Web Services User Agreement

Please read this Web Services User Agreement (“Terms”) carefully before using the Web Services (defined below). You agree to these Terms when you access or use the Web Services. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE WEB SERVICES.

In these Terms and Conditions, Detay-1 İnşaat San. Ve Tic. Ltd. Şti. and its subsidiaries may be collectively referred to as “Sera Lake Center Hotel – Spa & Restaurant” or “we”. These Terms constitute the contractual agreement between you (“You”) and Sera Lake Center Hotel – Spa & Restaurant regarding your use of the services (Web Services) covered by these Terms. These Web Services Terms of Use apply to each of our other brands below: Sera Lake Center Hotel – Spa & Restaurant

Web Services include our websites, mobile websites, downloadable or pre-installed software applications (including, but not limited to, desktop, mobile and tablet applications, content and blog posting services, chat rooms, message boards, text/SMS messaging, email messaging, alert products, and the delivery of our content to you upon your request), and other Internet-connected or wireless tools we use to provide you with content or receive content from you. You should print a copy of these Terms for your records.

IMPORTANT NOTICE: These Terms contain certain Disclaimers and Limitations on Our Liability and a binding Arbitration Clause and Class Action Waiver, which includes a waiver of your rights to sue in a court of law or trial by jury for disputes in connection with your use of the Web Services. These are set out in Clauses 10 and 11 below. These terms apply only to the provision and use of the Web Services and your conduct with respect to those services. They do not apply to memberships, products, services and other items provided by the Web Services. These are governed by their own Terms and Conditions. Please read these terms carefully and make sure you understand them before you continue to use the Web Services. If you do not agree to these terms, please do not use the Web Services to access our memberships, products and services

Your failure to enforce or comply with these Terms may result in the immediate suspension or termination of your access to the Web Services, among other remedies.

CHANGES TO THE TERMS OF USE AND/OR WEB SERVICES

Please note that we may update and change these Terms from time to time. All changes will be effective as soon as they are posted by us and will apply to all access to and use of the Web Services thereafter. However, no changes to the Arbitration and Governing Law clauses will apply to any dispute of which the parties have actual notice on or before the date the change is posted.

We reserve the right to modify or discontinue any of the Web Services or any aspect or feature of the Web Services at any time and without notice. From time to time, we may limit access by users (including registered users) to the Web Services or any portion thereof in accordance with applicable law and any additional terms applicable to a particular Web Service.

PRIVACY

When you use any of the Web Services, you agree to the terms of our Privacy Notice as set out in it: Privacy Notice

PURCHASES MADE THROUGH WEB SERVICES; OTHER TERMS AND CONDITIONS

Additional terms and conditions may apply to purchases of products and services and to certain parts or features of the Web Services, such as Reservations, Rewards programs or other similar features, all of which are hereby made a part of these Terms by this reference. You agree to comply with these other terms and conditions, including, where applicable, representing that you are of legal age to use or participate in such service or feature. In the event of a conflict between these Terms and the terms posted or applicable to a particular section of the Web Services or any service offered on or through the Web Services, your use of that section or particular service will be governed by the latter terms.

LINKS TO THIRD PARTY SITES

The Web Services may allow you to link to other websites or applications that may or may not be affiliated with the Web Services and/or us. These other linked websites or applications, including those offered by our third-party service providers, advertisers, vendors, partners, sponsors and/or licensors (collectively, “Providers”), may have different terms of use that are not identical to these Terms. Your access to and use of such linked websites and third-party applications and any communications or transactions you may enter into therein will be governed by the terms of use and policies of such websites and applications and not by these Terms. We provide links to third party websites and applications only for your convenience and information and you use them at your own risk.

Except as otherwise provided in these Terms or where you have obtained our express written consent, you may not hyperlink to the Web Services or provide any link that expresses or implies that your website is sponsored or endorsed by us.

