We appreciate visiting OwnagePranks.com: a platform operated by OP Media Group LLC. This document sets forth the terms and conditions that apply to your use of this website.
Please read the terms contained in this Agreement carefully before using this Site or our Services. Your use of the Site or the associated Services confirms that you have read and understood this Agreement and you unconditionally accept this Agreement. If you do not accept these terms and conditions, do not use the Site.
CHANGES TO THIS AGREEMENT
We reserve the right, in our sole discretion, to revise this Agreement at any time. Any changes to these terms will be included in a revised version of this Agreement accessible through the Site. Your use of the Site and any related services following posting of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the changed terms. You must cease using the Site if you do not agree to be bound by the revised Agreement.
The Effective Date of this Agreement is September, 30th 2014
Many OP Media Services have interactive elements, so we reserve the right to enforce rules to encourage a positive atmosphere in our community. The following rules of conduct apply to all OP Media Services.
1. You must be 18 years or older to use these Services or have parental consent.
2. You may not post inappropriate materials. This includes nude, partially nude, or sexually suggestive photos.
3. You are responsible for any activity that occurs under your registered screen name.
4. You may not impersonate another person or represent yourself as affiliated with OP Media or OP Media’s staff.
5. You are responsible for keeping your password secure.
6. You must not abuse, harass, threaten, impersonate, or intimidate other OP Media users or use the services to harass others.
7. You may not use web URLs in your name or posts without prior written consent from OP Media.
8. You may not use the OP Media Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
9. You are responsible for your conduct and any data, text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials ("Content") that you submit, post, and display on the Site.
10. OP Media does not control, is not responsible for and makes no representations or warranties with respect to any user content.
11. In compliance with COPPA, if you find someone 13 years old or younger using the service without parental consent, please contact us.
This list is an example and is not intended to be complete or exclusive. We don't have an obligation to monitor your access to or use of the Service or to review or edit any information posted to OP Media, by users. However, we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
We reserve the right, at any time and without prior notice, to remove or disable access to any data submitted by a user, that we consider, in our sole discretion, to be in violation of these Terms, or harmful to the Service. Deleted content may be stored by OP Media in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, OP Media encourages you to maintain your own backup of your Content. OP Media will not be liable to you for any modification, suspension, or discontinuation of the OP Media Services, or the loss of any Content.
The Content available through the Service has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Service or any Content on the Service, relating to the quality, suitability, truth, accuracy or completeness of any Content contained in the Service.
1. You may not access or try to access non-public areas of the Services, our computer systems, or the technical delivery systems employed by our Service.
2. You may not use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, crawl, scrape, or otherwise index any portion of the site or any content from OP Media including but not limited to posted items, user profiles, names, addresses, email addresses, and photos.
3. You may not create or submit unwanted email or comments to any OP Media users ("Spam").
4. You may not gather and use information, such as users’ name, real names or email addresses which are made available through the service for any purpose outside of these Terms, including but not limited to Spam or any other form of unwanted solicitation.
5. You may not transmit any worms or viruses or any code of a destructive nature.
6. You may not use the Site to violate any laws in your jurisdiction (including but not limited to copyright laws).
7. Violation of this Agreement can result in the termination of your Site account. You also agree to indemnify and hold OP Media harmless as described further in the section labeled “Indemnification”.
8. While OP Media prohibits certain conduct and content on its site, you understand and agree that OP Media cannot be responsible for the Content posted on its web site so you nonetheless may be exposed to such materials and that you use the OP Media Services at your own risk.
1. We reserve the right to refuse service to anyone for any reason at any time.
2. We reserve the right to force forfeiture of any username that becomes inactive, violates intellectual property rights, defames, or may mislead other users.
4. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
INTELLECTUAL PROPERTY RIGHTS
1. By posting, uploading, embedding, displaying, communicating, or otherwise distributing ("Posting") any Content on or through the OP Media Services including but not limited to utilizing OP Media soundboards or the “Request a Prank” feature, you hereby grant to OP Media a non-exclusive, perpetual, irrevocable, fully paid and royalty-free, worldwide, sub-licensable and transferable license to all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual and industrial property rights (“Rights”). This grant allows OP Media to use, modify, publicly perform, publicly display, reproduce, distribute, and generally exploit such Content, including without limitation distributing part or all of the Content in any media formats, for any purpose, in perpetuity, through any distribution channels, known or unknown.
2. You agree that you shall promptly execute and shall cause anyone acting on your behalf promptly to execute, any and all documents that may be necessary to perfect OP Media's rights in and to work or Intellectual Property if it has not already been perfected by this Agreement.
3. You may not copy, modify, reproduce, retransmit, reverse engineer OP Media Intellectual Property in any fashion or for any purpose other than set forth in this Agreement without the express written permission of the OP Media.
4. Some of the OP Media Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that OP Media may place such advertising and promotions on the OP Media Services or on, about, or in conjunction with your Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you.
5. You represent and warrant that: (i) you own the Content posted by you on or through the OP Media Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the OP Media Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your Content on the OP Media Services does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owed to any person by reason of Content you post on or through the OP Media Services.
