You own the content that you post
You also grant us and other users of the Opoyi platform certain rights and license to use it. The details of these licenses are described in section 3(c) below.
You are responsible for the content that you post
This includes ensuring that you have the rights needed for you to post that content and that your content does not violate the legal rights of another party or any applicable laws.
You can repost content from Opoyi elsewhere
Provided that you attribute the content back to the Opoyi platform and respect the rights of the original poster, including any “not for reproduction” designation, and do not use automated tools.
We do not endorse content posted by users
Our content and materials are provided to you “as is,” without any guarantees. You are solely responsible for your own use of the Opoyi platform. Posts from lawyers, doctors, and other professionals should not be treated as a substitute for professional advice for your specific situation.
You agree to follow the rules of our platform
You can give feedback and make complaints
If you think someone has violated your intellectual property rights, other laws, or Opoyi's policies, you can report at firstname.lastname@example.org.
Using the Opoyi Platform
Who Can Use It
You may close your account at any time by going to account settings and disabling your account. We may terminate or suspend your Opoyi account if you violate any Opoyi policy or for any other reason.
Changes to the Opoyi Platform
We are always trying to improve your experience on the Opoyi Platform. We may need to add or change features and may do so without notice to you.
We welcome your feedback and suggestions about how to improve the Opoyi Platform. Feel free to submit feedback at email@example.com. 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.
Definition of Your Content
The Opoyi Platform enables you to add posts, texts, photos, videos, links, and other files and information about yourself to share with others. All material that you upload, publish or display to others via the Opoyi Platform will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the Opoyi Platform, Your Content may be viewed by the general public.
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 below.
License and Permission to Use Your Content
You understand that we may modify, adapt, or create derivative works from Your Content in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media. We also may remove or refuse to publish Your Content, in whole or part, at any time.
Your Responsibilities for Your Content
By posting Your Content on the Opoyi Platform, you represent and warrant to us that: i) you have the ownership rights, or you have obtained all necessary licenses or permissions to use Your Content and grant us the rights to use Your Content as provided for under this Agreement, and ii) that posting Your Content violates no intellectual property or personal right of others or any applicable law or regulation, including any laws or regulations requiring disclosure tha you have been compensated for Your Content. 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 agree to pay all royalties, fees, and any other monies owed to any person by reason of Your Content.
Our Content and Materials
Definition of Our Content and Materials
All intellectual property in or related to the Opoyi Platform (specifically including, but not limited to our software, the Opoyi marks, the Opoyi logo, but excluding Your Content) is the property of Opoyi, Inc., or its subsidiaries and affiliates, or content posted by other Opoyi users licensed to us (collectively “Our Content and Materials”).
All data Opoyi collects (“Data”) about use of the Opoyi Platform by you or others is the property of Opoyi, Inc., its subsidiaries, and affiliates. For clarity, Data does not include Your Content and is separate from Our Content and Materials.
Our License to You
We grant you a personal, limited, non-exclusive license to use and access Our Content and Materials and Data as made available to you on the Opoyi Platform in connection with your use of the Opoyi Platform, subject to the terms and conditions of this Agreement.
Opoyi gives you a worldwide, royalty-free, revocable, personal, non-assignable and non-exclusive license to re-post Our Content and Materials anywhere on the web, subject to these Terms and Conditions and provided that: (a) the content in question was added to the Opoyi Platform after April 22, 2010; (b) the user who created the content has not explicitly marked the content as not for reproduction on the Opoyi Platform; (c) you do not modify the content; (d) you attribute Opoyi by name in readable text and with a human and machine-followable link (an HTML <a> anchor tag) linking back to the page displaying the original source of the content on https://opoyi.com on every page that contains Our Content and Materials; (e) upon request, either by Opoyi or a user, you remove the user's name from content which the user has subsequently made anonymous; (f) upon request, either by Opoyi or by a user who contributed to the content, you make a reasonable effort to update a particular piece of content to the latest version on the Opoyi Platform; and (g) upon request, either by Opoyi or by a user who contributed to the content, you make a reasonable attempt to delete content that has been deleted or marked as not for reproduction on the Opoyi Platform; (h) you don’t republish more than a small portion of Our Content and Materials; (i) you do not use any automated tools to aggregate or create derivative works. In exercising these rights, you may not implicitly or explicitly assert any connection with, sponsorship or endorsement by Opoyi, or any Opoyi user, without separate, express prior written permission from us.
No Endorsement or Verification
Please note that the Opoyi Platform contains access to third-party content, products and services, and it offers interactions with third parties. Participation or availability on the Opoyi 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 Opoyi Platform by anyone.
