TERMS OF SERVICE
Welcome to Ownage Prank’s hub, which is accessible via the Ownage Pranks App (the “App”) as well as through www.ownagepranks.com (the “Site”)
Please read the terms contained in this Agreement carefully before using this Site and our Services. Please note that these terms include, but are not limited to, a limit on and exclusion of damages and remedies available to you, and the selection of a choice of law and jurisdiction you may not live in to resolve any disputes arising out of this Agreement.
Your use of the Site and the associated Services confirms that you have read and understood this Agreement and you unconditionally accept this Agreement. If you do not accept these terms and conditions, do not use the Services.
By accepting of this Agreement, you warrant that you are an adult of the age of majority required to enter into an agreement or your parents or legal guardians have entered into this Agreement as individuals and are now bound by this Agreement. OP Media may take steps to limit or fully restrict certain users depending on age. Some of those restrictions are described in this Agreement.
You may be visiting this page because you have a complaint about how someone in our community is using the Service. We take those complaints seriously, so please send them through this form.
CHANGES TO THIS AGREEMENT
We reserve the right to revise this Agreement at any time. Any changes to these terms will be included in a revised version of this Agreement accessible through the Service. Your use of the Service following posting of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the changed terms. You must cease using the Service if you do not agree to be bound by the revised Agreement.
The Effective Date of this Agreement is February 1st, 2021
END USER LICENSE
Subject to your compliance with this Agreement, OP Media grants you a limited nonexclusive, nontransferable, non-sublicensable license to download and install a copy of the App on a mobile device and to run such copy of the App solely for your own personal, noncommercial purposes. This license does not give you any title or ownership in the Service, or OP Media’s scripts. This license should not be construed as a sale or transfer of any intellectual property rights to the App, Service or scripts. OP Media reserves all rights in and to the Service and all of its related content not expressly granted to you under this Agreement.
The grant of this license is not, and shall not be construed as, a grant of any right to you to use, receive or view, copies of source code, schematics, master copies, design materials related to the App. Without limiting the foregoing, you shall have no rights to receive any source code for the App and shall not reverse engineer, disassemble or decompile, or otherwise attempt to derive source code for the App for any purpose.
NOTICES TO USERS:
RECORDING OTHERS USING THE APP MAY BE ILLEGAL IN YOUR STATE OR COUNTRY
This Service offers a feature enabling users to record others during a call. Depending on the state or country in which you are located or the person you are calling is located, you may violate a state’s or country’s law by listening in on or recording a telephone conversation without informing them. You may not—and represent and warrant you have/will not—use the recording capability of the Service unless you have determined that your use is legal each time you use the feature.
Before recording any call, you must check the laws of your state and the laws of any state in which a person you are calling is located in order to determine if you need the other party's permission to record a call. Even if your state only requires the permission of one party, you should be aware that it is possible to make calls to or receive calls from people located in states that require the permission of both parties to record a call. If you record such a call without the knowledge and permission of the other person, you may be subject to criminal prosecution in the other state.
You must also confirm that phone number you are calling is not on the national “Do Not Call” registry or any similar “do not call” list.
CERTAIN NUMBERS ARE FULLY RESTRICTED FROM CALLING
You are strictly prohibited from using the App to call emergency lines, health care facilities, government agencies, employees or officials, law enforcement, schools, numbers assigned to radio common carrier services, or any service for which the called party is charged for the call. Calling one of these entities shall result in immediate termination of your account, if found, and may possibly make you subject to criminal or civil prosecution.
YOU MAY CALL ONLY PEOPLE YOU KNOW PERSONALLY
You are strictly prohibited from using the App to call anyone you have not had a personal interaction with. Although the scripts are often cartoonish and often outlandish, some of the scripts may be scary or misleading to people who may not be expecting these calls or who cannot get a personal, friendly explanation about the nature of the call. We’ve therefore chosen to require you to call only to people who you know personally and by using the Services you represent and warrant that you will adhere to this restriction. Calling strangers can result in immediate termination of your account, if found, and would possibly make you subject to criminal or civil prosecution.
YOU GRANT PERMISSION FOR US TO CALL YOU AND FOLLOW UP WITH THE PEOPLE YOU CALL
By registering your number through the App, you grant us permission to call the phone number you provided at registration. You represent and warrant that any numbers you have called using the App meet the guidelines of this Agreement and assent to us calling or following up with any of those phone numbers you have called using the App.
We may choose contact you to audit a call you have made or contact a person you have called to ensure that your use of the Services complies with this Agreement.
THIS APP CANNOT BE USED FOR AUTODIALING AND ROBOCALLS
We take telecommunications regulations very seriously and have call limits, manual dialing restrictions, and other limitations in place to prevent the Services being used as an auto-dialer or a robocalling platform. Any attempts to use the Services in an automated nature shall result in immediate termination of your account and may result in civil or criminal penalties.
