Terms of Service

Last updated: December 5, 2017

Otello Corporation ASA and its affiliates offer a number of different services through their respective websites and software. The terms of this document govern your use of those services. Please read this document carefully.

1. This is a contract.

a. These Terms of Service (“Terms”), along with Otello’s Privacy Statement, form a legally-binding contract between you and Otello Corporation ASA a Norwegian company whose principal place of business is Gjerdrumsvei 19, 0484, Oslo, Norway, as well as its affiliates (“Otello” and “we,” “us” and “our”). By using the Services (as defined below), you are agreeing to be legally bound by these Terms. If you don’t agree with these Terms, you must discontinue using the Services.

b. As used in these Terms, the word “Services” applies to the services provided to you via Otello’s websites, user forums, your user account system, and software applications.

2. We expect you to be a responsible user.

a. You agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You agree to follow all applicable local, state, national, and international laws and regulations. You are solely responsible for all acts or omissions that occur while using any Services, including the content of any transmissions you send through the Services and any content you upload or publish using the Services.

b. We expect you to respect the rights of others. By using the Services, you agree that you will not upload, transfer, or otherwise make available files, images, code, materials, or other information or content (“Content”) that violates the rights of any third party, including their intellectual property rights, however defined.

c. You also agree not to upload, transfer, or otherwise make available any Content that is obscene, vulgar, sexually-oriented, hateful, or threatening. Otello strictly forbids unsolicited messaging and unauthorized advertisements while using the Services.

d. Otello has a zero-tolerance policy against child sexual abuse content and will terminate the access of any user who publishes or distributes child sexual abuse content. Furthermore, we will report such user to the appropriate authorities.

e. You are responsible for the security of your user account. Certain Services (including use of Otello’s forums) allow you to create a user account to access to certain Services. You are entirely responsible for maintaining the confidentiality of your user account and password. Additionally, you are also responsible for any and all activities that occur under your user account.

f. You acknowledge that information of any kind presented to you via the Services may be protected by copyright, trademark, patent and/or other proprietary rights and laws. You agree not to violate these laws or infringe these rights in any way.

g. Certain features of the Services may allow you to publish or send content that can be viewed by others (“User Generated Content”). You agree that Otello is not liable for User Generated Content that is provided by others. Otello has no duty to pre-screen User Generated Content, but Otello has the right to refuse to post, edit, or deliver User Generated Content. Opera reserves the right to remove User Generated Content for any reason, but Otello is not responsible for any failure or delay in removing such material. Otello reserves the right to block any user’s access to any content, website or webpage at our sole discretion.

h. Otello does not claim ownership of any User Generated Content. However, by submitting User Generated Content on any Service, including any ideas, concepts, know-how, or techniques described therein, you consent to Otello’s unrestricted use of those items.

i. If you upload any Content or User Generated Content to Otello’s sites, you warrant that you have the necessary rights and authority to do so, including the necessary consent to upload and distribute any personal information about third persons. You agree that you will not upload viruses or other forms of malware.

3. Details. For clarity, and consistent with the rest of these Terms, here are further details on specific Services that may be available through the Otello websites or software applications.

4. The Services are provided without any warranties or guarantees. Otello does not guarantee that your use of the Services will be problem free. Although we work hard to provide the highest quality software and services, we cannot and do not guarantee that they will work perfectly every time or in every respect.

a. The Services are provided “as is” without warranties of any kind. Otello and/or its respective suppliers hereby disclaim all warranties and conditions with regard to the Services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

b. Otello does not represent or warrant that the Services will be uninterrupted or error free, that defects will be corrected, or that the Services or the server that makes them available are free of viruses or other harmful components.

c. In compliance with local law, certain Services and websites may not be available in some countries.

5. Certain Services are provided by third parties. Some Services accessible through the Otello applications are provided by other companies (“Third Party Services”). Third Party Services may be subject to separate terms and conditions. These Third Party Services may include the following:

a. WhatsApp: A messaging service provided by WhatsApp, Inc. Terms of use and other important legal information is available at https://www.whatsapp.com/legal; and

b. Messenger: A messaging service provided by Facebook, Inc. with Terms of use available at https://www.facebook.com/legal/terms.

6. Your access to the Services is subject to change. Otello reserves the right at any time to modify or discontinue the Services in whole or in part, and to terminate your access to the Services at any time, with or without notice. You agree that Otello shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. Otello may also terminate or suspend your user account for inactivity, which is defined as failing to sign-in to the Services for an extended period of time, as determined by Otello. Otello reserves the right to assign its rights and responsibilities under these Terms to any third party.

7. Links to the Third Party Sites are available through the Services. The Services may contain links to other websites (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third Party Content”). Otello has no control over and no responsibility for Third Party Sites or Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Otello.

8. Otello is not responsible for any damages you may incur as a result of your use of the Services.

a. You agree that Otello shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Services.

b. You agree that Otello is not responsible or liable for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that Otello is not responsible for any content sent using and/or included in the Services by any third party.

c. In no event shall Otello and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Services, with the delay or inability to use the Services, the provision of or failure to provide any Services, or for any information, software, products, services, and related graphics obtained through the Services, or otherwise arising out of the use of the Services, whether based on contract, tort, negligence, strict liability, or otherwise, even if Otello or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply in every instance. If you are dissatisfied with any portion of the Services, or with any of these terms, your sole and exclusive remedy is to discontinue using the Services and related websites.

d. You agree to indemnify and hold Otello, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Services.

9. We need you to respect our trademarks. The Otello word mark are trademarks of Otello Corporation ASA in Norway, the European Union and other countries. You agree that all of Otello’s trademarks, trade names, service marks and other Otello logos and brand features, and product and service names are trademarks and the property of Otello. Without Otello’s prior written permission, you agree not to display or use in any manner the Otello Marks.

10. These Terms are based on Norwegian law. These Terms are governed by the laws of Norway without giving effect to any conflicts of law principles that may require the application of the laws of a different country. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. All actions or proceedings arising under or related to these Terms must be brought in the Oslo City Court, and each party hereby agree to irrevocably submit to the jurisdiction and venue of any such court in all such actions or proceedings. If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of these Terms shall not be affected or impaired thereby. You may not assign or transfer your rights under these Terms without obtaining Otello’s prior written consent, and any purported assignment or transfer in violation of this section will be null and void.

11. Otello may modify these Terms. Otello may update these Terms or the Privacy Statement from time to time. The current version of these Terms are posted at https://www.otellocorp.com/terms-of-service. The Privacy Statement is posted at https://www.otellocorp.com/privacy-statement. It is your responsibility to remain informed of any changes, because you are legally obligated to abide by the latest versions of these Terms and the Privacy Statement.

12. Notice to rights holders. If you believe that any content accessible via the Services infringes your rights, you may submit a notification to Otello in which you provide the following information: (a) identification of the rights/works that are being infringed upon; (b) identification of the content that is infringing your rights (including URL(s) for the content); (c) your name, address, telephone number, and electronic mail address; (d) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by the rights holder, its agent, or the law; (e) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (f) your physical or electronic signature, or that of a person authorized to act on your behalf, of the owner of an exclusive right that is allegedly infringed. Notices may be sent to legal@otello.com, attention: Content Team.

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