Operation Reality™ Terms of Service

1. Relationship

1.1 Your usage of Operation Reality and its owner(s) products, services, software and websites (together simply referred to as "Services" in this document with exception to services provided to you by Operation Reality under a separate written agreement) is subject to the terms of a legal agreement between you and Operation Reality. Operation Reality is also known as OpReal, both names are viable and interchangeable but we will simply use Operation Reality in this document. This document defines what this agreement consists of and sets terms to this agreement.

1.2 Your agreement with Operation Reality will always include the terms and conditions laid out in this document unless explicitly agreed otherwise in writing. These terms are referred to as the "General Terms".

1.3 Your agreement with Operation Reality will also in addition to the General terms include the terms of any additional Legal Notices applicable to specific Services. These terms are referred to as "Supplementary Terms" and should they apply they will be available to read within or provided alongside that Service.

1.4 The General Terms combined with the Supplementary Terms establish a legally binding agreement between you and Operation Reality regarding the use of our Services.

1.5 Should there be any conflicts between the Supplementary Terms of a specific Service and the General Terms the Supplementary Terms will take precedence on the specified provisions purely in relation to that specific Service.

2. Acceptance of the Terms

2.1 By using our Services you are agreeing to the Terms of Service. You may not use our Services if you do not accept or agree with the Terms.

2.2 You accept the General Terms and any Supplemental Terms by actually using the Services and you understand that Operation Reality will treat your use of the Services according to the Terms from that point on (such as simply visiting the website). You also accept the General Terms and any Supplemental terms where the options to click accept or agree to the Terms is made available to you by Operation Reality through the user interface of any Service.

2.3 You are not authorized to use the Services or accept the Terms if you are not of legal age to form a binding contract with Operation Reality or if you are a person banned from receiving the Services under the laws of the European Union or the country in which you are a resident or from where you are using the Services.

3. Provision of the Services by Operation Reality

3.1 Where and when directly specified via written notice by Operation Reality we either have or will have subsidiaries and affiliated entities around the world which we refer to as official Subsidiaries and Affiliates. At times it may turn out that these companies or entities will provide the Services to you on behalf of Operation Reality itself. You acknowledge and agree that officially authorized subsidiaries and affiliates are entitled to provide Services to you. If unclear, please make sure to contact Operation Reality directly to confirm if a certain subsidiary or affiliate is officially sanctioned by Operation Reality and authorized to provide Services on our behalf.

3.2 Operation Reality is not responsible nor will it be held liable in any way shape or form for any external party's illegally or without our knowledge committing copyright or trademark infringement against Operation Reality in order to pass themselves off as if affiliated or endorsed by Operation Reality. You agree that it is your responsibility to check with Operation Reality if a subsidiary or affiliate is officially sanctioned by us even though we strive to do our best to make this as clear as possible and take legal action against all imposters and infringers.

3.3 Operation Reality innovates, changes and updates Services in order to try and provide the best possible experience for its users. You acknowledge and agree that the type and nature of the Services provided may change or evolve over time without any prior notice to you.

3.4 You acknowledge and agree that as part of Operation Reality's innovation and evolution of its Services we may at any time stop (permanently or temporarily) providing the Services or any features of the Services without any prior notice to you.

3.5 You acknowledge and agree that if Operation Reality disables access to your account(s) you may be prevented from accessing the Services, your account(s) details, data, files or any other content which is contained or associated to your account.

3.6 You acknowledge and agree that Operation Reality reserves the right and sole discretion to set technical limits of usage of any of its Services at any time.

4. Your usage of the Services

4.1 In order to use and access certain Services you may be required to provide information about yourself such as contact or identification details. You agree that any information you provide Operation Reality will always be accurate, correct and up to date.

4.2 You explicitly agree to use the Services for purposes only that are permitted by the Terms. You also agree to use the Services solely for purposes that are legally permissible under any applicable law, regulation or generally accepted practices in the relevant legal jurisdiction.

