Opined Terms of Service
Effective Date: Effective: January 03, 2018
Welcome to Opined! Opined is a platform to enable each and every one to express their general opinion on the current trending topics and connect with people who contribute their unique opinions and comments.
These terms of service (“Terms of Service” or “Terms”) are a contract between you and Opined (“Opined”, “we” or “us”). They govern your use of Opined’s sites, services, mobile apps, products, and content (Collectively the “Opined Platform”). Please make sure to read it, because, by using the Opined Platform, you consent to these terms.
1. Using the Opined Platform
- Who can Use it. Use of the Opined Platform by anyone under 13 years of age is prohibited. You represent that you are at least the age of majority in the jurisdiction where you live or, if you are not, your parent or legal guardian must consent to this Terms of Service and affirm that they accept this Agreement on your behalf and bear responsibility for your use.
- Acceptable Use Policy. In your interaction with others on the Opined Platform, you agree to follow the Acceptable Use Policy at all times.
- Termination. You may close your account at any time by going to account settings and disabling your account. We may terminate or suspend your Opined account if you violate any Opined policy or for any other reason.
- Changes to the Opined Platform. We are always trying to improve your experience on the Opined Platform. We may need to add or change features and may do so without notice to you.
- Feedback. We welcome feedback and suggestions about how to improve the Opined Platform. Feel free to submit feedback at Contact Us. By submitting feedback, you agree to grant us the right, at our discretion, to use, disclose, and otherwise exploit the feedback, in whole or part, freely and without compensation to you.
2. Your Content
- Definition of Your Content. The Opined Platform enables you to add your opinion, text, photos, videos, links, and files to share with others. All materials that you upload, publish or display to others via the Opined Platform will be referred to collectively as “Your Content”. You acknowledge and agree that, as part of using the Opined Platform, Your Content may be viewed by the general public.
- Ownership. You, or your licensors, as applicable, retain ownership of the copyright and other intellectual property in Your Content, subject to the non-exclusive rights granted to us below.
- License and Permission to Use Your Content.
- By submitting, posting, or displaying Your Content on the Opined Platform, you grant Opined and its affiliated companies a non-exclusive, worldwide, royalty-free, fully paid up, transferable, sub-licensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, and otherwise use Your Content in connection with the operation or use of the Opined Platform or the promotion, advertising or marketing thereof, in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for Opined to make Your Content available to other companies, organizations, business partners, or individuals who collaborate with Opined for syndication, broadcast distribution or publication of Your Content through other media or distribution methods. This license also includes the right for other users of the Opined Platform to use and modify Your Content, subject to our Terms of Service.
- Once you post your opinion or comment on existing opinion, you may edit or delete your work at any time from public display on https://www.weopined.com. However, we may not be able to control the removal of the Your Content from display on syndicated channels or other previously distributed methods outside of www.weopined.com. Opined may remove suspected spam from your opinions or comments. Once you post an opinion, it may be edited or deleted by Opined at any time. Any edits and changes made by you may be visible to other users. The right for Opined to copy, display, transmit, publish, perform, distribute, store, modify, and otherwise use any question you post, and sub-license those rights to others, is perpetual and irrevocable, to the maximum extent permitted by law, except as otherwise specified in this Agreement.
- You acknowledge and agree that Opined may preserve Your Content and may also disclose Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: a. comply with legal process, applicable laws or government requests; b. enforce these Terms of Service; c. respond to claims that any of Your Content violates the rights of third parties; d. detect, prevent, or otherwise address fraud, security to technical issues; or e. protect the rights, property, or personal safety of Opined, its users, or the public.
- You understand that we may modify, adapt, or create derivate works from Your Content in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media. We may also remove or refuse to publish Your Content, in whole or part, at any time.
- Your further give us the permission and authority to act as your non-exclusive agent to take enforcement action against any unauthorized use by third parties of any of Your Content outside of the Opined Platform or in violation of our Terms of Service.
- Your Responsibilities for Your Content. By posting Your Content on the Opined Platform, you represent and warrant to us that:
- you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content and grant us the rights to use Your Content as provided for under this Agreement, and
- that posting Your Content violates no intellectual property or personal right of others or any applicable law or regulation. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with Your Content. You are responsible for ensuring that Your Content does not violate Opined’s Acceptable Use Policy, Copyright Policy, Trademark Policy, other published Opined policy, or any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person by reason of Your Content.
3. Our Content and Materials
- Permitted Uses. If you operate a search engine, web crawler, bot, scraping tool, data mining tool, bulk downloading tool, widget utility, or similar data gathering or extraction tool, you may access the Opined Platform, subject to the following additional rules:
- you must use a descriptive user agent header;
- you must follow robots.txt at all times;
- your access must not adversely affect any aspect of the Opined Platform’s functioning; and
- you must make it clear how to contact you, either in your user agent string or on your website if you have one.
