End-User License Agreement
This End-User License Agreement ("EULA") is a legal agreement between Orpiva and you (either an individual or a single entity), the user of Orpiva. By allowing the "I Agree to the terms and conditions of the End User Agreement" box to remain checked, or by installing or using Orpiva, End User agrees to be bound by this Agreement. If you do not agree to this Agreement, then uncheck the "I Accept" box and do not install or use Orpiva. Your use of the Content Offering is subject to the terms of this Agreement. Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the Content Offering. The Content Offering is licensed, not sold. This document might be updated time to time and the current version will be posted on www.orpiva.com/eula
Subject to this Agreement and its terms and conditions, Licensor hereby grants you the non-exclusive, non-transferrable, limited right and license to use Orpiva for your personal and non-commercial use only. Your acquired rights are subject compliance with this agreement. The term of your license under this agreement will commence on the date that you first install or otherwise use the software ends on the earlier date of either your disposal of the software or Licensor’s termination of this agreement. The software is being licensed to you and you hereby acknowledge that no title or ownership in the software is being transferred or assigned and this agreement should not be construed as a sale of any rights in the software. All rights not specifically granted under this agreement are reserved by Licensor, as applicable.
The Software and its application
The Orpiva application and its services might be accessible by computers, mobile phones and other devices. The applications offered by Orpiva may also include; links to partner and third party sites, and links to sites made available by the users. Users of Orpiva can take a picture of any kind of interesting outfits and search for a similar kind of product on any stores which are available on the web.
Internet Connection and online accounts
The Software may require an internet connection to access its internet-based features, authenticate the software, or perform other functions. In order for certain features of the software to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid active online account.
Responsibility for Use of Included Content
You are completely responsible for your use of the included content that comes as part of the Software (“Content”). You may only use the Content responsibly, in a manner consistent with the exercise of good judgment. For example, and without limitation, you may not use the Content in any manner that: (i) infringe the copyright, trademark, patent, trade secret, right of publicity or any other right of a third party; (ii) is or may be libelous, defamatory or slanderous; (iii) denigrates or offends any ethnic, racial, sexual or religious group, or persons who are physically or mentally challenged; (iv) is designed to or will harass, threaten, defame or abuse others; (v) exploits images or the likeness of individuals under 18 years of age; or (vi) characterizes any other unlawful activity as acceptable, glamorous or desirable.
Third-Party Intellectual Property
Certain portions of the Content may consist of the copyrights, trademarks, service marks, trade names or other intellectual property of third parties. These portions of the Content are provided for the convenience of certain users of the Software who are expressly authorized to use them by their owners. You may not use any third-party intellectual property without their express authorization. All contents accessed through this application, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is the property of Orpiva or its content suppliers and its respective owners and protected by international copyright laws.
Orpiva does not endorse any text, graphics, images, digital files, software or in other format files that may appear on or through the Service and makes no warranties, express or implied, as to their accuracy and reliability. Orpiva expressly disclaims any and all liability in connection with any and all such contents.
Orpiva trademarks and trade dress may not be used in connection with any service that is not Orpiva or in any manner that is likely to cause confusion among general people, or in any manner that disparages or discredits Orpiva. All other trademarks not owned by Orpiva or its subsidiaries that appear while using Orpiva are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Orpiva or its subsidiaries.
Managing your online account
The user of Orpiva are responsible for maintaining the confidentiality of your online account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Orpiva and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Third Party Contents
Limitation of Liability
Orpiva do not warrant: (1) that this application and it’s any of the services, functions or any content or software contained therein will be uninterrupted or error-free; (2) that defects will be corrected; (3) that this application and its services or the servers hosting them are free of viruses or other harmful code; or (4) that the services or information available through the services will continue to be available. Orpiva disclaims any express or implied warranties, including, without limitation, non-infringement, merchantability, fitness for a particular purpose, and title. The services, including, without limitation, all content, software, and functions made available on or accessed through or sent from the services, are provided “as is,” “as available,” and “with all faults.” If your use of any content is in an illegal manner then Orpiva will not be liable to you or anyone else for any loss or damages of any kind (including, without limitation, for any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages) in connection with this application and its services.
Risk of Loss
Your access and use of the software is at your risk. If you are dissatisfied with the services or any of the content, your sole and exclusive remedy is to discontinue accessing and using Orpiva. You acknowledge and agree that if you incur any damages that arise out of by using Orpiva acts or omissions, the damages, if any, are not irreparable and are not sufficient to entitle you to an injunction or other equitable relief restricting exploitation of any website, property, product, program, television show, motion picture, or other audio/visual content owned or controlled by Orpiva, including without limitation the services (including those incorporating user submissions).
Users of the software hereby undertake to indemnify, defend and hold Licensor, its partners, licensors, affiliates, contractors, officers, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Software pursuant to the terms of the agreement.
By using Orpiva, you agree that the laws of your local state/country will be on course and will govern these Conditions of Use and any dispute of any sort that might arise between you and Orpiva.
This agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both the parties. If any provision of this agreement is held to be unenforceable for any reason, such provisions shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this agreement shall not be affected.
Your privacy is important to us. We are committed to safeguarding the privacy of our users. The following policy explains how we deal with the information collected from you, your personal information and options available to you in regard to the policies followed by us.
Collection of your personal information
Information such as your User name, password, IP addresses, geographical location, Pictures, your Items of desire browser type, referral source, length of visit and number of page views;
Information relating to any downloads carried out by you.
Security of your personal data
We will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information. We will do our best to anonymize all data, but we cannot guarantee. Particularly we want to allow "targeted ads" to a specific age / gender group etc.
Control of Your Password
We aggregate (gather up data across all user accounts) personal information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to identify you personally. Certain information, such as your name, password, credit card number, and bank account number, are not disclosed to these third parties in a personally identifiable manner without your explicit consent.
Please let us know if the personal information which we hold about you needs to be corrected or updated. The same will be corrected/updated within a reasonable time.
v1.0 - 11.04.2013 - Initial release - Orpiva EULA Markdown