Terms of Service

Last updated: 18 November 2016

The following terms and conditions govern all use of Colibri website (colibri.opqr.co), content, services, and products (taken together, our Services) operated by OPQR (“us”, “we”, or “our”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Colibri Privacy Policy) and procedures that may be published from time to time by OPQR (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by OPQR, acceptance is expressly limited to these terms.

Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.

Use of our Services requires a Colibri Account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

1. Your Colibri Account

If you create a Colbiri Account, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify OPQR of any unauthorized uses of your account, or any other breaches of security. OPQR will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Users

OPQR has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, OPQR does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. OPQR disclaims any responsibility for any harm resulting from the use by users of our Services, or from any downloading by those users of content there posted.

3. Copyright Infringement

As OPQR asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by our Services violates your copyright, you are encouraged to notify OPQR. OPQR will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Automattic will terminate a user’s access to and use of the Services if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of OPQR or others. In the case of such termination, OPQR will have no obligation to provide a refund of any amounts previously paid to OPQR.

4. Intellectual Property

This Agreement does not transfer from OPQR to you any OPQR or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with OPQR. Your use of our Services grants you no right or license to reproduce or otherwise use any OPQR or third-party trademarks.

5. Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

6. Termination

OPQR may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Colibri Account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

7. Disclaimer of Warranties

Our Services are provided “as is.” OPQR and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither OPQR nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

8. Limitation of Liability

In no event will OPQR, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to OPQR under this agreement during the twelve (12) month period prior to the cause of action. OPQR shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

9. General Representation and Warranty

You represent and warrant that (i) your use of our Services will be in strict accordance with the Colibri Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

10. Indemnification

You agree to indemnify and hold harmless OPQR, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.