Terms Of Use

TERMS AND CONDITIONS

Last Updated: October 23, 2017

These are the Terms and Conditions (the “Terms”) for accessing and using the websites, blogs, applications (mobile or otherwise), social media accounts, forums, technology, software, games, artificial intelligence products or services, and/or any other electronic platform or artificial intelligence platform now in existence or later developed or used by us (collectively, the “Platforms”) by Robert Van Scoyk, doing business as Project Ophelia Herself (the “Company”, “we”, “us”, “our”)

By accessing or using our Platforms, you agree to be bound by these Terms. If you do not accept all these Terms, then you should not access, download, upload, or otherwise use our Platforms. We may terminate, suspend, charge, or restrict access to all or any part of our Platforms without notice or liability.

Please note that these Terms include an arbitration provision, which you will be bound to by using and accessing our Platforms.

SECURITY OF ACCOUNT

In order to conduct certain activities and functionalities of the Platforms, you may need to register for an account, which includes creating access credentials, such as an email address and password. You are solely responsible for (1) monitoring, controlling access to, and maintaining the strict confidentiality of your access credentials, (2) not allowing another person to use your access credentials, and (3) any charges or damages that may be incurred as a result of your failure to maintain the strict confidentiality of your access credentials. We are not responsible for any harm relating to the theft of access credentials resulting from your actions, your disclosure of access credentials, or your decision in violation of these Terms to allow another person or entity to access and use our Platforms using your access credentials.

You must immediately notify us regarding any unauthorized use of your account or access credentials or any other concerns that you have about the misuse or security of your account by contacting us at This email address is being protected from spambots. You need JavaScript enabled to view it.. Until we receive such a notification from you, you may be held liable for any harm or loss resulting from the improper use of your device or access credentials.

You acknowledge and agree that you are solely responsible for maintaining the security of the devices you may use to access the Platforms. We are not responsible for any losses resulting from the loss or theft of any such device.

ARTIFICIAL INTELLIGENCE RESPONSES, ACTIONS, AND OUTCOMES

You are solely responsible for any information you input into our Platforms, and any response, actions, or outcomes that a particular Platform produces. For example, if you use an artificial intelligence Platform, such Platform may produce responses, actions, or outcomes deemed offensive, politically incorrect, harsh, or otherwise unsatisfactory to you or a third party; you are responsible for any such response, action, or outcome.

Moreover, by using our Platforms, you agree to be bound by our Do’s and Don’ts and any other Platform guidelines that are now or hereafter available on our Platforms. The Do’s and Don’ts and other Platform guidelines are hereby incorporated into these Terms.

AVAILABILITY

Our Platforms are not intended for distribution to, or use by, any person or entity in any city, county, state, or country where its distribution or use would be contrary to its respective law or regulation. By offering our Platforms, no distribution or solicitation is made by us to any person to use our Platforms in jurisdictions where the provision of our Platforms is prohibited by law.

We are also not responsible for any system outages, slowdowns, or capacity limitations.

INTELLECTUAL PROPERTY

You may not use, copy, display, distribute, modify, or reproduce any of the trademarks, copyrights, patents, or other intellectual property found on our Platforms unless authorized by us in writing, such as in a licensing agreement. This includes but is not limited to software, source code, photographs, written content, images, text, data, logos, and designs.

Moreover, any information you submit to us may be deemed and remain our property. To the extent any such information is not owned by us, you hereby irrevocably assign that information to us. To the extent that such information is not assignable, you hereby provide us a non-revocable worldwide royalty-free and non-exclusive license (with the right to sublicense) to use, copy, reproduce, perform, display, process, adapt, transform, modify, publish, transmit, display, distribute, and create derivative works of the information in any and all mediums, now known or hereafter in existence, in perpetuity.

CONTENT ON PLATFORMS – DMCA RIGHTS

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from our Platforms infringe upon your copyright, you may request removal of those materials (or access to them) from the Platforms by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512 (“DMCA”)), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Platforms, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are the copyright owner, or are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Copyright Agent

The Internet Law Group
9107 Wilshire Boulevard, Suite 450 , Beverly Hills, California 90210
(310) 910-1496
This email address is being protected from spambots. You need JavaScript enabled to view it.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Platforms is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Please further note that we will only be able to remove content or materials that are available on our websites or publicly-available platforms that allow you to generate content and materials, such as a message board, forum, or social media site. We will not be able to remove content or materials from third-party platforms that have used our code or technology.

