Terms and Conditions

Last updated: April 12, 2020

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.opa.app website and the Opa mobile application (together, or individually, the "Service") operated by Opa, Corp. ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Community Guidelines

The following Community Guidelines apply to all content on Opa. In certain cases, we won’t take action against content when it is newsworthy and relates to a matter of political, social, or other general concern to our community.

Sexually Explicit Content
• We prohibit accounts that promote or distribute pornographic content.
• Breastfeeding and other depictions of nudity in non-sexual contexts are not considered pornographic and are permitted on Opa.
• Never post or live-stream nude or sexual content involving anyone under the age of 18 — even of yourself. We report child sexual exploitation to authorities.

Harassment & Bullying
• We have zero tolerance for bullying or harassment of any kind.
• Don’t take a photo, live-stream, or send a message with the intention of making someone feel bad. If someone blocks you, don’t try to contact them from another account.
• Don’t take photos or live-streams of people in private spaces — like a bathroom, locker room or a medical facility — without their knowledge and consent.
• If someone is in your live-stream or photo and asks you to remove it, please do!

Threats, Violence & Harm
• Never threaten to harm a person, a group of people, or someone’s property. Encouraging violence is prohibited on Opa.
• Don't take a photo or live-stream violence, including animal abuse.
• We don’t allow the glorification of self-harm, including the promotion of self-injury or eating disorders.

Impersonation & Spam
• Don’t pretend to be someone you’re not — this includes your friends, celebrities, brands, or other organizations — or attempt to deceive people about who you are.
• We prohibit spam and deceptive practices, including content that imitates Opa ad formats.

Hate Speech & False Information
• Don't post or live-stream any content that demeans, defames, or promotes discrimination or violence on the basis of race, ethnicity, national origin, religion, sexual orientation, gender identity, disability, or veteran status.
• We prohibit malicious deception and deliberately spreading false information that causes harm, such as denying the existence of tragic events.

Illegal Content
• Don’t use Opa for any illegal activities — including to buy or sell illegal drugs, contraband, counterfeit goods, or illegal weapons.

Terrorism
• Terrorist organizations are prohibited from using our platform and we have no tolerance for content that advocates or advances terrorism.

Opa cannot guarantee that all users and content will abide by our Community Guidelines at all times, but in the event that these Community Guidelines are violated, we may remove the offending content, terminate the account, and/or notify law enforcement. If your account is terminated for violating our Terms of Use or these Guidelines, you may not use Opa again.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Opa, Corp. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Opa, Corp. customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Opa, Corp. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Opa, Corp. to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Opa, Corp. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

Opa, Corp. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Opa, Corp. until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, Opa, Corp. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

Opa, Corp. , in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Opa, Corp. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by Opa, Corp. on a case-by-case basis and granted in sole discretion of Opa, Corp.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

Opa, Corp. has the right but not the obligation to monitor and edit all content provided by users.

In addition, Content found on or through this Service are the property of Opa, Corp. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Opa, Corp. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Opa, Corp.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Opa, Corp. Opa, Corp. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Opa, Corp. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Opa, Corp. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall Opa, Corp. , nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Opa, Corp. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Colorado, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.



 



Opa Privacy Policy

Opa is committed to providing parties who use Opa [The Service or Services] with a safe and secure environment that respects and protects their personal privacy choices and concerns. The following privacy policy is in effect for all Opa services and we ask you to read it thoroughly. This policy is derived from pledges that we make to you, our users:

• We will not release personally identifiable information about you without your permission (except as needed to provide to you the services you have expressly requested, or if we believe disclosure is necessary under one of the exceptions listed in the section on "third party relationships" below).

• We pledge that we will provide mechanisms for you to communicate your privacy questions and concerns to us and that we will respond to them thoughtfully and thoroughly.

Your consent

By using the Services provided to you, you consent to the collection and use of your information as outlined in this privacy policy. If we make significant changes to this policy, we will post them on this page so that you are always aware of what information we collect and how we use it, and we will issue a notification to you that our policies have been amended. Changes are effective when posted to this page. Your continued use after any change is posted is an acceptance by you of such change.

Helpful Definitions

"Personally identifiable information" is information-such as name, birth date, e-mail address or mailing address, financial information and other types of information that can be used to uniquely identify a user.

"Anonymous Information" is information that does not personally identify you, but that is derived from your using Opa’s Services. This includes information on how you use our Services (such as places visited and search queries performed), geo-specific information concerning the location of mobile, hand held, laptop or other computer devices used to access our Services, demographic information, quantifiable information such as frequency and length of use, and timing information concerning the duration of subscriptions to Opa Services. Anonymous information also includes the domain names and/or I.P. addresses (as explained in greater detail below) of browsers that visit our Services, time of day visited, and other non-personally identifiable information. Anonymous information is information that is not tied to any individual.

