Opengress Terms of Service
Please also review the Opengress Privacy Policy, which was last updated: 2024-09-20.
Last updated: 2024-09-20
Table of Contents
- 1. Agreement to Our Legal Terms
- 2. Privacy
- 3. Our Services
- 4. Electronic Communications, Transactions, and Signatures
- 5. Account Termination or Suspension
- 6. Limited Licence to Use
- 7. Conduct, General Prohibitions and Our Enforcement Rights
- 8. Services Management
- 9. Term and Termination
- 10. Modifications and Interruptions
- 11. Third-Party Websites, Content and Services
- 12. Disclaimer of Warranties
- 13. Limitation of Liability
- 14. Indemnification
- 15. Governing Law
- 16. Dispute Resolution
- 17. General
- 18. Digital Millennium Copyright Act (DMCA) Notice and Policy
- 19. Corrections
- 20. Miscellaneous
- 21. Terms Specific to Residents of Germany
- 22. Terms Specific to Residents of Republic of Indonesia
- 23. California Users and Residents
- 24 Contact Information
1. Agreement to Our Legal Terms
We are Opengress Team ("we", "us", "our"). You can contact us by email at info⁂opengress.net.
We operate the website https://opengress.net/ (the "Site"), the mobile application Slimgress (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms:), (collectively, the "the Software" or "the Services"). We provide a massively multiplayer location-based game world where users compete to create and control resources at real-world locations.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Opengress Team, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. Changes to Legal Terms will become effective seven (7) days after the notice is given, except if the changes apply to new functionality, security updates, bug fixes, or a court order, in which case the changes will be effective immediately. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms. If you disagree with such changes, you may terminate Services in accordance with section "9. Term and Termination".
If you breach these Terms we may take action against you, including but not limited to terminating your account. You acknowledge that Opengress Team has no obligation to, and will not, reimburse or refund you for Services lost due to involuntary suspension or termination of your account. The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services. We recommend that you print a copy of these Legal Terms for your records.
2. Privacy
We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms.
Our Services are designed to enable you to interact in shared game worlds blended with information from the real world. To provide the Services, we need information about you, and we only use your information where we have a legal basis to do so.
The Services are hosted in New Zealand. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use or disclosure that differ from applicable laws in New Zealand, then through your continued use of the Services, you are transferring your data to New Zealand, and you expressly consent to have your data transferred to and processed in New Zealand.
Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children's Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as is reasonably practical.
3. Our Services
3.1 Cheating
Opengress Team prohibits cheating.
Cheating includes any action which attempts to or actually alters or interferes with the normal behaviour or rules of a Service. Cheating includes, but is not limited to, any of the following behaviour, on your own behalf or on behalf of others:
- Playing with multiple accounts for the same Service;
- Sharing accounts;
- Using any techniques to alter or falsify a device's location (for example, through GPS spoofing);
- Selling or trading accounts.
Apps may not work on devices that Opengress Team detects or reasonably suspects to be cheating, and Opengress Team will not provide support to players who attempt to cheat. You agree that Opengress Team may employ any lawful mechanisms to detect and respond to cheating, fraud, and other behaviour prohibited under these Terms, including checking your device for the existence of exploits or hacking and/or unauthorised software. Please see the Guidelines and our Privacy Policy for more information.
3.2 Safe and Appropriate Use
While you are using our Services, please be aware of your surroundings, and play and communicate safely. You agree that your use of the Services is at your own risk, and that you will not use the Services to violate any applicable law, regulation, Event policy or instruction as outlined in these Terms and you will not encourage or enable any other individual to do so.
Further, you agree that in conjunction with your use of the Services you will not make available any unlawful, inappropriate, or commercial Content. You agree that you will not submit inaccurate, misleading, or inappropriate Content, including data submissions, edits or removal requests.
Opengress Team does not intend Apps to be medical or health devices, or provide medical or health advice.
