This software is protected by copyright and property laws as well as international copyright treaties.
End User License Agreement
1.1. End user license agreement
This end user license agreement (“EULA”) is a legal agreement between Desktop Dock through its software, ‘Desktop Dock’ and you (either an individual or an entity) with regard to the copyrighted software (herein referred to as “SOFTWARE PRODUCTS” or “DESKTOP DOCK” or “SOFTWARE”) provided with this EULA. SOFTWARE PRODUCTS includes computer software, the associated media, and printed materials and any online or electronic documentation. Use of any software and related documentation (“SOFTWARE”) provided to you by DESKTOP DOCK in whatever form of media, will constitute your acceptance to these terms. If you do not agree with the terms of this EULA, do not download, install, copy or use the software. By clicking on the “I AGREE” button (or similar buttons or links as may be designated by DESKTOP DOCK) you agree to be bound by the terms of this EULA.
2. Desktop Dock Software Permissions
2.1. As consideration for using the Desktop Dock Software and receiving access to the content and programming available via the Desktop Dock, you agree and understand that:
2.1.2. Desktop Dock will take organizational and technical measures intended to protect the privacy and integrity of the computer resources (or other applicable device) you are utilizing, however, you acknowledge and agree that this is not a representation or warranty of Desktop Dock.
3. License Grant
3.1. License Grant. Subject to the terms of this Agreement, Desktop Dock hereby grants you a limited, non-exclusive, personal, non-commercial, non-sub licensable, non-assignable license to download, install and use on a single computer (or other applicable device) owned or controlled by you, the Desktop Dock , for the sole purpose of watching the video and other content provided on or through the Desktop Dock , and otherwise accessing the other services and features provided on or through such Desktop Dock , all subject to and in strict compliance with the restrictions described in this Agreement and in the Terms of Service.
3.2.1. Operate or utilize the Desktop Dock in a manner that violates any applicable local, state, national or international law or governmental regulation, policy procedure or ordinance;
3.2.2. Operate or utilize the Desktop Dock, including the content, programming, services and features contained on or through the Desktop Dock, if this license has been terminated by Desktop Dock;
3.2.4. Operate or utilize the Desktop Dock for non-personal or commercial purposes or for the benefit of any third party or charge any person for the use or distribution of the Desktop Dock;
3.2.5. sell, assign, rent, lease, distribute, export, import, act as intermediary or provider, act as a service bureau, or otherwise grant rights in the Desktop Dock , including, without limitation, through sublicense, to any other person or entity;
3.2.6. Remove any proprietary notices from the Desktop Dock, or from any content, services, programming, or features contained on or through the Desktop Dock;
3.2.7. undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Desktop Dock and/or data and/or content or programming transmitted, processed or stored by Desktop Dock or other users of the Desktop Dock ;
3.2.8. use any unlicensed or unauthorized copies of the Desktop Dock;
3.2.9. collect any information or communication about the users of the Desktop Dock by monitoring, interdicting or intercepting any process of or communication initiated by the Desktop Dock or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing;
3.2.10. use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, packet-sniffer, Trojan-horse routing, trap door, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access or that are designed to monitor, distort, delete, damage or disassemble the Desktop Dock or its ability to communicate and function with other computers running the Desktop Dock;
3.2.11. with the exception of completely deleting the Desktop Dock from your computer, and those actions permitted by your manual use of the user interface provided as part of the Desktop Dock, take any action, including downloading and/or using third party software, that (1) modifies the settings of the Desktop Dock as it functions with your computer, or (2) otherwise modifies, alters, blocks or interferes with the functioning of the Desktop Dock;
3.2.12. attempt to hack the Desktop Dock or any communication initiated by the Desktop Dock or to defeat or overcome any encryption and/or other technical protection methods implemented by Desktop Dock with respect to the Desktop Dock and/or data and/or content or programming transmitted, processed or stored by Desktop Dock or other users of the Desktop Dock ;
3.2.13. Interfere with or in any manner compromise any of Desktop Dock ' security measures; or
3.2.14. Alter, modify, delete, or otherwise interfere with or in any manner compromise any content, programming, advertising, services and/or features contained on or through the Desktop Dock, including, without limitation, the Desktop Dock’s advertising and/or content delivery and display functionality.
