API Terms of Use

Thank you for using the OpenDover API from Byelex Multimedia Products BV. By using the OpenDover API (the "OpenDover API" or "API"), you and, if applicable, the company you represent (collectively, "you") accept and agree to be bound by the following terms and conditions (the "Terms of Use," "Terms" or "Agreement").  It is important that you read these Terms as they form a legal agreement between you and Byelex Multimedia Products BV ("OpenDover", "we", or "us").

In the event of any conflict between the content in this document and the documents incorporated by reference, this document shall control with respect to your use of the API. If you disagree with anything in these Terms, OpenDover does not grant you a license to use the API and, as a result, you may not use the API.

OpenDover reserves the right, from time to time, with or without notice to you, to change these Terms in our sole and absolute discretion. The most current version of these Terms can be reviewed by clicking on the http://developer.opendover.nl/page/Api_terms_of_use. The most current version of the Terms will supersede all previous versions. By using the OpenDover API subsequent to publication of modifications to the Terms, you agree to be bound to the full language of the most current Terms, as revised and published. Your only recourse if you disagree with the Terms, or changes to the Terms, is to discontinue your use of the API. As such, you should review the Terms periodically.

1.Description, Licenses, and Restrictions

1.1 Description of the OpenDover API. The API consists of programmatic web APIs, JavaScript code and associated tools and documentation that allow you to create software application(s) or website(s) (your "Application") which will display certain Content as processed by OpenDover, subject to the limitations and conditions described below.  "Content" includes, but is not limited to, tags, resulting scores and typical code to highlight pieces of the content, that is provided by you.

1.2 Developer Accounts and Keys.  In order to obtain access to the API, you must create a developer account. You may be limited by the account creation process to one account per email address.  You will be issued one or more unique security keys, secrets, tokens, passwords and/or other credentials (collectively, "Keys") for accessing the API and managing your account.  You may only access your account with the Key issued to you by OpenDover.  Access may not always be available. You may not sell, transfer, sublicense or otherwise disclose your Keys to any other party or use them with any Application other than that for which you initially applied for it. You are responsible for maintaining the secrecy and security of your Keys. You are fully responsible for all activities that occur using your Keys, regardless of whether such activities are undertaken by you or a third party. You are responsible for maintaining up-to-date and accurate information (including a current email address and other required contact information) for your account.  Failure to do so may jeopardize your continued access to the API.

1.3 API Modifications. OpenDover reserves the right to release subsequent versions of the API and to require you to obtain and use the most recent version.  The API is provided for free when you apply for a bronze license, any other plan will involve a monthly fee for the use of the API.

 1.4 Prohibited Commercial Uses.  You agree that:

• the API may not be used to offer or promote services that are damaging to, disparaging of, or otherwise detrimental to OpenDover or its licensors, licensees, affiliates and partners.
• it is OpenDover’s sole discretion in interpreting these restriction and it is within OpenDover's rights to immediately cease your use of the API for violating these Terms and/or to disable access by your Application to any or some of the API made available for violating these Terms and you agree and acknowledge that such actions by OpenDover may result in your Application no longer functioning.

1.5 Monitoring your Use of the OpenDover API. You agree to provide us with access to your Application and/or other materials related to your use of the API as reasonably requested by us to verify your compliance with these Terms. You agree that we may crawl or otherwise monitor online Applications and you agree not to block or interfere with such efforts by OpenDover.

1.6 Usage Limitations. OpenDover may limit the number of network calls that your Application may make via the API, and/or the maximum file size, and/or the maximum Content that may be accessed, or anything else about the API and the Content it accesses as OpenDover deems appropriate in its sole discretion. The usage limitations can be found in the OpenDover developer portal at http://developer.OpenDover.nl/docs/Security. OpenDover may change such usage limits at any time and without notice. In addition to its other rights under these Terms, OpenDover may utilize technical measures to prevent overusage and/or stop usage of the API by an Application after any usage limitations are exceeded.

