THE SERVICE IS OFFERED FROM THE UNITED STATES OF AMERICA AND IS NOT CURRENTLY OFFERED TO PERSONS IN THE EUROPEAN UNION OR ITS MEMBER STATES (THE “EU”). IF YOU ARE IN THE EU, YOU MAY NOT USE THE SERVICE.
IF YOU ARE A COMPETITOR OF OPSHUB, INC., OR AN EMPLOYEE, AGENT OR OTHER REPRESENTATIVE OF SUCH A COMPETITOR, YOU MAY NOT USE THE SERVICE.
Access to the Service
Registration; Account Information. You are required to maintain and promptly update all information provided during your registration process, and any other information you provide to us, so that it remains true, accurate, up-to-date and complete at all times. You represent and warrant that all such information provided by you is true, accurate and complete. The Service
may permit you to register through certain third-party services, such as Facebook Connect or Google (“Authentication Service”). By registering with or logging into the Service using an Authentication Service, you agree that we may access and use your information on the Authentication Service, including but not limited to your username, profile picture, age, date of birth, email address, and friends/contacts list. (To learn more please review our Privacy Notice) We are not affiliated with any Authentication Service and you are solely responsible for your interactions with the Authentication Service.
Use of the Service; Prohibited Conduct
Interactions With Other Users. Your interactions with other users of the Service are entirely between you and such users. While certain portions of the Service may facilitate your communication with other users, we are not a party to these interactions or any transaction you may enter into with any other user.;
Prohibited Conduct. You agree not to:
- use the Service to compete with us, directly or indirectly;
- harvest or otherwise collect or disseminate information about others without their consent, or harass or “stalk” another;
- impersonate any person or entity, or forge headers or otherwise manipulate identifiers in order to disguise the origin of messages, or create any user account by automated means or under false pretenses;
- gain or attempt to gain unauthorized access to the Service, or other accounts, computer systems or networks connected to the Service, through password mining or any other means;
- export technical data or other materials in violation of any applicable law;
- use any automated software, device, or process (including without limitation any “web crawler” or “screen scraper”) to extract or index any data or other content from the Service (including information about users of the Service)
- artificially generate traffic or page links to any portion of the Service;
- use the Service in a manner that could damage, disable, overburden or impair the Service, or interfere with any other user’s ability to use the Service;
- use the Service to solicit business for yourself or any third party;
- interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service, including without limitation the use of framing techniques to enclose any content, and the placement of pop-up windows over web pages;
- upload, transmit or otherwise make available data, information or material that:
- is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable;
- infringes any intellectual property right or other right of any third party, including but not limited to any patent, trademark, service mark, trade secret or copyright;
- constitutes the unauthorized or unlawful disclosure of confidential or other proprietary or nonpublic information;
- constitutes unsolicited or unauthorized advertising or promotional materials, “chain letters,” “junk mail,” “spam,” “pyramid schemes” or any other form of disruptive messages;
- contains viruses, trojan horses, worms or any other harmful or disruptive computer code, files or programs; or
- is fraudulent, misleading or otherwise intentionally inaccurate.
Hyperlinks. You may create a hyperlink to the home page of the Service so long as the link does not portray the Service, us, or our affiliates or their services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark as part of the link without written permission
“OpsHub” and all related logos, graphics and icons are service marks or trademarks of OpsHub, Inc. All other trademarks, service marks, product names and company names or logos that appear on this site are the property of their respective owners, and their presence in the Service does not represent an endorsement of the Service.
The Service may provide links to third-party websites and applications (“Third-Party Sites”). The content, features, business practices and privacy policies of Third-Party Sites are not under our control. We are not responsible for the content of any Third-Party Site, and we will not be liable for any damage or loss caused by or in connection with the use of any Third-Party Site or any information, product or service available on or through any Third-Party Site. The inclusion of a link in the Service does not imply any endorsement by us or any affiliation between us and the third party.
Content Provided By You and Other Users
You hereby grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable, transferable license to use, reproduce, modify, translate, publicly display, perform, create derivative works of, publish and distribute Your Content.
In using the Service, you may access content submitted or otherwise made available by other users. We do not pre-screen, edit or review such content. You may be exposed to content that is
inaccurate, offensive, indecent or objectionable. We do not make any representations or warranties about the accuracy, integrity, quality or any other aspect of such content, and we will not be liable for any damage or loss caused by or in connection with the use of such content. By using the Service, you agree to bear all risks associated with the use of any content on the Service and any reliance on the accuracy, completeness, or usefulness of such content.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM 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.
WE AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO REPRESENTATION OR 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; OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR INCURRED IN CONNECTION WITH ANY OF THE FOLLOWING (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES): (i) THE USE OR THE INABILITY TO USE THE SERVICE OR TERMINATION OF THE SERVICE; (ii) 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 ON THE SERVICE OR ACCESSED THROUGH THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF US AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS FOR
DAMAGES WITH RESPECT TO THIS AGREEMENT OR THE SERVICE (WHETHER IN CONTRACT, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHERWISE) IS LIMITED TO THE GREATER OF $100 OR THE FEES PAID BY YOU UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE INITIAL EVENT CAUSING OR RESULTING IN SUCH LIABILITY.
Exclusions and Limitations
THE LAWS OF SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THAT EXTENT, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Individual Actions Only
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS OR ACTIONS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER CLAIMS OR ACTIONS ARE NOT PERMITTED.
Procedure for Making Claims of Copyright Infringement
We may, in appropriate circumstances and in our discretion, disable or terminate the accounts of users who may be repeat infringers. 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 our Copyright Agent with a notice including the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
We and our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
1000 Elwell Court, Suite 101, Palo Alto, CA 94303, USA
By phone: +1 (650) 701-1800
By email: webadmin at opshub dot com