OPX - Terms and Conditions of Use

Table of Contents

1 Contact information

OPX is provided via the websites http://johannes-willkomm.de/opx/ by Johannes Willkomm. When we refer to "Services", "we", "us", or "OPX" in the text, we refer to Johannes Willkomm, Am Friedrich 7, 52074 Aachen, Germany.

You may also contact us by email under johannes@johannes-willkomm.de.

2 Restrictions and limitations of use of your Services

You are only allowed to use our Services if:

  1. You agree to these Terms and Conditions
  2. You agree to our Privacy Policy

If you do not agree with any part of our Terms and Conditions or our Privacy Policy, you may not use our Services.

3 Intellectual property and copyright rights

3.1 OPX Copyright

The OPX Services are our intellectual property. We reserve the right to change, modify or enhance the Services partially or entirely in any way that we see fit. We also reserve the right to license and re-license the Services.

3.2 How user-generated content is handled

3.2.1 You Retain Ownership of Your Content.

You retain ownership of all of your intellectual property rights in your Content. OPX does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.

3.2.2 Limited License to Your Content.

You grant OPX a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing the Services to you and as otherwise permitted by the OPX privacy policies. This license for such limited purposes continues even after you stop using our Services, with respect to aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of OPX’s business. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you. If you provide OPX with feedback about the Services, we may use your feedback without any obligation to you.

4 Limitations of your liability and disclaimers of warranties

4.1 Disclaimers

While we always strive to provide a reliable robust and correct Service, there are certain things we do not promise. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. OPX DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.

4.2 Exclusion of Certain Liability.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, OPX, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF OPX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

4.3 Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF OPX, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY YOU TO OPX FOR USE OF THE SERVICES AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) US$200.00.

4.4 Consumers

We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.

4.5 Businesses

If you are a business, you will indemnify and hold harmless OPX and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your or your end users’ use of the Services or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.

5 Changes to the Services or the Terms and Conditions of Use

5.1 Changes to the Terms and Conditions of Use

OPX may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be posted on the OPX website. Notice of amendments may also be posted to our blog. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require us to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.

5.2 Changes to the Services

OPX constantly changes and improves the Services. We may add, alter, or remove functionality from a Service at any time without prior notice. We may also limit, suspend, or discontinue a Service at our discretion. We may remove content from the Services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.

5.3 How users will be notified about changes to your terms

When either our Terms and Conditions of Use or our Privacy Statement is updated we will strive to let you know. This can happen at the earliest the next time that you use our software or the next time you visit our website.

Date: <2018-11-18 So>

Author: Johannes Willkomm

Created: 2019-03-19 Tue 21:42

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