6. The Site contains copyrighted material, trademarks and other proprietary information that may include, but is not limited to text, software, photos, video, graphics, music and sound, and the entire contents of the Site are copyrighted as a collective work under the United States copyright laws. You acknowledge that OP Media owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.
7. OP Media owns and retains all rights in the OP Media Content and the OP Media Services. OP Media hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the OP Media Content (excluding any software code) solely for your personal use in connection with viewing postings and using the OP Media Services.
8. User acknowledges that it does not acquire any ownership rights by accessing or otherwise using copyrighted material. Except as provided within this Agreement, you may not copy, modify, create derivative works, publicly display, publicly perform, or digitally transmit any Content appearing on or through the OP Media Services.
9. To the extent any "moral rights," "ancillary rights," or similar rights ("Moral Rights") in or to the Postings exist and are not exclusively licensed by us and to the extent you are able to do so under applicable law, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
10. Without limiting the scope of the License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Postings, and to the extent allowed by applicable law, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Postings submitted by you to us.
11. By Posting to the Services, you waive any right to send a copyright-related or terms of service related account “strike” on any of OP Media’ third-party accounts based on the Content you Posted or any work derived from that Content.
12. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Service ("Feedback") is given entirely voluntary and, even if designated as confidential, will not create any confidentiality obligation for us and we will be free to use, disclose, reproduce, license, distribute, and otherwise exploit such Feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
NOTICE AND TAKEDOWN PROCEDURE FOR COPYRIGHT COMPLAINTS
It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to OP Media as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.
It is expected that all users of any part of OP Media will comply with applicable copyright laws. However, if OP Media receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.
If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
OP Media’s Designated Agent to receive notification of alleged infringement under the DMCA is: [email protected]
Upon receipt of proper notification of claimed infringement, OP Media will follow the procedures outlined herein and in the DMCA.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide OP Media's Agent (listed above) the following information in a written communication (preferably via email):
1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit OP Media to locate the material;
3. Information reasonably sufficient to permit OP Media to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
4. The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
5. The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and
6. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyrights.
A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide OP Media's Agent (listed above) the following information in a written communication (preferably via email):
1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
2. Your name, address, and telephone number;
3. The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]";
4. The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
5. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
6. Your signature, in physical or electronic form.
Upon receipt of such counter notification, OP Media will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that OP Media will replace the removed material or cease disabling access to it in 10 business days. OP Media will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
In accordance with Section 512(i)(1)(a) of the DMCA, OP Media will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
Accommodation of Standard Technical Measures
It is OP Media's policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that OP Media determines are reasonable under the circumstances.
ADDITIONAL REQUEST A PRANK TERMS
1. You may not use this feature to threaten, harass, annoy, violate another person's privacy rights, or commit a crime.
2. Purchases via the Services, including but not limited to tokens, are not refundable.
3. OP Media may at any time choose to utilize a payment system for purchases. Your use of the Service is contingent on your paying in advance for such use, in the amounts and using the methods then-current on the Services. OP Media shall charge your indicated method of payment immediately upon your confirming the payment method and amount. Amounts to be charged may include sales and other taxes where applicable and any other amounts indicated on the Services. To the extent that you are responsible for any additional taxes or fees beyond those collected by OP Media you agree that you will pay them when due.
4. OP Media shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds from your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge). In addition to these Terms, any payments made by you may be subject to the agreement between you and the provider of the payment method. As between you and OP Media, you are responsible for all charges related to purchases made using your account and payment method, whether or not you authorized such purchases.
5. If you have a question about an issue purchasing, please send it to [email protected]
You agree to indemnify and hold OP Media harmless from and against any and all costs, damages, liabilities, and expenses (including but not limited to attorneys' fees and fees incurred in settling disputes) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use or misuse of, or access to the Service including but not limited to (i) violation of the Terms of this agreement, by any person using your account, violates any applicable law or regulation, or the rights of any third party; (ii) your Content; or (iii) your interaction with other Users.
OP Media retains the right to employ OP Media’s own counsel. You remain solely responsible for OP Media’s defense and must obtain OP Media’s written consent to a settlement. You agree to notify OP Media of a pending suit claiming you have violated a third party’s intellectual property or other rights. OP Media requires that you confirm your indemnification in case of a lawsuit; failure to do so may be considered a breach of this Agreement.
OP Media may terminate, change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) or your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Service and related Content.
You understand and agree that the Service are provided to you "AS IS" and on an "AS AVAILABLE" basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
LIMITATION OF LIABILITY
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE OR IN THE ALTERNATIVE, IF NOT AMOUNT WAS PAID FOR THE SERVICE, IT SHALL NOT EXCEED $500. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE OR ANY CONDUCT OR CONTENT OF OP MEDIA OR OF ANY THIRD PARTY ON THE SERVICE. CLAIMS UNDER THIS AGREEMENT MUST BE MADE WITHIN A REASONABLE TIME (ASSUMED TO BE ONE YEAR).
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. In these cases, OP Media’s liability will be limited to the fullest extent permitted by applicable law.
