op5 may modify all or any part of these Terms from time to time and may not provide notice to You. You are encouraged to check back often so You are aware of Your current rights and responsibilities. Your continued use of this Website after changes to the Terms have been published constitutes Your binding acceptance of the updated Terms. If at any time the Terms are no longer acceptable to You, You should immediately cease all use of this Website.
1. PURPOSE OF STATEMENT
1.1 The purpose of this Website is to show op5’s products and to create a platform of easy access to purchase those products.
2. CODE OF CONDUCT
2.1 You understand that all information, data, text, software, graphics or other materials (“Content”), whether publicly posted or privately transmitted, are the sole property of the person from whom such Content originated. Your use of this Website is subject to all applicable local, national and international laws and regulations, and You agree not to violate such laws and regulations. Any attempt by any person to deliberately damage this Website is a violation of criminal and civil laws. op5 reserves the right to seek damages from any such person to the fullest extent permitted by law.
2.2 You agree not to post or transmit through this Website any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law. You may not engage in any activity on this Website that restricts or inhibits any other user from using this Website by “hacking”, “cracking”, “spoofing”, or defacing any portions of this Website.
2.3 You may not post or transmit through this Website advertising or commercial solicitations; promotional materials relating to website or online services which are competitive with op5 and/or this Website; software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components, political campaign materials; chain letters; mass mailings, spam mail, any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of this Website or its contents. You may not harvest or collect information about Website visitors without their express written consent.
3.1 op5 has the right, but not the obligation, to monitor the content of this Website, to determine compliance with these Terms and any other operating rules established by op5. op5 has the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on this Website that we find to be in violation of these Terms or is otherwise objectionable. You are solely responsible for any information You post, transmit or otherwise make available on this Website. You acknowledge and agree that op5 does not have any liability for any action or inaction with respect to any conduct, communication or posting on this Website.
4. COPYRIGHTS AND TRADEMARKS
4.1 op5 either owns the intellectual property rights in the HTML, text, images audio, video, software or other content that is made available on this Website, or has obtained the permission of the owner of the intellectual property to make it available on this Website. Except as expressly permitted, You may not reproduce in any form, or by any means any portion of the materials on this Website without op5’s prior written consent. op5 authorizes You to display on Your computer, download and print pages from this Website provided: (a) the copyright notice appears on all such printouts, (b) the information will not be altered, (c) the content is only used for personal, educational and non-commercial use, and (d) You do not redistribute or copy the information to any other media.
4.2 The trademarks, logos and service marks (“Marks“) displayed on this Website are the property of op5 or third parties. You are not permitted to use the Marks without the prior written consent of op5 or such third party that owns the Mark. “op5” is a trademark of op5 AB.
4.3 op5, the op5 logo, and op5 graphics are the service marks, trademarks, or registered trademarks owned by op5 AB, read the op5 “Trademark Use Restrictions” (http://www.op5.com/about/terms-conditions/trademark) for further information. All other service marks and trademarks are the property of their respective owner.
5. LINKS TO THIRD PARTY SITES
5.1 The Website may contain links to other websites and resources, which are provided for convenience purposes only. op5 has not reviewed the websites and is not responsible for the content or availability of any linked websites. The inclusion of any link to a website does not imply endorsement by op5 of the website or their entities, products or services.
6.1 By submitting content to this Website, You agree to defend, indemnify and hold op5 and its officers, directors, shareholders, predecessors, successors in interest, employees, agents and licensors harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) (i) related to Your breach of this Agreement or (ii) related to or arising out of such submitted content, breach of contract, false advertising, product liability, and patent, copyright or trademark infringement, even if such content is reviewed by op5 prior to publishing on the Website.
6.2 These Terms do not confer any third-party beneficiary rights.
7. GLOBAL AVAILABILITY
7.1 This Website is controlled, administered and offered by op5 from its headquarter in Stockholm, Sweden. op5 makes no representations that this Website is appropriate or available for use in other locations and access to this Website from territories where its contents are illegal or restricted or prohibited. If You are accessing or using the Website from other jurisdictions, You do so at Your own risk and You are also responsible for compliance with local law. Notwithstanding the forgoing, the Website may contain or provide links to content hosted on websites located outside of Sweden.
9. DISCLAIMER OF WARRANTIES – PLEASE READ CAREFULLY
9.1 This Website and all Content, materials, information, software, products and services are provided on an “AS IS” and “AS AVAILABLE” basis. Your use of this Website is at Your own risk. op5 disclaims all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement.
9.2 op5 makes no warranty that, (i) the website will be uninterrupted, timely, secure, or error-free, (ii) the results that may be obtained from the use of the Website will be accurate or reliable, (iii) any errors in the software will be corrected, or that this Website, its Content, and the server on which the Website and Content are available are free of viruses or other harmful components. Any material (including Content) downloaded or obtained through the use of this Website is done at Your own 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 material. Information created by third parties that You may access on this Website or through links is not approved, adopted or endorsed by op5 and remains the responsibility of the third party.
10. LIMITATION OF LIABILITY – PLEASE READ CAREFULLY
10.1 To the fullest extent permitted by law, op5 is not liable for any direct, indirect, incidental, or consequential damages (including, but not limited to, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Website, even if op5 has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract, including without limitation damages due to (a) the use of or the inability to use the Website; (b) 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 Website; (c) statements or conduct of any third party on the Website, including without limitation unauthorized access to or alteration of transmissions or data, malicious or criminal behavior, or false or fraudulent transactions, or (d) Content or information You may download, use, modify or distribute.
11.1 You agree that op5 may terminate Your access to the Website for violation of these Terms and/or requests by authorized law enforcement or other government agencies.
12.1 These Terms and all claims relating to the relationship between the parties are governed by, and will be construed in accordance with, Swedish law, without regard to choice of law provisions. You and op5 agree that the District Court of Stockholm (Stockholms tingsrätt) will have exclusive jurisdiction to settle any dispute or claim that arises from or with these Terms.
13. CLAIMS OF COPYRIGHT INFRINGEMENT
13.1 op5 respects the intellectual property of others. If You believe that Your work has been copied in a way that constitutes copyright infringement, please file a notice of infringement by providing the following information to op5 at contact listed below:
1. A description of the copyrighted work or other intellectual property that You claim has been infringed.
2. A description of the material that You claim is infringing the copyrighted work listed in item 1 above.
3. An address, telephone number, and an email address where the alleged infringing party can contact You.
4. Your physical signature.
13.2 Please send notifications of infringement and counter notifications to:
164 32 Kista
+46 8-58 83 01 00
Fax +46 8-23 02 31