THIS APP USES CELEBRITY AND ORGANIZATIONAL IMPERSONATORS
Certain scripts available through the Service are voiced by celebrity impersonators or may seem to impersonate real organizations. This Service is not affiliated with, maintained, authorized, endorsed or sponsored by any of the impersonated celebrities or any of their affiliates. You may not post or share Content suggesting that an impersonated celebrity or organization is, in fact, the real celebrity or organization.
TERMS RELATED TO TELESWAP PARTINERSHIP
The Service, through a partnership with Teleswap, may allow users to make calls via an obfuscated number (the “Feature”). This Feature is governed by all the terms in this Agreement as well as these additional terms in this section.
You represent and warrant that you have not and will not use this Feature for commercial purposes. Using the Feature in connection with telemarketing or debt-collection, for example, may be a violation of the law as well as a violation of these terms.
You may not use the Services to commit fraud or make misrepresentations even if those misrepresentations do not arise to the level of a legal violation. This feature should currently only be used to call phone numbers in the United States. The FTC governs fraudulent activity related to callers disguising their identity: should a user use the Feature to engage in fraud, the Service reserves the right to use the data it retains from the Feature to assist in any investigation.
OP MEDIA RESERVES THE RIGHT TO TAKE DOWN ANY USER-GENERATED CONTENT
We reserve the right, at any time and without prior notice, to remove or disable access to any Content (defined below) and/or data submitted by a user, that we consider, in our sole discretion, to be in violation of these Terms or harmful to the App’s community. This includes, but is not limited to, placing strikes on videos generated by the App hosted on social media sites such as YouTube, Facebook, Twitter, and Instagram.
Deleted Content and/or data may be stored by OP Media in order to comply with certain legal obligations. Consequently, OP Media encourages you to maintain your own backup of your Content. OP Media will not be liable to you for any modification, suspension, or discontinuation of the Service, or the loss of any Content.
We reserve the right to enforce rules to encourage a positive atmosphere in our community. The following rules of conduct apply to all Services.
1 You must be 18 years or older to use the Service or have parental consent.
2 You may not post pornographic materials. This includes nude, partially nude, or sexually suggestive photos.
3 You are responsible for any activity that occurs under your registered account.
4 You may not impersonate another person/company or represent yourself as affiliated with OP Media or OP Media’s staff.
5 You are responsible for keeping your password secure.
6 You must not abuse, harass, threaten, impersonate, or intimidate other Service users or use the Service to harass others.
7 You may not use URLs in your screen name or posts without prior written consent from OP Media.
8 You may not use the Service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
9 You are responsible for any data, text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, display, or create on or with the Service ("Content").
10 OP Media does not control, is not responsible for and makes no representations or warranties with respect to any Content.
11 You may not register for an account on the Service or use the Service if you are 13 years old or younger. In compliance with COPPA, if you find someone 13 years old or younger using the Service without parental consent, please contact us.
This list is an example and is not intended to be complete or exclusive. We don't have an obligation to monitor your access to or use of the Service or to review or edit any information posted to the Service by users. However, we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
The Content available through the Service has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Service or any Content on the Service, relating to its quality, suitability, truth, accuracy or completeness.
- You may not access or try to access non-public areas of the Service, our computer systems, or the technical delivery systems employed by our Service.
- You may not use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, crawl, scrape, or otherwise index any portion of the site or any content from the Service including but not limited to posted items, user profiles, names, addresses, email addresses, and photos.
- You may not create or submit unwanted email, messages, or comments to any OP Media users ("Spam").
- You may not gather and use information, such as users’ name, real names or email addresses which are made available through the Service for any purpose outside of these Terms, including but not limited to Spam or any other form of unwanted solicitation.
- You may not transmit any worms or viruses or any code of a destructive nature.
- You may not use the Service to violate any laws in your jurisdiction (including but not limited to copyright laws).
- Violation of this Agreement can result in the termination of your account on the Service.
- While we prohibit certain conduct and Content on its site, you understand and agree that we cannot be responsible for the Content posted on its Services so you nonetheless may be exposed to such materials and that you use the Service at your own risk.
- The Service may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites, or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
- The Service may allow you to import contact information from a contact list or other data source created by other another program not affiliated with OP Media. If you choose to import data into OP Media from any other source, you represent that you have the authority to import that data and that your importation of that data does not violate the rights or terms of any third-parties.
- We reserve the right to refuse Service to anyone for any reason at any time.
- We reserve the right to force forfeiture of any username that becomes inactive, violates this Agreement, defames, or may mislead other users.
- We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or this Agreement.
- We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
Additional Terms for App Store Apps
If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (a) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (b) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.
