PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING
TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY
Effective date: July 1, 2013
Welcome to WWW.OPENME.COM. Please read on to learn the rules and restrictions that govern your use of our
website(s), products, services and applications (the “Services”). If you have any questions, comments, or
concerns regarding these terms or the Services, please contact us at:
You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your
using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We
reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a
notice on the WWW.OPENME.COM website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer
be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that
means you agree to all of the changes.
Except for changes by us as described herein, no other amendment or modification of these Terms will be effective
unless in writing and signed by both you and us.
What about my privacy?
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental
consent before they knowingly collect personally identifiable information online from children who are under 13.
We do not knowingly collect or solicit personally identifiable information from children under 13; if you
are a child under 13, please do not attempt to register for the Services or send any personal information about
yourself to us. If we learn we have collected personal information from a child under 13, we will delete
that information as quickly as possible. If you believe that a child under 13 may have provided us personal
information, please contact us at firstname.lastname@example.org.
What are the basics of using WWW.OPENME.COM?
You may be required to sign up for an account, and select a password and user name (“Open Me User ID”). You
promise to provide us with accurate, complete, and updated registration information about yourself. You may
not select as your Open Me User ID a name that you don’t have the right to use, or another person’s name with the
intent to impersonate that person. You may not transfer your account to anyone else without our prior written
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your
parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms
on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and
warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind such
organization or entity to these Terms (in which case, the references to “you” and “your” in these Terms, except
for in this sentence, refer to that organization or entity).
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for
the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your
use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We
can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and
your password. You’re responsible for any activity associated with your account.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those
terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
(a) Infringes or violates the intellectual property rights or any other rights of
anyone else (including Open Me);
(b) Violates any law or regulation;
(c) Is harmful, fraudulent,
deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) Jeopardizes the
security of your Open Me account or anyone else’s (such as allowing someone else to log in to the Services as
(e) Attempts, in any manner, to obtain the password, account, or other security information from any
(f) Violates the security of any computer network, or cracks any passwords or security encryption
(g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes
that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper
working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through
use of manual or automated means);
(i) Copies or stores any significant portion of the Content;
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information
of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in WWW.OPENME.COM?
The materials displayed or performed or available on or through the Services, including, but not limited to,
text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the
foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to
abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access
through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit,
distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by
you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s
(including Open Me’s) rights.
You understand that Open Me owns the Services. You won’t modify, publish, transmit, participate in the transfer
or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or
otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this
functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
Do I have to grant any licenses to Open Me or to other users?
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.”
Some User Submissions are viewable by other users. In order to display your User Submissions on the
Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User
Submissions. Please note that all of the following licenses are subject to our Privacy
Policy to the extent they relate to User Submissions that are also your personally-identifiable information.
For all User Submissions, you hereby grant Open Me a license to translate, modify (for technical purposes, for
example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act
with respect to such User Submissions, in each case to enable us to operate the Services, as described in more
detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal Open Me account, in a manner that is not viewable by any
other user except you (a “Personal User Submission”), you grant Open Me the license above, as well as a license to
display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User
Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission only in a manner that only certain specified users can view (for example, a
private message to one or more other users) (a “Limited Audience User Submission”), then you grant Open Me the
licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for
the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and
providing the Services necessary to do so. Also, you grant such other specified users a license to access
that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality
of the Services.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain
specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions,
improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public
User Submission”), then you grant Open Me the licenses above, as well as a license to display, perform, and
distribute your Public User Submission for the purpose of making that Public User Submission accessible to all
Open Me users and providing the Services necessary to do so, as well as all other rights necessary to use and
exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection
with Open Me’s business. Also, you grant all other users of the Services a license to access that Public
User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide.
Finally, you understand and agree that Open Me, in performing the required technical steps to provide the
Services to our users (including you), may need to make changes to your User Submissions to conform and adapt
those User Submissions to the technical requirements of connection networks, devices, services, or media, and the
foregoing licenses include the rights to do so.
