OpenComps reserves the right to update and change the TOU from time to time without notice. Any new features that augment or enhance the current service, including the release of new tools and resources, shall be subject to the TOU. Continued use of OpenComps after any such changes shall constitute your consent to such changes. You can review the most current version of the TOU at any time at https://www.opencomps.com/about-terms.php.
Violation of any of the terms below may result in the termination of your account.
- We grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access OpenComps in compliance with the TOU; unlicensed access is unauthorized.
- You agree not to license, distribute, make derivative works, display, sell, or "frame" content from OpenComps, excluding content you create and share with friends/co-workers.
- You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.
- You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with OpenComps, e.g. for downloading, uploading, posting, flagging, emailing, searching, or mobile use.
- Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email.
- You agree not to collect users' personal and/or contact information.
- OpenComps services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation, including export control laws, is prohibited. This includes, without limitation, material protected by patent, copyright, trademark, service mark, trade secret or other intellectual property rights. If you use another party's material, you must obtain prior authorization. By using OpenComps, you represent and warrant that you are the author and copyright owner and/or proper licensee with respect to any hosted content and you further represent and warrant that no content violates the trademark or rights of any third party.
- You shall not commit or permit wrongful or damaging acts which justify civil action including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent or intentionally inflicting emotional distress.
- You agree we may moderate OpenComps access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination.
- You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not.
- You must be 18 years or older to use OpenComps.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. You agree to maintain and update this information to ensure that it is true, accurate, current and complete.
- Your login may only be used by one person; a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
You are responsible for maintaining the security of your account and password. OpenComps cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all content posted and activity that occurs under your account.
You may not use the service for any illegal or unauthorized purpose. You must not, in the use of OpenComps, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment and Refund Terms
- A valid credit card is required for paying accounts.
- You authorize us to charge your account for OpenComps subscription fees. Unless noted, fees are in US dollars.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- OpenComps' subscription is billed in advance on a monthly or annual basis, as selected, and is non-refundable. There will be no refunds or credits for partial periods of service, upgrade/downgrade refunds, refunds for periods unused with an open account or refunds for content we remove. In order to treat everyone equally, no exceptions will be made.
- Your credit card will remain on file and will automatically be charged for each subsequent period (monthly or annual, as selected) unless you cancel your plan by logging into your account, going to your user profile (link with your name in the top right corner) and clicking on "Cancel Subscription" link.
Subscription Cancellation Or Account Termination
- If you cancel your subscription before the end of your current paid up period (month or year), your cancellation will take effect at the end of your paid up period and you will not be charged again.
- If you wish to completely terminate and delete your account from OpenComps, please send us an email request at admin (at) opencomps (dot) com. You can cancel your account at your discretion, no questions asked (subject to the refund policies outlined above).
- If your account is deleted, all personal information is deleted from the system. Your content, however, may continue to be available on OpenComps and may be identifiable by other non-personal information (e.g. IP address).
- OpenComps, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of OpenComps for any reason at any time. Such termination will result in the deactivation or deletion of your account or your access to your account. OpenComps reserves the right to refuse service to anyone for any reason at any time.
Modification To Service and Prices
- OpenComps reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice.
- Prices of all services, including but not limited to monthly or annual subscription plan fees to the service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the OpenComps site (opencomps.com).
- OpenComps shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the OpenComps' service.
MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
To the extent permitted by law:
- OpenComps does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected.
Your access and use are at your own risk, and OpenComps is provided "AS IS" and "AS AVAILABLE".
- We are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your OpenComps use; (d) any material downloaded or otherwise obtained through OpenComps, or (e) our representations.
- WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES ("OPENCOMPS ENTITIES"), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
- OPENCOMPS ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL).
- IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $50 OR WHAT YOU PAID US IN THE PAST MONTH.
- Any claim, cause of action or dispute arising out of or related to the TOU or your OpenComps use is governed by New York law regardless of your location or any conflict or choice of law principle.
- Claims must be resolved exclusively by state or federal court in New York, NY (except we may seek injunctive remedy anywhere).
- You agree to submit to personal jurisdiction of said courts.
- Any claim must be filed within 1 year after it arose or be forever barred.
- You agree not to bring or take part in a class action against OpenComps Entities.
- You agree to indemnify OpenComps Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your OpenComps use.
- Our content and other media is for informational purposes only and does not constitute professional advice.
- Technical support is only provided to paying account holders and is mostly available via email, with limited phone support.
- You understand that OpenComps uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run OpenComps.
- We may communicate with users from time to time via e-mail to send information about important changes to our products and services, and to send notices and other disclosures required by law. By providing your email address, you agree to these communications, but they will be primarily informational in nature rather than promotional and will be strictly limited in number. We follow a strict no-spam policy.
- We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or the TOU.
- You understand that the technical processing and transmission of the service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Complaints about violators of this TOU should be sent to admin (at) opencomps (dot) com.