TERMS OF SERVICE
Any use of ROOMTODO service hosted on the top-level domain http://roomtodo.com and/or integrated into the partner sites, owned by Realist Digital, means that you have read, understood and agree to the terms of the agreement below, and undertake to comply with them and be liable for their violation. The terms of this Agreement and its appendices are material and bounding on all service members.
I. General terms
1.1. The User guarantees that he is not subject to the legal restrictions on the use of online services, that he has all the necessary authority to enter into this Agreement, or obtain the necessary permits in the form required by law from his parents or legal representatives.
1.2. This Agreement, including all appendices hereto, for the sake of brevity, hereinafter shall be referred to as the Agreement. All appendices to the Agreement shall be its integral part and shall be binding on the Parties. Appendices to the Agreement shall be posted by the administration on the service website.
1.3. This Agreement may be amended or supplemented by ROOMTODO service owner - Realist Digital (hereinafter – the Owner) at any time, including by posting (publishing) its new version. The Owner shall notify the User of amending and supplementing the Agreement through the website administrator by any of the following ways: publication on ROOMTODO service website, sending a message to the User an e-mail message, posting the information message within ROOMTODO service, including through the publication of the text of amendments and supplements within ROOMTODO service. After receiving such a message, the User agrees to immediately read the amendments and supplements made to the Agreement. The User’s further participation in ROOMTODO service upon the receipt of notification of amendments and supplements to the Agreement shall be an explicit consent to them.
1.4. The User shall use ROOMTODO service at its own risk. ROOMTODO service shall be provided on an "as is" basis, i.e. the User is provided no warranty that ROOMTODO service, as well as features, capacities, services, provided within it:
а) will function without fail, continuously, error-free;
b) will meet the User’s requirements and expectations.
The Owner and website administrator shall not be liable to the User for any damage or loss caused to the User, including his computer, software or other property in connection with the use or inability to use ROOMTODO service, including in connection with the application to the User of the technical restrictions on the use of features, capacities, services within ROOMTODO service for breaching this Agreement terms, ROOMTODO service terms.
II. Rights and obligations of the Administration
2.1. Should the User breach this Agreement, the Owner of the website administrator shall have the right without prior notice to unilaterally, fully or partially, limit the functionality or the User's access to ROOMTODO service, delete all User's data, content and materials, as well as to refuse the User in the further provision of services in ROOMTODO service, with no liability for any damage that may be caused to the User by such action.
2.2. The Owner or website administrator reserves the right to fully or partially limit the functionality of ROOMTODO service for technical, technological, preventive or other reason, at its sole discretion, with or without prior notice to the Users.
2.3. All ROOMTODO service components characteristics and parameters, as well as rules of their formation, including the parameters of objects and tools, prices, exchange rates, ratings and other characteristics and parameters, may be modified by ROOMTODO service Owner or website administrator service without obligation to notify the Users, both before and after the modifications.
2.4. Materials posted in ROOMTODO service by the User breaching this Agreement or violating the current legislation, including the intellectual property laws, that are contrary to public policy, principles of humanity and morality, may be removed by ROOMTODO service website administrator without notification to the author and other Users.
2.5. The website administrator may, for collection of statistics data, monitor and save information on IP-addresses of the User's access to ROOMTODO service and use technical information files (cookies) placed on the User's PC. Should the User’s action show signs of a criminal offense, the Owner or the website administrator shall have the right to transfer the data about the User it has at its disposal, to the law enforcement agencies. In addition, the Owner or website administrator may transfer the data about the User it has at its disposal to the law enforcement agencies at the request of the latter in the cases and manner provided by law.
III. Rights and obligations of the User
3.1. The User agrees to comply with this Agreement and read the current version of the Agreement in a timely manner.
3.2. Should the User disagree with the current Agreement, the User shall stop participating in ROOMTODO service.
3.3. The User agrees not to disclose or transfer to third parties its identification data by which the authorization of the User in any part of ROOMTODO service is possible.
3.4. The User shall not examine the code, decompile or disassemble ROOMTODO service, modify ROOMTODO service, except for the content modification with the copyright holder’s permission, or create derivative works based on ROOMTODO service or parts thereof. The content modified by the User shall be subject to all the requirements of this Agreement with respect to the materials, including, but not limited to Section IV.
3.5. The User shall have the right to perform actions provide for by ROOMTODO service logic, use the technical capacities to manage objects and tools.