3.3 Your Interactions With Other People
You agree that in conjunction with your use of the Services, you will maintain safe and appropriate contact with other players and other people both on our Services and in the real world. You will not harass, threaten or otherwise violate the legal rights of others. Furthermore, you will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be, and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance or liability of any kind. If you have a dispute with any third party relating to your use of Services, you release Opengress Team (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
3.4 Who May Use Our Services
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
Unless stated otherwise for a particular Service, children are not allowed to use the Services. A "Child" is defined as follows:
- residents of the EEA: anyone under 16 years old, or the age needed to consent to the processing of personal data in your country of residence,
- residents of the Republic of Korea, anyone under 14 years old,
- residents of other regions: anyone under 13 years old or the age needed to consent to the processing of personal data in that region.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, OPENGRESS TEAM DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY A CHILD WITH OR WITHOUT THE PERMISSION OF A PARENT. IF YOU ARE A PARENT AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO REGISTER FOR ONE OF THE SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF THE SERVICES BY YOUR CHILD.
3.5 Eligibility and Account Registration
You may be required to register to use the Services. We reserve the right to remove, reclaim or change a username you select if we determine, at our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You agree that you won't disclose your Account password to anyone, and you will notify us immediately of any unauthorised use of your Account. Opengress Team takes its account security obligations seriously; however, you are responsible for all activities that occur under your Account, whether or not you know about them. Opengress Team is not responsible for any losses or harm you may suffer as a result of an unauthorised person accessing your Account and/or using your login in connection with our Services.
By using the Services, you represent and warrant that:
- all registration information you submit will be true, accurate, current, and complete;
- you will maintain the accuracy of such information and promptly update such registration information as necessary;
- you have the legal capacity and you agree to comply with these Legal Terms;
- you are not under the age of 13;
- you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services;
- you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
- you will not use the Services for any illegal or unauthorised purpose; and
- your use of the Services will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Services (or any portion thereof).
4. Electronic Communications, Transactions, and Signatures
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
5. Account Termination or Suspension
We may suspend or terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you, including if
- you fail to comply with these Terms;
- we suspect fraud, cheating or misuse by you of Content or Services; or
- we suspect any other unlawful activity associated with your Account. If your Account is inactive (i.e. not used or logged-into) for a period of time.
We will notify you via the Services or in the App prior to termination of your Account.
You may terminate your Account at any time by requesting account deletion in writing from accounts⁂opengress.net. Upon termination of any Services or your Account, the following provisions of these Terms will survive: Disclaimer of Warranties, Indemnification, Limitation of Liability, Dispute Resolution, General Terms and this sentence on Termination.
6. Limited Licence to Use
6.1 User Content
By submitting any content to our platform, you represent and warrant that the content is your original work, or that you have all necessary rights and permissions to submit it. You agree not to upload, share, use, or submit content that misrepresents the ownership of others' work. Any attempt to submit third-party content as your own, or without proper rights, is strictly prohibited.
You retain full ownership of any content you submit to our platform ("User Content"). By submitting content, you agree that for any original content you submit, you grant us and all users a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, distribute, and display your content under the Creative Commons Attribution-ShareAlike 4.0 International License (CC BY-SA 4.0). This licence ensures that your content can be freely shared and modified while attributing you as the original creator.
We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. We have the right, in our sole and absolute discretion:
- to edit, redact, or otherwise change any Contributions;
- to re-categorise any Contributions to place them in more appropriate locations on the Services; and
- to pre-screen or delete any Contributions at any time and for any reason, without notice.
Although we perform routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
6.1.1 Representation
Text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, '"Contributions") may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning CSAM, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual orientation, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
6.1.2 Feedback
You can submit feedback, comments and suggestions for improvements to the Services ("Feedback") by reaching out to us on social media or support channels. Feedback is a form of User Content.
6.2 Platform Content
All content made available through our services is licensed to you under similar provisions. You may use, distribute, and modify this content under the terms of the CC BY-SA 4.0 or other licences specified for each item.