If you accessed or downloaded the Service from any app store or distribution platform (like the Apple Store, Google Play, or Amazon Appstore) (each, an “App Provider”), then you acknowledge and agree that:
- This Agreement’s Terms are concluded between you and OP Media, and not with App Provider, and that, as between us and the App Provider, OP Media is solely responsible for the Service.
- App Provider has no obligation to furnish any maintenance and support services with respect to the Service.
- In the event of any failure of the Service to conform to any applicable warranty, you may notify App Provider, and App Provider will refund the purchase price for the Service to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the Service. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of an app to conform to any warranty will be the sole responsibility of OP Media.
- App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Service or your possession and use of the Service, including but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third-party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, OP Media will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the Service, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Service against you as a third-party beneficiary thereof.
- You must also comply with all applicable third-party terms of service when using the Service
- You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Service nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Service, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
INTELLECTUAL PROPERTY RIGHTS
- By posting, uploading, embedding, displaying, communicating, or otherwise distributing ("Posting") any Content on or through the Service, you hereby grant to OP Media a non-exclusive, perpetual, irrevocable, fully paid and royalty-free, worldwide, sub-licensable and transferable license to all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual and industrial property rights (“Rights”). This grant allows OP Media to use, modify, publicly perform, publicly display, reproduce, distribute, monetize, and generally exploit such Content, including without limitation distributing part or all of the Content in any media formats, for any purpose, in perpetuity, through any distribution channels, known or unknown.
- You agree that you shall promptly execute and shall cause anyone acting on your behalf promptly to execute, any and all documents that may be necessary to perfect OP Media's rights in and to work or Intellectual Property if it has not already been perfected by this Agreement.
- You may not copy, modify, reproduce, retransmit, reverse engineer OP Media Intellectual Property in any fashion or for any purpose other than set forth in this Agreement without the express written permission of the OP Media.
- Some of the Service are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that OP Media may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you.
- You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your Content on the Service does not result in a breach of contract between you and a third party.
- You agree to pay for all royalties, fees, and any other monies owed to any person by reason of Content you post on or through the Service, whether or not you have authorized such use on your account. If you believe your account, username, or password are being used in an unauthorized manner, you agree to contact OP Media so that appropriate action can be taken to modify your account. Please note that account information will be sent to the email address you provided to OP Media upon signing up for the Service and therefore you should use a secure email address. OP Media is not responsible for the actions of any person that accesses that email account. You are responsible for any and all charges to your account and OP Media cannot be held responsible for fraudulent charges that result from theft or fraudulent use of your credit card, password, or other security measure.
- The Service contains copyrighted material, trademarks and other proprietary information that may include, but is not limited to text, software, photos, video, graphics, music and sound, and the entire contents of the Service are copyrighted as a collective work under the United States copyright laws. You acknowledge that OP Media owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.
- OP Media hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the OP Media Content (excluding any software code) solely for your personal use in connection with viewing postings and using the Service.
- User acknowledges that it does not acquire any ownership rights by accessing or otherwise using copyrighted material. Except as provided within this Agreement, you may not copy, modify, create derivative works, publicly display, publicly perform, or digitally transmit any part of the Service.
- To the extent any "moral rights," "ancillary rights," or similar rights ("Moral Rights") in or to the Postings exist and are not exclusively licensed by us and to the extent you are able to do so under applicable law, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
- Without limiting the scope of the license or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Postings, and to the extent allowed by applicable law, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Postings submitted by you to us.
- By Posting to the Service, you waive any right to send a copyright-related or terms of service related account “strike” on any of OP Media’ third-party accounts based on the Content you Posted or any work derived from that Content.
- You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Service ("Feedback") is given entirely voluntarily and, even if designated as confidential, will not create any confidentiality obligation for us and we will be free to use, disclose, reproduce, license, distribute, and otherwise exploit such Feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
NOTICE AND TAKEDOWN PROCEDURE FOR COPYRIGHT COMPLAINTS
It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to OP Media as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.
It is expected that all users of any part of OP Media will comply with applicable copyright laws. However, if OP Media receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.
If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
OP Media’s Designated Agent to receive notification of alleged infringement under the DMCA can be contacted via this form
Upon receipt of proper notification of claimed infringement, OP Media will follow the procedures outlined herein and in the DMCA.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide OP Media's Agent (listed above) the following information in a written communication:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit OP Media to locate the material;
- Information reasonably sufficient to permit OP Media to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- The following statement: "I 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";
- The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyrights.
A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide OP Media's Agent (listed above) the following information in a written communication (preferably via email):
- 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 access to it was disabled;
- Your name, address, and telephone number;
- The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]";
- The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
- The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
- Your signature, in physical or electronic form.
