1. Acceptance Of Terms:
Welcome to Opus Worldwide. Opus Worldwide provides its service to you, subject to the following Terms & Conditions ("TC"), which may be updated by us from time to time without notice to you. In addition, when using particular OPUS services, you and Opus Worldwide shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TC. Opus Worldwide may also offer other services that are governed by different Terms of Service.
2. Description Of Service:
Opus Worldwide currently provides users with access to a rich collection of resources, including, content and branded programming through its network of properties. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for OPUS to provide the Service. You also understand and agree that the service may include certain communications from Opus Worldwide, such as service announcements, administrative messages and the Opus Worldwide Newsletter, and that these communications are considered part of Opus Worldwide membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new OPUS properties, shall be subject to the TC. You understand and agree that the Service is provided "AS-IS" and that OPUS assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. Your Registrations Obligations:
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of India or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or OPUS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Opus Worldwide has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child.
6. Special Admonitions For International Use:
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from India or the country in which you reside.
7. Content Submitted Or Made Available For Inclusion On The Service:
OPUS does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Opus Worldwide the following world-wide, royalty free and non-exclusive license(s), as applicable:
- With respect to Content you submit or make available for inclusion on publicly accessible areas of OPUS Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Opus Worldwide Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Opus Worldwide removes such Content from the Service.
- With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than OPUS Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Opus Worldwide removes such Content from the Service.
- With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than OPUS Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the OPUS network of properties that are intended by Opus Worldwide to be available to the general public.
You agree to indemnify and hold Opus Worldwide, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TC, or your violation of any rights of another.
9. General Practices Regarding Use And Storage:
You acknowledge that Opus Worldwide reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Opus Worldwide reserves the right to modify these general practices and limits from time to time.
10. Modifications To Service:
Opus Worldwide reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Opus Worldwide shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that OPUS may, under certain circumstances and without prior notice, immediately terminate your OPUS account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TC or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity.
12. Dealing With Advertisers:
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that OPUS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Opus Worldwide has no control over such sites and resources, you acknowledge and agree that OPUS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that OPUS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
14. OPUS Proprietary Rights:
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by OPUS or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
OPUS grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by OPUS for use in accessing the Service.
Privacy OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Opus Worldwide 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.
b. Opus Worldwide makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that 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.
d. A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the service. Immediately discontinue use of the service and consult your physician if you experience any of the following symptoms while using the service dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
1. Limitation Of Liability:
You expressly understand and agree that Opus Worldwide 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 Opus Worldwide has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
2. Exclusions And Limitations:
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 17 and 18 may not apply to you.
3. Special Admonition For Services Relating To Financial Matters:
For this type of information particularly, the phrase "let the investor beware" is apt. The service is provided for informational purposes only, and no content included in the service is intended for trading or investing purposes. Opus Worldwide and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
4. No Third Party Beneficiaries:
You agree that, except as otherwise expressly provided in this disclaimer, there shall be no third party beneficiaries to this agreement.
Opus Worldwide may provide you with notices, including those regarding changes to the disclaimer, by either email, regular mail, or postings on the service.
6. Trademark Information:
OPUS logo, Opus Worldwide Vision, corporate Opus Worldwide trademarks and service marks and other Opus Worldwide logos and product and service names are trademarks of Opus Worldwide (the "Opus Worldwide Marks"). Without Opus Worldwide prior permission, you agree not to display or use in any manner, the Opus Worldwide Marks.
7. Notice And Procedure For Making Claims Of Copyright Or Intellectual Property Infringement:
Opus Worldwide respects the intellectual property of others, and we ask our users to do the same. Opus Worldwide may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Opus Worldwide Copyright Agent the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's behalf.
Opus Worldwide Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
"OPUS Worldwide", G/3, M. Market, near Peninsula grand hotel, 90ft Rd, Andheri (East), Mumbai - 400 072.
By phone: +91 22 69464646.