Opus Inc., a technology corporation (“Opus”), operates the web site www.opus.travel (the “Site”) and provides the services offered through the Site and the related mobile applications (the “Services”). The services are hosted in Turkey. This Terms of User Agreement constitutes the terms and applies to your use of the services.
By accessing our Site and using our services, whether you are a ‘member’ (which means you are connecting through your account or Facebook connect) or a ‘visitor’ (which means you’re browsing the services through the Site or the mobile applications without registering to your own account), you are accepting the Terms and therefore bound by this agreement. The visitor and the member are both defined as ‘User’ in this agreement.
You are authorized to use the Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations ("Applicable Law") and the terms of this Agreement. In addition, in consideration for becoming a Member and/or making use of the Services, you must indicate your acceptance of this Agreement during the registration process. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.
Opus reserves the right to modify this Agreement from time to time, and each such modification shall be effective upon posting on the Services. All material modifications will apply prospectively only. Your continued use of the Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Services immediately.
1. Eligibility
Use of the Services and registration to be a Member for the Services ("Membership") is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Services does not violate any Applicable Law.
2. Term
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Services or are a Member.
3. Termination
You may terminate your Membership at any time, for any reason, by contacting us. By choosing to terminate your Membership, you acknowledge and expressly agree that all of your profile content, photos and other information may be irrevocably deleted. Opus may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, we reserve the right, in our sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages between you and other Users), or to deny, restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect.
4. Registration
In order to access some parts of the Services, you are required to connect using an authentication service such as Facebook connect and accept the terms that authentication service provides for the connection as well as these terms.
5. Use by Members
The Services are for the personal use of Members and may only be used for direct commercial purposes if they are specifically endorsed or authorized by Opus. We reserve the right to remove commercial content in our sole discretion. Illegal and/or unauthorized use of the Services, including, without limitation, collecting User information by electronic or other means for the purpose of sending unsolicited email, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed without notice or explanation and may result in termination of Membership privileges. We reserve the right to take appropriate legal action for any illegal or unauthorized use of the Services.
6. Proprietary Rights in Content
By posting any Content on, through or in connection with the Services, you license your content under a Creative Commons Licence - details are found here: http://creativecommons.org/licenses/by-sa/3.0/
7. Content Posted
Please choose carefully the information that you post on, through or in connection with the Services and that you provide to other Users. You may not post any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other Users may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Opus assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact us immediately. Opus may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in our sole judgment violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. We assume no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time we choose, in our sole discretion, to monitor the Services, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on, through or in connection with any of the Services, and any material or information that you transmit to other Members and for your interactions with other Users.
8. Content/Activity Prohibited
The following are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with the Services. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision. Prohibited Content includes, but is not limited to, Content that, in our sole discretion: (a) is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) exploits people in a sexual or violent manner; (d) contains nudity, violence, or offensive subject matter or contains a link to an adult website; (e) solicits or is designed to solicit personal information from anyone under 18; (f) publicly posts information that poses or creates a privacy or security risk to any person; (g) constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (h) constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work; (i) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming"; (j) contains restricted or password only access pages or hidden pages or images; (k) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities; (l) solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users; (m) involves commercial activities and/or sales without prior written consent from Opus such as contests, sweepstakes, barter, advertising, or pyramid schemes; (n) includes a photograph or video of another person that you have posted without that person's consent; or (o) violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person; or (p) violates our Community Guidelines including, without limitation, reviews, comments or other Content regarding any business that is (i) fake or defamatory, (ii) traded with other businesses, (iii) written by any owner, employee or other agent of the reviewed business, or (iv) for which you were compensated for writing, directly or indirectly, by the reviewed business, its affiliates or agents.
9. Protecting Copyrights and Other Intellectual Property
Opus respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. You can post content with a Creative Commons license but you need to give proper attribution.
10. Privacy
Use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
11. Disclaimers
Opus is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted through or in connection with the Services, by Users of the Services, and such User Content does not necessarily reflect the opinions or policies of Opus. In addition, Opus is not responsible for any damage, injury or loss caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. Web pages or profiles created and posted by Members on, though or in connection with the Services may contain links to other websites or services. Opus is not responsible for the Content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by Opus. Inclusion of any linked website or service on the Services does not imply approval or endorsement of the linked website or service by Opus. When you access these third party sites and services, you do so at your own risk. Opus takes no responsibility for third party advertisements that are posted on, through or in connection with the Services, nor does it take any responsibility for the goods or services provided by these third parties. Opus is not responsible for the conduct, whether online or offline, of any User of the Services. Opus assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Opus is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including, without limitation, any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Opus be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Services, attendance at any event, from any User Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and Opus expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Opus cannot guarantee and does not promise any specific results from use of the Services.
12. Limitation on Liability
In no event shall Opus be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, lost profit damages arising from your use of the services, even if Opus has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Opus’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Opus for the services.