Upon receipt of such counter notification, OP Media will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that OP Media will replace the removed material or cease disabling access to it in 10 business days. OP Media will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
In accordance with Section 512(i)(1)(a) of the DMCA, OP Media will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
Accommodation of Standard Technical Measures
It is OP Media's policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that OP Media determines are reasonable under the circumstances.
VIRTUAL MONEY AND GOODS
The Service may permit the purchase of virtual currency, such as credits, points, and gems (“Virtual Money”), and use of that Virtual Money to purchase virtual object or services (“Virtual Goods”). Virtual Money and Virtual Goods are collectively referred to as “Virtual Items.”
License to Virtual Items. Your purchase of Virtual Money grants you only a limited, nontransferable, non-sublicensable, revocable license to use such Virtual Money to access and purchase Virtual Goods in conjunction with your personal, noncommercial use of the Service.
No ownership. You acknowledge that you do not acquire any ownership rights in or to the Virtual Items. Any balance of Virtual Items does not reflect any stored value. You agree that Virtual Items have no monetary value and do not constitute actual currency or property of any type. Virtual Money may be redeemed only for Virtual Goods and can never be sold, transferred, or exchanged for “real” money, “real” goods, or “real” services from us or anyone else.
Only obtain Virtual Items through official channels. You agree that you will only obtain Virtual Items from us and through means provided by us, and not from any third-party platform, exchange, broker, or other mechanism, unless expressly authorized. Once you acquire a license to Virtual Items, you may not trade or transfer the Virtual Items to another individual or account, unless such functionality is provided to you by us by way of a feature or service, whether inside the Service or through some other method (e.g., a third-party website we authorize). We may cancel any Virtual Item sold, transferred, or exchanged in violation of this Agreement. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the termination of your account.
Redemption and pricing of Virtual Items. During the term of your license to your Virtual Money, you have the option to redeem your Virtual Money for selected Virtual Goods. Pricing and availability of Virtual Items are subject to change without notice. We reserve the right at any time to change and update our pricing and inventory of Virtual Items. All Virtual Items are provided “as is,” without any warranty. You agree that all sales by us to you of Virtual Items are final and that we will not permit exchanges or refunds for any unused Items once the transaction has been made.
Purchases by End Users Outside the U.S. Virtual Items may only be purchased and held by legal residents of countries where access to and use of the Service are permitted. If you live in the European Union, you have certain rights to withdraw from online purchases. However, please note that once you download Virtual Money from us, your right of withdrawal ends. You agree that (a) purchase of Virtual Money involves immediate download of such Content; and (b) you lose your right of withdrawal once your purchase is complete. If you live in the European Union, you will need to ensure your compliance with VAT when required to do so by law. You agree that these invoices may be electronic in format. We reserve the right to control, regulate, change, or remove any Virtual Money or Virtual Goods without any liability to you.
Suspension or cancellation. We may cancel, suspend, or terminate your account and your access to your Virtual Items, in our sole discretion and without prior notice, in situations including, but not limited to, if (a) your account is inactive (i.e., not used or logged into); (b) you fail to comply with this Agreement; (c ) we suspect fraud or misuse by you of Virtual Items; (d) we suspect any other unlawful activity associated with your account; or (e) we are acting to protect the Service, our systems, any of our users, or our reputation. We have no obligation or responsibility to, and will not reimburse or refund, you for any Virtual Items lost due to such cancellation, suspension, or termination. You acknowledge that OP Media is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Items when your account is closed, whether such closure was voluntary or involuntary. In the case OP Media cancels your account, OP Media will not be required to provide you with prior notice or explanation in respect of such action. Notwithstanding the cancellation of access to your account in any case, you agree you will remain fully liable for any outstanding liability owed to OP Media. OP Media may, where it believes such action is necessary, without notice block IP addresses of any users who OP Media believes have breached that Agreement.
Modifications. We have the right to offer, modify, eliminate, and/or terminate Virtual Items, or any portion thereof, at any time, without notice or liability to you. If we discontinue the use of Virtual Items entirely, then we will provide notice to you by posting a notice on the Service or through other communications.
Note to parents. The Services are not intended for use by children under age 13 or persons who have not reached the age of majority under the laws of the applicable jurisdiction. Some on-Site content, functionality and actions are available only by purchasing of Virtual Items. If you are a parent, legal guardian and other adult responsible for children in your care, you are fully responsible for any use of your credit card or other payment instrument by the children in your care. Parents and other adults who provide our Software to their children, children in their care or other adults should take precautions to prevent unintended purchases of Virtual Items. Aside from any refund obligations we may be required to honor from the platform the Software is distributed through, we accept ABSOLUTELY NO RETURNS on any Virtual Items purchases including those made by children in your care.
Taxes on Virtual Items. When you purchase a license to use our Virtual Items, you agree to pay taxes that we or our distribution platform assesses on your purchase. Depending on the jurisdiction, the price may or may not include any applicable VAT.
