Terms of service
Please read this Agreement carefully. These Terms of service are a binding contract between you and Opera Software ASA (“Opera”), whose principal place of business is Gjerdrumsvei 19, 0484, Oslo, Norway. By using the website and/or Opera's services you (“User”) hereby agree to be bound by these Terms of service. Otherwise, please discontinue the use of this website and/or Opera Service(s). The Service is offered to User conditioned on User’s acceptance without modification of the terms, conditions, and notices contained herein.
Opera grants User the right to use the My Opera Services (“Services”) for personal use, including My Opera Mail and My Opera Community.
Opera reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. User agrees that Opera shall not be liable to User or to any third party for any modification, suspension, or discontinuance of the Services.
In order to use the Services, User must first agree to the Terms. User may not use the Services if User does not accept the Terms. User can accept the Terms by either clicking to accept or agree to the Terms, where this option is made available to User by Opera; or by actually using the Services. In this case, User understands and agrees that Opera will treat User’s use of the Services as acceptance of the Terms from that point onwards.
1. USER PASSWORD AND ACCOUNT SECURITY
1.1 User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account.
1.2 User agrees to notify Opera immediately of any unauthorized use of User’s account or any other breach of security.
2. USER CONDUCT
2.1 As a condition of User’s use of the Service, User warrants to Opera that the Services will not be used for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
2.2 Users agree to use the Service only to send, receive, upload, and publish personal messages and content. Any unauthorized commercial use of the Service, or the resale of its services, is expressly prohibited. For clarity, the User as a natural person can use the service.
2.3 User agrees to abide by all applicable local, state, national, and international laws and regulations and is solely responsible for all acts or omissions that occur under User’s account or password, including the content of User’s transmissions through the Service or any content you upload or publish through the Service.
2.4 Certain features of these Services may allow User to publish or send content that can be viewed by others ("User Generated Content"). User agrees that Opera is not liable for User Generated Content that is provided by others. Opera has no duty to pre-screen User Generated Content, but Opera has the right to refuse to post, edit, or deliver submitted User Generated Content. Opera reserves the right to remove User Generated Content for any reason, but Opera is not responsible for any failure or delay in removing such material. Opera reserves the right to block any user's access to any content, website or webpage in our sole discretion.
2.5 By using the Services, User warrants that User will not upload, transfer, or otherwise make available files, images, code, materials, or other information or content ("Content") that is obscene, vulgar, sexually-oriented, hateful, threatening, or that violates any laws or third-party rights, hereunder, but not limited to, third-party intellectual property rights. Opera strictly forbids unsolicited messaging and unauthorized advertisements while using any Opera service. User warrants that User hold all the necessary rights to upload to Opera’s site or another site designated by Opera, including the necessary consent to upload and distribute any personal information about third persons and that User will not upload viruses or other forms of malware.
2.6 Opera has a zero-tolerance policy against child sexual abuse content and will terminate the access of any User who publishes or distributes child sexual abuse content. Furthermore, we will report such User to the appropriate authorities.
2.7 Disputes may arise between User and others or between User and Opera related to content, including User Generated Content. Such disputes could involve, among other things, the use or misuse of domain names; the infringement of copyrights, trademarks, or other rights in intellectual property; defamation; fraud; the use or misuse of information; and problems with online auction or commerce transactions. User agrees that all claims, disputes, or wrongdoing that result from, or are related in any way to, the content of information that User posts, transmits, re-transmits, or receives through the Services, Opera Software's network or Software are User’s sole and exclusive responsibility. Opera may at its discretion block certain websites or domains and re-route User to other pages. By accepting these Terms of service, User hereby consents to this.
2.8 Opera does not claim ownership of any User Generated Content. However, by submitting User Generated Content to us, User grants Opera the right and limited license to use, copy, display, perform, distribute, and adapt this User Generated Content for the purpose of carrying out the Services.
2.9 By submitting any ideas, concepts, know-how, or techniques in the Dev.Opera forum, you consent to Opera's unrestricted use of those items.