COUNTER NOTIFICATION PROCEDURES

If you believe that material you posted on the Platforms was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated [above/below]. Pursuant to the DMCA, the Counter Notice must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Platforms may be found) and that you will accept service from the person (or an agent of that person) who provided the Platforms with the complaint at issue.

Our designated agent to receive Counter Notices is:

Copyright Agent

The Internet Law Group
9107 Wilshire Boulevard, Suite 450 , Beverly Hills, California 90210
(310) 910-1496
This email address is being protected from spambots. You need JavaScript enabled to view it.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.Please be aware that if you knowingly materially misrepresent that material or activity on the Platforms was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.)

REPEAT INFRINGERS

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

RETENTION OF OWNERSHIP

You retain the right to any content or materials that you submit, enter, post, share, or provide on our publicly-available Platforms that allow you to generate content or materials, such as message boards, forums, or social media sites – provided that you are the owner of any such content or materials. By submitting, entering, posting, sharing, or providing content or materials on our Platforms, you hereby grant us a non-revocable worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, perform, display, process, adapt, transform, modify, publish, transmit, display, distribute, and create derivative works of the content and materials in any and all mediums, now known or hereafter in existence, in perpetuity.

MONITORING OUR PLATFORMS

We have no obligation to monitor our Platforms; however, you acknowledge and agree that we have the right to monitor our Platforms from time to time and disclose any information as necessary or appropriate to satisfy any law, regulation, governmental request, to operate or improve our Platforms, or to protect ourselves or users of our Platforms.

LINKS

Our Platforms may contain links to websites or other platforms that are controlled by third parties. We disclaim any liability for any information, materials, products, or services posted on a third-party website or platform. By creating a link featuring a third party on our Platforms, we in no way endorse or recommend that third party, and we shall not be held liable for any of their conduct. Such a third party may have terms and conditions, privacy policies, and other terms and policies of their own; we encourage you to read through them before using and accessing those websites and platforms.

WARRANTY DISCLAIMER

THE INFORMATION AND MATERIALS CONTAINED ON OUR PLATFORMS, INCLUDING TEXT, GRAPHICS, LINKS, OR OTHER ITEMS, AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF CONTENT OR PLATFORMS. WE DO NOT WARRANT THAT OUR PLATFORMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORMS DO NOT CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF OUR PLATFORMS IS AT YOUR OWN RISK.

MOREOVER, WE MAKE NO WARRANTY AS TO ANY RESPONSE, ACTION, OR OUTCOME THAT RESULTS FROM ENTERING INFORMATION INTO A PARTICULAR PLATFORM. YOU ARE RESPONSIBLE FOR ANY RESPONSE, ACTION, OR OUTCOME – EVEN IF SUCH RESPONSE, ACTION, OR OUTCOME IS OFFENSIVE, POLITICALLY CORRECT, HARSH, OR OTHERWISE UNSATISFACTORY TO YOU OR A THIRD PARTY. THIS DISCLAIMER DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO YOU.

WE MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND PLATFORMS AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH CONTENT. WE RESERVE THE RIGHT TO TERMINATE ALL OR PART OF OUR PLATFORMS AND ITS FUNCTIONALITY WITHOUT PRIOR NOTICE TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL WE (INCLUDING OUR EMPLOYEES, AGENTS, OFFICERS, MANAGERS, INVESTORS, DIRECTORS, AFFILIATES, PARENTS, SUBSIDIARIES, OR PROVIDERS) BE LIABLE FOR ANY DAMAGES, INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, LOSSES, OR EXPENSES (INCLUDING WITHOUT LIMITATION, LOST PROFITS, OR BUSINESS INTERRUPTION) OF ANY KIND ARISING OUT OF OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE OUR PLATFORMS OR ANY THIRD-PARTY WEBSITES THAT ARE OUR PLATFORMS LINKED TO OR ARE OTHERWISE CONNECTED TO. NOR SHALL WE LIABLE FOR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, EVEN IF WE OR A REPRESENTATIVE THEREOF ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORMS IS TO STOP USING THEM. IF YOUR USE OF THE PLATFORMS RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.