Incorrect pricing on Virtual Items. If the price or specification published is materially incorrect when you place an order for the Virtual Items those incorrect prices may be honored at our sole discretion.
You must notify OP Media of any disputed charges within thirty (30) days of the charge being posted to your account through this form. OP Media will attempt to resolve all disputes within 30 days of being notified of a dispute. To the extent OP Media determines, at its sole discretion, that a billing adjustment is warranted, your account will be credited accordingly. If you fail to notify OP Media of a billing dispute as noted above, you will waive all rights to bring any claim regarding the disputed charges.
You agree to indemnify, defend, and hold OP Media harmless from and against any and all costs, damages, liabilities, and expenses (including but not limited to attorneys' fees, fees incurred in settling disputes, and fees incurred enforcing this indemnification provision) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party created by your use or, misuse of, or access to the Service including, but not limited to, (i) your violation of this Agreement; (ii) your Content; (iii) your interaction with other Users; (iv) violations of the TCPA or any other telecommunications-related laws.
OP Media retains the right to employ OP Media’s own counsel. You remain solely responsible for OP Media’s defense and must obtain OP Media’s written consent to a settlement. You agree to notify OP Media of a pending suit claiming you have violated a third party’s intellectual property or other rights. OP Media requires that you confirm your indemnification in case of a lawsuit; failure to do so may be considered a breach of this Agreement. For avoidance of doubt, attorney’s fees and costs shall include the fees and costs related to enforcing this indemnification.
OP Media may terminate, change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) or your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Service and related Content.
You understand and agree that the Service are provided to you "AS IS" and on an "AS AVAILABLE" basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
LIMITATION OF LIABILITY
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY BETWEEN YOU AND OP MEDIA WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE OR IN THE ALTERNATIVE, IF NO AMOUNT WAS PAID FOR THE SERVICE, OUR LIABILITY SHALL NOT EXCEED $500. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE OR ANY CONDUCT OR CONTENT OF OP MEDIA OR OF ANY THIRD PARTY ON THE SERVICE. CLAIMS UNDER THIS AGREEMENT MUST BE MADE WITHIN A REASONABLE TIME (ASSUMED TO BE ONE YEAR).
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, THE EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION SHALL NOT APPLY TO: (I) YOUR VIOLATION OF THE TCPA OR ANY COMMUNICATION OR CONSUMER-PROTECTION RELATED LAW OR REGULATION; (II) THE PARTIES INDEMNIFICATION OBLIGATIONS UNDER THIS
AGREEMENT; (III) NEGLIGENT, WILLFUL OR INTENTIONAL ACTS OF A PARTY (IV) LOSSES SUFFERED BY A PARTY ARISING OUT OF ACTS OR OMISSIONS OF THE OTHER PARTY THAT ARE COMMITTED OR OMITTED BY THE OTHER PARTY INTENTIONALLY NOTWITHSTANDING THAT THE OTHER PARTY KNOWS OR OUGHT TO HAVE KNOWN THAT SUCH ACTS OR OMISSIONS WOULD SPECIFICALLY RESULT IN DAMAGES.
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. In these cases, OP Media’s liability will be limited to the fullest extent permitted by applicable law.
For any dispute you have with OP Media, you agree to first attempt to resolve the dispute with us informally. In the unlikely event that OP Media has not been able to resolve a dispute after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or breach or alleged breach thereof (collectively, “Claims”), by binding mediation. If, for some technical, legal, or jurisdictional reason, binding mediation is wholly unavailable, then any dispute shall be resolved through binding arbitration.
Unless you and OP Media decide otherwise, mediation or arbitration will be conducted in Arlington, VA or Los Angeles, CA unless objectively, unduly burdensome to one party. Each party will be responsible for paying any filing, administrative and third-party fees. The award rendered by the mediator or arbitrator shall include costs of mediation/arbitration, reasonable attorneys’ fees and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the mediator or arbitrator may be entered in any court of competent jurisdiction. For avoidance of doubt, if there are one or more disputed items that remain unresolved at the end of the mediation, the mediator will render a final and binding decision on those unresolved items. The mediator's decisions shall be enforceable in any court of competent jurisdiction. Without limitation, costs include attorney’s fees required to enforce the mediator’s decision. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related unauthorized access to the Service.
TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS BOTH PARTIES AGREE OTHERWISE, THE MEDIATOR OR ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND OP MEDIA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Often OP Media will accept solicited and unsolicited ideas, concepts, submissions, and Content through the Service that may not rise to the level of intellectual property protection in the jurisdiction. By submitting any material, at any time, finished or unfinished for OP Media's review, you acknowledge and agree as follows:
You warrant that you are the sole owner and author of the submitted work and that you have the exclusive, unconditional right & authority to provide it to OP Media to review and utilize. You warrant that the consent of no other person or entity is required to enable OP Media to use the submission.
