Terms & Conditions

TERMS OF USE ("Terms")

Welcome to app.opera.com ("Site"). This Site is operated by Opera Software ("Opera" or "Company") and materials on the Site are owned by Opera or by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between Opera and the third party.  These Terms of Service ("Terms") constitute a legal agreement ("Agreement") between you and Opera; please read them carefully. You must be at least 13 years of age to use the Opera Mobile Store Service. If you are between the age of 13 and 18 you represent that you have received permission from your parent/guardian to complete the registration process on our Site and to download content to your mobile device.

By completing the registration process on our Site or any successor website thereto or by downloading mobile content to a mobile device (each a "Download") or otherwise utilizing any text services, you (1) represent that you are at least 13 years of age and (i) are the account holder or (ii) have the permission of the account holder of a participating mobile communications carrier to sign-up for and use the Opera Mobile Store Service on behalf of the account holder; and (2) agree on behalf of the account holder and yourself to be bound by these terms and conditions of this Agreement.  If you access the Service through another website, please review these terms and conditions on that website or other posted guidelines as they may apply to your use.  Any questions or comments regarding, or problems with, this Site should be sent to apps-support@opera.com.

In this Agreement, "you" and "your" refer to each customer (including the subscriber of a participating mobile communications carrier on whose behalf you are entering into this Agreement) and his or her agents, and "we", "us" and "our" refer collectively to Opera and Opera Mobile Store. This Agreement explains our obligations to you, and your obligations to us in relation to the Opera Mobile Store Service.

Company reserves the right to modify these Terms, in whole or in part, at any time. Changes to these Terms will be effective when posted.  Your use of the Site shall evidence your acceptance of the changes to these Terms and shall constitute your agreement to be bound thereby.

1. Description of Opera Mobile Store Service

Opera Mobile Store (the "Service" or the "Opera Mobile Store Service") provides mobile entertainment content, such as ringtones, games, graphics, news, text games and other information data via the Internet, SMS, MMS, WAP, BREW, IVR and other means of mobile content delivery to certain compatible mobile devices (the "Service" or the "Opera Mobile Store Service"). You acknowledge and agree that the Service is for your personal use on the mobile device designated during the Download or registration. You agree that you may not transmit, broadcast, upload to any computer or mobile device, create derivative works of, or make commercial use of the Service, including, but not limited to, any Download(s). You may not, or attempt to (or otherwise authorize, encourage or support others' attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Service, including, but not limited to, any Download(s). Please note that the Opera Mobile Store Service is not compatible with all mobile devices.  Please check our Web Site for details concerning content availability for certain devices.

2. Registration and Access to Service

Access to the Service. In order to use the Service, you must have access to a mobile communications network for which Opera makes the Service available as well as any carrier services necessary to download content, and pay any service fees associated with any such access. In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile handset or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Opera's operations. Any equipment or software causing interference shall be immediately disconnected from the Service and Company shall have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement.

Text Message Communications. You expressly agree that, as part of the Opera Mobile Store Service, you will, from time to time, receive communications from Opera via text message (SMS), including our promotional newsletters or other information about the Service. You may stop receiving promotional text messages by emailing your request to opt-out, along with your cell phone number, to apps-support@opera.com, or following the opt-out instructions in the text message. If you choose to opt out from receiving promotional messages, you may not opt out of service-related text messages.

Email Communications.  If you provide us with an email address, you agree to receive promotional and account related email communications from Opera. You may unsubscribe from promotional email communications by sending an email to apps-support@opera.com.

Individual Downloads. Company may offer through its service individual Downloads for one-time non-recurring charges ("Individual Downloads").  The price by content type for Individual Downloads, if any, will be listed on the content page.

Registration Data. If you opt to register for the Service, you do so on our Site. If you register for the Service, you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form ("Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If Company has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You acknowledge and agree that we may send you important information and notices regarding your account and our Services and you may not opt-out of your receipt of service related messages. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Service or your account. You further agree that we (ourselves or through third party service providers) are authorized to verify such Registration Data.

