Terms & Conditions
Acceptance of Terms
By using Opal, provided by Opal Labs Inc. ("Opal Labs"), you agree to be bound by these Terms and Conditions ("Terms") and that these Terms govern your use of same. Your access and/or use of Opal constitutes your acceptance of these Terms.
Opal Labs rejects any additional or contrary terms submitted by you or any other third party. Any exceptions or changes to these Terms will only be binding if approved in writing by an authorized officer of Opal Labs.
Opal Labs may, in its sole discretion, modify or revise the Terms at any time without notice to you, and you agree to be bound by such modifications or revisions. Unless explicitly stated otherwise, any updates, enhancements, new features, or properties that alter, augment, or enhance Opal are subject to the Terms. Your continued use of Opal after any changes made to Opal or these Terms constitutes your acceptance of all such changes.
Opal Labs' Privacy Policy applies to and is incorporated into these Terms by this reference.
Contacting Opal
If you have any technical problems, please contact your Community Manager by clicking on "Give Feedback" link in the footer.
If you have any questions about these Terms or Opal Labs product or services, please email Opal Labs at hello@ouropal.com.
Use & Eligibility
Your use of Opal is at your sole risk. Opal is provided on an AS IS and AS AVAILABLE basis. Opal is for your personal, internal use only. You understand that your content may be transferred unencrypted over the internet.
All users must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of Opal. You are responsible for maintaining the confidentiality of your Opal password and account, and are responsible for all activities that occur thereunder.
Opal Labs reserves the right to refuse or discontinue participation in Opal to any registrant at any time in its sole discretion.
Protection of Personal Information
Opal Labs is running Opal through SSL which is Secure Sockets Layer. A user at anytime can modify their privacy settings so that other users cannot see their activity. Please see our Privacy Policy regarding Opal Labs' collection and use of your personal information.
User Account Security
You agree to notify your Community Manager immediately of any unauthorized use of your account or any other breach of security. Opal Labs will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else's account at any time.
API Terms
Opal Labs is partnered with third party organizations. Our third-party partners, e.g. Global Giving, can access a user's data upon request of that user, when user wants to donate money to a cause and other opportunities through Opal's applications.
Proper Use
You agree that you will use Opal in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence.
You represent and warrant that you shall not, shall not agree to, and shall not authorize or encourage any third party to:
- Use Opal for any unlawful, invasive, infringing, defamatory, harassing, abusive, fraudulent, or obscene purposes,
- Upload, transmit, or otherwise distribute any content that contains viruses, or is otherwise objectionable as reasonably determined by Opal, to send spam or other types of unsolicited e-mail of any kind, regardless of the content or nature of the messages;
- Send, input or upload to Opal any information that contains viruses, Trojan horses, worms, time bombs, or any other computer programming routine that is intended to damage, interfere with, harm, intercept or expropriate Opal or its contents;
- Alter, damage, steal, copy, modify, loan, lease, sell, license, reverse engineer, transmit or distribute any portion of Opal or its content, including its source code, software, and documents;
- Resell, duplicate, reproduce or exploit any part of Opal without the express written permission of Opal; use any robot, spider, other automated device, or manual process to monitor or copy any content from Opal; or
- Alter, steal, corrupt, disable, destroy, trespass, or violate any security or encryption of any computer file, database, or network.
Except as expressly provided in these Terms of Use, no part of Opal or its content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without Opal Lab's express prior written consent.
You agree to indemnify us for any loss, liability, or expense (including reasonable attorney's fees) incurred by us for your breach of these warranties.
Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences.
Opal Labs Anti-spam Policy
Opal Labs has a no-tolerance spam policy. Any user found to be using Opal for spam will be immediately cut-off from use of the product. If you know of or suspect any violators, please notify your Community Manager.
Links to Third Party Sites
Opal Labs does not endorse nor does it accept any responsibility for the content or your use of any third party websites linked or otherwise placed on Opal. It is up to you to take precautions against viruses, worms, Trojan horses and other items of a destructive nature that may exist on third party sites.
Opal Availability
Because public networks, such as the Internet, occasionally experience disruptions, Opal Labs cannot guarantee that Opal will be available 100% of the time. Although Opal Labs strives to provide the most reliable application possible, interruptions and delays in accessing Opal are unavoidable and Opal Labs disclaims any liability for damages resulting from such problems.
Modifications to Opal
Opal Labs reserves the right to modify, suspend, or discontinue Opal at any time for any reason with or without notice.
Proprietary Rights
You acknowledge and agree that Opal Labs owns all right, title and interest, including all intellectual property rights, in and to Opal, including any content, updates or revisions, and any accompanying applications, programs, products, or documentation. Opal is protected by United States and international copyright laws and treaties, as well as other intellectual property laws and treaties. All rights of any kind in Opal that are not expressly granted to you under these Terms are expressly reserved to and by Opal Labs, its successors and assigns.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on Opal, is owned, controlled or licensed by or to Opal Labs, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Unless Opal Labs has agreed otherwise in writing, nothing in these Terms gives you a right to use any of Opal Labs’ trade names, trademarks, service marks, logos, domain names, or other distinctive brand features, for any purpose, or in any manner that is likely to cause consumer confusion, or that disparages or discredits Opal Labs. All other trademarks not owned by Opal Labs that appear on Opal are the property of their respective owners, who may or may not be affiliated with Opal Labs. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained on Opal.