You agree that any part of the material provided by you to OP Media which is not novel or original and not legally protected may be used by OP Media without any liability.
OP Media shall not be under any obligation to you with respect to the submitted material except as may later be set forth in an executed, written agreement between you and OP Media.
For the good and valuable consideration of reviewing the submission and potential of working with OP Media, upon submission you hereby assign all title and interest in the intellectual property (including but not limited to copyright and trademarks) in the materials provided to OP Media and shall execute any documents to perfect those rights if necessary.
You acknowledge that OP Media has already had access to and/or may independently create or have created ideas, themes, formats and/or other materials which may be similar or identical to the theme, plot, idea, format or other element of the material being provided by you and you agree that you will not be entitled to any compensation for use of such similar or identical material.
You agree to indemnify OP Media from and against any and all claims, expenses, losses, or liabilities (including, without limitation, reasonable attorneys' fees and punitive damages) that may be asserted against OP Media in connection with material provided by you to OP Media or provided to you by OP Media.
You understand that OP Media would refuse to evaluate the provided material or provide material to you in the absence of your acceptance of every provision of this Agreement.
DATA COLLECTION AND USE
Public Content. You may have the opportunity to share Your data, content, or ways in which You aggregate data (“Account Content”) with other users, other OP Media customers, and other third parties. When sharing any Account Content, You agree not to share any confidential information. If You have the option of accessing another user's Account content, You understand and agree that the Account Content is being provided by the user, and not OP Media, for information and guidance purposes only, and OP Media and such user are not responsible in any way for Your use of the Account Content.
Data Compilations and Aggregation. You give OP Media permission to combine identifiable and non-identifiable information You enter or upload to the Services with that of other users of the Services and/or other OP Media services. For example, this means that OP Media may use Your and other users' non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for You to compare business practices with other users.
International Storage. OP Media may access or store personal information in multiple countries, including countries outside of Your own country to the extent permitted by applicable law.
OP Media may monitor Your content. OP Media may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect OP Media or its customers, or operate the Services properly. OP Media, in its sole discretion, may refuse to post, remove, or refuse to remove, any content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
We may tell you about other OP Media Services. You may be offered other services, products, or promotions by OP Media (“Promotions”). Additional terms and conditions and fees may apply. With some OP Media Services You may upload or enter data from Your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant OP Media permission to use information about Your business and experience to help us to provide the Promotions to You and to enhance the Services. You grant OP Media permission to combine Your business data, if any, with that of others in a way that does not identify You or any individual personally. You also grant OP Media permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
Communications Required by Law. OP Media may be required by law to send You communications about the Services or third party products. You agree that OP Media may send these communications to You via email or by posting them on our Services.
Telephone numbers. You may provide us with Your telephone number as part of Your customer record or registration or via other methods. You understand and agree that OP Media may use Your telephone number for "multi-factor authentication" ("MFA"), to confirm Your identity and help protect the security of Your account. Part of the MFA identity verification process may involve OP Media sending text messages containing security codes to Your telephone number. You agree to receive these texts from OP Media containing security codes as part of the MFA process. In addition, You agree that OP Media may send automated text messages and pre-recorded voice messages to the telephone number You provide for other purposes, including, but not limited to: providing You with important critical notices regarding Your use of the Services, or fulfilling a request made by You through the Services, promoting new Services, or even prank calling You! To the furthest extent of the law, you waive any rights you may have against OP Media under the TCPA or related laws.
These Terms are governed by the laws of the state of Virginia, without regard to any conflict of laws rules or principles.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
If any provision of this Agreement is held to be illegal, invalid or unenforceable in any respect, this shall not affect the other provisions of this Agreement, and this Agreement shall be construed as if such illegal, invalid or unenforceable provision had never been contained herein. Moreover, if any provision contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall then appear.
This Agreement constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
QUESTIONS OR COMPLAINTS
You may be visiting this page because you have a complaint about how someone in our community is using the Service. We take those complaints seriously, so please send them through this form.
Each time you use the Service, the current version of this policy will apply. Policy changes will be reflected on this page. Since Users are required to accept all changes to this policy in our Terms of Service, we encourage you to regularly check the date of this policy and review any changes made since the last time you used the site.
We may share information collected with third parties.
Although we may share information we collect in any way not specifically limited by the Agreement, it may be useful to understand who we typically share information with. Reasons we may share information with third parties include but are not limited to:
•With vendors, consultants, and other service providers who need access to such information to carry out work on our behalf;
•With other users of the Services in connection with the social features of the Services;
•In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;
•If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property and safety of OP Media or others;
•In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company;
•To protect OP Media’ rights or property or that of OP Media’ licensees;
•To sell third parties or otherwise monetize;
•To promote the Services to other users, for example, through our newsletter;
•To enforce this Agreement or any other agreement that OP Media may have with you;
We may use the data you submit to contact you or the person you called
If there is an issue or if we simply want to reach out to you, we may use the information you’ve submitted to call you for a variety of different reasons. For example, this might be to simply congratulate you on a funny call or thank you for being a user. It may also be to get permission to share your call or get permission to follow up with or contact the person who you called.
