Terms of Service
This website and the online or wireless services offered therein (collectively, the “Service”) is provided by Opera Software ASA (“Opera”), whose principal place of business is Gjerdrums vei 19, 0484 Oslo, Norway. Your access to and use of the Service are governed by these terms (the "Terms"), and these Terms are a binding contract between you and Opera. By using the Service, you hereby agree to be bound by these Terms.
You may not use the Service if you do not accept these Terms. Your use of the Service, including the downloading of mobile applications or content to a mobile device (a “Download”), shall evidence your acceptance of these Terms and shall constitute your agreement to be bound thereby.
Opera reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Opera shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
1. DESCRIPTION OF THE SERVICE
The Service allows you to access and download mobile entertainment content such as ringtones, games, graphics, news, text games and other information data via various means of mobile content delivery. Please note that the Service may not be compatible with all mobile devices.
2. REGISTRATION AND ACCOUNT SECURITY
2.1 In order to use the Service, you need access to a mobile communications network for which Opera makes the Service available as well as any carrier services necessary to download content, and pay any service fees associated with any such access. In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Opera's operations. Any equipment or software causing interference shall be immediately disconnected from the Service. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense.
2.2 If you register for the Service, you agree to provide true, accurate and complete information about yourself as prompted by Opera ("Registration Data") and maintain and update the Registration Data to keep it true, accurate, current and complete. If Opera suspects that the Registration Data is untrue, inaccurate or incomplete, Opera may suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You acknowledge and agree that Opera shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Service or your account. You further agree that Opera (itself or through third party service providers) is authorized to verify such Registration Data.
2.3 You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, You are entirely responsible for any and all activities that occur through the use of your account or password.
2.4 You agree to notify Opera immediately of any unauthorized use of your account or any other breach of security.
3. YOUR CONDUCT
3.1 User Generated Content. Certain features of the Service may allow you to upload, publish or send files, images, code, materials, comments, or other information that can be viewed by others ("User Generated Content"). You agree that Opera is not liable for User Generated Content made available through the Service by others. Opera has no duty to pre-screen User Generated Content, but Opera has the right to reject, edit, or remove User Generated Content at any time and for any reason. Opera shall not be responsible for any failure or delay in editing or removing such material. Opera also reserves the right to block your access to any content, website or webpage in its sole discretion.
3.2 As a condition of your use of the Service, you warrant that you:
(1) will not use the Service for any purpose that is unlawful or otherwise prohibited by these Terms.
(2) will use the Service for personal, non-commercial use only, on the mobile device designated during the Download or registration, unless explicitly allowed by the End-User-License agreement included with the content;
(3) will abide by all applicable local, state, national, and international laws and regulations and be solely responsible for all acts or omissions that occur through the use of your account or password, including for any content you upload or publish through the Service;
(4) will not upload, publish, or otherwise make available User Generated Content that is obscene, vulgar, sexually-oriented, hateful, threatening, or that violates any laws or third-party rights, including but not limited to, third-party intellectual property rights;
(5) will not engage in unsolicited messaging or post unauthorized advertisements;
(6) will not upload or make available through the Service any virus or malware;
(7) will not, or attempt to (or otherwise authorize, encourage or support others' attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Service, including, but not limited to, any Download(s); and
(8) hold all the necessary rights to upload User Generated Content, including any necessary consent to upload and distribute any personal information about third persons.
3.3 Opera has a zero-tolerance policy against the posting of User Generated Content evidencing or depicting child sexual abuse and will terminate the access of any user who does so. Opera may also report any such user to the appropriate authorities.
3.4 Disputes may arise between you and others or between you and Opera related to User Generated Content. Such disputes could involve, among other things, the use or misuse of domain names; the infringement of copyrights, trademarks, or other intellectual property rights; defamation; fraud; the use or misuse of personal information; and problems with commercial transactions. You agree that all claims, disputes, or harm that results from, or is related in any way to, any User Generated Content made available by you shall be your sole and exclusive responsibility. Opera may at its discretion block certain websites or domains and re-route you to other pages. By accepting these Terms, you hereby consents to this.
3.5 Opera does not claim ownership of any User Generated Content. However, by submitting User Generated Content, you grant Opera the right and limited license to use, copy, display, perform, distribute, and adapt the User Generated Content for the purpose of providing or maintaining the Service.
4. COMMUNICATIONS FROM OPERA
4.1 Text Messages. You expressly agree that, as part of the Service, you will, from time to time, receive communications from Opera via text message (SMS), including our promotional newsletters or other information about the Service. You may stop receiving promotional text messages by emailing your request to opt-out, along with your cell phone number, to firstname.lastname@example.org, or following the opt-out instructions in the text message. Even if you choose to opt out from receiving promotional messages, you may not opt out of receiving service-related messages.
4.2 Email. If you provide us with an email address, you agree to receive promotional and account related email communications from Opera. You may unsubscribe from promotional email communications by unsubscribing by following the instructions in every promotional email message or by sending an email to email@example.com.
5. THIRD-PARTY CONTENT AND SITES
5.1 The Service contains articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (the "Third-Party Content"), as well as links that may direct you to other websites not owned or operated by Opera ("Third-Party Sites"). The Service, Third-Party Content, and Third-Party Sites are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Opera.
5.3 Furthermore, Opera is not responsible for your use of any Third-Party Sites accessed through Opera’s Site or any Third-Party Content posted on, available through, or installed using the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Sites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Site or any Third-Party Content does not constitute or imply approval or endorsement thereof by Opera.
