1.2. These Terms apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
1.3. Changes to these Terms. Opumo Ltd (“OPUMO”, “us” or “we”) may modify these Terms at any time, without notice, by updating this page. Please check this page periodically for changes since your continued use of this website following the posting of changes will indicate your acceptance of those changes.
1.4. THE TERMS OF SERVICE INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
1.5. THE TERMS OF SERVICE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
2. OPUMO’s role in any transaction
OPUMO acts as an online marketing website that allows designers, artists, creators and retailers (collectively, “Partners”) a platform to advertise consumer merchandise to buyers (“Buyers”). OPUMO has no control over the quality, safety, or legality of any item listed, the truth or accuracy of the listings, the ability of Partners to sell items or the ability of Buyers to pay for items.
For purposes of these Terms, the term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service. For the purposes of this Agreement, "Content" also includes all User Content (as defined below).
3.2. User Content
All Content added, created, uploaded, submitted, distributed, or posted to the Service by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. Each user owns its own User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate. OPUMO is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire. OPUMO has no responsibility or liability for the deletion or accuracy of any User Content; the failure to store, transmit, or receive transmission of User Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. You acknowledge that OPUMO has no obligation to pre-screen User Content, although OPUMO reserves the right in its sole discretion to pre-screen, refuse, or remove any User Content at any time for any reason.
3.3. Content Changes
All features, content, specifications, products, services, and prices described or depicted on this website are subject to change at any time without notice.
4. Accuracy of Content
We attempt to ensure that information on this website is complete, accurate and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete or out of date. We make no representation regarding how current, complete or accurate any information is on this website and have the absolute right to cancel or correct any order for a product due to errors including, but not limited to, errors in pricing.
5. Use of OPUMO
The website design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this website are either the property of, or used with permission by, OPUMO and are protected by copyright, trademark and other laws and treaties and may not be used except as permitted in these Terms or with the prior written permission of the owner of such material. You may not modify the information or materials located on this website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorised use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
You shall not upload to, distribute, or otherwise publish through the website any content, information or other material (a) that violates, misappropriates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or entity; (b) that is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under applicable law; (c) that includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties; (d) that could disable, overburden, damage, or impair the website or interfere with any other party’s use of the website, including their ability to engage in real time activities through the website; (e) such as a robot, spider or other automatic device, process or means to access the website for any purpose, including to monitor or copy any of the material on the website; and (f) that otherwise attempts to interfere with the proper working of the website. We will have no liability related to the content of any of the foregoing materials, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting such materials.
6. Account Information
You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your devices. You agree to immediately notify us of any unauthorized use of your password or any breach of security and accept responsibility for all activities that occur under your account or password.
7. DISCLAIMERS OF WARRANTIES
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. OPUMO PROVIDES THE MATERIALS AND SERVICES ON THIS WEBSITE ON AN "AS IS" AND “AS AVAILABLE” BASIS. OPUMO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DUE TO THE COMPLEX NATURE OF SOFTWARE AND THE INTERNET, WE DO NOT WARRANT THAT THIS WEBSITE OR THE MATERIALS CONTAINED ON THIS WEBSITE ARE COMPLETELY ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION, ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS, FREE OF VIRUSES, ERRORS, OR OTHER HARMFUL COMPONENTS, OR WILL OTHERWISE MEET YOUR NEEDS. THE FOREGOING EXCLUSIONS OF WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
8. LIMITATIONS OF LIABILITY
WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, FROM THIS WEBSITE. IN NO EVENT WILL OPUMO, ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AFFILIATES, AGENTS, SUCCESSORS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, PRODUCTS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OF IF THE EXCLUSIVE REMEDIES STATED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. OUR TOTAL AGGREGATE LIABILITY TO YOU WITH RESPECT TO THIS WEBSITE AND ANY MATERIALS, PRODUCTS OR SERVICES PURCHASED, PROVIDED OR ACCESSIBLE THEREIN IS LIMITED TO THE LESSER OF THE AMOUNT YOU PAID TO US FOR PURCHASES ON THIS WEBSITE DURING THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, DAMAGE, CLAIM OR LOSS OR £100. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Certain trademarks, trade names, service marks and logos (collectively, “Marks”) used or displayed on this website are the exclusive property of OPUMO and / or our Partners. Nothing contained on this website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks without our written permission or the written permission of the third-party owner.
10. Third Party Links
11. User Information
12. Legal Age
Our services are available only to, and may only be used by, individuals who are of an age to form a legally binding contract under applicable law.
13. Copyright Infringement Notices
13.1. We respond to clear notices of alleged copyright infringement. Our response to notices alleging infringement may include removing content and terminating users access to our website.
13.2. To file a notice of infringement with us, you must provide the notice by email or post. Send the notice to the following address:
66 High Street
United Kingdom, OX7 6LE
Attn: OPUMO DMCA Notices
13.3. The provider of affected content may make a counter notification. When we receive a counter notification, we may reinstate the material in question.
14. General Provisions
15. Applicable Law
This Agreement is governed by, and is to be construed in accordance with, English law. If any dispute arises between you and OPUMO, the courts of England and Wales shall have exclusive jurisdiction, even if there are multiple defendants or guarantee recourses, and including summary proceedings or court applications.
Prices stated on this website are in GBP, USD and EUR. All other currencies shown on the website including, but not limited to, SGD, HKD, DKK and NOK are for indicative use only.
We may suspend or terminate your account at any time, for any reason or for no (given) reason. We reserve the right to change, suspend, or discontinue all or any aspect of this website at any time without notice.
If any term or condition of these Terms shall be deemed to be invalid, void, illegal or unenforceable for any reason, that term or condition shall be deemed severable and shall not affect the validity and enforceability of the remaining Terms.
19. Need more help?
If you do not understand any of these Terms or if you have any questions or comments, we invite you to contact us at firstname.lastname@example.org.