4.3 Unless explicitly permitted through a separate written agreement with Operation Reality, you agree not to access or attempt to access any of the Services by any means other than through the interface provided by Operation Reality.

4.4 You agree that you will not partake whether directly or indirectly in any activity that interferes with or disrupts the Services or the officially sanctioned employees, servers and networks which are connected to the Services.

4.5 Unless explicitly permitted through a separate written agreement with Operation Reality, you agree that will not copy, duplicate, reproduce, sell, resell or trade the Services (including any intellectual property contained in the Services) for any purpose.

4.6 You agree that you are solely responsible and that Operation Reality has no responsibility nor will it be held liable to you or any third party for any breach of your obligations under the Terms or for any consequences of any such breach (including any losses or damages Operation Reality may suffer).

5. Account security and passwords

5.1 You acknowledge and agree that solely you are responsible for maintaining the confidentiality of any password(s) associated with any account(s) you use to access the Services.

5.2 You agree that solely you will be responsible to Operation Reality for all activities that occur through your account.

5.3 Should you be aware or become suspicious of any unauthorized use of your password or account for any reason you agree to contact and notify Operation Reality immediately.

6. Privacy and personal information

6.1 For information on Operation Reality's privacy and data protection practices please read our privacy policy by clicking here.

6.3 You acknowledge and agree to use your data and personal information in accordance with Operation Reality's privacy policy.

7. Content

7.1 You recognize that all information such as data, files, written text, photographs, videos, software, music, audio, sounds, and other forms of imagery which you may have access to through your use of the Services are the sole responsibility of the person or entity from which such content originated. All such information is referred to below as the "Content".

7.2 You recognize that Content presented as part of the Services including but not limited to advertisements in the Services may be protected by copyright and trademark rights owned by external persons who may in some cases be affiliated and in other cases may not be affiliated with Operation Reality. You agree to adhere to any and all intellectual property rights associated with any of this Content unless explicitly permitted to do otherwise by Operation Reality or the legal owners of that Content in a separate agreement.

7.3 You acknowledge and agree that Operation Reality reserves the right to remove any Content violating intellectual property rights from the Services at any time either on its own volition or at the request of the legal copyright or trademark owner.

7.4 You acknowledge and agree that Operation Reality reserves the right (but is under no obligation) to pre-screen, review, flag, filter, modify, repudiate or remove any or all Content from any of its Services. You also acknowledge and agree that Operation Reality may provide, encourage or allow tools (including commercially available services) for users to filter out or limit access to content they find objectionable but is under no obligation to do so.

7.5 You acknowledge and agree that by using the Services you may be exposed to Content that you may find offensive, indecent, objectionable or infringing, you therefore agree that you use the Services at your own risk and that Operation Reality shall not be held liable in any way shape or form regarding the content you may come across either directly or indirectly through the Services.

7.6 You agree that you are solely responsible (and that Operation Reality has no responsibility to you or any third party) for any Content that you create, publish, post, transmit or display using the Services and for the consequences of your actions (including any loss or damage which Operation Reality may suffer) by doing so.

8. Proprietary rights

8.1 You acknowledge and agree that Operation Reality (or Operation Reality's licensors where applicable) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist within the Services (whether those rights happen to be registered or not, and wherever in the world those right may exist). You also acknowledge and agree that the Services may contain information designated as confidential by Operation Reality and that you shall not disclose or reproduce this information in any way shape or form without Operation Reality's explicit prior written consent.

8.2 You acknowledge and agree that unless otherwise explicitly permitted in writing by Operation Reality nothing in the Terms gives you a right to use any of Operation Reality trade names, trademarks, service marks, logos, domain names, and any other distinctive brand features whether they be registered or not.

8.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Operation Reality then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms and Operation Reality's brand feature use guidelines.

