End-User License Agreement

Disclaimer

This End-User License Agreement ("EULA") is a legal agreement between Orpiva and you (either an individual or a single entity), the user of Orpiva. By allowing the "I Agree to the terms and conditions of the End User Agreement" box to remain checked, or by installing or using Orpiva, End User agrees to be bound by this Agreement. If you do not agree to this Agreement, then uncheck the "I Accept" box and do not install or use Orpiva. Your use of the Content Offering is subject to the terms of this Agreement. Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the Content Offering. The Content Offering is licensed, not sold. This document might be updated time to time and the current version will be posted on www.orpiva.com/eula

License

Subject to this Agreement and its terms and conditions, Licensor hereby grants you the non-exclusive, non-transferrable, limited right and license to use Orpiva for your personal and non-commercial use only. Your acquired rights are subject compliance with this agreement. The term of your license under this agreement will commence on the date that you first install or otherwise use the software ends on the earlier date of either your disposal of the software or Licensor’s termination of this agreement. The software is being licensed to you and you hereby acknowledge that no title or ownership in the software is being transferred or assigned and this agreement should not be construed as a sale of any rights in the software. All rights not specifically granted under this agreement are reserved by Licensor, as applicable.

The Software and its application

The Orpiva application and its services might be accessible by computers, mobile phones and other devices. The applications offered by Orpiva may also include; links to partner and third party sites, and links to sites made available by the users. Users of Orpiva can take a picture of any kind of interesting outfits and search for a similar kind of product on any stores which are available on the web.

Internet Connection and online accounts

The Software may require an internet connection to access its internet-based features, authenticate the software, or perform other functions. In order for certain features of the software to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid active online account.

Responsibility for Use of Included Content

You are completely responsible for your use of the included content that comes as part of the Software (“Content”). You may only use the Content responsibly, in a manner consistent with the exercise of good judgment. For example, and without limitation, you may not use the Content in any manner that: (i) infringe the copyright, trademark, patent, trade secret, right of publicity or any other right of a third party; (ii) is or may be libelous, defamatory or slanderous; (iii) denigrates or offends any ethnic, racial, sexual or religious group, or persons who are physically or mentally challenged; (iv) is designed to or will harass, threaten, defame or abuse others; (v) exploits images or the likeness of individuals under 18 years of age; or (vi) characterizes any other unlawful activity as acceptable, glamorous or desirable.

Third-Party Intellectual Property

Certain portions of the Content may consist of the copyrights, trademarks, service marks, trade names or other intellectual property of third parties. These portions of the Content are provided for the convenience of certain users of the Software who are expressly authorized to use them by their owners. You may not use any third-party intellectual property without their express authorization. All contents accessed through this application, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is the property of Orpiva or its content suppliers and its respective owners and protected by international copyright laws.

Warranty

Orpiva does not endorse any text, graphics, images, digital files, software or in other format files that may appear on or through the Service and makes no warranties, express or implied, as to their accuracy and reliability. Orpiva expressly disclaims any and all liability in connection with any and all such contents.

Trademarks

Orpiva trademarks and trade dress may not be used in connection with any service that is not Orpiva or in any manner that is likely to cause confusion among general people, or in any manner that disparages or discredits Orpiva. All other trademarks not owned by Orpiva or its subsidiaries that appear while using Orpiva are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Orpiva or its subsidiaries.

Managing your online account

The user of Orpiva are responsible for maintaining the confidentiality of your online account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Orpiva and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Third Party Contents

You may get third party content or link to third party websites while using Orpiva. We do not necessarily endorse or evaluate third party content and websites, and we do not assume responsibility for third parties’ actions or omissions. You should review third parties’ terms of use and privacy policies before you use their services.

Limitation of Liability

Orpiva do not warrant: (1) that this application and it’s any of the services, functions or any content or software contained therein will be uninterrupted or error-free; (2) that defects will be corrected; (3) that this application and its services or the servers hosting them are free of viruses or other harmful code; or (4) that the services or information available through the services will continue to be available. Orpiva disclaims any express or implied warranties, including, without limitation, non-infringement, merchantability, fitness for a particular purpose, and title. The services, including, without limitation, all content, software, and functions made available on or accessed through or sent from the services, are provided “as is,” “as available,” and “with all faults.” If your use of any content is in an illegal manner then Orpiva will not be liable to you or anyone else for any loss or damages of any kind (including, without limitation, for any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages) in connection with this application and its services.