For any dispute you have with OP Media, you agree to first attempt to resolve the dispute with us informally. In the unlikely event that OP Media has not been able to resolve a dispute after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or breach or alleged breach thereof (collectively, “Claims”), by binding arbitration.
Unless you and OP Media decide otherwise, arbitration will be conducted in Arlington, VA unless objectively, unduly burdensome to one party. Each party will be responsible for paying any filing, administrative and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Service.
TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND OP MEDIA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Often OP Media will accept solicited and unsolicited ideas, concepts, submissions, and Content through the Site. By submitting any material, at any time, finished or unfinished for OP Media's review, you acknowledge and agree as follows:
You warrant that you are the sole owner and author of the submitted work and that you have the exclusive, unconditional right & authority to provide it to OP Media to review and utilize. You warrant that the consent of no other person or entity is required to enable OP Media to use the submission.
You agree that any part of the material provided by you to OP Media which is not novel or original and not legally protected may be used by OP Media without any liability.
OP Media shall not be under any obligation to you with respect to the submitted material except as may later be set forth in a executed, written agreement between you and OP Media.
For the good and valuable consideration of reviewing the submission and potential of working with OP Media, upon submission you hereby assign all title and interest in the intellectual property (including but not limited to copyright and trademarks) in the materials provided to OP Media and shall execute any documents to perfect those rights if necessary.
You acknowledge that OP Media has already had access to and/or may independently create or have created ideas, themes, formats and/or other materials which may be similar or identical to the theme, plot, idea, format or other element of the material being provided by you and you agree that you will not be entitled to any compensation for use of such similar or identical material.
You agree to indemnify OP Media from and against any and all claims, expenses, losses, or liabilities (including, without limitation, reasonable attorneys' fees and punitive damages) that may be asserted against OP Media in connection with material provided by you to OP Media or provided to you by OP Media. You agree to hold and maintain information provided to you in strictest confidence for the sole and exclusive benefit of OP Media. You agree to restrict third-party access to information provided to you to only those under obligations equal to or stricter than the requirements in this agreement.
You understand that OP Media would refuse to evaluate the provided material or provide material to you in the absence of your acceptance of every provision of this Agreement.
These Terms are governed by the laws of the state of Virginia, without regard to any conflict of laws rules or principles.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
If any provision of this Agreement is held to be illegal, invalid or unenforceable in any respect, this shall not affect the other provisions of this Agreement, and this Agreement shall be construed as if such illegal, invalid or unenforceable provision had never been contained herein. Moreover, if any provision contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall then appear.
These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
1 Please contact us [[email protected]] if you have any questions about our Terms.
We use the data we collect from users in a variety of ways
• To improve the website
• To personalize your experience
• To process transactions
• To facilitate contests and surveys
We may also disclose and transfer your personal information to any successors-in-interest in the event that OP Media is acquired by, sold to, merged with, or transferred to a third party. Some or all of your personal information provided to OP Media could be amongst the assets transferred.
Users submit certain information automatically simply by viewing the website
We use information our site collects, such as your IP address, to help diagnose problems with our server and to administer our website. Your IP address is also used to gather broad demographic information in order to tailor our website to better suit your needs.
This site serves third-party advertising
Google and Advertising:
• Google's use of the DART cookie enables it to serve ads to you based on their visit to our site and other sites on the internet.
This site collects information that users voluntarily provide through its registration forms, surveys, and contest entry forms
Our site contains forms that require a user to give us valid and accurate contact information (like your name, email, and postal address).
Contact information from the registration form is used to ship purchases and send information to users about our company. We use the information you submit to fulfill your requests, provide site functionality, improve site quality, personalize your experience, display relevant advertising, provide customer support, message you, back up our systems, allow for disaster recovery, and comply with legal obligations.
A user’s contact information from surveys and contests is also used to get in touch with the user when necessary. Demographic and profile data is used to tailor our user’s experience on our website, by showing them content that we think they might be interested in, and displaying the content according to their preferences.
External sites that this website links to are not subject to this policy
This site contains links to other sites. OP Media is not responsible for the privacy practices or the content of such websites.
Private messages are not necessarily completely "private"
The purpose of private messaging is to allow for discreet conversations to take place between members. Although private messages are normally only accessible by those who send and receive them, they are part of the database and as such, property of OP Media. An Administrator could theoretically locate the Private Messages in the database and read them, for example, to investigate a wrongdoing. Private messages are private, but not necessarily secret.
This site's transactions are not handled internally
OP Media uses an outside online payment service to provide secure online transactions to our members so that they can make payments online with the security and confidence they deserve.
Limitations on data retention and account termination
For example, we may use retained data to prevent, investigate, or identify possible wrongdoing in connection with the site or to comply with legal obligations. Please note that information may exist in backup storage even after it has been removed from our active databases.
We do not collect personal information from children
This website complies with the Children’s Online Privacy Protection Act of 1998 (“COPPA”) and is not intended for children under 18 years of age. This website does not knowingly or intentionally collect any personally identifiable information from or market to individuals under the age of 18.
If you become aware that a child has provided us with personal information without parental consent, please contact us here. If we become aware that a child under 13 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child's account.