Opus Media Player is designed to be used with users’ own created content or created playlists with legal content. Opus Media Player does not endorse the streaming of copyright protected material without permission of the copyright holder. We expeditiously act on any copyright complaint and may suspend or terminate your account. Opus Media Player Application only displays the content added by the User and plays the User Content in the player. Opus Media Player does not provide any content or playlists. Opus Media Player can play extensions such as 3g2, 3gp, 3gp2, 3gpp, amv, asf, avi, divx, drc, dv, f4v, flv, gvi, gxf, webm, wm, wmv, wtv, xesc, m1v, m2v, m2t, m2ts, m4v, mkv, mov, mp2, mp2v, mp4, mp4v, mpe, mpeg, mpeg1, mpeg2, mpeg4, mpg, mpv2, rec, rm, rmvb, tod, ts, tts, vob, vro, Live stream IPTV support. Opus Media Player allows the users to load content (local data) from their device or play the playlist available at Xtream Codes API. In addition to this, the users can also load single streams from the URLs they enter in the play a single stream option. Opus Media Player Application means the mobile application available on the Apple Store, Google Play Store and on the web page of the Opus Media Player.
Thanks for choosing Opus Media Player (“Opus Media Player”, “OPUS”, “we”, “us”, “our”). Opus Media Player provides an advanced Media Player mobile application for the Android and iOS platforms for playing your own content i.e. photos, videos and streams.
By installing or otherwise using the Opus Media Player mobile application, websites and user interfaces, (collectively, “Opus Media Player”) that is made available through our Website, Play Store, App Store or otherwise available to you, you understand and agree you have entered into a binding contract with Opus Media Player.
In order to use the Opus Media Player and access any Content, you need to (1) be 18 years or older, or be 13 years or older and have your parent or guardian’s consent to the Agreements, and (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable or governing laws. You also promise that any registration information that you submit to Opus Media Player is true, accurate, and complete, and you would notify Opus Media Player in case of a change in any information so provided.
CHANGES TO THE AGREEMENTS
Occasionally we may make changes to the Agreements. When we make material changes to the Agreements, we may provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Application or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Opus Media Player after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using our Application under the new version of the Agreements, you may terminate your account by contacting us.
Opus Media Player MOBILE APPLICATION
Opus Media Player is available for free and you can only watch your own content i.e. photos, videos and streams without any costs just for 1 minute. For the unlimited usage, please purchase any paid plan that provided by Opus Media Player. It is important to note that we do not provide any content whatsoever.
Technical issues could occur in technology products and we may interrupt the access to Opus Media Player for any maintenance or improvements to the player. You may be notified of such upgrades or maintenance by Opus Media Player.
You may purchase our paid version of Opus Media Player by paying a fee in advance on a monthly basis or some other recurring interval basis disclosed to you prior to your purchase/subscription of paid version of Opus Media Player. We may change the price for the paid version from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Subject to applicable law, you accept the new price by continuing to use the Opus Media Player after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.
By purchasing or subscribing to the paid version of the Opus Media Player, you will be having the privilege to unlock, access and use following features in addition to the features included in the Basic Version:
- Unlimited watch your own content
- Share your playlist up to 5 family members/friends
RENEWAL; CANCELLATION OF PREMIUM VERSION
You hereby understand and agree that your subscription and payment to Opus Media Player for the paid version will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period by going to the account section within in the mobile application and cancelling the subscription to the paid version. The cancellation will take effect the day after the last day of the current subscription period. In consonance with industry standards, we do not provide refunds or credits for any partial subscription periods.
DELETE USER DATA AND ACCOUNT
To delete your user generated data and Opus account; please follow the path below:
- Go to Settings
- Tap Legal
- Tap Delete my account and data
INTELLECTUAL PROPERTY RIGHTS
The Opus Media Player is the property of BIEL LLC. We own exclusive Intellectual Property to our player and any trademarks, patents, copyrights and proprietary code therewith. We grant you limited, non-exclusive, revocable permission to use the Opus Media Player to play your own content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or Opus Media Player. We may terminate your Access on grounds of any complaint alleging your infringement of intellectual property rights of others. All Opus Media Player’s trademarks, trade names, logos, domain names, and any other features of the Opus Media Player brand (“Opus Media Player Brand Features”) are the sole property of Opus Media Player or its licensors.
4.1 COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
The User acknowledges and agrees that Opus Media Player is the sole owner of all copyrights and intellectual property rights regarding Opus Media Player worldwide, regardless of whether or not said copyrights and intellectual property rights are registered in any given region.
All copyrights and intellectual property rights regarding the content created by Opus Media Player in relation to the mobile application are the property of Opus Media Player.
Any copyrights and intellectual property rights for content related to Services that are not created by Opus Media Player and/or are offered/provided by other companies or parties are the property of their respective owners.
The User guarantees that he or she has the requisite copyrights or permission to the content they wish to play using the Opus Media Player mobile application.
The User agrees not to modify, rent, lend, sell, or otherwise alter or distribute any content, nor create any derivative works based on said content, unless they have been explicitly authorized in writing by the respective copyright owner to do so.
