TERMS AND RULES OF USING OPINIAN

Terms of use

1. Introduction

The www.opinian.com website (hereinafter: Opinian.com) is owned by Opinian, an advertising and market research trade (hereinafter: Opinian). For the period of using the Opinian.com website, the listed Rules and Terms of Use are applied, alongside all existing and applicable laws. Opinian.com reserves the right to change the Rules and Terms of Use at any moment and without prior notifications. The changes apply as of the moment of announcement. In case of the invalidity of certain stipulations of these Rules and Terms of Use, it does not imply the invalidity of all Rules and Terms of Use.

2. Ways of using Opinian.com

Opinian.com is a social internet site which enables its users to create profiles of items and allows them and other users to rate these items, share opinions on them and add audio, video and other contents related to them. Opinian.com will organize and display material added by the third party. An item can be any thing that surrounds us. Users also create their profiles that contain basic information on them and a list of their activities on Opinian.com.

The services of Opinian.com are intended exclusively for personal, non-commercial use of users who close a special contract with Opinian.

Advertisements that may appear on Opinian.com belong to advertisers who are given permission to advertise by Opinian.com. Information contained in these advertisements will be made available to users on Opinian.com or other internet sites linked to the advertisers or Opinian.com. Commercial advertising and similar contents will be removed from the item or user profile without prior notice and may result in terminating user rights. Regardless of the content you have added to Opinian.com, you agree that Opinian can allow advertising of any kind on Opinian.com linked to the content you’ve added and you relinquish any right to object to such advertising. Furthermore, you agree that your activities will not harm, diminish or influence such advertising.

It is forbidden to use Opinian.com in any illegal and/or unauthorized way, especially collecting user data and/or user e-mail addresses and using them in this manner. Any illegal or unauthorized use of Opinian.com will be subjected to adequate legal measures.

3. User accounts

A personal account is an account for your personal, non-commercial use only, and may be used to submit and post reviews, ratings and other user contents. We would like you to provide complete and accurate information about yourself in order to bolster your credibility as a contributor to Opinian.com, though you are allowed to provide information that does not make you personally identifiable. You are not allowed to impersonate someone else, provide an email address other than your own, or create multiple personal accounts.

A business account is an account for use on Opinian.com as a representative of a business that is listed on the site. In creating or updating a business account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent. You may not provide an email address that is not your own or create multiple business accounts for the same business.

4. Contents and adding user contents

Opinian.com is not responsible for any material submitted by you. The users of Opinian.com agree to carefully select the information they publish and enable other users of Opinian.com to see. Every user is independently responsible for the content they publish on Opinian.com and, should they break any stipulation of the Rules and Terms of Use or existing laws, they may be held legally and otherwise liable.

Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by Opinian.com. Opinian.com reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to:

4.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;

4.2 publish, post, distribute or disseminate any obscene, indecent contents, explicit violence or harassment, nudity, sexually explicit or other inappropriate contents;

4.3 post or upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of Opinian's and/or a third party's computer system and/or network;

4.4 violate any copyright, trade mark, other applicable Croatian or international laws or intellectual property rights of Opinian or any other third party;

4.5 submit contents containing marketing or promotional material which is intended to solicit business;

4.6 use Opinian.com for keyword spamming (tags, item names, other user contents) in order to manipulate search results.

Despite these limitations, it may happen that the information given by the user of Opinian.com contains inaccurate, inappropriate, offensive or sexually explicit materials, products or services for which Opinian.com excludes itself of any responsibility up to the maximum legal measures.

Please, contact us and notify us of any such use of the Opinian.com site (report@opinian.com).

5. Other restrictions

You are strictly forbidden to:

1. reverse engineer any portion of the website;

2. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index Opinian.com or any of its content;

3. access, retrieve or index Opinian.com to construct or populate a searchable database of reviews, rating and other contents – data accessed by the Opinian API (Application Program Interface) may not be stored.

6. Trade Marks

The trade marks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered trade marks of Opinian. Nothing contained on this website should be construed as granting any license or right to use any trade mark without the prior written permission of Opinian.

7. Use and protection of data

By using Opinian.com, you assume responsibility for the data you publish. It is strictly forbidden to abuse other people’s identity in any way, as well as to falsely impersonate which may lead to the obstruction of the third party’s rights. People under the age of 14 are not allowed to use Opinian.com.

