Terms of Service
These Opera Ads Terms (these “Terms”) are entered into between you, as a user of the Services (defined below) and the business or corporate entity that has made access available to you pursuant to the applicable IO (as defined below), which you represent and warrant that you have authority to bind to these Terms (collectively, “you”, “your” or “Customer”); and the Opera contracting entity in the applicable IO (“we”, “our” or “Opera”).
These Terms set forth the terms and conditions with respect to your participation in our advertising platform and services (the “Opera Ads” or the “Services”) that are made available to you through the account(s) given to you pursuant to your agreement to these Terms and that separate advertising agreement, framework agreement (including, without limitation, any applicable data processing addendum(s)), insertion order, purchase order or similar agreement with Opera regarding your use of the Opera Ads Platform (the “IO”).
By using the Services (as defined below), you are agreeing to be legally bound by these Terms. If you don’t agree with these Terms, you must discontinue using the Services. If you understand and agree that, from that point onwards, we will treat your access to or use of the Opera Ads as acceptance of the Terms, including by business or corporate entity pursuant to the applicable IO. That business or corporate entity is legally and financially responsible for your access to and use of the Opera Ads as well as for the use of your account by others affiliated with such business or corporate entity, including any employees, agents or contractors.
1. Service Description. The Opera Ads Platform is an advertising platform that allows you to create, submit and/or place advertising or sponsored content (“Ads”) on services, websites or applications operated by us, our affiliates or our third party partners, which may include the following (but availability will vary based on your jurisdiction): Opera,Opera Mini and Opera News.
2. Ad Materials. You hereby grant us and our affiliates the right to display and place any advertising materials, data and/or content, including, without limitation, photos, text, and videos (collectively, “Ad Materials”) that you submit, upload or otherwise provide through the Opera Ads Platform in connection with the placement of your Ads. We may review your Ad Materials prior to placing such Ad Materials; however, you are solely responsible for all Ad Materials, Ads, trafficking and targeting decisions with respect to the Ads, any website or redirects to which Ads direct viewers and all products and services offered or advertised. We may reject or remove Ad Materials or Ads at any time for any or no reason.
3. Use Restrictions. You may not (a) to the greatest extent permitted under applicable law, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Opera Ads Platform, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied the Opera Ads Platform or any derivative works thereof; (b) distribute, license, transfer or sell, in whole or in part, any of the Opera Ads Platform or any derivative works thereto; (c) interfere with or attempt to interfere with the proper working of the Opera Ads Platform, disrupt our website or any networks connected to the Opera Ads Platform, or bypass any measures we may use to prevent or restrict access to the Opera Ads Platform; (d) incorporate the Opera Ads Platform or any portion thereof into any other program or product; (e) impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise made available emanates from the Opera Ads Platform; (f) upload or transmit any files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; (g) use the Opera Ads Platform in a manner that infringes any patent, trademark, copyright or other proprietary rights; (h) use the Opera Ads Platform in a manner that would violate any applicable laws; (i) access or use the Opera Ads Platform from jurisdictions where the contents or practices of the Opera Ads Platform are illegal, unauthorized or penalized is strictly prohibited; or (j) use, display, upload, modify, publish, transmit, update, share or store any Ad Materials on the Opera Ads Platform which: (i) is harmful, harassing, blasphemous, defamatory, obscene, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; (ii) harms minors in any manner; or (iii) deceives or misleads the addressee of the origin of such messages or communicates any information which is grossly offensive or menacing in nature. Additionally, all Ad Materials are subject to the terms and conditions governing content as set out in the applicable IO. Failure to comply may result in a variety of consequences, including the cancellation of Ads you have placed and termination of your account.
4. Ads. We will determine the size, placement, and positioning of your Ads. We cannot control how many clicks are generated on your Ads. We have systems that attempt to detect and filter certain click activity, but we are not responsible for click fraud, technological issues, or other potentially invalid click activity that may affect the cost of running Ads. We make no commitment regarding editorial or content adjacency or competitive separation for Ads. Ads may run on or next to unmoderated user generated content. If your Ad is a political ad, we may display and provide access to the ad content and creative, including upon a request by a governmental authority or as required by applicable law.
5. Representations and Warranties. You hereby represent and warrant to us that (a) you hold all necessary rights to the Ad Materials to grant us, our affiliates and third party partners the right to use such Ad Materials to operate the Opera Ads Platform and (b) all information and authorizations provided by you are complete, correct and current. As a condition of your access to and use of the Opera Ads Platform, you agree not to use the Opera Ads Platform to infringe any intellectual property rights, for example uploading or sharing copyrighted material of a third party without their consent. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.
6. Data Usage. Through the Opera Ads Platform, you are able to monitor the Ads you place and you can generate reports about the kinds of people seeing your Ads and how your Ads are performing. Any data collected, received or derived from an Ad including all data from reports provided through the Opera Ads Platform (collectively, the “Ad Metrics”) may only be used on an aggregated and anonymous basis for the purpose of (a) optimizing the effectiveness of the Ads on the Opera Ads Platform, (b) monitoring the performance of the Ads on the Opera Ads Platform and (c) planning your advertising strategy on the Opera Ads Platform. You will not, and will not permit any third party to (i) create compilations or combinations of the Ad Metrics, (ii) co-mingle Ad Metrics with any other data or for use on advertising platforms other than the Opera Ads Platform, (iii), sell, rent, transfer or provide access to Ad Metrics to any other party, or (iv) associate Ad Metrics with any identifiable person.
