Terms and Policies

Dissolution

The management of Opplaud LLC has determined it necessary to dissolve the organization in June 2023. Opplaud.com will dissappear sometime thereafter (most likely during or after October 2023, when the domain registration and hosting contract expire).

Privacy Policy

This section was last updated 2023-04-27.

Your web browser sends us information with each request, and that information plus your IP address are stored in our logs as a record of how our site was accessed. We may use this information from time to time to resolve problems, protect against attacks and otherwise improve our website.

We use your IP address to determine and record the city from which you accessed our site, if possible, to provide you with relevant information. We use ipstack for this purpose, subject to the terms and policies on their site. If you or your device grant us permission to use geolocation to determine your location, then we might use that information instead. If you visit our site by following a link from an advertisement or other website, and that link provides different location marketing information, then we might use that information instead.

We set and track cookies to protect against hackers, determine the effectiveness of the content on our site, and to give you a consistent experience. If you sign in, we use a cookie to remember who you are. If you allow us to know your location, we also use a cookie to remember it, so we can provide you with more relevant information. Certain features of The Service depend upon these cookies to function correctly.

We ask for your email address so we can manage your account and communicate with you, and a nickname of your choosing to personalize our communications. To maximize your privacy, we encourage you to use a unique email address or forwarder with The Service, but please be certain to check it regularly, because you never know when we might suggest something that looks like it would interest you!

We use PayPal to process payments for any order that you place with us, subject to their terms. When you place an order, you provide your personal information directly to PayPal through interfaces that they provide, which we include only where necessary.

If you contact us via email, we will only use the information that you provide to improve our service to you or, if directed, terminate your account. Be aware, however, that email is inherently insecure, so you should never mention any sensitive information (such as passwords or credit card numbers) in your message!

Our content may includes links to other web sites, which are not owned, operated or controlled by us. They are not affiliated with us. They have their own business practices and privacy policies. When you follow a link to another site, it might collect different or similar information. We are not responsible for their actions.

Intellectual Property

This section was last updated 2023-04-27.

Opplaud is a registered trademark of Opplaud LLC. Opplaud.com is a trademark of Opplaud LLC.

We use images from Unsplash, FreeImages.com and other sources under their respective licenses.

We use webfonts derived from the typefaces Martel, Montserrat and Redacted under open-source licenses.

We use the Social Flat Rounded Rects SVG social sharing buttons by [Aha-Soft Team], under the Creative Commons (Attribution 3.0 Unported) License.

Terms of Service

This section was last updated 2023-04-27.

The terms “we,” “us,” “our,” “Opplaud” “Opplaud LLC” and “Opplaud.com” refer to Opplaud LLC, a New York State Limited Liability Company. The term “Our Parties” refers to us and our affiliates, agents, consultants, directors, employees, officers, shareholders (LLC Members), sponsors, subsidiaries and other third parties. The term “The Service” refers to the web site, community, recommendation service and any other service offered or provided by us. The terms “you” and “your” refer to any person or organization using The Service, including any person using The Service on behalf of another person or organization. The terms “Terms of Service” and “Agreement” refer interchangeably to this document along with all of our other policies that govern your use of The Service. The term “Content” refers to any ratings, reviews, images, comments, feedback or other text, material or information provided to or available from The Service. The term “Claims” refers to any claims, demands, and damages, direct and consequential, of every kind and nature, known and unknown, now and in the future. The term “Account” refers to any subscription, registration, account or other method for accessing Content from The Service that is not available to visitors or users without a similar method of access.

By using The Service, you signify that you agree to the Terms of Service. This is a legally binding agreement between you and us. If you use The Service on behalf of another person or organization, you agree to the Terms of Service on behalf of that person or organization and represent that you have the necessary authority to bind that person or organization to the Terms of Service. If you are unable or unwilling to agree to the Terms of Service, or any changes to the Terms of Service, you are forbidden from using The Service, and you must discontinue your use of The Service. You may close your account by mail to Opplaud LLC, 244 Fifth Avenue Suite #A269, New York, NY 10001. If you use The Service without agreeing to the Terms of Service, you are committing Theft of Services, and you may be subject to civil and/or criminal prosecution.