USE OF THE WEB SERVICES AND INTELLECTUAL PROPERTY RIGHTS

We control and operate (ourselves and/or through our third party server) the Web Services. All content, including but not limited to text, images, illustrations, graphics, logos, digital downloads, data, software, headers, icons, text, audio clips and video clips (“Content”) made available through the Web Services is our property or the property of our Providers and is protected by copyright, trademark, service mark and/or other intellectual property rights (governed by applicable copyright laws and treaty provisions, privacy and publicity laws, and communications regulations and laws of the United States and around the world). Content is owned and controlled by us or our affiliates or by Providers who have licensed or otherwise provided us with the right to market their content or products and/or services. Content made available through the Web Services is for your personal, non-commercial use only and may not be used in any manner that is likely to cause confusion to our customers, other users of the Web Services, or the general public. You agree to comply with any additional copyright notices, information or limitations contained in any Content. You may download or make a single copy of Content from the Web Services for your personal, non-commercial use only in accordance with these Terms, provided that you retain all copyrights and other notices contained in such Content.

Except as otherwise set forth above or as otherwise permitted as fair use under Copyright Law, you may not copy, reproduce, duplicate, republish, republish, upload, post, transmit, distribute, sell, and/or use the Content in any way (including by e-mail or other electronic means) for commercial purposes without our or the Providers’ prior written consent.

You may not use any registered or unregistered trademarks, service marks, copyrighted materials or other proprietary information or intellectual property, including, but not limited to, any logos, images or characters appearing on the Web Services, and including any superscripts or similar code or hidden text or elements containing such information or ownership, without the express written consent of such trademark or copyright owner. You may not place any of our trademarks, service marks, copyrights, logos, images, text or other proprietary information or intellectual property in any particular frame or incorporate any of the Content or materials from the Web Services into any other website or application without our prior express written consent. You may not deep link to any page or portion of the Web Services without our prior written consent.

The Web Services may not be used by children. No one under 18 years of age may provide personal information or use the Web Services.

RESPONSIBILITIES OF THE USER

Any threatening, offensive, harassing, defamatory, libelous, obscene, embarrassing, inflammatory, sexually oriented, pornographic or religiously derogatory material, content or images or any other images that may be considered vulgar, indecent, excessively violent or otherwise offensive, You warrant and represent to us that you will not use the Web Services for any purpose that is unlawful, illegitimate or prohibited by these Terms, including, but not limited to, posting, publishing, transmitting, displaying, distributing or knowingly receiving or searching for content or messages. If you breach any of these Terms, your permission to use the Web Services will terminate immediately without any notice requirement. We reserve the right to deny access to any of them at our sole discretion for any legally permissible reason, including breach of these Terms.

You are solely responsible for the content, accuracy and your use of User Information as defined herein, and we act only as a passive agent for you to post User Information online. As used in these Terms, “User Information” means any information or data you submit to or through the Web Services and any information or data generated as a result of your use of or access to the Web Services. Special rules and/or limitations may apply to your Identifying Information. For more information about these special rules and/or limitations, please review our Privacy Notice.

If you are provided with user identification numbers or codes, confirmation numbers, login credentials and/or passwords (as applicable) (collectively, “Login Information”) while using the Web Services, you keep such Login Information confidential and agree not to distribute or disclose it to third parties. It is your responsibility to notify us if we need to change or terminate any of your Login Information. It is also your responsibility to notify us immediately if you know or believe that such Login Information is or may have been subject to a breach of confidentiality. We may suspend or terminate your access to the Web Services if we believe there has been a breach of the Terms.

You agree to provide true, accurate, current and complete User Information. If you provide User Information that is untrue, inaccurate, not current or incomplete (or if we have reasonable grounds to suspect that such User Information is untrue, inaccurate, not current or incomplete), we have the right to suspend or terminate your access and activity and refuse any and all current or future use of the Web Services.