6.2.1 Trading
Certain Apps permit Account holders to capture and trade virtual items, including but not limited characters or other items ("Trading Items"), during gameplay. Trading Items are obtained at no additional charge during gameplay. Trading Items are a category of Content, and you acknowledge that you do not acquire any ownership rights in or to Trading Items and that Trading Items do not have monetary value. Trading Items may be traded with other Account holders for other Trading Items, but Trading Items can never be sold, transferred, or exchanged for Virtual Money, Virtual Goods, "real" goods, "real" money, or "real" services, or any other consideration from us or anyone else.
You agree that you will only obtain Trading Items from other Account holders and through means provided by Opengress Team, and not through any third-party platform, broker, or other mechanism, unless expressly authorised. Any such sale, transfer or exchange (or attempt to do so) is prohibited and may result in the termination of your Account or cancellation of such Trading Items. All Trading Items and other Content are provided "as is," without any warranty, except where prohibited under applicable law.
6.3 Notification of Breach
If you believe that your work is being displayed by our Services without a licence, write to us with evidence (including links or similar information on reproducibility) to dmca⁂opengress.net.
6.4 Termination for Breach
Any violation of the terms governing the use or distribution of User Content or platform content will result in the termination of your account and services. This includes, but is not limited to, breaches of licensing terms or intellectual property rights.
7. Conduct, General Prohibitions and Our Enforcement Rights
You may not access or use the Services for any purpose other than that for which we make the Services available. You agree that you are responsible for your own conduct and User Content while using the Services, and for any consequences thereof. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. In addition, you agree not to do any of the following, unless applicable law mandates that you be given the right to do so:
- collect, store or share any personally identifiable information of other users from the Services without their express permission;
-
use the Services or Content, or any portion thereof, for any commercial purpose or in a manner not permitted
by
these Terms, including but not limited to:
- gathering in-App items or resources for sale outside the Apps,
- performing services in the Apps in exchange for payment outside the Apps, or
- selling, reselling, or renting the Apps or your Account;
- attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services;
- circumvent, disable, or otherwise interfere with security-related features of the Services, including features that enforce limitations on the use of the Services and/or the Content contained therein;
- access, tamper with, or use nonpublic areas of the Services, our computer systems, or the technical delivery systems of our providers;
- attempt to probe, scan or test the vulnerability of any Opengress system or network or Service, or breach any security or authentication measures;
- interfere with or disrupt, or attempt to interfere with or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Services;
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation or maintenance of the Services;
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms');
- trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- attempt to impersonate another user or person or use the username of another user;
- engage in unauthorised framing of or linking to the Services;
- delete, obscure, or in any manner alter any attribution, warning, copyright notice or other proprietary notice or link that appears in the Services or the Content;
- post, publish, submit, store, or transmit any Content that infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source identifying information;
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services;
- use any information obtained from the Services to harass, abuse, or harm another person;
- harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you;
- make improper use of our support services or submit false reports of abuse or misconduct;
- engage in any automated use of the system, such as using scripts to send comments or messages without prior written permission from us;
- make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means to send unsolicited email, or creating user accounts by automated means or under false pretences;
- use the Services to advertise or offer to sell goods and services.;
- use the Services as part of any effort to use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise;
- buy, sell, swap, loan, borrow, share or otherwise transfer a user profile or credentials to access a user profile;
- use or access multiple user accounts;
- utilise any exploit to give or gain any kind of advantage (including but not limited to "item duplication glitches" or exploitation of race conditions to allow free in-game actions);
- use any technique to alter or falsify a device's location (for example, through GPS spoofing or use of an emulator);
- any other form of cheating;
- perform any action which, in our view, has a significant unjustified negative impact on the game or on the userbase;
- violate any applicable law or regulation; or
- encourage or enable any other individual to do any of the foregoing.