5.4 If you leave Opera’s Site and access the Third-Party Sites or use or install any Third Party Content, you do so at your own risk, and you should be aware that these Terms no longer govern such activity.
6. DISCLAIMER/LIMITATION OF LIABILITY
6.1 The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Opera and/or its respective suppliers may make improvements and/or changes to the Service at any time.
6.2 Opera does not represent or warrant that the Service will be uninterrupted or error free, that defects will be corrected, or that the Service or the server that makes it available are free of viruses or other harmful components. Opera does not warrant or represent that the use or results of the Service, or any materials made available as part of the Service, will be correct, accurate, timely, or otherwise reliable.
6.3 You specifically agree that Opera:
(1) shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or for any transactions with third parties entered into through the Service;
(2) shall not be responsible or liable for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights; and
(3) shall not be responsible for any Third Party Content or any other information or content provided by a Third Party Site, accessed through the Service.
6.4 Opera reserves the right to assign its rights and responsibilities under this agreement to any third party.
6.5 OPERA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. OPERA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
6.6 IN NO EVENT SHALL OPERA BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATED WEBSITES, WITH THE DELAY OR INABILITY TO USE THE SERVICE, THIRD PARTY CONTENT, OR RELATED WEBSITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, GRAPHICS, THIRD PARTY CONTENT, OR OTHER CONTENT OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY OF LIABILITY, EVEN IF OPERA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
You agree to indemnify and hold harmless Opera, its parents, subsidiaries, affiliates, officers, and employees, from any claim, demand, or damage, including reasonable attorneys' fees and costs, asserted by any third party due to or arising out of your use of or conduct on the Service.
8.1 Opera may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever, with or without providing any refund of any payments. Upon termination of the Service or your account, you may be required to remove mobile content or applications downloaded or obtained through the Service from your mobile device.
8.2 Opera shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.
9. PROPRIETARY RIGHTS TO CONTENT
10.1 Opera collects the following data to be able to provide the Service: Name, address, email address, mobile phone number, fax as provided by you. Additionally the service collects data about software purchased and software registration code (where applicable). The service might also collect your mobile phone number directly from your device if possible. The data is shared with the content providers solely for the purpose to track your software registrations and provide technical support. Opera uses the data for the purpose to deliver the Service and maintain the customer relationship. Your mobile phone number is used for the purposes of completing a billing transaction or to validate your identity for subscription access. Mobile phone number might be shared with a billing partner for the purpose of completing the transaction.
10.2 Opera tracks user traffic throughout the Service and creates overall usage statistics, according to a user’s login name, browser ID, browser type, MIME type and if made available the user’s mobile phone number (MSISDIN). The user traffic data is used for to determine which areas of our sites users like and don't like based on traffic to those areas. The Service does not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you. In the case the Service stores download history based on the user’s mobile phone number (MSISDN), the user will be given the necessary options to delete it.
10.4 Opera track search terms entered in our search function as one of many measures of what interests our users, but which terms a particular user enters is never tracked.
10.5 The Service creates aggregate reports on traffic for advertisers and partners. This allows our advertisers to advertise more effectively and allows our users to receive advertisements that are relevant to their needs. Opera never shares individual personal information with anyone, so an advertiser will never know that a specific user clicked on the said advertiser’s advertisement.
10.6 The Service uses the above-described information to tailor our content to suit your needs and help our advertisers better understand our audience demographics. We do not share information about individual users with any third party, with the exception in section 10.1.
10.7 Opera reserves the right to disclose any information we have as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process.
11.1 Entire Agreement; Modification; Waiver. These Terms, including Opera’s Privacy Statement, constitute the entire, complete and exclusive agreement between you and Opera regarding the Service and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of this Agreement. Opera may modify these Terms without notice at any time in the future. Changes will be posted at http://apps.opera.com/privacy.php and will be effective upon posting. It is your responsibility to remain informed at all times of any changes. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall not be affected or impaired thereby. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Opera. You may not assign or transfer any rights or responsibilities under this Agreement without obtaining Opera’s prior written consent, and any purported assignment or transfer in violation of this section 11 will be null and void.
11.2 Choice of Law/Venue. This Agreement is governed by the laws of Norway without giving effect to any conflicts of law principles that may require the application of laws of a different country. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. All actions or proceedings related to or arising from this Agreement must be brought in the Oslo City Court, and each party hereby agrees to irrevocably submit to the jurisdiction and venue of such court.
12.1 Except as otherwise provided in this section, all legal notices to Opera shall be in writing and delivered via overnight courier or certified mail, return receipt requested to:
Opera Software ASA
Gjerdrums vei 19
Attention: General Counsel
12.2 Copyright. If you are a copyright owner and believe that content appearing on the Site infringes your rights under United States copyright law, you may submit a notification to Opera pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following information required by 17 U.S.C. 512(c)(3) to the contact listed below:
(1) Identification of the copyrighted work to have been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(2) Identification of the material that is infringing or the subject of infringing activity and information reasonably sufficient to permit Opera to locate the material, including all URL(s) where the material is available;
(3) Your name, address, telephone number, and electronic mail address;
(4) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(5) 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 owner of an exclusive right that is allegedly infringed; and
(6) Your physical or electronic signature, or that of a person authorized to act on your behalf, of the owner of an exclusive right that is allegedly infringed;
Opera Software ASA
Gjerdrums vei 19
Attention: Intellectual Property Counsel
12.3 California Residents. Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights information: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Effective Date: August 31, 2012