name of, nor attempt to enter our site under the name of, another person. Opanga reserves the right to reject or terminate any user name that it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify of any known or suspected unauthorized use of your account. You must protect your username and password. Please log off before closing the browser window if you access your account from a public computer.
Ownership of Information
"Opanga" and our logo are registered trademarks of Opanga Networks, Inc. All other trademarks, product names, and company names and logos appearing on this web site are the property of their respective owners. User must obtain permission from those owners before copying or using the owner's trademarks, product names and company names and logos.
The information, data, software, photographs, graphs, videos, graphics, music, sounds, page headers, custom graphics, button icons, and other materials contained in this web site (collectively, the "Content") are protected by copyrights, trademarks, trade secrets and other proprietary rights. These rights are valid and protected in all forms, media and technologies now existing or hereafter developed. In addition, this web site is copyrighted as a collective work under the U.S. copyright laws, and Opanga owns a copyright in the selection, coordination, arrangement, and enhancement of all Content. User's may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
By posting or otherwise transmitting any information or other material to Opanga, you hereby grant Opanga a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform such materials (including, without limitation, ideas contained therein for new or improved products and services) by all means and in any media now known or hereafter developed, subject at all times to the provisions of this Visitor Agreement protecting your privacy. You also grant to Opanga the right to use your name and other identifying information in connection with any materials submitted to public areas of the Site (such as bulletin boards, forums and newsgroups) in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Opanga for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
THE INFORMATION PROVIDED AT OR THROUGH THIS WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER OPANGA NOR IT AFFILIATES OR LICENSORS WARRANT THAT THIS WEB SITE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM SERVICE DEGRADATION, OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE AT OR THROUGH THIS WEBSITE ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
This web site may be temporarily unavailable for scheduled or unscheduled maintenance, equipment modifications or upgrades, and for other reasons within and outside of the direct control of Opanga. You are responsible for implementing sufficient procedures to satisfy your particular requirements for the accuracy of information obtained through this web site. Although Opanga employs security measures, Opanga cannot guarantee the security of this web site or information provided through this web site, or that viruses, worms, trojan horses or other code that manifests contaminating or destructive properties will be detected or remediated by Opanga.
Limitations on Opanga's Liability
NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, NEITHER OPANGA NOR ITS AFFILIATES OR LICENSORS WILL BE LIABLE OR OBLIGATED UNDER THIS AGREEMENT OR UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOSS OR CORRUPTION OF DATA OR DELAYED OR INTERRUPTED USE OF THIS WEB SITE OR ACCESS TO THE INTERNET, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, OR FOR ANY LACK OR BREACHES OF SECURITY OF THIS WEB SITE OR STORAGE OF YOUR DATA.
These limitations apply whether the claim is based on breach of contract, breach of warranty, negligence, product liability, or any other basis, and apply whether or not Opanga was informed of the likelihood of any particular type of damages. If you are dissatisfied with this web site, or if you have any other dispute with Opanga relating to this web site, then your sole and exclusive remedy is to discontinue using this web site. Some of the disclaimers and exclusions in this Visitor Agreement may not apply to you because some states do not allow the disclaimer of certain warranties or the exclusion of liability for consequential or incidental damages. In any such case, the liability of Opanga shall be limited to the greatest extent permitted by law.
This Visitor Agreement has been made in and will be construed in accordance with the laws of the State of Washington. By using the Opanga web site, you consent to the exclusive jurisdiction of the state and federal courts in Washington, in all disputes arising out of or relating to this Visitor Agreement and your use of the Opanga web site. Any cause of action or claim you believe you may have with respect to the Opanga web site or any Opanga service or product obtained through the Opanga web site must be brought within one (1) year after the alleged claim or cause of action arises. Any failure to insist upon or enforce strict performance of any provision of this Visitor Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision of this Visitor Agreement.
We reserve the right to suspend service or deny access to our site for any reason. Neither such termination of access, nor any action or inaction by you or any other user of this web site, shall suspend or terminate your obligations under this Visitor Agreement.