These terms of
use constitute the agreement that will govern your use of the website (the "Site")
of Oprano.com and opranoplus.com ("Oprano"). The Site is available
for your use only on the condition that you agree to the terms and conditions
set forth below, all with the intention of making them legally binding upon
YOU SHOULD CAREFULLY
READ THIS AGREEMENT BEFORE USING THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY
THIS AGREEMENT, YOU SHOULD IMMEDIATELY EXIT THE SITE.
1. User Eligibility.
The Site is provided
by Oprano and is available only to people and entities who can form legally
binding agreements. If you do not qualify, do not use the Site.
2. License and
Oprano grants you
a limited personal, nontransferable, non-sublicensable, revocable worldwide
license to access and make personal, non-commercial use of the Site. You may
view and print limited quantities of material from the Site that Oprano has
expressly permitted on the Site, as long as the material is used by you for
information only, without further copying, and the material is used only for
non-commercial purposes. Any rights not expressly granted by this agreement
are reserved by Oprano. From time to time, and without notice, Oprano may establish
and change its practices and restrictions concerning the use of the Site.
Ownership and Use.
property associated with the Site, including content and the trademarks, service
marks, trade dress, copyrights and patents appearing on the Site or referenced
in it, are the sole property of Oprano or other parties. Any rights associated
with any intellectual property are retained by its owner, and are protected
by applicable law. This agreement expressly prohibits any use of any intellectual
property associated with the Site except as specified in Section 2, or as otherwise
expressly authorized by Oprano in writing.
Oprano posts ("Oprano")
and other, similar proprietary text, photographic, audio and video material
used in connection with the Website and the Opranoplus.com site shall not be
published, broadcast, rewritten for broadcast or publication or redistributed
directly or indirectly in any medium. Neither the Oprano materials, similar
materials nor any portion of them, may be stored in a computer except for personal
and non-commercial use. Neither Oprano nor other proprietary party or licensee
shall be held liable in any way to you or to any third party or to any other
person who may receive information used in connection with the Website or the
Oprano or to any other person whatsoever, for any delays, inaccuracies, errors
or omissions therefrom or in the transmission or delivery of all or any part
of them or for any damages arising from any of the foregoing or occasioned thereby.
The Site is protected
by United States and international law, including copyright and trademark laws.
Your license does not include: any right of resale or of commercial use of the
Site or its contents; any derivative use of the Site or its contents; or any
use of data mining, robots, or similar data-gathering and extraction tools in
connection with the Site. You may not remove or alter any proprietary notices,
including copyright notices, contained on any downloadable materials and must
comply with any applicable end-user license agreements. You may not input or
upload onto the Site any information or computer code that is intended to, or
are likely to, damage, interfere with, alter, intercept or expropriate any system,
the Site or its contents, or that infringes any intellectual-property rights
of Oprano or any third party. Inappropriate inputs and uploads include Trojan
horses, worms, time bombs, cancelbots and other unauthorized computer programming
routines. You are also prohibited from posting or transmitting any unlawful,
threatening, obscene, libelous, child pornography, beastiality, or otherwise
offensive material, or engaging in any kind of harassment activity via the Site
or any website linked to it. You are also prohibited from posting or transmitting
any material that improperly impersonates any person or entity or falsely states
an affiliation with a person or entity, contains false or misleading information
or the private information of any other person, or is for commercial purposes,
contains advertising or off-topic messages, or for the purpose of spamming.
You may not forge headers or otherwise manipulate identifiers in order to disguise
the origin of any materials posted or transmitted by you.
the right to disable any unauthorized links or frames and to bar any party from
caching, framing or linking to any portion of the Site at any time. If you desire
to provide a link from your website to the Site, or to frame it, you must first
contact Oprano or one of the mods on the sites. Oprano will be under no obligation,
however, to permit any link or frame.
Upon proper registration
for a subscription and subject to the terms and conditions of these terms of
use and the applicable end user license agreement, Oprano grants you a limited,
personal, non-exclusive, nontransferable, revocable right to access and to post
or transmit messages or other material to the bulletin boards and other forums
available on the Site for your personal, non-commercial purposes. If you are
under the age of eightteen (18) years old, you are not authorized to access or
to post or transmit messages to any chat room, bulletin board, or other forum
and you agree not to do so.
Oprano has the
right, but not the obligation, to monitor the materials transmitted to, or posted
on the bulletin board or other forum to determine compliance with the terms
and any law, rule, regulation or government request. Oprano shall have the right,
in its sole discretion, to edit, remove, or refuse to post, any material submitted
to, or posted on, any bulletin board or other forum. Oprano reserves the right
to remove any content that Oprano determines, in its sole discretion, is in
license agreement or is otherwise objectionable; you acknowledge that Oprano
is not liable whatsoever for editing, removing or refusing to post your content.
5. Product and
The Site provides
users with information regarding current and upcoming Oprano, Affiliate, News,
Programs, products and services and promotional offers. Product and service
descriptions and promotional offers on the Site may vary from time to time.
Due to differences in equipment and other technical issues, as well as the possibility
of typographical error, product and service descriptions and promotional offers
may not be complete, current or accurate. Oprano cannot guarantee that any particular
product or service or promotional offer displayed on the Site will be available
at any time or will ever be made available at all. Certain products or services
or promotional offers may, without notice, be subject to restrictions, whether
as to quantity, minimum age requirements, or otherwise.
6. Your Information
and Privacy Considerations.