PROHIBITED ACTIVITIES

You are specifically prohibited from using the Web Services to do any of the following, and you agree not to use or permit others to use the Web Services to do any of the following: (a) take any action that unreasonably or unduly burdens the infrastructure or resources of the Web Services, including, without limitation, sending or supporting the distribution of “spam,” “junk mail,” chain mail, or other unsolicited or illegal bulk e-mail techniques, or that results in the loss of valuable time; (b) disclose or share your Login Information to any unauthorized third party for any unauthorized purpose or otherwise allow or facilitate others to access our information technology systems, environments, networks, files, data or accounts through the use of your Login Information; (c) access or attempt to access our information technology systems, environments, networks, files, files or accounts (including access to data not intended for you) or log into a server or account to which you do not have permission to access without express authorization; (d) attempt to decrypt, disassemble, decompile, decompile, modify, modify, remove or reverse engineer any software or HTML code that constitutes or in any way forms part of the Web Services; (e) any program, script, command, virus, worm, worm, web bug, malicious code, Trojan horse, other contaminants, and other means, including, but not limited to, “denial of service” attacks, “choking” networks, deliberate attempts to overload a service or overload a service’s resources, attempts to “crash” a server, and/or methods including, but not limited to, modifying or redirecting any Content or services provided through the Web Services, (or attempt to interfere with, disrupt, interrupt, interfere with or damage (or attempt to interfere with, disrupt, interfere with or damage) the use or operation of our affiliated or associated entities’ or Providers’ systems, equipment or applications, or the service to any user, server or network in any unauthorized manner; (f) attempt to circumvent or disable system or network security (authentication) mechanisms or otherwise attempt to breach the security of any system, network or account connected to or used in connection with the Web Services; (g) upload, post, email or otherwise transmit any User Information, Content or proprietary materials that you are not authorized to transmit under these Terms, any law or other contractual or fiduciary relationship (h) violate any applicable local, state, national or international law; and (i) use any robot, spider, intelligent agent, metasearch or other automated device or manual process to search, monitor or copy pages of the Web Services or Content without our prior written consent; provided, however, that generally available third party web browsers such as Microsoft Internet Explorer® may be used without such consent.

INFORMATION PUBLISHED ON WEB SERVICES

With respect to any User Information that you choose to post in publicly accessible areas of the Web Services, you agree that we have the right to use, reproduce, copy, modify, publish, distribute, create derivative works of, present and display such User Information (in whole or in part) worldwide, without notice or compensation to you, provided that such use complies with the terms of our Privacy Statement.

You acknowledge and agree that we may retain User Information and may also disclose User Information if we have a good faith belief that such retention or disclosure is reasonably necessary, or if we are required by law to do so, to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Information violates the rights of third parties; or (d) protect the rights, property, or personal safety of our business, employees, Providers, affiliated or related entities, users, and/or the public.

ELECTRONIC COMMUNICATIONS

When you visit the Web Services or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically by e-mail or by posting notices on the Web Services. To the maximum extent permitted by law, you agree that all terms, notices, disclosures and other communications we provide to you by such electronic means satisfy the legal requirement that such communications be in writing.

DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY AND INDEMNIFICATION

Warranty Disclaimer. We take reasonable steps to provide secure, timely, accurate and complete information on the Web Services. However, there is a possibility that the information contained or made available on the Web Services may be inaccurate or out of date. In addition, the Internet is subject to inherent risks and we cannot guarantee that your access to or use of the Web Services will be uninterrupted or error-free or that the Web Services will be free from loss, corruption, attack, interference, hacking or other breach of security.

If you notice any errors or omissions in the information contained in the Web Services or have any other concerns, please notify us for review.

THE MATERIALS AND INFORMATION PROVIDED ON THE WEB SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO WEB SERVICES, CONTENT OR HYPERLINKS TO OTHER INTERNET RESOURCES, PROPRIETARY RIGHTS, MARKETABILITY, NO WARRANTIES OF ANY KIND, WHETHER IMPLIED, EXPRESS OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS.