Username and Password. If you opt to register for the Service on our Site, you may be required to establish an account and obtain a username and password. You authorize us to process any and all account transactions initiated through the use of your username and password. You are solely responsible for maintaining the confidentiality of your username and password and must immediately notify us of any unauthorized use of your username and password. You acknowledge and agree that you are responsible for any unauthorized activities, charges and/or liabilities made through the use of your username and password. In no event will Company be liable for the unauthorized use or misuse of your username and/or password. Company may need to change usernames allocated to certain of its Services and reserves the right to do so. You will be informed if this is necessary.

Access without Registration. Company may provide you with access to some Services without you registering as a user, such as sign-up via SMS or via Individual Download purchases. In each such case your identification is based on means of identification that we deem appropriate, such as your mobile telephone number or mobile browser ID.

License to Download(s). You acknowledge and agree that the Download(s) and other content items  made available as part of the Service are owned by Company, its affiliates and/or licensors, as applicable, and are protected by intellectual property laws. Company hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable right and license to download and use the object code version of the Download(s) and the Service on a designated compatible mobile device solely for your own personal non-commercial use. You further acknowledge and agree that you may not reproduce, duplicate, modify, perform, transfer, post, distribute, sell, create derivative works of or otherwise use or make available the Download(s) except as expressly provided in this Agreement. No license is granted to you by this Agreement in the human readable code, known as the source code, of the mobile content downloaded on your mobile device, and no rights are granted to you by this Agreement in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the mobile content downloaded on your mobile device.

This Agreement will terminate immediately, without notice, if you fail to comply with any term or condition of this Agreement. Upon a termination of this Agreement, you agree to immediately remove all downloaded mobile entertainment content from your wireless communications device.

Interruptions or Discontinuation of Service. Company reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the Service, or portions thereof, with or without notice to you.

Third Party Products and Services. We may make available or provide access to products and services of independent third parties either directly or via links to websites operated by such third parties. Such products or services shall be purchased and/or obtained directly from such third party. You acknowledge and agree that COMPANY SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS OR SERVICES OF THIRD PARTIES.

3. Privacy

Because we gather information about the customers of Opera Mobile Store we feel you should fully understand the terms and conditions for use of that information.

3.1. Information Opera Mobile Store gathers and tracks

Opera Mobile Store gathers the following information about users:

• Name
• Address
• Email Address
• Telephone
• Fax
• Software Purchased
• Software Registration Code (where applicable)

This information is provided on the contractual understanding with each software publisher that it is to be used solely and exclusively for the purpose of tracking customer software registrations and providing technical support, as is the standard practice in the industry.

Opera Mobile Store does not provide this information to any other third parties under any circumstances.

In case of questions, please send mail to apps-support@opera.com.

3.2. Electronic Newsletters

Opera Mobile Store offers free electronic newsletters to users. We gather the e-mail addresses of users who voluntarily subscribe. Customers may remove themselves from any mailing list by following the instructions contained in every newsletter. They can also subscribe to the newsletters at the time of registration.

3.3. Surveys

Opera Mobile Store may occasionally conduct customer surveys to better target our content and product inventory to our audience. We may share the aggregated demographic information in these surveys with our advertisers and partners. We never share any information about specific individuals with any third party, except as noted previously.

3.4. Usage tracking

Opera tracks user traffic throughout Opera Mobile Store. Overall usage statistics, according to a user ID, browser ID, browser type and MIME type is tracked.

Opera Mobile Store uses information voluntarily given by our users to enhance their experience in our website, whether to provide interactive or personalized elements on the sites or to better prepare future content based on the interests of our users.

Opera Mobile Store uses information that users voluntarily provide in order to send out electronic newsletters and enable users to participate in polls and message boards. We send out newsletters to subscribers on a monthly schedule and occasionally send out special editions when we think subscribers might be particularly interested in something we are doing. Opera Mobile Store never shares newsletter mailing lists with any third parties, including advertisers or partners.