Unless otherwise agreed in writing by us, you retain copyright and any other rights you already hold in any content you post to Opal. By submitting or posting any content on Opal, you give us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, and publish any such content for the purpose of the use and function of Opal. You confirm and warrant to us that you have all the rights, power and authority necessary to grant the above license.
You further warrant and represent that any content posted by you on Opal is original to or owned by you, or, you have obtained all necessary permissions and releases in writing for the use of such content, and all content posted by you on Opal does not infringe any copyright or other proprietary right of any other person or entity. You agree that as an express condition of using Opal, you will not use Opal to infringe the intellectual property rights of others in any way. Opal Labs reserves the right to terminate your account if you infringe (or are alleged to have infringed) the copyrights or other intellectual property rights of any third party and to remove all such infringing (or allegedly infringing) material from Opal.
DMCA – Copyright Infringement Complaints by Third Parties
Opal Labs respects the intellectual property of others. We therefore abide by the federal Digital Millennium Copyright Act ("DMCA") by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on Opal that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that he or she may make a counter notification, also in accordance with the DMCA.
If you are a third party and believe that your work has been copied in a way that constitutes copyright infringement, please provide Opal Labs’ copyright agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed, and the place where the material that you claim is infringing is located on Opal;
- Your address, telephone number, and email address;
- A statement that your claim of infringement is based on a good-faith belief;
- A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
Notice of claims of copyright infringement should be sent to the Community Manager. The above notice requirements are intended to comply with Opal Labs' rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.
If material you've posted on Opal has been removed pursuant to a DMCA notice, you may file a counter-notification that contains the following details. Send this notice to your Community Manager:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
- Your name, address and telephone number;
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the USA, for the Federal District Court of Oregon and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above;
- Your physical or electronic signature.
User Suspension and/or Termination
Opal Labs, in its sole discretion, may suspend or terminate your account for violating these Terms. You understand that breach of any of these Terms may also result in civil action against you.
Right of Removal of Materials
Opal Labs reserves the right at any time, with or without your prior consent and without liability to you, to delete from Opal all of your personal information, data, text, files, images and all other materials and to prevent you from obtaining access to any such data. In particular, it is the absolute policy of Opal Labs to reject any materials, which, at our sole discretion, consider to be illegal, obscene, in bad taste, or in any other way inappropriate.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPAL LABS, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATED COMPANIES, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOST OR DAMAGED DATA; SUBSTITUTE GOODS; LOST PROFITS; INTERRUPTION OF BUSINESS; OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF OPAL LABS, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATED COMPANIES, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS FOR THE USE OR INABILITY TO USE OPAL OR UNDER THESE TERMS EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). YOU AGREE THAT THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS ITS ESSENTIAL PURPOSE.
DISCLAIMER OF WARRANTY
OPAL LABS DOES NOT WARRANT THAT OPAL WILL BE PROVIDED ERROR-FREE, UNINTERRUPTED, SECURE, OR VIRUS-FREE. OPAL LABS PROVIDES OPAL AND THE MATERIAL AND CONTENT CONTAINED ON OPAL ON AN AS IS BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPAL LABS MAKES NO WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, CONCERNING OPAL OR ARISING OUT OF THESE TERMS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
INDEMNIFICATION
You agree to indemnify and hold Opal Labs, its officers, directors, shareholders, affiliated companies, employees, agents, successors, and assigns harmless from any and all disputes, causes of action, suits, claims, fees or costs, including reasonable attorney's fees, arising from or related to your breach of these Terms or your use of Opal.
General Provisions
These Terms constitute the complete and final agreement between the parties and supersede any prior oral and written agreements. The headings contained in these Terms are inserted for the convenience only and shall not be interpreted to alter or otherwise effect these Terms. Opal is created and operated in Oregon and these Terms shall be construed and governed by the laws of the State of Oregon, without regard to Oregon’s conflict-of-laws principles. You agree that any claim asserted in any legal proceeding based on these Terms or on Opal shall be commenced and maintained exclusively in state or federal court located in Multnomah County, Oregon. You agree to submit to the jurisdiction of such courts over you personally in connection with such litigation, and waive any objection to venue in such courts and any claim that such forum is an inconvenient forum. Any waiver must be in writing. A waiver of any right, default, or provision of these Terms shall not be deemed a continuing waiver or a waiver of any other default or term. Any portion of these Terms that are deemed invalid or unenforceable in any jurisdiction shall not render invalid or unenforceable the remaining Terms or otherwise affect the validity or enforceability of the remaining Terms. You agree that the remedy at law for any breach of these Terms by you would, by its nature, be inadequate, and that in that event Opal Labs shall be entitled, in addition to damages, to a restraining order, temporary or permanent injunctive relief, specific performance, and other appropriate equitable relief, without showing or providing that any monetary damage has been sustained and without the requirement of posting a bond. In any proceeding to enforce or interpret these Terms, the prevailing party shall be entitled to recover from the losing party reasonable attorney fees, costs, and expenses incurred by the prevailing party before and at any trial, arbitration, bankruptcy, or other proceeding, and in any appeal or review. Our performance of any obligation hereunder shall be excused or rescheduled if prevented by acts of God, government or public enemy, fire or other casualty, labor dispute or, without limiting the generality of the foregoing, any circumstance beyond our reasonable control.