4. Your Additional Covenants, Acknowledgments and Agreements
4.1. You acknowledge and agree that:
4.1.1. Desktop Dock, in its sole discretion, may discontinue or suspend your right to access the Desktop Dock or content delivered by Desktop Dock at any time for any reason, and may at any time suspend or terminate any license hereunder without prior notice for any reason.
4.1.2. Desktop Dock reserves the right to add or remove features or functions, or to provide upgrades, updates or programming fixes, to the Desktop Dock at any time in its sole discretion. You agree to accept any and all such upgrades, updates or programming fixes presented to you, including version updates.
4.1.3. When installed on your computer, the Desktop Dock may periodically communicate with Desktop Dock servers and/or Desktop Dock installed by other users.
4.1.4. Desktop Dock has no obligation to make available to you any subsequent versions of its software applications.
4.1.5. You can uninstall the Desktop Dock at any time, in your sole discretion, by using your computer’s "Add/Remove" Control Panel functionality or other applicable functionality that permits you to uninstall downloaded software applications.
5. Proprietary Rights
5.1. You acknowledge and agree that any and all Intellectual Property Rights to or arising from the Desktop Dock are and shall remain the exclusive property of Howard Software Limited, and/or its licensors. Nothing in this Agreement intends to transfer any such Intellectual Property Rights to, or to vest any such Intellectual Property Rights in, you. You are only entitled to the limited use of the Intellectual Property Rights granted to you in this Agreement. You will not take any action to jeopardize, limit or interfere with the Intellectual Property Rights. You acknowledge and agree that any unauthorized use of the Intellectual Property Rights is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws. You acknowledge and agree that testing and reviewing the Desktop Dock applications are solely for your personal use and you don’t have any rights to divulge, direct, inform or misinform, publish etc to any third party or publicize, including posting incorrect and false any information about its application without the express consent of Desktop Dock .
You acknowledge and understand that all title and Intellectual Property Rights in and to any third party content that is not contained in the Desktop Dock, but may be accessed through use of the Desktop Dock, including, without limitation, any content, programming, advertising, services and/or features contained on or through the Desktop Dock, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. Each such third party expressly reserves all rights into such content. You understand that you are not granted any commercial, sale, resale, reproduction, distribution or promotional use rights for or to any such third party content, including any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition. Additionally, the unauthorized reproduction or distribution of such third party content, including, without limitation, any content, programming, advertising, services and/or features contained on or through the Desktop Dock, are prohibited by applicable law.
6.1. This Agreement will be effective as of the date you accept this Agreement and will remain effective until terminated by you or Desktop Dock as set forth below.
6.2. You may terminate this Agreement at any time provided you permanently delete or destroy your copies of the Desktop Dock as required by Section 6.4 below.
6.3. Desktop Dock may terminate this Agreement at any time, with or without cause by providing notice to you.
6.4. Upon termination of this Agreement for any reason, all licenses and rights to use the Desktop Dock shall terminate and you must cease all use of the Desktop Dock AND completely remove from all hard drives and other storage media all copies of the Desktop Dock in your possession or under your control.
6.5. Desktop Dock will not be liable in respect to any damage caused by the termination of this Agreement.
6.6. Section 3.2 and Sections 5 through 13 shall survive any termination of this Agreement.
7. Links to Third Party Sites
7.1. The links provided either through or framed within the Desktop Dock and any website operated by Desktop Dock or its affiliates are provided as a courtesy only, and the sites they link to are not under the control of Desktop Dock in any manner whatsoever. Therefore, Desktop Dock is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Desktop Dock is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement of or sponsorship by Desktop Dock of any linked site and/or any of its content therein.