In order to take
advantage of the full capabilities of the Site, such as the participation in
certain special offerings and promotions, and to receive e-mailed information
and announcements, you may be asked to send us information about yourself or
others. We respect your privacy and the privacy of others, and we will, of course,
endeavor to take care of any information you supply to us. If you believe, however,
that any such information is so private to you or to any other person that possible
disclosure would be embarrassing or otherwise inappropriate, we ask that you
do not supply that information, even if it means that certain of this Site's
capabilities would therefore be rendered unavailable to you or any other person.
We do require, however, that the information you elect to provide to us be true,
accurate, current and complete, and we request that you update that information
We reserve the
right to use "cookies," which are small computer files we would thereby
transfer to your computer's hard drive to allow us to monitor Site usage. You
have the ability to accept or decline cookies, but if you choose to decline
cookies, performance of the Site might be adversely affected.
to the Site are likely governed by their own policies. Oprano is not responsible
for those policies and expressly disclaims any liability relating to any aspect
of any such linked site.
You agree that
we may communicate with you via e-mail and any similar technology for any purpose
relating to the Site and any associated Oprano service, as well as services
or advertising that may in the future be provided by us or on our behalf.
Use of the Oprano
services associated with the Site is available solely to adults. If you are
a minor, you are not allowed to register or complete the registration process.
Any person who agrees to the end-user license and subscription agreement shall
have automatically represented and warranted to us that he or she is an adult
and that he or she shall thereby have accepted this agreement under that condition.
7. Disclosure of
As an express exception
to the foregoing, Oprano reserves the right to disclose information gathered
from the Site and any Oprano service associated with it if required to do so
by law or if done in a good-faith belief that disclosure is reasonably necessary
to comply with legal requirements, to respond to claims that any information
violates the rights of third parties, or to protect the rights, Site and Oprano-service
benefits, property or personal safety of Oprano, Site users or the public. You
therefore authorize us to disclose any information about you to effectuate that
purpose as we, in our sole discretion, believe necessary or appropriate.
8. No Warranty.
The site, including
any content or information contained within it and any linked website, is provided
"as is" and "as available." TO THE FULLEST EXTENT PERMITTED
BY LAW, OPRANO EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
to the foregoing, Oprano makes no representation or warranty of any kind as
to any linked website or, (a) that there will be no interference with your enjoyment
of the Site; (b) that information provided to you will fulfill any particular
purpose or need; (c) that information is complete, reliable or accurate; (d)
that any request will be honored according to your schedule or any stated schedule;
(e) that the Site will otherwise meet any specifications, requirements or expectations;
(f) that the Site will be uninterrupted, timely, secure or error free; (g) that
the results that may be obtained from use of the Site will be accurate and reliable;
or (h) that any errors in the content of the Site will be corrected.
9. Limitation of
Oprano shall have
no liability for the deletion of any communications or information collected,
maintained or transmitted by the Site or the failure to store any information,
including personalized settings. Oprano shall have no liability with respect
to any information posted by users on bulletin boards provided to users at any
time. IN NO EVENT SHALL OPRANO, ITS AFFILIATES OR EQUITY HOLDERS, OFFICERS,
DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHICH MAY ARISE, DIRECTLY OR INDIRECTLY,
FROM ACCESS TO, OR THE USE OR ATTEMPTED USE OF, THE SITE OR ANY LINKED WEBSITE,
EVEN IF ADVISED OF THE POSSIBILITY OF THAT DAMAGE.
Any content, comments,
suggestions, testimonials, endorsements, ideas, or similar material disclosed,
submitted or posted by you on the Site or in connection with it, including,
but not limited to the bulletin board, or other forum, will be considered non-confidential,
non-proprietary and not personal either to you or to anyone else. By so disclosing,
posting or submitting any such material, you grant to Oprano and its affiliates
a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully
sub-licensable right to use, reproduce, modify, edit, publish, translate, rework,
distribute and display that material without compensation or notice and, in
the sole discretion of Oprano, without acknowledgment of source. You also agree
to permit any other end-user to access, view, download, transmit, store and
reproduce content disclosed, submitted or posted on the Site in accordance with
At any time, and
without notice, Oprano may modify, update, or otherwise change the terms of
this agreement or the Site. You agree that you are deemed to be apprised of,
and that you are bound by, those changes, immediately upon the posting of them.
Oprano may, in
its sole discretion, terminate your use of the Site or cancel or terminate this
agreement for any reason, without prior notice. Upon termination or cancellation
of this agreement, you will immediately discontinue use of the Site. In its
sole discretion, and at any time, Oprano may also discontinue providing the
Site or any part of it, with or without notice. Oprano shall not be liable to
you or any third party for any of the foregoing. Sections 3, 6, 7, 8, 9, 10,
11, 12, 13 and 14 shall survive termination of this agreement.
and Choice of Law.
All claims regarding
the Site shall be governed according to the laws of the State of Georgia,USA, without regard to its conflicts of law principles. Any claim
or action arising under this agreement shall be subject to the exclusive jurisdiction
of courts in the State of Georgia, USA. Oprano makes no representations
or warranties that materials on the Site are appropriate or available for use
in any particular location; accessing the Site from any territory in which its
content is illegal is not permitted or sanctioned by Oprano.
14. Complete Agreement.
constitutes the entire agreement between you and Oprano with respect to use
of the Site, superseding any other agreement between you and Oprano with respect
to the subject matter of this agreement. Section headings in this agreement
are for convenience only and have no legal or contractual effect. If any provision
of this agreement is found to be unenforceable, the other provisions shall still
remain in full force and effect.
the Site were last updated on August 12, 2007. Please check back periodically
for updates and changes.