Although we are not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right to remove or disable access to any Content, at any time and without notice. We may remove any Content we consider to be objectionable or in violation of these Terms. Furthermore, we have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users and others who violate the law.
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY SITE OR APP, IS A BREACH OF OUR TERMS AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.
8. Services Management
We reserve the right, but not the obligation, to:
- monitor the Services for violations of these Legal Terms;
- take appropriate legal action against anyone who, at our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities;
- at our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
- in our sole discretion and without limitation, notice or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
- otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
9. Term and Termination
These Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
10. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Services. We cannot guarantee the Services will be available at all times. Furthermore, we may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates or releases in connection therewith.
11. Third-Party Websites, Content and Services
Our Services may include links to third-party websites or resources and may display or provide access to third-party content, such as articles, photos, videos, applications, or other materials ("Third-Party Content"). These links and content are provided for your convenience only, and we do not monitor, investigate, or endorse the accuracy, quality or appropriateness of any Third-Party Content or websites accessed through the Services.
You acknowledge that we are not responsible for the availability, content, privacy practices, or other policies of third-party websites, nor for any products or services available from them. Your interactions with these third-party websites, including any purchases or reliance on their content, are at your own risk.
Additionally, third-party services, such as cell phone networks or wireless internet, may affect your use of the Services, and we are not responsible for any disruptions or limitations caused by these external services. You agree to hold us blameless from any losses, damages or harm caused by your interactions with third-party websites, content or services.
12. Disclaimer of Warranties
The Services and any content provided are offered "as is" and "as available," without any warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim any and all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy. We do not guarantee that the Services will be uninterrupted, error-free, secure, or that any defects will be corrected. You assume full responsibility for using the Services, and any reliance on content from the Services is at your own risk.
13. Limitation of Liability
To the extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, loss of profits, or loss of goodwill, arising from your use of the Services, even if advised of the possibility of such damages. In no event will our total liability exceed the amount you have paid for the Services, if any, or $10, whichever is greater.
14. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, or expenses (including reasonable attorney's fees) arising out of or related to your use of the Services, your breach of these terms, or your violation of any rights of a third party. We reserve the right to assume exclusive defence of any claim, at your expense, and you agree to cooperate with such defence.
15. Governing Law
These Legal Terms shall be governed by and defined following the laws of New Zealand. Opengress Team and yourself irrevocably consent that the courts of New Zealand shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
16. Dispute Resolution
16.1 Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim related to these Legal Terms (each a 'Dispute' and collectively, the 'Disputes') brought by either you or us (individually, a 'Party' and collectively, the 'Parties'), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days. Such informal negotiations commence upon written notice from one Party to the other Party.
16.2 Mediation
If informal negotiations fail to resolve the Dispute, either party may submit the matter to mediation, to be conducted by a mutually agreed-upon mediator. Mediation will be conducted in Christchurch, New Zealand, or remotely if both parties agree. Each party will bear its own costs in the mediation process.
16.3 Legal Action
If mediation is unsuccessful, either party may pursue legal remedies as permitted by the laws of New Zealand. The parties agree that any legal action must be conducted individually, and not as part of a class action or collective legal proceeding. The governing law of these terms is New Zealand law.
17. General
17.1 Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Opengress Team and you regarding the Services and Content. These Terms supersede and replace any and all prior oral or written understandings or agreements between Opengress Team and you regarding the Services and Content.
17.2 Severability
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Opengress Team's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Opengress Team may freely assign or transfer these Terms without restriction, and the transferor or assignor shall not remain jointly and severally liable. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
17.3 Force Majeure
Neither Opengress Team, any user, nor any other party involved in creating, producing, or delivering the Services or Content shall be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute,or any other cause beyond its respective control.
17.4 Notice
Any notices or other communications provided by Opengress Team under these Terms, including those regarding modifications to these Terms, will be given: (a) via email; or (b) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted to any email address You provided.