Opinian.com is doing all it can to protect the privacy of personal data pursuant to the Personal Data Protection Act, and the personal data will be used solely for the purpose that is in accordance with these Rules and Terms of Use. By using Opinian.com, you agree that the data/information you have submitted are available to everyone that might be interested in them, pursuant to these Rules and Terms of Use.

Opinian.com is obligated not to make your personal data available to any third party that is not intended to handle it, except when Opinian.com is legally obligated to do so in order to act in accordance with the Rules and Terms of Use, or protect its rights or the safety and public rights of other users that might be obstructed. Opinian.com reserves the right to forward the personal data to a potential legal successor or a legal entity to which it would transfer all its rights and commitments.

Opinian.com is doing all it can to protect user accounts. The access to user accounts is given only to those employees and users of Opinian.com who need it to perform tasks related to Opinian.com. Opinian.com user accounts are protected by passwords created by users themselves, and they are coded into a data base. Opinian.com is taking all reasonable measures to protect the user data saved in its bases. Beyond everything that has been mentioned, Opinian.com cannot guarantee the safety of user data that might be compromised due to an unauthorized access or use by the third party, or due to problems with the system and/or similar factors that might at any time compromise the safety of user data, and which Opinian.com could not have influenced.

8. Copyright protection

The data on Opinian.com are protected by the Copyrights Act. The data can be used only in the way described in the Rules and Terms of Use. Using the data for other purposes, as well as copying, transcribing, distributing data without authorization is against the Copyrights Act and liable to legal penalties. Opinian.com excludes itself of all responsibility and/or participation in potential legal disputes regarding the compromising and protection of the copyrights of Opinian.com users.

The copyrights include or may include texts and any type of text form, pictures and all types of graphical displays. The users and third parties are forbidden to place, change or in any way reproduce copyright materials, trademarks or other intellectual property without a written explicit consent of the rightful claimant. Opinian.com will, upon submitting authentic data on the obstruction by the rightful claimant or their legal representative, cancel membership to each user who repeatedly compromises the copyrights of others.

Without limiting to what has been mentioned, everyone who believes that their protected right had been copied or used in a way that threatens that right is obligated to submit to Opinian.com a description of the authors’ work claimed to be compromised, any valid proof that they are entitled to handle the authors’ work, be it as its author or author representative, the description of the location of the authors’ work in question on Opinian.com, and contact information, and Opinian will take all the necessary and possible action to stop the further breaking of your copyrights as soon as possible.

By placing Materials (texts, files, photos, pictures, video clips, sounds, pieces of music, other authors’ works or any other material on Opinian.com) you keep your copyright to Materials and the right to use the Materials any way you like. Placing the Materials on Opinian.com does not give Opinian.com copyright to it, but it gives Opinian.com an unlimited right to use, adapt or remake, publicly perform, publish, reproduce and distribute the Materials on Opinian.com. Without your permission, Opinian.com would not be able to provide services it is intended to provide and fulfill its purpose. This does not grant Opinian.com the right to sell or distribute the Material outside Opinian.com. The permission you give Opinian.com is limited and free of charge. The right of Opinian.com described above will cease after you make a request for the removal of the Material from Opinian.com.

Opinian.com is not obligated to retain or provide you with copies of your content, nor does it guarantee any confidentiality regarding your content.

You agree under material and criminal liability: (1) to be the intellectual property owner of the Material you place on Opinian.com; (2) that the placing of the Material on Opinian.com does not interfere with contract rights, copyrights, other intellectual property rights or any third party rights; (3) to settle damage claims that might be caused by your misuse of the aforementioned rights or the third party.

9. The blocking out of users, compensating damages

Opinian.com reserves the right to block out a user who in any way breaks the Rules and Terms of Use, obstructs the site or infringes on other users’ rights. Opinian.com reserves the right to block out users who misuse published data or in any way use Opinian.com without authorization. Should you be banned from Opinian.com, Opinian reserves the right to continue using the material you have placed on Opinian.com. Along with blocking out users, Opinian.com can demand a compensation of damages or lost profit.

10. Guarantee

Opinian.com doesn't guarantee:

  • the accuracy, completeness and truthfulness of contents that users enter on the Opinian.com pages,
  • that the pages won't contain mistakes and/or that they will function without interruption at any moment,
  • that the third party will legally use Opinian.com all the time.