The User acknowledges that he or she is solely responsible for protecting and enforcing his or her copyrights for content displayed or viewed through the use of Application, and agrees that Opus Media Player has no obligation or responsibility to protect these rights on behalf of the User.
Opus Media Player shall not be liable for your usage of the player that results into violation of copyrights of any person, company or any entity for merely providing transmission, routing, or providing connections for, content that you seek to play through the Application. Opus Media Player does not seek for you to initiate any stream, access any content etc. It is in your sole discretion that you choose the player to access, load, stream content that you decide to so do.
Except for the rights expressly granted to you in the Agreements, Opus Media Player grants no right, title, or interest to you in the Opus Media Player mobile application.
You are solely responsible for all the Content that you play or stream or access. Opus Media Player is not responsible for Content you access nor does it endorse any opinion contained in any Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST Opus Media Player OR ITS AFFILIATES, RELATED TO USER CONTENT THAT YOU ACCESS, THEN, YOU ARE ONLY SOLELY RESPONSIBLE FOR THE CONTENT YOU ACCESS AND NOT Opus Media Player AND TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD Opus Media Player HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
### RIGHTS YOU GRANT US
In consideration for the rights granted to you under the Agreements, you grant us the right to allow the Opus Media Player to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Application,
If you provide feedback, ideas or suggestions to Opus Media Player in connection with the Opus Media Player (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Opus Media Player to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
Opus Media Player respects all laws and agreements and intellectual property rights and expects you to do the same. You must follow these rules and should encourage other users to do the same. The following is not permitted for any reason:
- Using the Application for doing anything that is illegal or which may be deemed illegal in the territory where you are using our Application.
- Using the Application for watching, streaming, broadcasting, publicly making available, performing, displaying to the public, recording, transferring, reproducing, copying, or redistributing content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) of Opus Media Player, any person or any entity.
- Transferring copies of cached third-party Content from an authorized Device to any other Device via any means;
- Reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Opus Media Player Application or any part thereof except to the extent permitted by applicable law;
- Circumventing any technology used by Opus Media Player, its licensors, or any third party to protect the Application;
- Selling, renting, sublicensing or leasing of any part of the Opus Media Player Application;
- Circumventing any territorial restrictions applied by Opus Media Player or its licensors;
- Removing or altering any copyright, trademark, or other intellectual property notices contained on the Application or provided through the Application (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
- Providing your password to any other person or using any other person’s username and password;
- “Crawling” the Opus Media Player Application or otherwise using any automated means (including bots, scrapers, and spiders) to view, access or collect information from Opus Media Player or the Opus Media Player Application
- Selling a user account or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or the content included on an account or playlist; or
- Artificially promoting Content by automated means or otherwise.
Please respect Opus Media Player, the owners of the Content, and other users of the Opus Media Player Application. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
- is offensive, abusive, defamatory, pornographic, threatening, or obscene;
- is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of Opus Media Player or a third party;
- includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
- includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Application;
- is intended to or does harass or bully other users;
- impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;
- involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Opus Media Player;
- links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Opus Media Player;
- interferes with or in any way disrupts the Opus Media Player Application, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Opus Media Player Application, or any of Opus Media Player’s security components, authentication measures or any other protection measures applicable to the Application, or any part thereof; or conflicts with the Agreements, as determined by Opus Media Player.
- You acknowledge and agree that posting any User Content that violates these User guidelines (or that Opus Media Player reasonably believes violates these User guidelines) may result in immediate termination or suspension of your Opus Media Player account. You also agree that Opus Media Player may reclaim your username for any reason.
- Opus Media Player has no responsibility for your choices to view/watch material on the Application or the content you watch on the Opus Media Player Application.
### INFRINGEMENT AND REPORTING USER CONTENT Opus Media Player respects the rights of intellectual property owners and acts expeditiously on any complaints relating to copyrights violations. In this regard a specific Copyright Infringement Redressal Policy has been set up which can be accessed here. If you believe that any Content infringes your intellectual property rights or other rights, please contact Opus Media Player and notify us at email@example.com. Opus Media Player may in its sole discretion suspend the account of such users from the Application, or take other steps that Opus Media Player deems appropriate, without prior notification to the user or other party who supplied or posted that Content. If such user or other party believes that the Content is not infringing, he or she may in certain circumstances submit a counter-notification to Opus Media Player with a request to restore their disabled account, which Opus Media Player may or may not honour, in Opus Media Player sole discretion. For Copyright complaints, please use our copyright complaint policy at here. Opus Media Player does not store any content accessed by the Users or keep cached files, or has any interaction with the content so posted by the Users. Therefore, the only remedy in cases of a copyright violation for Opus Media Player is the removal of account that accessed such copyrighted content or a warning towards removal of such account whatever Opus Media Player deem fit.
SERVICE LIMITATIONS AND MODIFICATIONS
Opus Media Player will make reasonable efforts to keep the Opus Media Player Application operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. Opus Media Player reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Opus Media Player Application, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Opus Media Player Application or any function or feature thereof.