Collection and Use of Personally Identifiable Information

Registration

You can visit use our Services without telling us who you are or revealing any personally identifiable information about yourself to us. It is only when you register to become an Opa Subscriber, or otherwise seek to qualify for Services offered by Opa that you may be asked to provide us with personally identifiable information.

During this process we may require you to provide certain personally identifiable information and may ask you to enter an email address and password. Opa will use this information to:

• Welcome you to the Service.

• Send communications from to you about the Service, including new features and Services available.

• Share your information with affiliates, and allow them to contact you directly, if you have consented to this beforehand.

• Verify your qualifications for participating on the Service as an authorized Opa Subscriber.

If you indicate to us that you do not want to receive certain types of communications at the time of registration, we will respect your wishes, and comply with your preferences, however there may be cases where this will limit the Services available to you.

Sharing Personally Identifiable Information with Third Parties

If we share Personally Identifiable information with third parties that you have consented to, they may use the data we provide them (sometimes, in connection with other information they may have gathered about you), but are generally prohibited from sharing this information with other companies or people without your consent.

PLEASE NOTE: In certain special cases, we may disclose your personally identifiable information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to you, or otherwise injuring or interfering with Opa's rights, property or operations, other users, or anyone else who could be harmed by such activities. We may also disclose your personally identifiable information when we believe the law requires it, or in response to any demand by law enforcement authorities in connection with a criminal investigation, or civil or administrative authorities in connection with a pending civil case or administrative investigation.

Anonymous Information

When you use the Service, we may collect anonymous information, even if you have not registered with Opa. We may use this information to examine how the Service is used or to help Opa improve the Services it offers to users. Opa will not share any anonymous information about your use of the Services with third parties if we know that this anonymous information will be linked by third parties with personally identifiable information of yours obtained from another source, unless we have given you notice as described above and you have given us authorization to do so.

Cookies

A "cookie" is a small piece of data that is sent to your browser from a web server and stored on your computer's hard drive. Cookies are harmless bits of code that an internet site assigns to your browser to keep track of who you are when you use a website. There is no risk of the information on your hard drive being exposed to the outside world since a web site can only read the cookies it creates.

Cookies are sometimes used on the internet to improve the delivery of Services to users by enabling the Service to "customize" the particular services or information offered to each user.

Third parties may have their own policies about the use or cookies, and Opa does not have control over these practices. You are responsible for obtaining information about cookies on third party websites if you believe this is important to know.

As a general rule, you can choose whether to accept cookies by changing the settings of your browser. You can reset your browser to refuse all cookies, or allow your browser to show you when a cookie is being sent. If you choose not to accept these cookies, your experience with our Services may be diminished and some features will not work as intended.

Use of IP Addresses

An internet Protocol (IP) address is a set of numbers that is assigned to your computer. Web servers - the powerful computers that provide web pages for viewing - automatically identify your computer by the IP address assigned to it during your session online.

Opa may collect IP addresses for purposes of system administration and to monitor and audit the use of the Services. We can and will use IP addresses to identify users of the Service when we feel it is necessary to enforce compliance with Opa's terms of use or terms of service, or to protect our Service, or other users. We will not share or sell linked user behavior and personal user information with any third parties unless you have given us authorization to do so.

PLEASE NOTE: Under certain circumstances, IP addresses and/or domain names may be linked to personally identifiable information, when said information is stored in databases managed by internet registrars or registries such as Network Solutions.

Third Party Relationships

Third-party sites are NOT covered by this Privacy Policy. Whenever you authorize Opa to share information about you with third parties, you are responsible for determining whether the third party employs an acceptable privacy policy. Opa does not automatically make this determination for you, and does not warrant that any particular third party maintains a privacy policy that is acceptable to you.

Security

Opa operates secure data networks protected by an industry standard VPN, Private Network LAN, and password protection. Opa has security measures in place to attempt to protect against the loss, misuse and alteration of your user data under our control.

Only authorized employees have access to the information you provide us. For example, we impose strict rules on employees who have access either to the databases that store user information or to the servers that host our Services. While we cannot guarantee that loss, misuse or alteration to data will not occur; we will make every effort (such as the use of employee passwords and non-disclosure agreements) to prevent such unfortunate occurrences.

Contacting Us

If you have questions about this privacy policy or the practices of this site, please contact: hello@opa.app

Opa reserves the right to change this Privacy Policy at any time. All changes will be posted to this page and you will be notified that a change has been made.