8.4 As per the limited license set forth in section 10, Operation Reality acknowledges and agrees that in some cases it only obtains limited rights, title or interest from you (or your licensors) to any Content that you submit, post, transmit or display on or through the Services, including any intellectual property rights that subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless otherwise explicitly agreed in writing with Operation Reality, you acknowledge and agree that you solely are responsible for protecting and enforcing those rights and that Operation Reality has no obligation to do so on your behalf.

8.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be attached to or contained in the Services.

8.6 You acknowledge and agree that unless explicitly and directly authorised to do so in a written agreement with Operation Reality that in using the Services (either directly or indirectly) you will not use (or partake in the use of) any service mark, trademark, trade name, logo of any company or organization (including but not limited to Operation Reality) in a way that is likely or intended to pass off or cause confusion about the owner or authorised user of such marks, names or logos.

9. License from Operation Reality

9.1 Operation Reality gives you a solely and exclusively individually singular personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software to access the Content and intellectual property provided to you by Operation Reality as part of the Services as offered by Operation Reality (referred to as the "Software" below). This license is solely and exclusively for the purpose of allowing you individually to personally use and access the Services in the manner permitted by the Terms.

9.2 You may not directly or indirectly nor may you permit or encourage anyone else to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or the Content of any part thereof, unless this is categorically permitted by the individual software or Content's sub-license or required by law, or unless you have explicit written consent from Operation Reality to do so.

10. Licensing of your Content to Operation Reality

10.1 You acknowledge and agree that you retain only the limited minimum base legal copyright and other associated rights (for example the right of attribution) you already hold or are legally unable to waive if you are the exclusive original creator of non-derivative works of original Content you publish, post, submit or display on or through the Services. By publishing, posting, submitting or displaying the content you expressly and explicitly give Operation Reality a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you post, submit or display on or through the Services. This license is for the purpose of enabling Operation Reality to display, distribute and promote the Services and may be retracted for some Services if defined by the Supplementary Terms of those specific Services.

10.2 You acknowledge and agree that this license includes the right for Operation Reality to make such Content available to other companies, organizations, or individuals with whom Operation Reality has legitimate or legal relations without prior notice to you.

10.3 You acknowledge and agree that Operation Reality may transmit or distribute your Content over various public or private networks and in various media and make any necessary changes to your Content in order to make that Content meet the individual technical requirements of any specific third party networks or services. You agree that this license expressively permits Operation Reality to take these actions.

10.4 You explicitly and expressly confirm, warrant and affirm that you have all the legal rights, power and authority necessary to grant the above license to Operation Reality.

11. Communication of updates

11.1 You acknowledge and agree that the Services you use directly associated or connected to Operation Reality (whether they be directly or indirectly controlled by Operation Reality) may from time to time send out communication notices and updates (such as emails or posts to your personal Social Network feeds) designed to inform, notify, improve and further enhance the provision of the Services (including but not limited to updates to the Terms). You agree to receive such updates and permit Operation Reality and its officially sanctioned and permitted associates to deliver these to you. If you are unsure if an associate is officially sanctioned to do so it is your responsibility to contact us immediately.

12. Ending your relationship with Operation Reality

12.1 The Terms will continue to apply until expressly terminated by either you or Operation Reality as set out below.

12.2 You may terminate your legal agreement with Operation Reality by clearly and explicitly notifying a request to Operation Reality in writing at any time by contacting us.

12.3 You acknowledge and agree that once Operation Reality has received a notification request of termination of your relationship to our Services due to technical and human resource reasons Operation Reality will at its own sole discretion be entitled to implement and enforce a reasonable timeline for acceptance of the termination of the agreement to take effect from a technical perspective in relation to the Services.

12.4 You acknowledge and agree that Operation Reality in some cases may also request confirmation of termination notifications by taking certain steps to confirm to the best of its ability the legal identity of the person requesting the termination of the agreement to avoid fraudulent requests of termination. You also agree that Operation Reality is under no obligation to directly itself confirm the identity of the person and the responsibility of proving your identity in order to initiate acceptance of termination is solely your responsibility.