1.7 Appropriate Conduct and Usage Restrictions. You agree that you are responsible for your own conduct while using the API and for any consequences thereof. You agree to use the API only for purposes that are legal, proper and in accordance with these Terms of Use and any applicable policies or guidelines provided by OpenDover from time to time. In addition to the restrictions contained in these Terms, you agree that when using the API, you will not do the following, attempt to do the following, or permit your end users or other third parties to do the following:

• interfere with or disrupt OpenDover services or servers or networks connected to OpenDover services, or disobey any requirements, procedures, policies or regulations of networks connected to OpenDover services;
• use OpenDover services for any illegal or unauthorized purpose;
• circumvent or modify any Keys or other security mechanism employed by OpenDover or the API, including without limitation any authentication technologies;
• request, collect, solicit, or otherwise obtain access to sign-in names, passwords or other authentication credentials for OpenDover other than by directing users to OpenDover in the mechanism specifically provided by the OpenDover API;
• download, scrape, post, or transmit, in any form or by any means, any part of the OpenDover services or Content other than Content which you post as part of your Application;
• upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law;
• use the Content as part of any sweepstakes or similar promotion or event;
• impersonate another person or entity, or falsify, modify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material (including Content);
• use any robot, spider, site search/retrieval Application, or other device to retrieve or index any portion of OpenDover services or collect information about users for any unauthorized purpose;
• provide content with, in or in connection with your Application that falsely expresses or implies that such content is sponsored or endorsed by OpenDover;
• create user accounts by automated means or under false or fraudulent pretenses;
• promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• upload, post, email or transmit or otherwise make available with, in or in connection with your Application, any inappropriate, defamatory, infringing, obscene, or unlawful content;
• upload, post, email or transmit or otherwise make available with, in or in connection with your Application, any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you (or the end user posting the content) are the owner of the content or have the permission of the owner to post such content;
• transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

1.8 Advertising by OpenDover. OpenDover reserves the right to include advertising or any other materials in any portion of the API.  Any such advertising shall be not modified, obscured or deleted in your Application.

 1.9 Support. OpenDover has no obligation to provide you or your users with support, software upgrades, enhancements, or modifications to the API ("Support"). You understand and agree that you are solely responsible for providing user support and any other technical assistance for your Application. OpenDover may redirect users and potential users of your Application to your email address on your account for purposes of answering general Application inquiries and support questions. If OpenDover elects at any time to provide Support, it shall be considered part of the OpenDover services for purposes of Section 7, and OpenDover may terminate the Support at any time without notice to you for any or no reason.

2.Directory

2.1 OpenDover may maintain and/or publish on its Website or in other locations, a directory of developers using the API and/or the Applications resulting from developer use of the API ("Directory").  Whether or not you or your Application is included in the directory is within OpenDover's sole discretion, provided, however that OpenDover will endeavor to respond to your written request for removal from such Directory of your Application if it has not been released to the public or otherwise made publicly available.

2.2 OpenDover may maintain a submission process for such Directory, which may ask for additional information about your Application, including its computer code, which OpenDover may use solely for purposes of evaluating it for submission in the Directory.  If you have not submitted your Application and OpenDover requests you do, you will promptly submit your Application for review and, for such review, waive any fees or subscriptions usually associated with the Application.

2.3 You hereby grant OpenDover a non-exclusive license to display the trade names, trademarks, service marks, logos, copyright notices, domain names, and other distinctive brands associated with you and your Application for the purpose of promoting or advertising that you use the API, or for inclusion in the Directory.

2.4 By using the API you hereby grant OpenDover a right to host, link to, and otherwise incorporate your Application into the OpenDover services through a Directory or other means.

3.Proprietary Rights

3.1 OpenDover Property. As between you and OpenDover, OpenDover retains all right, title and interest, including without limitation all intellectual property rights, in and to, (i) the API and any and all elements and components thereof, including content, technology, software, code, user interfaces, and any derivatives works and/or compilations thereof or relating to; ( (ii) any feedback (including suggestions comments, improvements, ideas, etc.), about the OpenDover services, the API, or any applications OpenDover may be developing. You agree to take such actions, including, without limitation, execution of affidavits or other documents, as OpenDover may reasonably request to effect, perfect or confirm OpenDover's rights to the OpenDover Property.

3.2 License Grant. You shall not acquire any right, title, or interest in or to the OpenDover Property except as expressly set forth in these Terms. Subject to your compliance with the terms and conditions in these Terms, and solely for the duration of these Terms, OpenDover grants you a limited, non-exclusive, revocable, non-sublicensable and non-transferable license to access and use the API solely to develop, test, display, distribute and execute your Application; to access and display in your Application the Content provided by OpenDover; and to allow others to access your Application as permitted by OpenDover. You will not, and will not permit any person, directly or indirectly, to reverse engineer, disassemble, reconstruct, decompile, translate, modify, copy, or, other than as explicitly permitted hereunder, create derivative works of the OpenDover services, including, without limitation, the API, or any aspect or portion thereof, including without limitation, source code and algorithms.