Kinds of information we may collect information when you use our Services
When you access or use our Services, we may collect information about you including but not limited to the following.
Device information: We collect device-specific information when you access our Services from a mobile device, including your hardware model, operating system and version, unique device identifiers, mobile network information and country.
Use Information: We collect information about your use of the Services, including the type of browser you use, access times, pages viewed, game play activity, interactions with other players, your IP address and the page you visited before navigating to our Services. In addition, we may collect information about Your browsing behavior, such as the date and time You visit the Services, the areas or pages of the Services that You visit, the amount of time You spend viewing the Services, the number of times You return to the Services and other clickstream data. We may also use non-personal information for statistical analysis, research, and other purposes.
Tracking technologies including cookies: We use various technologies to collect information and this may include sending cookies to your device. Cookies are small data files stored on your hard drive or in device memory that helps us to improve our Services and your experience, see which areas and features of our Services are popular, and count visits (amongst other purposes). We may also collect information using web beacons (also known as "tracking pixels"). Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon.
Requested permissions for mobile apps: Our mobile applications that are distributed through various "app" stores may also request permission to automatically collect other information from your mobile device, including your email address. We may only collect this information with your authorization in accordance with your device operating system's permission process.
Location information: OP Media may collect and store information about Your location when You use the Services and take actions that use the location services made available through Your device’s mobile operating system. OP Media may also use location information to improve and personalize the Services for You.
Collected information from other sources: We may also obtain information from other sources and combine that with information we collect through our Services. For example, if you create or log into your account through a social media site, we will have access to certain information from that site, such as your name, account information, profile picture, phone number, email address, gender, date of birth and friends lists, in accordance with the authorization procedures determined by such social media site. OP Media may combine any information which it collects from you or otherwise obtains, with information collected or otherwise obtained by its related companies.
This Service serves third-party advertising
Some parts of our Service may serve ads by either our own advertising software as well as third party ads. We may use an outside ad company, such as Google, to display ads on our Service. These ads may contain cookies and may track users across websites as well as internally in our Service.
Google and Advertising:
•Google's use of the DART cookie enables it to serve ads to you based on their visit to our site and other sites on the internet.
This Service collects information that users voluntarily provide through its registration forms, surveys, and contest entry forms
During use of the Service, and if you create an account with us (“Account”), we’ll collect certain information that can be used to identify or recognize you (“PII”). Our Service contains forms that require a user to give us valid and accurate contact information (like your name, email, and postal address).
Contact information from the registration form may be used to ship purchases, process transactions, and send information to users about our company. We may use the information you submit to fulfill your requests, provide site functionality, improve site quality, personalize your experience, display relevant advertising, provide customer support, message you, back up our systems, allow for disaster recovery, and comply with legal obligations.
A user’s contact information from surveys and contests is also used to get in touch with the user when necessary. Demographic and profile data is used to tailor our user’s experience on our website, by showing them content that we think they might be interested in, and displaying the content according to their preferences.
Information related to your use of the Service
Our servers automatically record certain information about how a person uses our Service (we refer to this information as “Log Data”), including both Account holders and non-Account holders (either, a “user”). Log Data may include information such as a user’s Internet Protocol (IP) address, user agent, browser type, operating system, the web page that a user was visiting before accessing our Service, the pages or features of our Service to which a user browsed and the time spent on those pages or features, search terms, the links on our Service that a user clicked on, and other statistics.
We use Log Data to administer the Service and we analyze (and may engage third parties to analyze) Log Data to improve, customize, and enhance our Service by expanding their features and functionality and tailoring them to our users’ needs and preferences. We may use a person’s Log Data and other information to generate aggregate, non-identifying information about how our Service are used and use such aggregated information to understand and improve our Service and to administer use of the Service. If we engage a third party to analyze the Log Data, we will ensure that such third party is bound by contractual terms requiring it to process such Log Data in accordance with relevant European data protection laws (including, without limitation, the Data Protection Directive).
Information sent by your mobile device.
We collect certain information that your mobile device sends when you use our Service, like a device identifier, user settings, and the operating system of your device, as well as information about your use of our Service while using the mobile device. We may use this information to provide the Service and to improve and personalize our Service for you.
We collect and store information about your location when you use our Service and take actions that use the location services made available through your device’s mobile operating system, which makes use of cell/mobile tower triangulation, wifi triangulation, and/or GPS. We may also use location information to improve and personalize our Service for you.