Risk of Loss

Your access and use of the software is at your risk. If you are dissatisfied with the services or any of the content, your sole and exclusive remedy is to discontinue accessing and using Orpiva. You acknowledge and agree that if you incur any damages that arise out of by using Orpiva acts or omissions, the damages, if any, are not irreparable and are not sufficient to entitle you to an injunction or other equitable relief restricting exploitation of any website, property, product, program, television show, motion picture, or other audio/visual content owned or controlled by Orpiva, including without limitation the services (including those incorporating user submissions).

Indemnity

Users of the software hereby undertake to indemnify, defend and hold Licensor, its partners, licensors, affiliates, contractors, officers, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Software pursuant to the terms of the agreement.

Applicable Law

By using Orpiva, you agree that the laws of your local state/country will be on course and will govern these Conditions of Use and any dispute of any sort that might arise between you and Orpiva.

Termination

These terms of use are effective shall be effective on from date you first use, Orpiva and shall continue in effect until terminated until terminated by either you or us. You may terminate these terms of use at any time by discontinuing use of Orpiva and destroying all materials obtained and all related documentation and all copies and installations thereof, whether made under these terms of use or otherwise. We may immediately terminate these terms of use with respect to you (including your access) in our absolute discretion including, without limitation, if you breach or fail to comply with any material term or provision of these terms of use. Upon termination, you must cease use of the Sites and destroy all materials obtained from the Sites and all copies thereof, whether made under these terms of use or otherwise. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. Any fraudulent, abusive or otherwise illegal activity may also be grounds for termination of your account, at our sole discretion, and you may be reported to appropriate law-enforcement agencies.

Entire Agreement

This agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both the parties. If any provision of this agreement is held to be unenforceable for any reason, such provisions shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this agreement shall not be affected.

Our commitment to Privacy Policy

Your privacy is important to us. We are committed to safeguarding the privacy of our users. The following policy explains how we deal with the information collected from you, your personal information and options available to you in regard to the policies followed by us.

Collection of your personal information

We use your personal information to facilitate the services you request. We use your personal information in the file we maintain about you, and other information we obtain from your current and past activities on the Site to: resolve disputes; troubleshoot problems; help promote safe trading; measure consumer interest in our services, inform you about online and offline offers, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our User Agreement; and as otherwise described to you at the time of collection. At times, we may look across multiple users to identify problems or resolve disputes, and in particular we may examine your personal information to identify users using multiple User IDs or aliases. We may compare and review your personal information for errors, omissions and for accuracy. You agree that we may use personal information about you to improve our marketing and promotional efforts, to analyze site usage, improve our content and product offerings, and customize the Site's content, layout, and services. These uses improve the Site and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the Site. You agree that we may use your personal information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Site. By accepting the User Agreement and Privacy Policy, you expressly agree to receive this information. Furthermore, you agree to the fact that the data stored in our server might not be in the UK or even in the EU region. We will not share, sell, or trade this information to third parties in ways different from what is disclosed in this Privacy Policy. We may collect, store and use the following kinds of data/information:

  • Information such as your User name, password, IP addresses, geographical location, Pictures, your Items of desire browser type, referral source, length of visit and number of page views;
  • Information relating to any downloads carried out by you.

Security of your personal data

We will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information. We will do our best to anonymize all data, but we cannot guarantee. Particularly we want to allow "targeted ads" to a specific age / gender group etc.

Control of Your Password

You are responsible for all actions taken with your User ID and password. Therefore, we do not recommend that you disclose your (ACCOUNT) password to any third parties. If you choose to share your User ID and password or your personal information with third parties, you are responsible for all actions taken with your account and therefore you should review that third party's privacy policy. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf.

Cookies

We use cookies (including flash cookies). A cookie is a text file sent by a web server to a web browser, and stored by the browser. The text file is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser. We may send a cookie which may be stored by your browser on your device. Therefore, we may collect your mobile device information, device type, usage patterns etc. Again, there might be third party cookies which underlay different terms of services.

Advertisers

We aggregate (gather up data across all user accounts) personal information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to identify you personally. Certain information, such as your name, password, credit card number, and bank account number, are not disclosed to these third parties in a personally identifiable manner without your explicit consent.

Updating information

Please let us know if the personal information which we hold about you needs to be corrected or updated. The same will be corrected/updated within a reasonable time.

Notice

We may amend this Privacy Policy at any time by posting the amend terms on our Site. All amended terms shall automatically be effective 30 days after they are initially posted on the Site.

Contact

If you have any questions about this privacy policy or our treatment of your personal data, please send email to us at hello@orpiva.com.