MOREOVER, WE SHALL NOT BE LIABLE FOR ANY RESPONSE, ACTION, OR OUTCOME THAT RESULTS FROM ENTERING INFORMATION INTO A PARTICULAR PLATFORM. YOU ARE RESPONSIBLE FOR ANY RESPONSE, ACTION, OR OUTCOME – EVEN IF SUCH RESPONSE, ACTION, OR OUTCOME IS OFFENSIVE, POLITICALLY CORRECT, HARSH, OR OTHERWISE UNSATISFACTORY TO YOU OR A THIRD PARTY. THIS INCLUDES BUT IS NOT LIMITED TO CLAIMS FOR TORTS (INTENTIONAL OR UNINTENTIONAL), INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, DEFAMATION, LIBEL, SLANDER, FALSE LIGHT, THREATS, VERBAL ASSAULT, OR SEXUAL HARASSMENT.

IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE LESSER OF THE FEE YOU PAID FOR THE USE AND ACCESS OF THE PLATFORM OR FIFTY DOLLARS ($50).

INDEMNIFICATION

You hereby agree to indemnify, defend, and hold us harmless from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys’ fees and costs, incurred by us in connection with any claim by a third party arising out of (i) materials and content you submit to, post to, or transmit through our Platforms, or (ii) your use of our Platforms in violation of the Terms or any applicable law. You further agree to cooperate fully in the defense of any such claims. We reserve the right, at your cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not settle any claim or matter on our behalf without our written consent.

PRIVACY POLICY

Our Privacy Policy is hereby incorporated by reference into these Terms.

TERMINATION

The Terms are effective until terminated by us. We may terminate at any time without notice or suspend or terminate your access and use of our Platforms at any time, with or without cause, in our absolute discretion and without notice. The following provisions shall survive termination of your use or access to our Platforms: the sections concerning Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, Severability, General Provisions, and other provision that by its terms survives termination of your use or access to our Platform.

WAIVER

Failure by us to enforce any of its rights under the Terms shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

APPLICABLE LAW AND ARBITRATION

The Terms and all other aspects of your use of our Platforms shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, the laws of the State of California, without regards to its conflict of laws rules.

You agree that by accepting these Terms, you and the Company are each waiving their respective right to a trial by jury and the ability to participate in a class action lawsuit. ANY AND ALL DISPUTES RELATING TO THESE TERMS, THE COMPANY’S SERVICES, OR TO THE COMPANY IN GENERAL (INCLUDING INTERACTIONS WITH THE COMPANY, DATA, ADVERTISEMENTS AND DISCLOSURES, MESSAGES SENT TO YOU (EMAIL, TEXT, SMS, FAX OR ANY OTHER MESSAGE)), THESE TERMS AND PRIVACY POLICY WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN LOS ANGELES COUNTY, CALIFORNIA.

If you intend to seek arbitration, you must first send a written Notice of Dispute to us via certified mail at Ophelia Herself, 229 S. Mariposa Avenue # 7, Los Angeles, CA 90004-5437, United States of America describing the nature of the claim and the specific relief sough. The notice should also be e-mailed to This email address is being protected from spambots. You need JavaScript enabled to view it.. If we cannot reach a resolution within 30 days after our receipt of the Notice of Dispute, then you or we can commence arbitration with the American Arbitration Association. The arbitration shall be conducted under the Rules of the American Arbitration Association. We will pay any filing fees in excess of what you would have had to pay for filing a lawsuit in state or federal court (whichever is greater) in the judicial district where you reside. The arbitrator’s judgment shall be final, non-appealable, and binding, and the judgment shall be enforceable in state or federal court. Each Party shall be responsible for their own fees and costs for their attorneys and expert witnesses. The arbitrator may only award money or equitable relief to the extent necessary to provide relief warranted for the Party’s claim.

ENTIRE AGREEMENT

The Terms, our Privacy Policy and the Licensing Agreement constitute the sole and entire agreement between you and us regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platforms.

SEVERABILITY

If any portion or provision of these Terms is found to be invalid or unenforceable, the remaining portions and provisions shall remain in full force and effect.

GENERAL PROVISIONS

The Terms shall be binding on, inure to the benefit of, and be enforceable against the Parties and any respective successors and assigns. You may not assign any rights or obligations under these Terms to a third party without express written consent from us.

CHANGES TO THE TERMS

We reserve the right to modify these Terms at any time and without prior notice. If we decide to change our Terms, we will conspicuously post a link to the updated Terms in places on our website that we deem appropriate. By continuing to our Platforms, you hereby consent to any such changes.

CONTACT US

Project Ophelia Herself
229 S. Mariposa Ave., Apt. 7
Los Angeles, CA 90004-5437