3.3 Brand License. Subject to your compliance with the terms and conditions in these Terms, during the term of this agreement, and solely for the duration of these Terms, OpenDover grants you a limited, non-exclusive, revocable, non-sublicensable and non-transferable license to display the trade names, trademarks, service marks, logos, copyright notices, domain names, and other distinctive brands of OpenDover (cumulatively, the " OpenDover Brands") in accordance with these Terms, as part of the Content; for attributing the Content as from OpenDover; and for the purpose of promoting or advertising that you use the API and in your resulting Application.  All use by you of the OpenDover Brands (including any goodwill associated therewith) shall inure to the benefit of OpenDover.

3.4 Brand Protection. At no time during or after the expiration or termination of this Agreement shall you challenge or assist others to challenge the OpenDover Brands (except to the extent such restriction is prohibited by law) or the registration or ownership thereof by OpenDover, nor shall you attempt to register any OpenDover Brands (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to those of OpenDover.

 3.5 In using the OpenDover Brands pursuant to Section 3.3, you may not do the following (and for purposes of this Section "use" shall include any use or display of a OpenDover Brand):

• use an OpenDover Brand in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by OpenDover, other than your use of the API;
• use an OpenDover Brand in any manner that can be reasonably interpreted to suggest content has been authored by, or represents the views or opinions of OpenDover or OpenDover personnel;
• use an OpenDover Brand to disparage OpenDover, its products or services, or any licensor or affiliate of OpenDover;
• use an OpenDover Brand in a way that tarnishes, dilutes or otherwise impairs the OpenDover Brands;
• use an OpenDover Brand to promote another service substantially similar in whole or in part to OpenDover;
• use an OpenDover Brand, the API or Content on your site or Application if it contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age;
• use an OpenDover Brand as the largest or most prominent brand in your Application or as the most prominent element of your Application or as part of the name of your Application;
• use an OpenDover Brand in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to OpenDover;
• use an OpenDover Brand on a site that violates any law or regulation; or
• remove, obscure, distort or alter any element of an OpenDover Brand.
• it is OpenDover 's sole discretion in interpreting these restrictions and it is within OpenDover 's rights to immediately cease your use of the API for violating these Terms and/or to disable access by your Application to any or some of the API made available for violating these Terms and you agree and acknowledge that such actions by OpenDover may result in your Application no longer functioning.

3.6 Your Warranty, Ownership and License Grants.  You represent and warrant that: (a) your Application and its content is your original work or was legally obtained; and (b) our and our sublicensees' and affiliates' use of your Application and its content as permitted by the licenses granted by you in this Agreement will not violate any third party's rights. Except to the extent your Application and its content contains OpenDover Property, OpenDover claims no ownership or control over your Application or the content sent, posted or displayed through your Application.  During the Term of this Agreement, you hereby grant to us a paid-up, royalty-free, nonexclusive, worldwide, irrevocable right and license, under all of your intellectual property rights, to: (i) use, reproduce, perform, display and distribute your Application and its content; (ii) link to and direct users to your Application and (iii) sublicense the foregoing rights to our affiliates or any third parties. Following the expiration or termination of this Agreement and upon written request from you, OpenDover shall make commercially reasonable efforts, as determined in its sole discretion, to remove all references and links to your Application from the OpenDover website and service. OpenDover shall have no other obligation to delete copies of, references to, or links to, your Application.

3.7 OpenDover Application Development. You understand and acknowledge that OpenDover may be independently creating applications, content and other products or services that may be similar to or competitive with your Application and its content, and nothing in this Agreement will be construed as restricting or preventing OpenDover from creating and fully exploiting such applications, content and other items, without any obligation to you. If you elect to provide us with any Feedback, you hereby assign all right, title and interest in and to such Feedback to us, and acknowledge that we will be entitled to use, implement and exploit any such feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation or other duty to account.

4.Privacy and Legal Compliance

4.1 OpenDover's collection and use of personal information from its users and developers is governed by OpenDover's Privacy Policy, with the exception that OpenDover may reveal personal information about developers as noted in these Terms (e.g., for attribution purposes and handling inquiries from users or potential users). You understand and agree that OpenDover may access, preserve, and disclose your personal information and your developer account details and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to comply with legal process or protect the rights, property and/or safety of OpenDover, its affiliates or partners, its users, or the general public.

