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ROOMTER.com - Terms and Conditions
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Terms and Conditions

1. DEFINITION OF BASIC TERMS

Accommodation seeker – user who looks for accommodation and creates accommodation requests
Accommodation provider – person or company who provides accommodation services through its properties and creates accommodation auctions and accommodation offers
Property listing – property's profile published on ROOMTER website in Accommodation provider list with all provided details
Featured property listing – property listing shown in first place in the list of available properties
Accommodation request – requirements for accommodation specified by accommodation seeker
Accommodation offer – offer created by accommodation provider on accommodation request based on the requirements specified by accommodation seeker
Accommodation auction – auction created by accommodation provider on accommodation
Auction winner – accommodation seeker who placed the highest bid on accommodation auction
Affiliate program – marketing program where registered users (so called Referrers) promote ROOMTER services
Referrer – person or company who promotes ROOMTER services
Referred promoter – person or company registered in Affiliate program through the other referrer registration link


2. ACCEPTANCE OF TERMS AND CONDITIONS

ROOMTER provides a collection of online resources, including various email services, (referred to hereafter as "the Service"). By using the Service in any way, you are agreeing to comply with the Terms and Conditions (referred to hereafter as "TAC"). Should you object to any term or condition of the TAC, any guidelines, or any subsequent modifications thereto or become dissatisfied with ROOMTER in any way, your only recourse is to immediately discontinue use of ROOMTER.


3. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these TAC at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TAC at:
http://www.ROOMTER.com/index.php?id=terms-and-conditions


4. CONTENT

You understand that all postings, messages, text, files, images, photos or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that ROOMTER does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the ROOMTER site and Content available through the Service may contain links to other websites, which are completely independent of ROOMTER. ROOMTER makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will ROOMTER be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.
You acknowledge that ROOMTER does not pre-screen or approve Content, but that ROOMTER shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TAC or for any other reason.


5. THIRD PARTY CONTENT, SITES, AND SERVICES

The ROOMTER site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of ROOMTER, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that ROOMTER shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that ROOMTER is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release ROOMTER, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.


6. FEES AND SUBSCRIPTIONS

ROOMTER membership is free of charge with following conditions:
Accommodation seeker registration is completely free of charge without limitations (free lifetime membership). Accommodation provider registration is free of charge as well. There are no subscription fees within the first 12 months of registration of property listing.

After 12 months from registration of property, property listing becomes disabled and invisible for other users. Property owner can later decides whether the listing of property will be extended or not. Extension periods are 6-months, 1 year and 2 years. Extension of property listing is paid according to current rates to extend listing.

Property listing may be featured. Featured property listing is charged based on the current rates to make a listing featured. Extension periods are 3-monhts, 6-monhts, 1 year and 2 years.

Payment can be made via one of the electronic payment systems (Paypal, Moneybookers or Alertpay) or via SWIFT bank transfer. After payment is received we are obliged to extend property listing or feature the property within 24 hours from payment receipt.


7. RIGHTS AND OBLIGATIONS OF ACCOMMODATION SEEKER

Accommodation seeker has right to create accommodation request anytime without limitation. After creation of accommodation request, all relevant accommodation providers are notified about new request. They can create accommodation offer.
Accommodation seeker has right but not obligation to choose one of the available offer. Once accommodation seeker accepts the offer from accommodation provider, he is obliged to contact provider directly and arrange the accommodation in details.
Accommodation seeker has right to participate in any accommodation auction as the bidder. Once the accommodation seeker's bid is highest bid at the time when auction ends, the accommodation seeker becomes winner of the auction. At this point he is obliged to contact accommodation provider to make all arrangement about accommodation.


8. RIGHTS AND OBLIGATIONS OF ACCOMMODATION PROVIDER

Every accommodation provider is after registration automatically enabled to receive email notifications about available accommodation requests created in his area. Accommodation provider has the right to disable this function anytime in section Edit profile.

Accommodation provider has right to create as many property listing as he needs.

Accommodation provider has right to create accommodation offer for every accommodation request which belongs to his area. Once offer is accepted by accommodation seeker, accommodation provider will receive the contact information of the accommodation seeker in order to make all arrangement about accommodation. Accommodation provider is obliged to offer the exact accommodation as described in the accepted accommodation offer.

Accommodation provider has right to create accommodation auction. Once the accommodation auctions ended and has the valid winner, both parties are notified via email with all contact information. Accommodation provider is obliged to provide accommodation as described in the particular accommodation auction.


9. NOTIFICATION OF CLAIMS OF INFRINGEMENT

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 notify ROOMTER for notice of claims of copyright or other intellectual property infringement, at:
http://www.ROOMTER.com/index.php?id=about-us-and-contact
Please provide us with the following Notice:
a) Identify the material on the ROOMTER site that you claim is infringing, with enough detail so that we may locate it on the website;
b) 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;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
ROOMTER will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millenium Copyright Act (DMCA).


10. PRIVACY AND INFORMATION DISCLOSURE

ROOMTER has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:
http://www.ROOMTER.com/index.php?id=roomter-privacy-policy.
Your use of the ROOMTER website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that ROOMTER may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TAC; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of ROOMTER, its users or the general public.


11. CONDUCT

You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
e) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
f) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
g) that includes links to commercial services or web sites, except as allowed in "services";
h) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
i) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
j) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service;
k) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:
l) contact anyone who has asked not to be contacted;
m) collect personal data about other users for commercial or unlawful purposes;
n) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by ROOMTER;
o) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
p) post the same item or service in more than one classified category;
r) attempt to gain unauthorized access to ROOMTER's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the ROOMTER website;
s) use any form of automated device or computer program that enables the submission of postings on ROOMTER without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.


12. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to ROOMTER email addresses or through ROOMTER computer systems, is expressly prohibited by these TAC. Such violations may subject the sender to civil and criminal penalties.


13. LIMITATIONS ON SERVICE

You acknowledge that ROOMTER may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that ROOMTER has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that ROOMTER reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that ROOMTER shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.


14. TERMINATION OF SERVICE

You agree that ROOMTER, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if ROOMTER believes that you have acted inconsistently with the letter or spirit of the TAC. Further, you agree that ROOMTER shall not be liable to you or any third-party for any termination of your access to the Service.


15. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of ROOMTER. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of ROOMTER, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

Although ROOMTER does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to ROOMTER an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant ROOMTER all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.


16. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE ROOMTER SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE ROOMTER SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, ROOMTER DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ROOMTER SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, ROOMTER DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ROOMTER SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE ROOMTER SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, ROOMTER DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE ROOMTER SITE OR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.


17. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL ROOMTER BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ROOMTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE ROOMTER SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE ROOMTER SITE OR THE SERVICE, FROM INABILITY TO USE THE ROOMTER SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE ROOMTER SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ROOMTER SITE OR THE SERVICE OR ANY LINKS ON THE ROOMTER SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ROOMTER SITE OR THE SERVICE OR ANY LINKS ON THE ROOMTER SITE.


18. FEEDBACK

We welcome your questions and comments on this document on:
http://www.ROOMTER.com/index.php?id=about-us-and-contact

Last update: October 16 2011