You acknowledge and agree that Our Content and Materials remain the property of Opoyi's users or Opoyi. The content, information and services made available on the Opoyi Platform are protected by Indian, U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable.
Integrated Service Provider
More About Certain Offerings on the Opoyi Platform
The Opoyi Platform may include advertisements, which may be targeted to content or information on the Opoyi Platform, queries made through the Opoyi Platform, or other information, in an effort to make them relevant to you. The types and extent of advertising by Opoyi are subject to change. In consideration for Opoyi granting you access to and use of the Opoyi Platform, you agree that Opoyi and its third-party providers and partners may place such advertising on the Opoyi 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 Opoyi Platform.
Legal, Medical & Other Professional Contributors
Some users who post content are members of the legal, medical, and other licensed professions (collectively, “Professional Contributors”). Content posted by Professional Contributors should not be relied on as a substitute for advice from a professional that is appropriate for your specific situation. It is the responsibility of Professional Contributors to determine and provide disclaimers appropriate for their profession and the content provided.
Web resources and third-party services
The Opoyi 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.
Reporting Violations of Your Intellectual Property Rights, Opoyi Policies, or Applicable Laws
You can report violations of your intellectual property rights or other violations of Opoyi policies or applicable laws at firstname.lastname@example.org.
We have no obligation to delete content that you personally may find objectionable or offensive. We endeavor to respond promptly to requests for content removal, consistent with our policies and applicable law.
Disclaimers and Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF OPOYI ENTITIES TO YOU.
“OPOYI ENTITIES” MEANS OPOYI, INC., AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
WE ARE PROVIDING YOU THE OPOYI PLATFORM, ALONG WITH OUR CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, OPOYI ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
OPOYI MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY USER OR THIRD PARTY; (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE OPOYI PLATFORM, INCLUDING AN INTEGRATED SERVICE PROVIDER OR PROFESSIONAL CONTRIBUTOR; (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE OPOYI PLATFORM; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT. OPOYI MAKES NO WARRANTY THAT: (a) THE OPOYI PLATFORM WILL MEET YOUR REQUIREMENTS; (b) THE OPOYI PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE OPOYI PLATFORM, A PROFESSIONAL CONTRIBUTOR, OR ANY OTHER USER WILL BE ACCURATE OR RELIABLE; OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED OR PURCHASED BY YOU THROUGH THE OPOYI PLATFORM WILL BE SATISFACTORY.
YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPOYI ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPOYI ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE OPOYI PLATFORM.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE OPOYI PLATFORM IS TO STOP USING THE OPOYI PLATFORM.
WITHOUT LIMITING THE FOREGOING, OPOYI’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE OPOYI PLATFORM OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO OPOYI IN CONNECTION WITH THE OPOYI PLATFORM IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART, AND THE FOREGOING SECTIONS 8(c), 8(d), AND 8(e) WILL NOT APPLY TO A RESIDENT OF NEW JERSEY, TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF OPOYI’S NEGLIGENT, FRAUDULENT, RECKLESS, OR INTENTIONAL MISCONDUCT.
You agree to release, indemnify, and defend Opoyi Entities from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) your use of the Opoyi Platform, ii) Your Content, iii) your conduct or interactions with other users of the Opoyi Platform, or iv) your breach of any part of this Agreement. We will promptly notify you of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
We may amend this Agreement at any time, at our sole discretion. If we amend material terms to this Agreement, such amendment will be effective after we send you notice of the amended agreement. Such notice will be in our sole discretion, and the manner of notification could include, for example, via email, posted notice on the Opoyi Platform, or other manner. Your failure to cancel your account, or cease use of the Opoyi Platform, after receiving notification of the amendment, will constitute your acceptance of the amended terms. If you do not agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your account or to cease use of the Opoyi Platform.
Applications and Mobile Devices
If you access the Opoyi Platform through a Opoyi application, you acknowledge that this Agreement is between you and Opoyi only, and not with another application service provider or application platform provider (such as Apple Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access the Opoyi Platform through a mobile device, your wireless carrier’s standard charges, data rates, and other fees may apply.
You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
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.
In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement.
All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us, by you via email@example.com notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.
This Agreement does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.
No waiver of any terms will be deemed a further or continuing waiver of such term or any other term. Our failure to assert a right or provision under this will not constitute a waiver of such right or provision.
You agree to execute a hard copy of this Agreement and any other documents, and to take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.
Feel free to contact us at firstname.lastname@example.org.