8. Your Representations and Warranties
8.1. You represent and warrant that you possess the legal right and ability to enter into this Agreement and to comply with its terms.
9.1. You agree to indemnify, hold harmless and defend Desktop Dock and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents and network service providers at your expense, against any and all damages, claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by Desktop Dock arising out of or relating to your (a) violation or breach of any term of this Agreement, the Terms of Service, or any applicable law, regulation, policy or guideline, whether or not referenced herein, (b) use or misuse of the Desktop Dock , or (c) violation of any rights of any third party.
10. Disclaimer of Warranties
10.1. THE DESKTOP DOCK IS PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY DESKTOP DOCK, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE DESKTOP DOCK, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. FURTHER, DESKTOP DOCK DOES NOT REPRESENT OR WARRANT THAT THE DESKTOP DOCK WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ERROR-FREE, OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES DESKTOP DOCK WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF TRANSMISSIONS OF DATA MADE THROUGH THE DESKTOP DOCK.
10.2. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE DESKTOP DOCK REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10.3. As some jurisdictions do not allow some of the exclusions set forth in this Section 10, some of these exclusions may not apply to you.
11. Limitation of Liability
11.1. IN NO EVENT SHALL DESKTOP DOCK , ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR BUNDLED SOFTWARE PROVIDERS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE DESKTOP DOCK , INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF DESKTOP DOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2. YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE DESKTOP DOCK IS TO UNINSTALL AND CEASE USE OF SUCH DESKTOP DOCK.
11.3. As some jurisdictions do not allow some of the exclusions set forth in this Section 11, some of these exclusions may not apply to you.
11.4. In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, you agree that the aggregate liability of Desktop Dock shall not exceed the amount of fifty United States dollars (US$50).
12. General Provisions
12.1. Electronic Signatures. You acknowledge and agree that by clicking on the "I AGREE" button (or similar buttons or links as may be designated by Desktop Dock to show your acceptance of this Agreement and/or your agreement to download and install the Desktop Dock); you are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Desktop Dock. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
12.2. Jurisdictional Matters; Claims. If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this Agreement according to age and you are under such a jurisdiction and under such age limit, you may not enter into this Agreement nor may you download, install or use the Desktop Dock. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to offer or use software for internet communication, you may not enter into this Agreement nor may you download, install or use the Desktop Dock. By entering into this Agreement you explicitly guarantee that you have verified whether your use of the Desktop Dock is allowed in your own jurisdiction.
12.4. Reservation of Rights; Modification. Desktop Dock reserves all rights not expressly granted in this Agreement. Desktop Dock may modify this Agreement at any time by providing such revised Agreement to you or posting the revised Agreement on the Desktop Dock Website. Your continued use of the Desktop Dock shall constitute your acceptance to be bound by the terms and conditions of such revised Agreement.
12.5. Severability. Should any term or provision of this Agreement be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall remain in full force and effect?
12.6. Waiver. The failure of Desktop Dock at any time or times to require performance of any provision of this Agreement shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
12.7. Governing Law; Jurisdiction; Waiver of Claims. This Agreement shall be governed by and construed in accordance with the laws of the Sunderland, without regard to its principals of conflicts of law. The parties hereto expressly understand and agree that any action brought by you against Desktop Dock arising out of this Agreement shall be brought exclusively in the courts located in Sunderland, and any action brought by Desktop Dock against you arising out of this Agreement shall, in Desktop Dock’ absolute and sole discretion, be brought in either the courts located in Sunderland, or the applicable courts of the jurisdiction in which you reside. The parties hereby consent to, and irrevocably submit themselves to, the exclusive personal jurisdiction and venue of such courts as set forth in this section. You further agree not to bring claims against Desktop Dock on a representative or class member basis, or as a private attorney general, and agree not to assert any claims against Desktop Dock unless such claims are asserted by you in the forum required by this Agreement no later than one (1) year following the date that your claim or cause of action arose.