12.5 Operation Reality may at any time terminate its legal agreement with you including but not limited to the following reasons: (1) you have breached any provision of the Terms or have acted in a manner which demonstrates you have no intention or are not capable of fully complying with the Terms (2) Operation Reality is required to do so by law (3) the officially sanctioned associate or partner with whom Operation Reality offered you the Services has terminated its relationship with Operation Reality or ceased to offer the services to either you or Operation Reality (4) Operation Reality is transitioning or evolving the Services (5) the delivery of the Services to you by Operation Reality is no longer commercially or personally practical or viable (6) you have infringed or violated Operation Reality or its legal owners, partners, associates or users legal rights (7) you have been deemed to have engaged or have demonstrated the intention to engage in direct or indirect behavior to undermine, infringe or damage Operation Reality's brand and Services or to mislead and deceive any of its partners, employees, users or customers.

12.6 Nothing in this section shall override or affect Operation Reality's rights to regarding the provision of services under section 3 of the Terms.

12.7 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Operation Reality have gained from, been subject to or which have accrued over time whilst the Terms have been in effect, or which are stated to continue indefinitely, shall be and remain unaffected by this cessation and the conditions shall continue to apply to such rights, obligations and liabilities indefinitely.

13. Refusal of Warranties

13.1 The Services are provided "as is" and Operation Reality, its officially sanctioned Subsidiaries and Affiliates, and any of its licensors give you no warranty with regards to them.

13.2 You acknowledge and agree that Operation Reality, its officially sanctioned Subsidiaries and Affiliates and licensors do not signify or warrant to you that (but not limited to) (1) your use of the Services will meet your requirements (2) any information, data or Content that you obtain or are exposed to as a result of your use of the Services will be accurate or reliable (3) your use of the Services will be uninterrupted, timely, secure or free from error (3) that any defects or errors in the operation, functionality, presentation or distribution of any Software, Services, or Content to you as part of the Services will be corrected or updated.

13.3 No warranties, conditions or any other terms whether implied, insinuated or described apply to the Services aside from those that are expressly laid out and communicated in the Terms.

14. Liability Limitations

14.1 You acknowledge, understand and expressly agree that Operation Reality and its officially sanctioned Subsidiaries and Affiliates shall not be liable to you for (including but not limited to) (1) any indirect or consequential losses which may be incurred by you. This includes any loss of profit (whether directly or indirectly), any loss of personal or business reputation or favor, or any loss of data or information by you (2) any loss or damage which may be incurred as a result of any reliance placed by you on the completeness, accuracy or existence of any information or Content (including advertisements) which appears on the Services (3) any loss or damage which may be incurred as a result of any changes that Operation Reality may make to the Services or for any permanent or temporary interruption or termination in the delivery of the Services (or any features within) (4) any loss or damage incurred as a result of the deletion, corruption, or failure to store any Content and communications data maintained or transmitted by or through your use of the Services (5) any loss or damage incurred as a result of your failure to provide Operation Reality with accurate account information (6) any loss or damage incurred as a result of your failure to keep your password or account details secure or confidential (7) any loss or damage or compromise of data incurred as a result of an unauthorized security breach or comprising of any of Operation Reality or its officially sanctioned Subsidiaries and Affiliates, and partners and employees hardware or software systems.

14.2 The constraints and limitations on Operation Reality's liability to you (including but not limited to) those listed in the above paragraph section 14.1 shall apply regardless of whether Operation Reality has been advised of, made aware of, or should have been aware of the possibility of any such losses or damages arising or being incurred.

15. Copyright and trademark guidelines

15.1 Operation Reality responds to notices of alleged copyright and trademark infringement that comply with applicable international intellectual property laws.

15.2 Operation Reality reserves the full right to enforce, restrict and sanction infringing Content and accounts engaged in infringement on the Services as per the requirements of the legal intellectual property owners who contact us.