17.5 Waiver
Opengress Team's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Opengress Team. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
18. Digital Millennium Copyright Act (DMCA) Notice and Policy
18.1 Notifications
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a 'Notification'). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney. All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c) and include the following information:
- A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by the Notification, a representative list of such works on the Services;
- 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 us to locate the material;
- information reasonably sufficient to permit us 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;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
18.2 Counter Notification
If you believe your own copyrighted material has been removed from the Services as a result of a mistake or misidentification, you may submit a written counter-notification to us using the contact information provided below (a 'Counter Notification'). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
- identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
- a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located;
- a statement that you will accept service of process from the party that filed the Notification or the party's agent;
- your name, address and telephone number;
- a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees.
Filing a false Counter Notification constitutes perjury.
18.3 Designated Copyright Agent
dmca⁂opengress.net
18.4 Trademark
To submit a report of trademark infringement, please send an email to trademark⁂opengress.net, and include all of the following information:
- Identify the material that you claim is infringing and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) or Service(s) where such material may be found;
- Provide the registration number for the trademark that you claim has been infringed;
- Identify the country or jurisdiction in which the trademark is registered or where you are claiming rights;
- Briefly explain why you believe the material is infringing;
- Provide the full name, mailing address, telephone number, and, if available, email address of the rights owner;
- Provide your full name, mailing address and email address
- Include the following statement in the body of the Notice: “I have a good faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent or the law. The information in this notice is accurate, and under penalty of perjury, I am authorized to act on behalf of the rights owner.”
- Provide your physical or electronic signature
Note: We may be unable to process reports that are incomplete or lack the information required above.
18.5 Reporting Other Infringements of Your Rights
If you believe there is content that violates your rights or the law but does not fit into one of the categories above, you may report such content by emailing legal⁂opengress.net. We may ask for additional information to support your claim (for example, an explanation of why you believe the content violates your rights, and the law you believe applies). In some situations, we may request a court order.
19. Corrections
There may be information on the Services that contains typographical errors, inaccuracies or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the Services at any time, without prior notice.
20. Miscellaneous
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
The OPR interface uses Google Street View. By using that, you agree to the Google Terms of Service and Google Privacy Policy.
21. Terms Specific to Residents of Germany
21.1 Limitation of Liability
In the event of intentional or gross negligence, including by its representatives and vicarious agents (Erfüllungsgehilfen), either Party shall be liable according to statutory provisions. The same shall apply in the event of culpably caused damages resulting from an injury to life, body or health, in the event of damages resulting from a violation of a guarantee as to quality (Beschaffenheitsgarantie), as well as in the event of defaults concealed fraudulently (arglistig verschwiegene Mängel).
In the event of damages to property and financial damages (Sach- und Vermögensschäden) caused by slight negligence of either Party, its representatives or vicarious agents, such Party shall be liable only in the event of a violation of a contractual core duty (wesentliche Vertragspflicht), however limited to the amount of the damage which was foreseeable at the time of conclusion of the contract and typical taking into account the nature of the contract (vorhersehbarer und vertragstypischer Schaden). Contractual core duties are such duties whose accomplishment enables proper fulfillment of an agreement and whose observance the contracting parties may and do regularly rely on.
Insofar as statutory limitations of liability acc. to Sec. 521, 599 German Civil Code apply to the provision of services free of charge, they remain unaffected by the aforementioned provisions.
Liability based on the German Product Liability Act shall remain unaffected.
Any further liability of either Party other than set out above shall be excluded.
22. Terms Specific to Residents of Republic of Indonesia
22.1 Account Suspension or Termination
You agree to waive and set aside your respective rights and obligations under any applicable law in the event of any termination of this Opengress Terms of Service (e.g. suspension or termination of access) to the extent that such law requires any judicial pronouncement for the termination of this Opengress Terms of Service.
23. California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
24 Contact Information
If you have any questions about these Terms or the Services, please contact us at termsofservice⁂opengress.net