4.2 For information you obtain from users of your Application, you will, at all times, maintain a privacy policy at least as stringent and user-friendly as OpenDover's. You must clearly post a link to your privacy policy at the point such information is collected and you must seek a user's express consent at any time that you are collecting and/or will make available to third parties such user's personally identifiable information. At all times you must comply with your privacy policy in the collection, use and storage of such information.

4.3 You will not ask for, view, store, access or cache the sign-in name or passwords to OpenDover users accounts. However, you may ask for your users' email addresses (which may or may not be the same as such user's sign-in name) for communicating with your users about the Application.

5.Publicity

 You may promote your Application, including talking to traditional and online media and your users about your Application, so long as you do truthfully and without implying that your Application is created or endorsed by OpenDover (or otherwise embellishing your relationship with OpenDover) or by a third party Content provider or any person or character associated with any particular Title.  For example, you may factually state that your Application is an " OpenDover application" or an application for use with OpenDover (so long as you are in full compliance with these Terms). However, you may not issue any formal press release via traditional or online media without OpenDover's prior consent.  OpenDover reserves the right to issue publicity and promotional materials mentioning and/or describing your Application without your consent.

6.Indemnity

You agree to hold harmless and indemnify OpenDover, and its subsidiaries, affiliates and licensors, and their respective officers, agents, and employees, advertisers or partners, from and against any claim arising from or in any way related to your use of any OpenDover Property, violation of these Terms of Use, violation of applicable laws and regulations, including, without limitation, privacy laws, or any other actions or claims connected with or related to your Application and/or use of OpenDover services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In the case of a written claim, OpenDover will provide you with written notice of such claim, suit or action.

7.Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE TO THE FOLLOWING DISCLAIMERS TO THE EXTENT PERMITTED BY APPLICABLE LAW:

7.1 YOUR USE OF THE OPENDOVER PROPERTY AND ANY OPENDOVER SERVICES IS AT YOUR SOLE RISK. THE OPENDOVER PROPERTY AND ANY OPENDOVER SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OPENDOVER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

7.2 OPENDOVER MAKES NO WARRANTY THAT THE OPENDOVER PROPERTY OR ANY OPENDOVER SERVICES (i)  WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR HAVE KNOWN OR DISCOVERED ERRORS CORRECTED, (iii) WILL PROVIDE RESULTS THAT ARE ACCURATE OR RELIABLE, OR (iv) WILL MEET YOUR EXPECTATIONS (OR THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE OPENDOVER PROPERTY OR ANY OPENDOVER SERVICES WILL MEET YOUR EXPECTATIONS).

7.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE OPENDOVER PROPERTY OR ANY OPENDOVER SERVICES IS ACQUIRED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

7.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OPENDOVER SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

8.Limitation of Liability

YOU AGREE TO THE FOLLOWING LIMITATION OF LIABILITY TO THE EXTENT PERMITTED BY APPLICABLE LAW:  YOU EXPRESSLY UNDERSTAND AND AGREE THAT OPENDOVER SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OPENDOVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE OPENDOVER PROPERTY OR OPENDOVER SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN THE OPENDOVER PROPERTY OR ANY OPENDOVER SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE OPENDOVER PROPERTY OR ANY OPENDOVER SERVICES.

9.Release and Waiver

To the maximum extent permitted by applicable law, you hereby release and waive all claims against OpenDover and its subsidiaries, affiliates, and their respective officers, agents, and employees, advertisers or partners from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorney's fees) of every kind and nature, arising from or in any way related to your use of the OpenDover Property.  If you are a California resident, you waive your rights under California Civil Code Section 1542 which states, "A general released does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