We use tracking information to determine which areas of our sites users like and don't like based on traffic to those areas. Opera Mobile Store does not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you.

We track search terms entered in our search function as one of many measures of what interests our users. But we don't track which terms a particular user enters.

Opera Mobile Store creates aggregrate reports on traffic for advertisers and partners. This allows our advertisers to advertise more effectively and allows our users to receive advertisements that are relevant to their needs. Opera Mobile Store never shares individual personal information with anyone, so an advertiser will never know that a specific user clicked their advertisement.

Opera Mobile Store uses the above-described information to tailor our content to suit your needs and help our advertisers better understand our audience demographics. We do not share information about individual users with any third party, with the exceptions noted previously.

3.5. Cookies

A cookie is a small data file that certain Web sites write to your hard drive when you visit them. A cookie file can contain information such including a user ID that the site uses to track the pages you've visited. But the only personal information a cookie can contain is information you supply yourself. Opera Mobile Store uses cookies to track the items you add to your shopping card and to enforce security rules regarding software that you download.

If you've set your browser to warn you before accepting cookies, you will receive the warning message with each cookie.

You can refuse cookies by turning them off in your browser.

3.6. Choice

Opera Mobile Store gives users options wherever necessary and practical, such choices include:

• Opting not to receive our electronic newsletters when registering for a site
• Opting not to provide certain personal information when registering for a site or service
• Opting not to participate in certain interactive areas, which completely alleviates the need for any information from our users

For example, if you register with us but do not wish to receive any additional marketing material from us, you can indicate your preference on our registration for. You may also update your preferences at any time by accessing our member information area.

3.7. Links to Other Sites

This privacy statement applies only to information collected by the Opera Mobile Store website. The website contains links to other sites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy policy of such other websites.

3.8. Notification of Changes

If we decide to change our privacy policy, we will post those changes on in this area of our Web site. If there is a material change in our privacy practices, we will indicate on our site that our privacy practices have changed. We will provide the new policy on our web server and will provide a link to the old privacy statement.

Your continued usage of the service will mean you accept those changes.

3.9. Legal Requests

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web Sites.

3.10. Unsubscribe Policy

Users may unsubscribe to any of our electronic newsletters at any time by following the instructions contained at the end of each newsletter.

3.11. How To Contact Us

If you have any questions or suggestions regarding our privacy policy, please contact us at apps-support@opera.com .

4. Indemnification

You agree to release, indemnify, defend and hold harmless Opera, its parent companies, subsidiaries, and affiliates, together with their respective officers, directors, shareholders, contractors, agents, employees, licensors and assigns from and against all liabilities, claims, damages, costs and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with (a) your use of the Site and its Service; (b) your failure to use the Site; (c) your breach or alleged breach of this Agreement; (d) your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties , and (e) the breach by you of your representations and warranties set forth herein.

5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY DOWNLOAD(S), IS SOLELY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OR DOWNLOAD. YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL HAVE NO LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SERVICE, OR ANY PART THEREOF. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT COMPANY'S ENTIRE LIABILITY TO YOU OR ANY THIRD PERSON, AND YOUR OR ANY THIRD PERSON'S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE DURING THE TERM OF THIS AGREEMENT. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, COMPANY, ITS LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF THE SERVICE) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.

6. Intellectual Property Rights

Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Service ("Company Intellectual Property Rights") are owned by Company or its licensors, and you agree to make no claim of interest in or ownership of any such Company Intellectual Property Rights. You acknowledge that no title to the Company Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement.

7.Modification of Terms

Company may from time to time amend, supplement or modify these Terms and will post a copy of such amended Terms on this website. If you do not agree to be bound by (or cannot comply with) the Terms as amended, you agree that your sole remedy is to cease using the Service, or otherwise contacting Company to discontinue the Service as described. Your continued use of the Service constitutes your knowledge and acceptance of this Agreement and any modifications or amendments to any non-price terms of the Agreement, and you expressly consent and agree to be bound by the amended Agreement. For purposes of clarification, your subscription price will not be changed absent your express consent.