12.8. Entire Agreement. The terms set forth in this Agreement constitute the final, complete and exclusive agreement with respect to the Desktop Dock and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. You may not assign this Agreement or any rights hereunder. Desktop Dock may, at its sole discretion, assign this Agreement without giving prior notice.
- 12.9.1. Agreement: this End User License Agreement, as may be renewed, modified and/or amended from time to time.
- 12.9.2. Intellectual Property Rights: any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well as knowhow and trade secrets contained in or relating to the Desktop Dock or the Desktop Dock Website.
- 12.9.3. Desktop Dock: refers to Howard Software Ltd, a company registered in U.K.
- 12.9.4. Desktop Dock : the software distributed by Desktop Dock (including all software and code in such software) that provides for, among other matters, the digital distribution of video and other content, and all future programming fixes, updates and upgrades thereof. The term "Desktop Dock” will also include any online or enclosed documentation, and data distributed to your computer for processing relating to such software.
- 12.9.5. Desktop Dock Website: any and all elements, contents and the 'look and feel' of the website available under the URLwww.desktopdock.com, among other URLs, from which website the Desktop Dock can be downloaded.
- 12.9.7. Terms of Service: means the agreement between Desktop Dock and you for the use of the Desktop Dock and the content, services and features provided on or through the Desktop Dock , which can be found by visiting the TOS page on this site;
- 12.9.8. You: you, the end user of the Desktop Dock, also used in the form "your" where applicable.
13. Express Agreement
13.1. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO INSTALL THE DESKTOP DOCK, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS
14. Advertisement Agreement
14.0. The Software Products runs off an ad-supported platform. During general internet usage on sites where Software Products operates, users may see advertisement. The type of ad is dependent on the content of the page as you generally browse the internet. Software Products is not related to or endorsed by the underlying website. These advertisements will be identified with the Software Products Name or Logo.
Opera Terms of Service
Opera grants User the right to use the Opera websites and services (“Services”) for personal use only.
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 be of legal age and 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 the latter 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. OPERA ACCOUNT: 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 Services, User warrants to Opera that the Services will not be used for any purpose that is unlawful or otherwise prohibited by these Terms.
2.2 Users agree to use the Services only to send, receive, upload, and publish personal messages and content. Any unauthorized commercial use of the Services, or their resale, is expressly prohibited.
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 Services or any content User uploads or publishes through the Services.
2.4 Certain features of the 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 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 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 or Opera's network 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, 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 submitted to any Opera developer forum or service, you consent to Opera's unrestricted use of those items.
3. LINKS TO THIRD-PARTY SITES
3.1 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.
3.2 If User decides to 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 to or any applications User uses or installs from the site.
4. DISCLAIMERS/LIMITATION OF LIABILITY
4.1 The information and services included in or available through the Services 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 to the Services at any time.
4.2 Opera does not represent or warrant that the Services will be uninterrupted or error free, that defects will be corrected, or that the Services or the server that makes them 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 Services or the materials made available, as part of the Services will be correct, accurate, timely, or otherwise reliable.
4.3 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 Services. 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 Services by any third party.
4.4 Opera reserves the right to assign its rights and responsibilities under this agreement to any third party.
4.5 OPERA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICES FOR ANY PURPOSE. THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. OPERA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
4.6 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 SERVICES OR RELATED WEBSITES, WITH THE DELAY OR INABILITY TO USE THE SERVICES OR RELATED WEBSITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, 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 SERVICES, OR WITH ANY OF THESE TERMS, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND 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 Services.
6.1 Opera may terminate User’s access to any part or all of the Services 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 Services 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 Services, User’s right to use the Services immediately ceases.
6.2 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.
7. 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 Services, by Opera, or Opera's advertisers or other content providers, is protected by copyright, trademark, patent and/or other proprietary rights and laws. User agrees not to violate these laws or infringe these rights in any way.
8. 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 9 will be null and void.