10.Confidential Information

The term " OpenDover Confidential Information" means any information of or relating to OpenDover that becomes known to you through disclosure, observation or otherwise, and that either is designated as confidential by OpenDover or that is not generally known or readily ascertainable to the public, including, without limitation, nonpublic information regarding the OpenDover API and OpenDover's products, services, programs, features, data, techniques, technology, code, ideas, inventions, research, testing, methods, procedures, know-how, trade secrets, business and financial information and other activities. All OpenDover Confidential Information remains the property of OpenDover, and no license or other right in any OpenDover Confidential Information is granted hereby. You will not disclose any OpenDover Confidential Information to any third party, and will take all reasonable precautions to prevent its unauthorized dissemination, both during and after the term of this Agreement. If you are a corporate entity, you will limit your internal distribution of OpenDover Confidential Information to your employees and agents who have a need to know, and will take steps to ensure that dissemination is so limited. You will not use any OpenDover Confidential Information for the benefit of anyone other than OpenDover. Upon OpenDover's written request, you will destroy or return to OpenDover all OpenDover Confidential Information in your custody or control. In addition to the terms of this provision, you and OpenDover will continue to be subject to any non-disclosure agreement that you and OpenDover have entered into separately. This provision will survive any expiration or termination of this Agreement.

11.Term and Termination

11.1 Term. The term of the Terms of Use shall commence on the date upon which you agree, by your use of the API, to the Terms and shall continue in force thereafter, unless modified or terminated as provided herein.

11.2 OpenDover Termination. OpenDover may change, suspend or discontinue all or any aspect of the API, including its general availability, at any time.  Furthermore, OpenDover may limit, suspend or terminate your use of the API and/or this Agreement at any time. Without limiting the foregoing and as clarification only, OpenDover may terminate this Agreement immediately and without notice if:

• you seek to hack or break any security mechanism of the API;
• we determine that your use of the API poses a security or service risk to us, to any user of the Application, or to any of our subscribers, or may subject us or any third party to liability or damages or danger;
• you otherwise use the API in a way that disrupts or threatens the API;
• we determine, in our sole discretion, there is evidence of fraud with respect to your account;
• you use any of the OpenDover Property other than as expressly permitted herein;
• we receive notice or we otherwise determine, in our sole discretion that you may be using the OpenDover API for any illegal purpose or in a way that violates the law or violates, infringes, or misappropriates the rights of any third party; or
• we determine, in our sole discretion, that our provision of any of the API to you is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason.

11.3 Your Termination. You may terminate this Agreement for any reason or no reason at all, at your convenience, by (i) closing your account, which at such time your use of the API shall cease or (ii) ceasing use of the API.

11.4 Refusal of Application. OpenDover shall have the right, in its sole discretion, to refuse to permit your use of the API with a particular Application. Unless OpenDover states otherwise, such rejection will not terminate these Terms with respect to other Applications you may have created. OpenDover shall have no liability to you for such refusal.

11.5 Effect of Termination. Upon the termination of these Terms of Use for any reason (i) the rights granted to you herein, including all licenses to the API, Content, and OpenDover Brands shall terminate and (ii) you shall immediately cease all use and distribution of your Application. Neither party shall be liable to the other party for damages of any sort resulting solely from the sole fact of terminating these Terms.

11.6 Survival. Provisions may survive expiration or termination of this Agreement if their survival is reasonably necessary to effectuate the intent of the parties under this Agreement.

11.7 Remedies. You acknowledge that your breach of these Terms may cause irreparable harm to OpenDover and/or its licensors, the extent of which would be difficult to ascertain. Accordingly, you agree that, in addition to any other remedies to which OpenDover may be legally entitled, OpenDover shall have the right to seek immediate injunctive relief in the event of a breach of these Terms by you or any of your officers, employees, consultants or other agents.

12.General Information

12.1 Interpretation. You agree that OpenDover has sole discretion in determining the interpretation of the meaning of these Terms, including determining your compliance with these Terms.

12.2 Entire Agreement. These Terms, including the other documents explicitly incorporated by reference, constitute the entire agreement between you and OpenDover and govern your use of the API, superseding any prior agreements between you and OpenDover.

12.3 Choice of Law and Forum. These Terms and the relationship between you and OpenDover shall be governed by the laws of The Netherlands without regard to its conflict of law provisions. You and OpenDover agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Rotterdam, The Netherlands.

12.4 Waiver. The failure of OpenDover to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

12.5 Severability of Terms. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

12.6 Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the OpenDover Property must be filed within one (1) year after such claim or cause of action arose or be forever barred.

12.7 Third Party Beneficiaries. Nothing in these Terms should be construed to confer any rights to third party beneficiaries.

12.8 Assignment. You may not assign or transfer your agreement to these Terms. OpenDover may automatically, without notice to you, assign its agreement to these Terms to the surviving entity in the event of a change of control.

12.9 Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect.