Terms of use

These Terms of Use determine the legal rights and obligations of the user. If you do not agree to all the Terms of Use, you should not access the OPS! Services (see below for the definition of Services) or use of them.
Ops srl, Via G. Orsini 85, 50126, Florence, Italy – VAT 06626740481 (from now on OPS!)
By accessing the OPS! web site, the OPS! application or to any of the services that OPS! makes available, you agree to be bound by these terms.
“Services” from now on will be understood to the smartphone application OPS! and the OPS! website.
“Content” from now on will be understood regarding any data, text, files, information, user names, images, graphics, photographs, profiles, audio and video clips, sounds, musical compositions, intellectual property works, applications, links and other content or potentially publishable materials through the OPS! Services.
“OPS! Parties” from now on will be understood to OPS!, its employees, managers or agents.
The Services are owned by Ops srl and these Terms of Use shall be construed concluded with Ops srl.

Basic terms

1. The use of the Services is reserved for users who are at least 14 years old.
2. The user declares that he has the legal rights and the legal capacity to adhere to these terms and conditions in his jurisdiction.
3. It’s prohibited to post on the Services any content that does not respect the laws of user’s country (eg content with full or partial nudity, illegal, unlawful, discriminatory, containing messages of hatred, pornographic or explicit sexual content or other violent content).
4. The user is solely responsible for all the content submitted, posted or displayed on or through the Services, and the behavior that they assume by using the Services.
5. The user is responsible for all activity that takes place within their account. The user agrees not to sell, transfer, grant of license or assign to third parties any right to their account (for example his followers, user name, or other).
6. The user agrees not to create an account except for themselves. OPS! prohibits the creation of accounts on behalf of others. Exceptions are made for persons or companies specifically authorized to create accounts on behalf of their employers or clients.
7. The user declares that all information provided to OPS! are true, accurate, current and complete, and further agrees to update the information as needed in order to ensure the veracity and accuracy.
8. The user agrees not to request, collect or use in any way the access code of other OPS! users.
9. The user is responsible for his password and undertakes to keep it secret and safe, changing it periodically.
10. Whether the access to OPS! is through APIs of another service provider (eg Facebook, Google +, etc.), the user undertakes to comply with the terms and conditions of third party service provider and agrees that OPS! can acquire data from these APIs and use them according to the OPS! privacy policy available at the following link: http://www.ops-social.com/privacy-policy-ops/
11. Using the Services is prohibited to conduct behaviour that would comply as illegal or unauthorized (eg. defame, abuse, harass, impersonate or intimidate any person or entity). It is also forbidden to publish through the Services private or confidential information including, among others, data from credit cards, social security numbers or other identifying numbers, private address or location information, non public phone numbers and email addresses.
12. Using the Services the user agrees to comply with all laws, rules and regulations applicable to the use of the Services and Content.
13. User is not allowed to create or send e-mail, comments, or any other form of commercial communication or harassing (also known as “spam”) to other OPS! users.
14. It is forbidden to use domain names or Web URL in the username or in the account information without having first requested the written consent of OPS!.
15. It is prohibited to create accounts and using the services through automated computer systems or unauthorized means, including, but not limited to, the use of devices, scripts, bots, spiders, crawlers or automated scraper.
16. It is forbidden to change, modify, adapt or alter the Services, as well as to change, modify or alter other Web sites to imply falsely that they are associated with the OPS! Services.
17. It’s not allowed in any way to interfere with or impair the Service or servers or networks connected to the Services, including, but not limited, by the transmission of any type or form of intrusive or destructive code (worms, viruses , spyware, etc.).
18. It is prohibited to load viruses or other malicious code and take actions that can alter or otherwise interfere with the proper functioning or the appearance of OPS! on the user’s browser or mobile device. It is also forbidden to prevent another user to use or exploit the Services.
19. It is forbidden to solicit or encourage any violations of these Terms of Use or other terms of OPS!.
20. Whether the user doesn’t respect these Terms of Use it will lead, at the sole discretion of OPS!, to the closing of the account. The user acknowledges that he understands and accepts that OPS! cannot be and will not be held responsible for the Content posted on the Services and that the use of the Services is at user own risk. OPS! also reserves the right to take legal action to protect its rights.
21. OPS! has no statistical value as it is not based on detections of a scientifically prepared sample.
22. The percentages do not take into account the decimal values. In some cases, therefore, the sum may be less than 100.