11. Responsibility

Opinian.com excludes itself, up to the maximum legal measure, of all responsibility for damages, losses and injuries that may arise directly or indirectly due to:

  • using the Opinian.com website,
  • using sites to which Opinian.com contains links,
  • information on the Opinian.com website,
  • actions that have been taken or have not been taken regarding the information on the Opinian.com website,
  • the use, inability to use or misuse of any of the abovementioned sites.

Opinian.com cannot be held liable for any content displayed on the pages of the third party to which it may allow occasional approach. Any such approach cannot be interpreted as a connection to Opinian.com, or as a support to such pages provided by Opinian.com. Opinian.com may contain links to other sites, but is not responsible for the services or products which were reached through Opinian.com in that way.

Opinian.com may occasionally be inaccessible due to various technical difficulties.

Opinian.com is not responsible for any legal process or complaint against a user based on the compromising of any copyright or an intellectual ownership right.

By using Opinian.com contents, such as groups, messages, pictures etc., you are voluntarily and publicly posting information that become available to third parties, and which the third parties can use to communicate with you. You thereby agree that, using Opinian.com, you become responsible for the interaction with other users of Opinian.com. Opinian.com reserves this right, but is not obligated to monitor the discussions among yourself and other users.

12. Court jurisdiction

The competent court in Zagreb, Croatia is responsible for all the demands and legal disputes that may arise from using the matter in dispute.

Opinian reserves the right to change the contents of the Opinian.com website without prior notice at any time, in any way and for any reason, and it is not responsible for any possible consequences that can come out of such changes. Furthermore, Opinian can in any moment change or update these, currently valid Rules and Terms of Use, and replace them with new ones. Opinian commits to notify all users of Opinian.com by e-mail or by publishing news on Opinian.com websites.

By using Opinian.com the user acknowledges to have read the Rules and Terms of Use of Opinian and that they accept it in its entirety.

In Zagreb, Croatia, May 2009
Opinian, advertising and market research trade

Site Rules

 

Opinian is an online community designed to allow its visitors to find and share opinions on a broad variety of topics. In order to encourage an environment conducive to the good faith exchange of ideas and opinions, a number of common sense guidelines have been created. The following behaviors are off limits:

  1. Cheating.  This includes creating more than one account, attempting to artificially inflate the rating or ranking of a particular item, attempting to artificially inflate the number of votes associated with your reviews, or any other behavior designed to manipulate a rating, ranking, or score.
  2. Extreme low quality.  Please write opinions that are of some quality. One or two words opinions are not usefull to anyone.
  3. Hate Speech.  Hate speech on the basis of race, sexual preference, age, or physical handicap will not be tolerated.
  4. Threats and Harassment.  Threats, menacing behavior, and harassment of other Opinian reviewers is off limits.  Disagree all you want, but please be civil.
  5. Plagiarism.  Copying and pasting reviews from other sources is strictly off limits.  Your reviews here must be your own.
  6. Extreme Profanity.  This includes content posted in reviews, comments, etc.
  7. Off Topic Posts.  Posting comments that have nothing to do with the item being rated. This includes rating items with which you have no personal experience (e.g. "Who is this?"), as well as joke reviews of products or services.
  8. Spam.  This includes messaging other users with unsolicited commercial pitches, reposting the same review repeatedly for multiple items, and posting blatant commercial pitches with no redeeming content (e.g. "visit my great site at www.somesite.com")
  9. Calls to action (e.g. Requesting other users to vote down a certain item, boycott a store, etc.)
  10. Disparaging specific employees when reviewing companies, or disclosing personally identifying information such as email addresses, phone numbers, addresses, etc.
  11. Discussing past, pending, or possible lawsuits against companies.
  12. Dealer's Choice.  Any behavior that is deceptive, obnoxious, or that threatens the spirit of community of Opinian is likely off limits, and could result disciplinary action up to and including loss of posting privileges.
  13. Misplaced business advertising  It is not allowed for business owners to write news, advertising or similar in opinions section of specific item. Claim your item and write news from Opinian Business pages.

If you see anything that violates our site rules, please use report link found on every item page or review footer or contact us at report@opinian.com.

Unfortunately, we don't have the resources to explain to everyone individually why a post was removed.  We also can't promise that there will be warnings for loss of site privileges.

To summarize, use your common sense and try to make the Opinian community a better place with your activity.