Limitation of Liability. Sera Lake Center Hotel – Spa & Restaurant, its parent companies, subsidiaries, affiliates, officers, directors, employees and agents (“Sera Lake Center Parties”) shall not be liable for any damages or losses of any kind arising out of or in connection with your use of the Web Services or any information provided to the Web Services, including, without limitation, damages arising out of your reliance on the accuracy or timeliness of information provided on the Web Services or your provision of User Information to the Web Services; provided, however, that the foregoing provision shall not extend to damages for bodily injury, loss of or damage to personal property, or unauthorized use or disclosure of personally identifiable information, arising out of the Sera Lake Center Parties’ negligence, gross negligence, wantonness, fraud or other willful, wanton, wanton or willful misconduct. Nothing herein shall limit a consumer’s clearly established legal right to recover attorneys’ fees or any other remedy provided by statute or other law.

MESSAGE BOARDS

If we provide message boards, web logs or blogs or discussion forums (“Forums”) on the Web Services, you agree to use the Forums on a non-commercial basis for your personal purposes only. You will not distribute or otherwise post any material that contains any solicitation of funds, advertisements or written requests for goods and services without our express consent. You agree that all uploaded content may be republished without compensation to you or any other person or entity. You further warrant that you have all necessary rights and permissions to post all uploaded materials and that all copyrights in the uploaded materials have been waived. While we do not and cannot review every message posted by you or any other user in the Forums, and are not responsible for such messages, we reserve the right (but are not obligated) to delete, move or edit any messages that we believe in our sole discretion are abusive, defamatory, obscene, violate privacy, copyright and trademark laws, violate these Terms, or are otherwise unacceptable. We do not verify any User Information posted on the Web Services.

You agree that you must evaluate and bear all risks associated with the use of any messages or other Content posted by other users of the Web Services.

LOCATION-BASED SERVICES

Your device may be location-enabled, meaning that the device can access Content or services that utilize the user’s location through technologies such as Global Positioning Satellite (“GPS”), wireless network location or other location technologies. If the Web Services use location-based API for real-time route guidance (including, but not limited to, third-party turn-by-turn route guidance and other routes delivered through a sensor), YOU USE SUCH REAL-TIME ROUTE GUIDING APPLICATION AT YOUR OWN RISK. LOCATION INFORMATION MAY NOT BE ACCURATE.

OTHER GENERAL PROVISIONS

These Terms inure to the benefit of each of us, our affiliated or connected entities and Providers and each of us and their respective senior officers, directors, employees, affiliates, agents or any other person or entity involved in the creation, production, distribution and/or provision of the Web Services. Each of these persons or entities will have the right to assert and enforce these Terms on its (or their) behalf directly against you. Our failure to act in the event of a breach by you or anyone else shall not constitute a waiver of our right to act in the event of subsequent or similar breaches.

If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck out and the remaining provisions will remain in full force and effect. Headings are provided for reference purposes only.

You and we act independently and establish a commercial relationship. We are not your agent or attorney-in-fact. Our hotel and many of the facilities are independently owned and operated by independent concessionaires and licensees. In these cases, these concessionaires and licensees manage and operate the properties and are the employer of all employees and contractors working on the properties. These concessionaires and licensees are independent contractors and no agency, partnership, joint venture, employee-employer or concessionaire-concessionaire relationship is intended or created by these Terms.

The terms and conditions of these Terms and each obligation referenced herein constitute the entire agreement between us (including the Providers), our affiliated and associated organizations and you with respect to the subject matter hereof and supersede all prior agreements and understandings not contained herein.

If you have any questions or concerns regarding the Web Services or these Terms, please contact us at Sera Lake Center Hotel – Spa & Restaurant Dürbinar Mah. Atatürk Bulvarı. No:3 Akçaabat/TRABZON