You must be at least 18 years old and capable of entering into a legally binding agreement to use The Service, and you represent that you meet these conditions. You must comply with all applicable laws, rules and regulations and you must not violate or infringe the rights of any third party.

By using The Service, you agree we can use the data we collect about you in accordance with our Privacy Policy.

You may not currently use The Service if you are subject to web privacy regulations (such as the European Union General Data Protection Regulation or California Consumer Privacy Act), because we currently lack the resources to guarantee compliance. We apologize for any inconvenience and hope to lift this restriction in the future.

You may not misuse or interfere with The Service or try to access it using a method other than an interactive web browser (such as, but not limited to, Mozilla Firefox, Google Chrome, Microsoft Internet Explorer, Samsung Internet Browser or Apple Safari). You may use The Service only as permitted by law, including applicable export and re-export control laws and regulations. Your use of The Service does not give you ownership of any intellectual property rights in The Service or Content. You may not use Content from The Service, including Content provided by others, unless you obtain permission from us or are otherwise permitted by law. You are forbidden from using any branding or logos used on The Service.

At any time and for any reason, without notice or warning, we may change, suspend or discontinue any aspect of The Service, including the availability of any Content, feature, or data source. We may suspend or stop The Service altogether. We may modify, suspend or stop your access to The Service and/or impose limits on your access to any or all parts of The Service without notice or liability. We may impose charges for accessing all or part of The Service.

Any Account with The Service is for use by a single user only. You are not permitted to share your Account or credentials with any other person or organization.

Unless specifically authorized by us, you are not permitted to create more than one Account with The Service or to access The Service using more than one Account. If you or we close, cancel, terminate or abandon one Account, you may not create a new Account to replace it. Please contact us if you need to update your email address or other Account information and are not able to sign in to do so!

You are not permitted to create an Account using an email address that you create, or is created or provided on your behalf, for the purpose of creating an Account that you use or intend to use to access The Service only one time (often called a “Temporary Email Address,” “Disposable Email Address,” “DEA” or “dark mail”). Note that this does not prohibit you from using a unique email address, alias or sub-address for your Account with us, provided that we can use the address to successfully contact you while your Account remains active. (We take the privacy and security of your Account information very seriously, and know that your use of a unique email address with The Service will prove this to be true!)

Any Content that you provide shall not violate the rights of any other party, including copyrights, trademarks, privacy, publicity or contract rights. We do not claim ownership of your Content and we do not accept responsibility for your Content. You hereby waive any moral rights to your Content and grant us a non-exclusive, irrevocable, perpetual, royalty-free, sublicensable, transferable worldwide right and license to distribute, publish, reproduce, display and/or perform publicly, store, host, use, modify and create derivative works of your Content, and to commercialize and exploit the publicity, trademark, copyright, and database rights you have in your Content.

We do not claim ownership of, or accept responsibility for, Content provided by other users of The Service. Although we reserve the right to take appropriate action regarding any Content, we do not have any obligation to do so, and we do not have any obligation to monitor any user-generated Content.

We are a platform for connecting people with live events, activities and experiences. We do not provide the events, activities or experiences and are in no way connected with the people or parties who do, except those who explicitly contract us to promote them. Attending an event, activity or experience that you discovered through The Service may lead you to unexpected situations. Although we make reasonable efforts not to promote situations that are illegal or unforeseeably dangerous, or those that promote illegal activity, violence or hate of any kind, it may not always be possible for us to determine the true nature of a situation. We have no control over what happens in situations promoted by The Service and we are not responsible for it. You agree to use common sense and good judgment when attending events, activities and experiences that you discover through The Service.

