Terms and Conditions for use of this Website
This website ("Website") is owned and provided by Entertainment Media Research Ltd whose registered address is at Studio One, Crown Court, London WC2B5EX (“EMR”).
In these Terms and Conditions, "we", "our" and "us" means EMR trading as Opnlttr.com and "you" and "your" means any person who accesses and uses this Website.
- If you breach any term of these Terms and Conditions, your right to access and use this Website shall cease immediately.
- We reserve the right to amend these Terms and Conditions from time to time without notice by amending this page. The amended Terms and Conditions will be effective from the date they are posted on this Website. As these Terms and Conditions may be amended from time to time, you should check them whenever you visit this Website. Your continued use of this Website will constitute your acceptance of the amended Terms and Conditions
- Our Services
- An open letter is a letter that is intended to be read by a wide audience, or in some cases a letter intended for an individual, but is in any event, intentionally widely distributed.
- OpnLttr.com allows you the opportunity to publish your own open letter and provides you with access to an online community of connected people who also write open letters, read, view, listen to, edit, rate and share content with other opnlttr.com users, accessed via the Internet (the "Service"). You understand and agree that the Service is provided "As -Is" and that we assume no responsibility for the timeliness, deletion, or failure to store any user communications. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges).
- You understand that all information, data, text, software, sound, photographs, graphics, video, messages and/or other materials ("Content"), whether publicly posted or privately transmitted via the Service, are the sole responsibility of the person from which such Content originated. This means that you and not Oppnlttr.com are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Opnlttr.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Opnlttr.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
- You acknowledge that Opnlttr.com may or may not pre-screen Content, but that Opnlttr.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Opnlttr.com and its designees shall have the right to remove any Content that violates these Terms and Conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Opnlttr.com or submitted to Opnlttr.com including without limitation information in the online community and in all other parts of the Service.
- You acknowledge, consent and agree that Opnlttr may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of OpnLttr.com, its users and the public.
- OpnLttr does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein and OpnLettr expressly disclaims any and all liability in connection with Content. OpnLttr.com does not permit copyright infringing activities and infringement of intellectual property rights on the Service and will remove all Content if properly notified that such Content infringes on another's intellectual property rights. OpnLtr.com reserves the right to remove Content without prior notice.
- REGISTRATION AND MEMBERSHIP
In order to use certain aspects of the Service, you are required to register and establish an online account with Opnlttr.com.
- You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify Opnlttr.com of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. OpnLttr.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. You agree that your account is non-transferable.
- Opnlttr.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to such Content, you grant Opnltt.com a world-wide, royalty free, perpetual, unlimited, and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, create derivative works, publicly perform and publicly display such Content via the Service.
- PROPRIETARY RIGHTS
- You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is the property of Opnlttr.com and its licensors and is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Opnlttr.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
- Opnlttr.com grants you a personal, non-transferable and non-exclusive right and license to use the Service and Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service.
- DISCLAIMER OF WARRANTIES
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OPNLTTR.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- OPNLTTR.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE (IF ANY) WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OPNLTTR.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OPNLTTR.COM SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OPNLTTR.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, ADVERTISERS OR MERCHANTS ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
- INDEMNITY You agree to indemnify and hold Opnlttr.com, and its subsidiaries, affiliates, officers, directors, agents, or other partners, and employees, harmless from any claim or demand, including reasonable legal' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these Terms and Conditions, or your violation of any rights of another.
- Permitted Use
- Use and access of the Website is for your personal, non-commercial purposes, and may only be accessed and used directly by a private individual or by a business to seek a product or service directly for that individual or business and on their own behalf. Access to and use of this Website other than for your personal, non-commercial purposes is strictly prohibited.
- You are not permitted to use this Website:
- In any unlawful, fraudulent or commercial manner.
- To harm, threaten, abuse, embarrass, defame, libel, intimidate or harass another person, or in a way that invades another person's privacy or is obscene, offensive, hateful, indecent, inappropriate, objectionable, unacceptable, discriminatory or damaging as determined by us.
- To create, check, confirm, update, modify or amend your own or another person's databases, records or directories.
- To tamper with, modify, reverse engineer or amend any part of the Website.
- In a way that interferes with, disrupts or imposes an unreasonable or disproportionately large burden on our communications and technical systems as determined by us.
- Using any automated software, process, program, robot, web crawler, spider, data mining, trawling or other 'screen scraping' software, process, program or system.
- You may operate a link to the Website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, as determined by us. You must not operate a link to the Website in such a way as to suggest or imply any form of association, approval or endorsement by us. We reserve the right to require you to immediately remove any link to this Website at any time and we may withdraw any linking permission at any time.
- Governing law
These Terms and Conditions and your use of this Website shall be governed by and interpreted in accordance with English law and the jurisdiction of the courts of England and Wales shall apply.
If you have any questions or comments about our Terms and Conditions, please contact:
The Data Protection Officer
Entertainment Media Research Ltd
Studio One, 1 Crown Court, London WC2B5EX