- The Company does not guarantee that the data and other information provided through the Software are accurate or will be in compliance with applicable copyright laws, except for data and information that are directly created or prepared by the Company.
- The Company is not responsible for any losses or damage incurred to the user due to the installation, use or non-use of the Software except where such losses or damages are caused by the willful misconduct or gross negligence of the Company.
- The Company is not responsible for any loss of actual or anticipated profits of the user from their use of the Software.
- The Company is not responsible for, and will not be obligated to be involved in, any disputes that arise between users and between a user and a third party in connection with their use of the Opus Media Player Application.
For customer support with account-related and payment-related questions (“Customer Support Queries”), please contact by emailing us at firstname.lastname@example.org. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.
Opus Media Player Application may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions.
You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of the Opus Media Player Application (including products derived from or based on such technology) received from Opus Media Player under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
TERM AND TERMINATION
The Agreements will continue to apply to you until terminated by either you or Opus Media Player. However, you acknowledge and agree that the perpetual license granted by you in relation to Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Opus Media Player may terminate the Agreements or suspend your access to the Opus Media Player Application at any time, including in the event of your actual or suspected unauthorized use of the Opus Media Player Application, or non-compliance with the Agreements, or if we withdraw the access to Application (in which case we shall provide you with reasonable notice in advance of doing so). If you or Opus Media Player terminate the Agreements, or if Opus Media Player suspends your access to the Opus Media Player Application, you agree that Opus Media Player shall have no liability or responsibility to you, and Opus Media Player will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time. This section will be enforced to the extent permissible by applicable law.
Sections 7, 8, 9, 11, 15, 16, 17, 18, 19, 20, 21, 22, and 23 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
YOU UNDERSTAND AND AGREE THAT THE Opus Media Player APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. Opus Media Player AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Opus Media Player DOES NOT WARRANT THAT THE Opus Media Player APPLICATION IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, Opus Media Player MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE Opus Media Player APPLICATION IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM Opus Media Player SHALL CREATE ANY WARRANTY ON BEHALF OF Opus Media Player. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
LIMITATION AND TIME FOR FILING
- The Company does not guarantee that the data and other information provided through the Application are accurate or will be in compliance with applicable copyright laws, except for data and information that are directly created or prepared by the Company.
- The Company is not responsible for any losses or damage incurred to the user due to the installation, use or non-use of the Software except where such losses or damages are caused by the willful misconduct or gross negligence of the Company.
- The Company is not responsible for any loss of actual or anticipated profits of the user from their use of the Application.
- The Company is not responsible for, and will not be obligated to be involved in, any disputes that arise between users and between a user and a third party in connection with their use of the Application.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE Opus Media Player APPLICATION IS TO UNINSTALL THE Opus Media Player APPLICATION AND TO STOP USING THE Opus Media Player APPLICATION. YOU AGREE THAT Opus Media Player HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE OR YOU ACCESS THROUGH OR IN CONNECTION WITH THE Opus Media Player APPLICATION, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO Opus Media Player, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
IN NO EVENT WILL Opus Media Player, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE Opus Media Player APPLICATION, DEVICES THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER Opus Media Player HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE Opus Media Player APPLICATION, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO Opus Media Player DURING THE PRIOR TWELVE MONTHS IN QUESTION.
YOU AGREE THAT ANY CLAIM AGAINST Opus Media Player MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION UNDER SECTION (22.2) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THIRD PARTY RIGHTS
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Opus Media Player, and in no event shall the Agreements create any third-party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Opus Media Player only, not with Apple, and Apple is not responsible for the Application and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Application. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including: (1) product liability claims; (2) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that the Application and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the Application. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Other than as stated in this section or as explicitly agreed upon in writing between you and Opus Media Player, the Agreements constitute all the terms and conditions agreed upon between you and Opus Media Player and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
SEVERABILITY, WAIVER AND INTERPRETATION
- Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
- Any failure by Opus Media Player or any third-party beneficiary to enforce the Agreements or any provision thereof shall not waive Opus Media Player or the applicable third-party beneficiary’s right to do so.
- As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”
Opus Media Player may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and Opus Media Player may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.
You agree to indemnify and hold Opus Media Player harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Opus Media Player Application; and (4) your violation of any law or the rights of a third party.
GOVERNING LAW / JURISDICTION
The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of Turkey, without regard to the choice or conflicts of law principles.
DISPUTE RESOLUTION AND ARBITRATION
You and Opus Media Player agree that any dispute, claim, or controversy between you and Opus Media Player arising in connection with or relating in any way to these Agreements or to your relationship with Opus Media Player as a user of Application (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual (not class) arbitration. You and Opus Media Player further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
NO CLASS OR REPRESENTATIVE PROCEEDINGS: CLASS ACTION WAIVER
YOU AND Opus Media Player AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Opus Media Player agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Opus Media Player’s address for Notice is: email@example.com . The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Opus Media Player may commence an arbitration proceeding.
During the arbitration, the amount of any settlement offer made by you or Opus Media Player shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.