You agree to release Our Parties from Claims arising out of your use of The Service or in any way connected with any transaction or interaction with us or any third party, including but not limited to any event, activity or experience that you discover through The Service and including any Claims based on the negligence of any provider or manager of such situations. To the fullest extent permitted by law, you waive and relinquish all rights and benefits that you have or may have under Section 1542 of the California Civil Code or any similar provision of statutory or non-statutory law of any jurisdiction, as well as any and all rights and benefits that would purport to limit the scope of a release or waiver conferred by any statutory or non-statutory law of any jurisdiction.

You agree to indemnify, defend and hold all of Our Parites harmless from any Claims made by any third party due to or arising out of your use, misuse or abuse of The Service, your Content, your violation of the Terms of Service or any law, statute, regulation or ordinance, or the rights of any third party. You agree to notify us promptly of any third party Claims, to cooperate with all of Our Parties in defending such Claims, and to pay all fees, costs and expenses, including but not limited to attorneys' fees, associated with defending such Claims. You agree not to settle any one or more Claims without first obtaining our written consent. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right then you will help us in our defense.

WE PROVIDE THE SERVICE “AS IS” ON AN “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE AND DISCLAIM ALL WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO STATUTORY AND IMPLIED WARRANTIES OF ACCURACY, AVAILABILITY, CONTENT, FITNESS FOR A PARTICULAR PURPOSE, FUNCTION, MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, RELIABILITY, TIMELINESS, AND SUITABILITY FOR YOUR NEEDS. WE ALSO DISCLAIM ANY WARRANTIES REGARDING ANY CONTENT (INCLUDING ERRORS OR THE CORRECTION OF ERRORS), ADVICE, RESULTS, SERVICE OR GOODS ADVERTISED BY THE SERVICE OR OBTAINED IN CONNECTION WITH YOUR USE OF THE SERVICE. AS PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR YOUR LOST PROFITS, REVENUES, USE OR GOODWILL, FINANCIAL LOSSES, OR FOR CONSEQUENTIAL, EXEMPLARY, INDIRECT, PUNITIVE OR SPECIAL DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE LIABILITY FOR OUR FRAUD, GROSS NEGLIGENCE OR FOR OUR INTENTIONAL, RECKLESS OR MALICIOUS MISCONDUCT. IN NO CASE WE WILL BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

We may modify the Terms of Service at any time. When we do, we will provide notice to you by publishing the revised Terms of Service here. You should review the Terms of Service regularly. If you do not agree to any revised Terms of Service, you must discontinue your use of The Service. If you continue to use The Service after any changes become effective, you agree to the revised Terms of Service.

The Terms of Service define the entire relationship between you and us. They do not create any third party beneficiary rights. They do not create or intend any agency, franchiser-franchisee, joint venture, partnership or employee-employer relationship between you and us. A subscriber, user, visitor or customer of The Service is not our agent or representative, and may not enter into an agreement on our behalf.

You may not assign, transfer or sublicense this Agreement except with our prior written consent. We may assign or transfer this Agreement to any affiliate or subsidiary, or in connection with any corporate reorganization, merger, acquisition, sale, or any similar transaction.

If we do not immediately take action regarding your non-compliance with the Terms of Service, we retain all right to take action in the future.

If a court of competent jurisdiction finds any part of the Terms of Service invalid or unenforceable, you and we agree that the court should endeavor to give effect to the intentions of the parties reflected in that part, and that all remaining Terms of Service shall remain in effect.

The laws of New York, U.S.A., excluding any conflict of laws rules, will apply to any disputes arising out of or relating to the Terms of Service or The Service. All claims arising out of or relating to these terms or The Service will be litigated exclusively in the federal or state courts of Dutchess County, New York, U.S.A., and you and we consent to personal jurisdiction in those courts.

All Terms of Service regarding or affecting (a) its termination, scope and jurisdiction, (b) our privacy policy, disclaimer of warranties, and limitation of liability, (c) your Content license, release, and indemnification, and (d) any provisions affecting these provisions, shall survive the expiration or termination of this Agreement.

Please visit our Contact page for information about how to contact us.

Thank you! We appreciate your participation.

Previous version: 20230427.