16. Other content and Advertisements

16.1 Some of the Services are in small part financially subsidized by advertising and may display advertisements and promotions not related to Operation Reality. You acknowledge and agree that Operation Reality may not able to control or monitor nor will it be held liable for any losses or damages incurred by the content or information of those advertisements controlled by third party entities.

16.2 You acknowledge and agree that the method, type and scope of advertising on the Services are subject to change without any notice to you.

16.3 You agree that in exchange for your access to use the Services Operation Reality may place such advertising at its own discretion on the Services.

16.4 You acknowledge and agree that the Services may include hyperlinks and embeddable web components to other completely unaffiliated third party web sites or resources or content. You acknowledge that Operation Reality have no control, input or ability to monitor the content of such third party web sites or resources which are provided by companies or persons other than Operation Reality.

16.5 You acknowledge and agree that Operation Reality is not responsible or able to endorse or control the availability of any such external sites or resources or any content, products, advertising, links, or materials made available through such web sites or resources.

16.6 You acknowledge and agree that Operation Reality is not liable nor will it be held responsible in any way shape or form for any loss or damage incurred by any person or company as a result of the availability of those external sites or resources, or as a reliance placed by you on the accuracy, completeness, or existence of any of the content, advertising, products or other materials on or available from such web sites or resources.

17. Modifications to the Terms

17.1 You acknowledge and agree that Operation Reality may make changes to the General Terms or Supplementary Terms of any Services from time to time.

17.2 You recognize, acknowledge and agree that if you use the Services after the date on which the General Terms of the Supplementary Terms have changed, Operation Reality will treat your use as a full and unconditional acceptance of the updated General Terms or Additional Terms.

18. Universal legal terms

18.1 At times when you use the Services, you may use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of the other services, software or goods may be subject to terms between you and the company or person involved. If so the Terms do not affect your legal relationship with the other companies or persons.

18.2 The Terms constitute a full legal agreement between you and Operation Reality and regulate your use of the Services excluding either partly or wholly depending on a specifically outlined case in writing any services with Operation Reality which may be provided to you explicitly under a separate written agreement.

18.3 The terms completely replace any prior agreements between you and Operation Reality in relation to the Services.

18.4 You acknowledge and agree that if Operation Reality does not exercise or any legal right or resolution contained in the Terms or otherwise stipulated to which Operation Reality has the allowance of under any applicable law, this will not be considered to be a formal waiver or Operation Reality's rights and that those rights or resolutions will remain available to Operation Reality.

18.5 If any valid and legally sanctioned court of law having the jurisdiction to determine on any of these matters rules that any provision of these Terms is invalid or requires a complete reformulating then that specific provision will be removed without affecting the rest of the Terms. All remaining provisions of the Terms will remain valid and legally enforceable.

18.6 You acknowledge and agree that each member of the organization of officially sanctioned companies or officially sanctioned individuals and employees of which Operation Reality is the parent shall be third party beneficiaries to the Terms and if officially sanction is granted via express written agreement from Operation Reality that these third party beneficiaries shall be entitled to enforce and rely upon any provisions of the Terms which bestows a benefit or rights in their favor. Unless expressively given written approval by Operation Reality no other person or company shall be third party beneficiaries to the Terms.

18.7 The Terms, and your relationship with Operation Reality under the Terms shall be governed by European law, French civil law, or Canadian common law. You and Operation Reality agree to submit upon prior written agreement from Operation Reality depending on the matter at hand to the exclusive jurisdiction of the relevant courts of the European Union, France or Canada in order to resolve any legal matter arising from the Terms. Despite this, you agree that Operation Reality and any officially sanctioned (via explicit written agreement from the parent Operation Reality) partners, subsidiaries and affiliates or officially sanctioned employees be allowed to apply for injunctive resolutions (or any equivalent type of urgent legal resolution) in any jurisdiction in the world at any time.

QUESTIONS

If you feel that your enquiry has not been satisfactorily addressed we would like to hear from you without hesitation. If you have questions please contact us.

Effective Date: January 24, 2011