In-Software Third-party Advertising
OP Media may use and disclose the collected, non-personal data for purposes of advertising by OP Media or OP Media’s partners and contractors.
Ad-related data collection generally.
OP Media or third parties operating the ad serving technology may use demographic and geo-location information as well as information logged from your hardware or device to ensure that relevant advertising is presented within the Service. OP Media or third parties may collect and use data, for such purposes, including but not limited to, data such as IP address, Device ID, MAC address, installed software, application usage data, hardware type, Operating System information, browser information, unique identifiers in browser cookies, Flash cookies, and HTML5 local storage, Internet and on-line usage information and in-game information.
OP Media may display behaviorally targeted advertising to you.
External sites that this Service links to are not subject to this policy
The Services contains links to other sites.
OP Media is not responsible for the privacy practices or the content of such websites. Such external sites that the Services link to are therefore not subject to this policy.
Adhering to third party terms and conditions.
Please note that your access to and use of the Services may be subject to certain third party terms and conditions and OP Media is not liable for any such third parties’ use of your personal data.
Private messages are not necessarily completely "private"
The purpose of private messaging is to allow for discreet conversations to take place between members. Although private messages are normally only accessible by those who send and receive them, they are part of the database and as such, property of OP Media. An administrator could theoretically locate the private messages in the database and read them, for example, to investigate a wrongdoing. Private messages are private, but not necessarily secret.
This Service’s financial transactions are not handled internally
OP Media uses outside online payment services to provide secure online transactions to our members so that they can make payments online with the security and confidence they deserve.
Limitations on data retention and account termination
For example, we may use retained data to prevent, investigate, or identify possible wrongdoing in connection with the site or to comply with legal obligations. Please note that information may exist in backup storage even after it has been removed from our active databases.
We do not collect personal information from children
OP Media complies with the Children’s Online Privacy Protection Act of 1998 (“COPPA”) and is not intended for children under 18 years of age. This website does not knowingly or intentionally collect any personally identifiable information from or market to individuals under the age of 18.
If you become aware that a child has provided us with personal information without parental consent, please contact us here. If we become aware that a child under 13 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child's account.
The security of your information
We take some administrative, physical, and electronic measures designed to protect the information that we collect from or about you from accidental or unlawful destruction, accidental loss or unauthorized access, use, modification, interference, or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the security of any information.
We offer you choices regarding the collection, use, and sharing of your PII and we’ll respect the choices you make. Please note that if you decide not to provide us with the PII that we request, you may not be able to access some or all of the features of the Service.
Rescinding Your Consent.
You have the right to refuse further collection, use, and/or disclosure of your PII by notifying us. If you have consented to your access to and use of the Service but wish to rescind such consent, please contact us here to submit the request or use any deletion mechanism inside the Services. We will within a period of time not to exceed 30 business days (or the mandated timing in your jurisdiction, whichever is earlier) discontinue your access to and use of the Service and ensure that your PII is no longer publicly accessible through the Service. Please note, however, that if you refuse further collection, use, and/or disclosure of your PII, you may not be able to access and use all or a portion of the Service.
If you are entitled, under the laws of your jurisdiction, to access any information which OP Media may hold about you and OP Media is obliged to provide this information, then OP Media may provide this information to you as long as it has such information and such information can be readily retrieved.
You may, under the laws of your jurisdiction, be entitled to request OP Media correct any inaccuracies in any information which OP Media holds about you. To the furthest extent of the applicable law, OP Media may request you to pay for the reasonable costs of retrieving, providing this information and as applicable correcting this information.
You may, under the laws of your jurisdiction, be entitled to request OP Media provide your data to you in a machine readable format. Please contact OP Media support to do so if you are entitled to that right in your jurisdiction and the information will be delivered within either 60 days or the amount of time applicable in your jurisdiction (whichever is earlier).
EU personal information.
Your Personal Information may be transferred and stored outside of the European Union or the country of your residence. Your data may be processed in the United States and other countries which may not provide the same levels of protection as the EU.
If You are outside the United States, by using the Services, You are consenting to having any data You submit or generate including Your Personal Information transferred to the United States and anywhere that OP Media serves data from.
Limitations on data retention and account termination
Notice to California Users
Under Cal. Civ. Code § 1798.80, a user residing in the State of California has the right to request from us a list of all third parties to which we have disclosed personal information during the preceding year for direct marketing purposes. For questions about this policy, please contact us here.
How we respond to "Do Not Track" Signals
Your online browser settings may allow You to automatically transmit a “Do Not Track” signal to websites and online services You visit. We do not provide any targeted advertising. Our Services do not respond to a “Do Not Track” signal from a visitor’s browser. If You would like to find out more about “Do Not Track,” please visit www.allaboutdnt.com.
Please contact us at here if you have any questions about this policy.