What if I see something on the Services that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service
providers, like Open Me, being asked to remove material that allegedly violates someone’s copyright. We
respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be
infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute
Policy and learn how to report potentially infringing content, by viewing the Copyright Dispute Policy. To
learn more about the DMCA, click here.
Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole
responsibility of the person from whom such content originated, and you access all such information and content at
your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages
or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding
how you may interpret and use the Content or what actions you may take as a result of having been exposed to the
Content, and you hereby release us from all liability for you having acquired or not acquired Content through the
Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not
responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant
you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your
registration information accurate and current. You are responsible for all your activity in connection with the
The Services may contain links or connections to third party websites or services that are not owned or
controlled by Open Me. When you access third party websites or use third party services, you accept that there are
risks in doing so, and that Open Me is not responsible for such risks. We encourage you to be aware when you leave
you visit or utilize.
Open Me has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or
practices of or opinions expressed in any third party websites or by any third party that you interact with
through the Services. In addition, Open Me will not and cannot monitor, verify, censor or edit the content of any
third party site or service. By using the Services, you release and hold us harmless from any and all liability
arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and
delivery of goods or services, and any other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation
you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third
parties. You agree that Open Me shall not be responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that
Open Me is under no obligation to become involved. In the event that you have a dispute with one or more other
users, you release Open Me, its officers, employees, agents, and successors from claims, demands, and damages of
every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in
any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do
waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by
him must have materially affected his settlement with the debtor."
Will Open Me ever change the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue
any part of the Services, or we may introduce new features or impose limits on certain features or restrict access
to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services
that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any
Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you
contributed that Content in violation of these Terms), in our sole discretion, and without notice.
What if I want to stop using WWW.OPENME.COM?
You’re free to do that at any time, by contacting us at email@example.com;
as well as the licenses above, to understand how we treat information you provide to us after you have stopped
using our Services.
Open Me is also free to terminate (or suspend access to) your use of the Services or your account, for any reason
in our discretion, including your breach of these Terms. Open Me has the sole right to decide whether you are in
violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind
before you decide to terminate your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of
example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any
limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding
disputes between us.
What else do I need to know?
Warranty Disclaimer. Open Me does not make any representations or warranties
concerning any content contained in or accessed through the Services, and we will not be responsible or liable for
the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the
Services. We make no representations or warranties regarding suggestions or recommendations of services or
products offered or purchased through the Services. Products and services purchased or offered (whether or
not following such recommendations and suggestions) through the Services are provided “AS IS” and without any
warranty of any kind from Open Me or others (unless, with respect to such others only, provided expressly and
unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE
PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR
THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER
NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR
OTHERWISE) SHALL OPEN ME BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY
OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF
(I) $100 OR (II) THE AMOUNTS PAID BY YOU TO OPEN ME IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH
PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and
hold Open Me, its affiliates, officers, agents, employees, and partners harmless from and against any and all
claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising
from or in any way related to any third party claims relating to (a) your use of the Services (including any
actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a
claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we
have for your account (provided that failure to deliver such notice shall not eliminate or reduce your
indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or
obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Open Me’s
prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without
Choice of Law; Arbitration. These Terms are governed by and will be construed under the
laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising
from or relating to the subject matter of these Terms shall be finally settled in Los Angeles County, California,
in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and
Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in
resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list
of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be
entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes,
each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of
competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and
venue in the state or federal courts located in, respectively, Los Angeles County, California, or the Southern
District of California.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting
all taxes, duties, and other governmental assessments associated with your activity in connection with the
Services, provided that the Open Me may, in its sole discretion, do any of the foregoing on your behalf or for
itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be
deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or
invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall
otherwise remain in full force and effect and enforceable. You and Open Me agree that these Terms are the complete
and exclusive statement of the mutual understanding between you and Open Me, and that it supersedes and cancels
all previous written and oral agreements, communications and other understandings relating to the subject matter
of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as
otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these
Terms and you do not have any authority of any kind to bind Open Me in any respect whatsoever. You and Open Me
agree there are no third party beneficiaries intended under these Terms.