3. MY OPERA MAIL PRIVACY
3.1 It is Opera's policy to respect the privacy of its members. Opera will not monitor, edit, or disclose any personal information about User or User’s use of the Service, including its contents, without User’s prior permission unless required or allowed by law, or where Opera has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Opera; (3) enforce these Terms of service; (4) act to protect the interests of its members or others; or (5) facilitate a change of control of the Service or the acquisition of Opera's business by a third party and to enable that third party to continue to provide the My Opera Mail services to you. Opera may provide certain user information in aggregate form to third parties for demographics. In addition, User’s Internet protocol address is transmitted with each message sent from User’s account.
3.2 Opera may share email User reports as spam with third parties for the purpose of assisting in industry initiatives to control undesirable email. Information User provides to Opera may be stored outside of the country in which User resides, and User hereby consents to such storage and transfer of information between jurisdictions.
3.3 User agrees that Opera may access User’s account, including its contents, as stated above or to respond to service or technical issues.
4. MESSAGE STORAGE, FILE STORAGE, OUTBOUND MESSAGES AND OTHER LIMITATIONS
The amount of storage space per User may be limited (see the Help link for details). Some sent or received messages, or uploaded or downloaded files, may not be processed due to space constraints or other limitations. User agrees that Opera is not responsible or liable for the deletion or failure to store messages, files, or other information.
5. LINKS TO THIRD-PARTY SITES
5.1 The Services contain (or User may be sent through Opera’s Site or the Service) links to other websites ("Third-Party Sites"), as well as 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 Applications, Software, or Content"). The Services, Third-Party Sites, Third-Party Applications, Software, and Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Opera. Furthermore, Opera is not responsible for User’s use of the Services or any Third-Party Sites accessed through Opera’s Site or any Third-Party Applications, Software, or Content posted on, available through, or installed from Opera’s Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software, or Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software, or Content does not imply approval or endorsement thereof by Opera.
5.2 If User decides to leave Opera’s Site and access the Third-Party Sites or to use or install any Third Party Applications, Software, or Content, User does so at User’s own risk, and User should be aware that our terms and policies no longer govern. User should review the applicable terms and policies, including privacy and data gathering practices, of any site to which User navigates from Opera’s Site or relating to any applications User uses or installs from the site.
6. DISCLAIMERS/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 in 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 the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable.
6.3 User specifically agrees that Opera shall not be responsible for unauthorized access to or alteration of User’s transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. User specifically agrees that Opera is not 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. User specifically agrees that Opera is not responsible for any content sent using and/or included in the Service by any third party.
6.4 Opera reserves the right to assign its rights and responsibilities under this agreement to any third party.
6.5 OPERA AND/OR ITS RESPECTIVE SUPPLIERS MAKE 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 AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM 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 AND/OR ITS SUPPLIERS 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 OR RELATED WEBSITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF OPERA OR ANY OF ITS SUPPLIERS 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 USER. IF USER IS DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF SERVICE, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEBSITES.
User agrees to indemnify and hold Opera, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of User’s use of or conduct on the Service.
8.1 Opera may terminate User’s 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. Opera may also terminate or suspend User’s account for inactivity, which is defined as failing to sign-in to the Service for an extended period of time, as determined by Opera. The amount of time that Opera currently considers as an "extended" period of time may be viewed from the Help link. Upon termination of the Service, User’s right to use the Service immediately ceases.
8.2 Opera shall have no obligation to maintain any content in User’s account or to forward any unread or unsent messages to User or any third party.
9. PROPRIETARY RIGHTS TO CONTENT
User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics, or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, by Opera, or Opera's Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User agrees not to violate these laws or infringe on these rights in any way.
10. MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES
This Agreement will be governed by the laws of Norway without giving effect to any conflicts of law principles that may require the application of the 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 arising under or related to this Agreement must be brought in the Oslo City Court, and each party hereby agrees to irrevocably submit to the jurisdiction and venue of any such court in all such actions or proceedings. 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. User may not assign or transfer 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.