8. Miscellaneous Provisions

(a) Notices And Announcements. Except as expressly provided otherwise herein, all notices to Company shall be in writing and delivered via overnight courier or certified mail, return receipt requested to:

Opera Software
1875 South Grant Street, suite #750
San Mateo, California 94402, USA
Attention: Opera Mobile Store Administrator
Our customer service department can be reached at +1 847 380 1551 or apps-support@opera.com.

Company shall serve notices related to this contract by posting them on the Website or by sending them to the postal address or e-mail address you have given to Company or as a text message to your mobile telephone number associated with your account. Notices sent by mail shall be deemed received seven days after they were sent. Notices posted on the Website or sent by e-mail or as a text message shall be deemed received on the weekday following the day when they were posted or sent.

(b) Copyright Notice:

If you are a copyright owner and believe that any materials appearing on the Site has been copied in a way that infringes upon your copyrights, you may submit a notification to Company pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the following information in writing (see 17 U.S.C. 512(c)(3) for further detail) to the Copyright Agent named below:

• Your name, address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• The exact URL or a description reasonably sufficient to permit Company to locate where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Opera Software
1875 South Grant Street, suite #750
San Mateo, California 94402, USA
Attention: Opera Mobile Store Administrator
Email apps-support@opera.com

Upon receipt of the written notification as outlined above, Company will use good faith, reasonable efforts to remove the material that is alleged to be infringing and forward a copy of the written notification to the alleged infringer. The alleged infringer has the right to file a counter-notification by providing the designated agent with the following information: (1) a physical or electronic signature; (2) identification of the material that has been removed the location at which the material appeared before it was removed; (3) a statement under penalty of perjury that he/she has a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed; (4) his/her name, address, and telephone number, and a statement that he/she consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if his/her address is outside of the United States, for any judicial district in which the service provider may be found, and that he/she will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. By this filing, Company seeks to preserve any and all exemptions from liability that may be available under the DMCA or otherwise, but does not necessarily stipulate that it is a service provider as defined in 17 USC § 512c or elsewhere in the law.

(b) Mobile Phone Safety. Company urges you to never use your mobile phone to access the Service/Site or to otherwise send text message messages while operating a car or other motorized vehicle or in any other situation where accessing the Service/Site and/or sending text messages is unsafe, and you expressly agree, as a condition of your use of the Service/Site, that you will not do so. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INJURY, DIRECT OR INDIRECT DAMAGES OR ANY OTHER LOSS THAT YOU MAY SUFFER OR INCUR AS A RESULT OF USING THE SERVICE/SITE WHILE OPERATING A CAR OR OTHER MOTORIZED VEHICLE OR IN ANY OTHER SITUATION WHERE ACCESSING THE SERVICE/SITE IS UNSAFE TO YOU OR ANY THIRD PARTY.

(c) Severability. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

(d) Entire Agreement. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.

(e) Assignment And Resale. Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. You agree not to resell the Service or any portion thereof.

(f) Governing Law; Venue; Class Actions. This Agreement is governed in all respects by and construed in accordance with the laws of the State of California without given effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of California for any resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and, to the extent permitted by law, you further irrevocably waive any right you may have to trial by jury in any such dispute, action, or proceeding. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Company and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Company incurs in seeking such relief.

(g) Waiver. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Company. The remedies of Company under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.

(h) Headings. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

Notice to California Residents

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of this Site is Opera Software located at 1875 South Grant Street, suite #750, San Mateo, California 94402, +1 847 380 1551. To file a complaint regarding the Site or to receive further information regarding use of the Site send a letter to the attention of the Legal Affairs Department at the above address.

Effective Date: April 09, 2012