- No Endorsement or Verification. Please note that the Opined Platform contains access to third-party content, products and services, and it offers interactions with third parties. Participation or availability on the Opined Platform does not amount to endorsement or verification by us. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Opined Platform by anyone.
- Ownership. You acknowledge and agree that Out Content and Materials remain the property of Opined’s users or Opined. The content, information and services made available on the Opined Platform are protected by international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable.
4. Integrated Service Provider
5. More About Certain Offerings on the Opined Platform
Digests and Notifications. When you sign up for the Opined Platform, the service includes receipt of a digest and notification of opinions, comments and trending topics that may be of interest to you. You can opt-out of the receipt of the digest and notification, and adjust other communication settings, by going to “Email and Notification” settings in your account profile.
- Advertisements. The Opined Platform may include advertisements, which may be targeted to content or information on the Opined Platform, searches made through the Opined Platform, or other information, in an effort to make them relevant to you. The types and extent of advertising by Opined are subject to change. In consideration for Opined granting you access to and use of the Opined Platform, you agree that Opined and its third party providers and partners may place such advertising on the Opined Platform. If you wish to become an advertiser, you will be required to enter into separate and supplemental terms with us about providing advertising services on the Opined Platform.
- Buttons, Links and Widgets. You have permission to use Opined’s buttons, links, and widgets, subject to these Terms of Service (including the disclaimers and limitations of Liability) and provided that: (a) your use of such buttons, links and widgets link only to Opined Platform; (b) you will not modify such buttons, links, or widgets or associated code in any manner; (c) you will not use any such buttons, links, or widgets in any manner which implies or suggests that Opined endorses, sponsors, or recommends the website on which such buttons, links and widgets are used; (d) the use of such buttons, links and widgets, and the website on which such buttons, links and widgets are used do not violate Opined’s Acceptable Use Policy.
- Web resources and third-party services. The Opined Platform may also offer you the opportunity to visit links to other websites or to engage with third-party products or services. You assume all risk arising out of your use of such websites or resources.
- Services that Require Separate Agreement. Certain features or services may require that you enter into a separate and supplemental written agreement prior to use.
6. Reporting Violations of Your Intellectual Property Rights, Opined Policies, or Applicable Laws.
We have a special process for reporting violations of your intellectual property or other violations of Opined policies or applicable laws. We encourage you to go through our detailed Copyright Policy, Trademark Policy, and other policies. You can report an incident to us through our Contact Us page. We will inspect a valid takedown notice received through our procedure and we may remove material after satisfactory and valid reasoning in place. Under our Trademark Policy, we will investigate any use of another’s trademark and respond appropriately. We have no obligation to delete content that you personally may find objectionable or offensive. We endeavour to respond promptly to requests for content removal, consistent with our policies and applicable law. By using Opined, you agree to follow these Rules and Policies. If you don’t, you may remove content, or suspend or delete your account.
7. General Terms
- Disclaimer of Warranty. The Opined Platform provides the services to you as is. You use them at your own risk and discretion. That means they don’t come with any warranty. None express, none implied. No implied warranty of merchantability, fitness for a particular purpose, availability, security, title, or non-infringement.
- Limitation of Liability. Opined won’t be liable to you for any damages that arise from your using the Services. This includes if the Services are hacked or unavailable. This includes all types of damages (indirect, incidental, consequential, special or exemplary). And it includes all kinds of legal claims, such as breach of contract, breach of warranty, tort, or any other loss.
- No Waiver. If Opined doesn’t exercise a particular right under these Terms, that doesn’t waive it.
- Applications and Mobile Devices. If you access the Opined Platform through an Opined application, you acknowledge that this Agreement is between you and Opined only, and not with another application service provider or application platform provider (such as Apple Inc. or Google Inc.), which may provide you with the application subject to its own terms. To the extent you access the Opined Platform through a mobile device, your wireless carrier’s standard charges, data rates, and other fees may apply.
- Electronic Communications. You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
- Entire Agreement/ Severability. This Agreement supersedes all prior terms, agreements, discussions, and writings regarding the Opined Platform and constitutes the entire agreement between you and us regarding the Opined Platform (except as to services that require separate written agreement with us, in addition to this Agreement). If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the Agreement, which will remain in full force and effect.
- Interpretation. In construing or interpreting the terms of this Agreement:
- the headings in this Agreement are for convenience only and are not to be considered, and
- no presumption is to operate in either party’s favour as a result of its counsel’s role in drafting this Agreement.
- Choice of law and jurisdiction. These Terms are governed by Indian law, without reference to its conflict of laws’ provisions. Opined expressly disclaims any representation or warranty that the Opined Platform complies with all applicable laws and regulations outside of India. If you are using the services offered by the Opined Platform outside India, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Opined Platform. You agree that any suit arising from the Services must take place in a court located in Mumbai, India.
Questions? Let us know at Contact us.