13. Disputes
The Agreement shall be governed by, and construed in accordance with, the laws of the Republic of Turkey, without regard to its conflict of law provisions. You and Opus agree to submit to the exclusive jurisdiction of the state located in Turkey to resolve any dispute arising out of the Agreement or the Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
14. Indemnity
You agree to indemnify and hold Opus, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, directors, agents, partners, employees and volunteers, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement, arising from a breach of this Agreement or any breach of your representations and warranties set forth in this Agreement, or any Content that you post on, through or in connection with the Services.
15. Other
This Agreement is accepted upon your use of the Site or any of the Services and is further affirmed by you becoming a Member. Your agreement with Opus will always include this Agreement at a minimum. Your access and use of certain Services may require you to accept additional terms and conditions applicable to such certain Services, in addition to this Agreement. The failure of Opus to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
To contact us regarding any questions about this Agreement, please complete the form on the "Contact Us" page.
Privacy Policy
This privacy statement discloses the privacy practices of Opus Inc., the website located at www.opus.travel (the "Site"), related services and other websites owned or operated by Opus, Inc. and its corporate affiliates (collectively, the "Service").
What Information We Collect
The types of information that we collect fall under two general categories: personally identifiable information (PII) and non-personally identifiable information (non-PII). PII consists of any information, which can be used to specifically identify you as an individual, whereas non-PII consists of aggregate information or any information that does not reveal your identity. The following sections describe how your PII and non-PII are collected by us, and how we use such information.
How We Collect and Use Information
Log Files
Any time you visit the Site, our servers automatically gather information from your browser (such as your IP addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks). This information may be used to analyze trends, administer the site, prevent fraud, track visitor movement in the aggregate, and gather broad demographic information. We do not share this information externally.
Cookies
We use "cookies" to keep track of some types of information while you are visiting the Site or using the Service. Cookies are very small files placed on your computer, and they allow us to count the number of visitors to our website and distinguish repeat visitors from new visitors. They also allow us to save user preferences and track user trends. We rely on cookies for the proper operation of our website; therefore if your browser is set to reject all cookies, the Site will not function properly. Users who refuse cookies assume all responsibility for any resulting loss of functionality.
Google Analytics
We use Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses cookies to help us analyze how users use the Site. The information generated by the cookie about your use of our website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on website activity for our use and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. As stated above, you may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of the Service. By using the Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Information About You
When you register for the Service, we collect a variety of information about you to complete your online profile. Except as otherwise stated in this privacy statement, we do not disclose your PII to other users of the Service. If you choose to connect your Opus account with Facebook or any other service, we will receive and retain basic account registration data you provide to that service, such as name, email address, user ID and profile page URL. We may also receive and display content relevant to your use of the Service from activity feeds or other information from Facebook and other linked services, including the contents of your "Wall," status updates, comments, photos and location "check-ins" to the extent you grant us access to such information from those services.
Disclosure of Your Information to Third Parties
Disclosure By Law. You acknowledge and agree that we may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend the rights or property of the Company or a third party; or (3) protect someone's health or safety.
Third-Party Advertising
We may use third-party advertising agencies or other service providers to serve ads on the Site on behalf of Opus, Inc. or third-party advertisers (e.g., retailers of goods or services). These companies may employ cookies and web beacons to measure advertising effectiveness. Any information that these third parties collect via cookies and web beacons is completely anonymous. Some of these third-party advertising agencies may be members of the Network Advertising Initiative, which offers you the option to opt out of ad targeting from its member agencies by following the procedures listed here. We will only share your information with third parties in the ways defined in this privacy statement.
Age Restrictions
Our age restrictions for the Service are set forth in the Terms of Use Agreement. We do not target our sites or services to children under the age of 13, and in compliance with the Children's Online Privacy Protection Act, any information we may receive from users we believe to be under the age of 13 will be purged from our database.
Security
We have security measures in place to protect the loss, misuse and alteration of the information stored in our database. We will exercise reasonable care in providing secure transmission of information between your computer and our servers, but given that no information transmitted over the Internet can be guaranteed 100% secure, we cannot ensure or warrant the security of any information transmitted to us over the Internet and hence accept no liability for any unintentional disclosure.
Links to Other Sites
We are not responsible for the privacy practices or the content of other websites that may be linked to this site or of any third party advertisers.
Contacting the Website
If you have any questions about this privacy statement, the practices of this site, or your dealings with us, you can contact: feedback@opus.travel
Acceptance of Privacy Statement
Your use of our website(s), including any dispute concerning privacy, is subject to this privacy statement and the accompanying Terms of Use Agreement. BY USING OUR WEBSITE, YOU ARE ACCEPTING THE PRACTICES SET OUT IN THIS PRIVACY STATEMENT AND THE TERMS OF USE AGREEMENT. If we decide to change our privacy policy, we will post those changes to this privacy statement page and any other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, or by other means, such as email, at our discretion. Your continued use of any portion of the site following posting of the updated privacy statement will constitute your acceptance of the changes.
Effective Date
This privacy statement was last revised on March 05, 2016.