7. Personal Data. The Opera Ads Platform allows you to upload advertising content, such as photos, text, and videos, as well as information about individuals such as emails or device identifiers about individuals, such as users or customers of your services or products (“Ad Data”). You represent and warrant that you will only upload Ad Data to the Opera Ads Platform to the extent that: (a) your collection, use and uploading to the Opera Ads Platform of the Ad Data, and the use by you and us of the Ad Data on the Opera Ads Platform as envisaged by these Terms, comply with applicable laws and regulations (including, without limitation, the European Union General Data Protection Regulation) including, where required by applicable laws and regulations, you have obtained consent from the individual about whom such Ad Data relates to all such uses; (b) such Ad Data does not contain any personal data regulated by any applicable law or regulations or, to the extent it contains such information, you have obtained all consents and other authorizations required by applicable laws and regulations to collect, use and upload such information to the Opera Ads Platform and for you and us to use such information on the Opera Ads Platform as envisaged by these Terms; and (c) you are not subject to any laws or regulations, which prevent or place any restrictions on the collection, use and/or uploading to the Opera Ads Platform of the Ad Data, and/or on the use by you and us of the Ad Data on the Opera Ads Platform as envisaged by these Terms.
8. Third Party Ads. If you are placing Ads on someone else’s behalf, you represent and warrant to us that you have the authority to place Ads for such other party and to bind the advertiser to these Terms. You also agree that if the advertiser breaches these Terms, we may hold you liable for such breach.
9. Cancellations. You may cancel an Ad through your dashboard on the Opera Ads Platform or by notifying us via your designated ads sales representative.
10. Payments. All payments made by you to us in connection with your use of the Opera Ads Platform will be made pursuant to the terms and payment methods set forth in the IO. You agree to pay all amounts applicable to each Ad you place (or direct us or our affiliates or third-party partners to place), along with any applicable taxes. The amount you owe for each Ad will be calculated based on our tracking mechanisms.
11. Ownership and Content.
a. Ownership of the Services. The Services and their content, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. Other than with respect to Your Content (as defined below), you agree that Opera and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content (other than Your Content), including, without limitation, the exclusive right to create derivative works.
b. Ownership of Trademarks. The Opera name, the terms and logos relating to the mobile apps of “Opera”, “Opera Mini”, “Opera News” and all related names, logos, product and service names, designs and slogans are trademarks of Opera or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
c. Ownership of Feedback. You may be able to feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of Opera and Opera may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Opera any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
d. Your Content License Grant. In connection with your use of the Services, you may be able to post, upload, or submit content to be made available through the Services (“Your Content”). As a condition of your use of the Services, you grant us a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicensable license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, modify and adapt and create derivative works (either alone or as part of a collective work) from Your Content. As part of the foregoing license grant you agree that (a) the other users of our Services shall have the right to comment on and/or tag Your Content and/or to use, publish, display, modify or include a copy of Your Content as part of their own use of the Services, and (b) we have the right to make any of Your Content available to third parties, so that those third parties can distribute, make derivative works of, comment on and/or analyze your Content on other media and services (either alone or as part of a collective work); except that the foregoing (a) and (b) shall not apply to any of Your Content that you post privately for non-public display on the Services. By posting or submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.
12. DISCLAIMER. YOUR ACCESS TO AND USE OF THE OPERA ADS PLATFORM ARE AT YOUR OWN RISK. WE DO NOT GUARANTEE THE REACH OR PERFORMANCE THAT YOUR ADS WILL RECEIVE, SUCH AS THE NUMBER OF PEOPLE WHO WILL SEE YOUR ADS OR THE NUMBER OF CLICKS YOUR ADS WILL GET. THE OPERA ADS PLATFORM IS PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO IT. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE OPERA ADS PLATFORM WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE OPERA ADS PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; AND (C) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE OPERA ADS PLATFORM WILL BE CORRECTED. NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE) APPLY TO THE OPERA ADS PLATFORM EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THESE TERMS OR THE IO. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF THE OPERA ADS PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
13. Testing. You hereby authorize us and our affiliates to periodically conduct tests (such as testing improvements) that may affect your use of the Opera Ads Platform, including the formatting of your Ad Materials, quality, ranking, performance, pricing, and auction-time bid adjustments. To ensure the timeliness and validity of test results, you authorize us to conduct such tests without notice or compensation to you.
14. Indemnity. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Opera, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
15. Limitations of Liability. IN NO EVENT SHALL WE OR OUR SERVICE PROVIDERS OR LICENSORS BE LIABLE TO YOU FOR: (A) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (B) ANY LOSS OF GOODWILL; (C) ANY LOSS OF OPPORTUNITY; (D) ANY LOSS OF DATA; OR (E) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO OPERA WITHIN THE LAST 12 MONTHS. THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.
16. Applicable Law, Jurisdiction and Supplemental Terms. These Terms, their subject matter, their formation, and any disputes relating to these Terms are subject to the governing law and jurisdiction provisions in the applicable IO.
17. Terms Modification. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by email. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Opera Ads Platform after the modifications have become effective shall be deemed your acceptance of the modified Terms.
18. Entire Agreement. These Terms, together with the IO (including any associated addendums), our content policy, and if you are a self-registered user in India, the Self-Registration Terms, constitute the whole legal agreement between you and Opera and govern your use of the Opera Ads Platform and completely replace any prior agreements between you and Opera in relation to the Opera Ads Platform.
19. No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right in these Terms.
20. Security. We do not guarantee that our Opera Ads Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Opera Ads Platform. You should use your own virus protection software.
21. Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
22. No Assignment. You may not assign any of your rights or delegate your obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of us. We may assign these Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
23. Contact. For any questions, you may contact with Opera business account manager.