General Conditions

1. OPS! reserves the right to modify or discontinue the access to the Services at any time without notice, for any reason whatsoever and without any liability to the users. The user has the option to deactivate his OPS! account by sending an email to the following address: unsubscribe@ops-social.comIn case of interruption of access to OPS! Services, or in case of deactivation of the account by the user, the OPS! and its results, photos, comments, interactions and all other data will no longer be accessible via the account, but such materials and information may continue to exist and to be visible within the Services.Of these materials and the above information, shared with third party suppliers, OPS! will not be held liable (by way of example only, an OPS! shared on Facebook).
2. In case of account deactivation, all licenses and other rights granted under these Terms of Use shall cease immediately.
3. OPS! reserves, at its discretion, the right to periodically change these Terms of Use. Unless there is a change for legal or administrative reasons, notice will be provided with reasonable advance before the effective date of the updated Terms. OPS! may proceed to communicate the updated conditions by posting it on the Services. The use of the Services after the date of entry into force of the updated Terms, constitutes acceptance of the updated Terms. The updated Terms will become effective upon publication or at a later date as specified in the updated Terms and same apply to users use of the Services from that moment on.
4. OPS! reserves the right to deny access to the Services to anyone, for any reason and at any time, and the power to remove any user name for any reason.
5. OPS! reserves the right to remove, edit, block and / or monitor the Content or accounts in which there are contents which, in the sole discretion of OPS !, do not comply with these Terms of Use.
6. User is solely responsible for his interactions, online or offline, with other users of the Services. User agrees not to consider OPS! responsible or liable for the conduct of any user. OPS! reserves the right, but is not obliged, to monitor or become involved in disputes between users. OPS! encourages users to exercise all the common sense needed when interacting with other people, even including when sending or posting Content or data or other personal information.
7. In the Services or communications, as well as in comments and images received from the Services may be present links to Web sites or third party functionalities. The Services also include third-party content on which OPS! has no control and which does not manage or authorize. Some features of the Services could also allow interactions between services and a Web site or a third-party functionality, including applications that connect the Services or the user’s profile on the Services in a Web site or to a feature or third-party applications. OPS! does not control any of these Web services to third parties, nor any of its contents. You understand and expressly agree not to consider OPS! in any way responsible for such services or third-party functionality.
8. OPS! is not responsible for charges resulting from the transmission of data from the use of the Services.
9. It is forbidden any kind of access to content on the Services by automated means including, but not limited to, user profiles and photos (except in the case of the result of standard search engine technologies or protocols used by a search engine with the explicit consent of OPS!).
10. OPS! reserves the right to remove any Content from the Services, for any reason, without notice. The Services may be interrupted for maintenance or scheduled updates, for emergency repairs or due to failures. OPS! will not be held liable for any modification, suspension or discontinuance of the Services or the Content loss.
11. The Content removed from the Services may continue to be stored by OPS!.
12. The user warrants to OPS! a non-exclusive, fully-paid and royalty-free license, which can be granted as a sub-license and is valid throughout the world, for the use of the Contents that the user shares on the Services or through the Services. The license is subject to the Privacy Policy of the Services available at http://www.ops-social.com/privacy-policy-ops/.
13. The user agrees that OPS! can place advertisements and promotions on the Services or on the Contents, or in combination with reference to these. The characteristics, the mode and the coverage of such advertisements and promotions are subject to change without specific notice.
14. OPS! may not always identify paid services, sponsored content and commercial communications as such.
15. To use OPS! the user must be the owner of the Contents posted on or through the Services or still have the right to grant the rights and licenses set forth in these Terms of Use. In addition, the publication and use of the Contents or through the Services must respect the rights of third parties, including, for example, privacy rights, publicity rights, copyrights, trademarks and / or any property rights intellectual.
16. The Services provide contents owned or licensed by OPS! (OPS! Contents). The OPS! Contents are protected by copyright, trademark law and other laws.
17. The name and the logo of OPS! are registered trademarks of Ops srl and may not be copied, imitated or used, in whole or in part, without the prior written permission of OPS!. The same applies to all page headers, custom graphics, button icons and scripts.
18. If the user Contents does not comply with these Terms of Use, it will be the legal responsibility of the user. OPS! has no obligation to screen, monitor, modify, or remove any Content.
19. The comments and suggestions of users related to OPS! are always welcome, however, the user must be aware that OPS! could use them without any obligation to compensate the user.
20. To the maximum extent permitted by applicable law, OPS! does not provide any representations or warranties to the Services, the Contents, the security associated with the transmission of information to OPS! or through the Services, the integration of the system and the absence of computer viruses.
21. The user acknowledges that the use of the services is at his own risk. OPS! do not guarantee that the use of services by the user is legal in some jurisdictions and parts of OPS! specifically exclude such guarantees.
22. OPS! does not represent or warrant that the services will be available without any error or interruption, that defects will be corrected or that the services or the servers that makes it available are free of harmful components included. OPS! does not represent or warrant that the information (including any instructions) on services is accurate, complete or useful.
23. By accessing the services or using them, the user represents and warrants that his activities are legal in each jurisdiction in which he accesses the services or uses them.
24. OPS! does not guarantee the acceptance of the content loaded through the Services and, in particular, accept no liability, with respect to any person or entity for any loss, damages (actual type, consequential, punitive or otherwise), injury, liability, or other causes of any kind or character based on any content or derived from them.
25. OPS! can not be held liable in any way for any loss or damage of any kind that are directly or indirectly related to the Services, the OPS! Contents, the user’s content, the use or inability to use or performance services for the user, for any action taken in connection with an investigation of OPS! or law enforcement officials regarding the use of services by the user or others, any action taken in relation to copyright and other holders of intellectual property, for any errors or omissions in the functioning of the services, to any damage to computers, mobile devices or other user equipment or technologies.
26. OPS! is not responsible for the actions, content, information or third-party data, will therefore be raised from any liability arising from or in any way related to any dispute with that third party.
27. These Terms of Use constitute the entire agreement between the user and OPS! and discipline the use of the Services.
28. The date of entry into force of these Terms of Use is August 1, 2016. These Terms of Use have been drawn up in Italian. Whether any translated versions of these Terms of Use were in conflict with the Italian version, the Italian version shall prevail.
29. These Terms of Use are disciplined and interpreted under the laws of the Italian State. The exclusive place of jurisdiction is Florence, Italy.