OPB Forums Terms of Service

1. Introduction

These Terms of Service have been compiled and put to writing so as to constitute a legal agreement between OPB Forums or any of its subsidiaries (in further reading: "we", "us", "our") - the service provider, and the end user (in further reading: "you", "user", "users", "members") - the service consumer.

2. Acceptance of these Terms of Service and its Amendments

Each time you use or cause access to this website, you agree to be bound by these Terms of Service, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this website, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Service, including: Our Privacy Policy, Global Rules posted on the forums, and subsets of rules pertaining to specific sections.

While we will exhaust all efforts to communicate any changes made to this document, the members or guest accessing this website and our service(s) are responsible to check it regularly for changes. If changes are made that you disagree with, you can request your account to be terminated, your PII deleted in accordance with our Privacy Policy, and discontinue accessing our services by contacting us through our Contact form.

3. Our Service

Our website and services provided to you on and through our website are on an “as is” basis. You agree that the owners of this website, or any other provider of services, exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this website and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information save for the deletion of Personally Identifiable Information. Your privacy remains our first priority.

3.1. Content

We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have on our website, its content, and the goods and services that may be provided, unless when content is copyrighted by someone else. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial or other uses of our website or service without our prior written consent.

3.2. Premium Service

Our website offers several different tiers of improved functionality and options in its service. These additional options are obtained by members through winning contests, voluntary non-binding monthly contributions through third party services such as Patreon, or otherwise. We reserve the right to change gained additional options at will, at any time as we see fit, without liability to the user.

3.3. Third Party Services

Goods and services of third parties may be advertised and/or made available on or through this website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

4. Your Conduct

In order to use this website, you must register on our site, agree to provide truthful information when requested, and be at least the age of thirteen (13) or older. When registering, you explicitly agree to our Terms of Service and as may be modified by us from time to time and made available here.

4.1. Registration and data confidentiality

You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use of your registration, user account or password. You agree to register only once, and to continue using only one account unless receiving written permission to register and use more than one account. Receiving a temporary or permanent ban from this website disallows you from registering on this website under all applicable laws, unless you receive written permission prior to registration.

Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.

4.2. Receiving Content from us

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“Content”), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our website may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this website nor for any error or omission.

4.3. Providing us with Content

You explicitly agree, in using this web site or any service provided, that you shall not:

  1. provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national, or international law
  2. impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you
  3. collect or harvest any data about other users
  4. provide or use this website and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent
  5. solicit or otherwise use this website or any of the information or data that appears on this website, for any commercial activity without prior written consent, including solicitation of users on this website or provision of any goods or services
  6. provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets
  7. considering the internet is a big place, it's no surprise that from time to time a site will come along whose mission is to occupy the same niche as this website. We have no issue with that. However, it would be against our best interests, and therefore the best interests of our members, for us to allow such sites to build upon our popularity by promoting themselves on OPB Forums. Therefore, no competing site may attempt to gain traffic from us in any way, including but not limited to, links in posts, signatures, profile information, PM's, emails, or IM's

4.4. Provided Content

By providing any Content to our web site, you explicitly claim, obtain, and reserve the sole copyright to it. Your content is solely your responsibility, however:

  1. you agree to grant to us an irrevocable, worldwide, royalty-free, perpetual, non-exclusive license to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, sell and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, or technology known or later developed
  2. you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this section
  3. you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice

5. Indemnification

You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, volunteers, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this website or service, your provision of Content, your violation of these Terms of Service or any other violation of the rights of another person or party.

5.1. Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU “AS IS” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.

5.2. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF:

  1. THE USE OF OR THE INABILITY TO USE THE SERVICE
  2. THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE
  3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS
  4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR
  5. ANY OTHER MATTER RELATING TO THE SERVICE

6. Applicable Law

You agree that these Terms of Service and any dispute arising out of your use of this website or our products or services shall be governed by and construed in according with the laws of Croatia, without regard to its conflict of law provisions. By registering or using this website and service you consent and submit to the exclusive jurisdiction and venue of the appropriate courts located in Croatia.

7. Copyright Infringement

If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agents may be contacted through our Contact form.

8. Miscellaneous

In the event that these Terms of Service conflict with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain valid and intact.

The failure of either party to assert any right under these Terms of Service shall not be considered a waiver of any that party’s right and that right will remain in full force and effect.

You agree that without regard to any statue or contrary law that any claim or cause arising out of this website or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred.

We may assign our rights and obligations under these Terms of Service and we shall be relieved of any further obligation.