IV. The User is prohibited to do the following:
4.1. Use ROOMTODO service in any manner that could impede the normal operation of ROOMTODO service.
4.2. Use automated scripts for information collection or other interactions with ROOMTODO service objects.
4.3. Use the User’s contact information for the purposes of sending unsolicited information (spam).
4.4. Post in ROOMTODO service the intellectual property right items without due authorization and without the consent of the copyright holders of such items.
4.5. Post in ROOMTODO service (including during the registration) the personal information of third parties without their consent, including home addresses, phone numbers, passport details.
4.6. Post in ROOMTODO service the commercial advertising, commercial offers, campaigning information and any other intrusive information, except in cases where posting of such information is agreed upon with the Owner or website administrator.
4.7. Post in ROOMTODO service the materials humiliating or degrading the honour and dignity of other users or third parties, or links to such material.
4.8. Post in ROOMTODO service the obscene or abusive words or phrases, including their use in the User name.
4.9. Post in ROOMTODO service malware or links that contain or may contain malware.
4.10. Post in ROOMTODO service pornographic materials or links to them.
4.11. Post in ROOMTODO service the threats, incitement to violence and illegal activities, as well as links to such materials.
4.12. Post in ROOMTODO service the materials with elements of violence, cruelty, racial, ethnic or religious discord, as well as links to such materials.
4.13. Promote and demonstrate in ROOMTODO service Nazi paraphernalia or symbols.
4.14. Promote in ROOMTODO service the criminal activity, post guidelines for the commission of unlawful acts.
4.15. Post in ROOMTODO service any other information that, in the owner’s or website administrator’s opinion is undesirable, violates the standards of morality, ethics and humanity, is contrary to public policy, violates the current legislation.
4.16. Perform any other illegal or criminal acts.
V. Exclusive rights
5.1. The Owner shall hold the exclusive rights to ROOMTODO service intellectual property. All rights reserved.
5.2. The copyright to the materials placed in ROOMTODO service by the Users shall belong to the Users that created them or other legal copyright holders.
5.3. Non-exclusive rights to use in ROOMTODO service the materials that are intellectual property of the User, shall be transferred to the Owner upon posting (publishing) of these materials by the User in ROOMTODO service with no reciprocal obligation on the part of the Owner to pay the royalty or any other fee. The User shall ensure the legal basis for the transfer of non-exclusive rights to the Owner also to the materials posted by the User in ROOMTODO service and held by other copyright holders. Non-exclusive rights to use the materials shall include the right to use them in any way and in any country of the world, including to publish, distribute, modify, adapt, otherwise process, publish, create derivative works without the obligation to mention the name of the author.
5.4. It is strictly forbidden to use exceptional intellectual property right items posted in ROOMTODO service, in whole or in part, without prior written consent of the copyright holder, except as permitted herein or where the copyright holder has explicitly expressed his consent to the free use of the material by other persons.
VI. Third party websites and content
6.1. ROOMTODO service contains links to other Internet websites, as well as software, photos, video, audio, graphics and text materials owned by third parties.
6.2. Posting of the links to third party websites or content in ROOMTODO service does not imply endorsement, approval or recommendation of those websites or content by the Owner or website administrator.
6.3. The owner or website administrator shall not be liable for any third party content posted in ROOMTODO service or on third-party websites accessible by links from ROOMTODO service, including, but not limited to, any opinions or statements.
6.4. The User shall follow the links to third party websites, install third party software or use third party content otherwise at his own risk.
6.5. This Agreement shall not apply to any third-party software, content or websites.
VII. Liability of the Parties
7.1. The User shall be solely liable for any materials or other information posted by him in ROOMTODO service or otherwise communicated to the other Users, or made publicly available.
7.2. The User shall be liable to the Owner and third parties for failure to comply with the terms of this Agreement.
7.3. The User shall indemnify the Owner and the third parties for any damages incurred in connection with his actions, including, but not limited to breach of this Agreement, copyright, exclusive or other rights.
7.4. The Owner shall not be liable in accordance with paragraph 1.4 of Section I and paragraph 6.3 of Section VI hereof.
7.5. The administration shall not be liable for the quality and speed of the User’s access to the Internet. The User should contact his communication services provider on all technical issues related to the provision of communication services.
The administration shall not be liable for any conduct of the Users or third parties, including but not limited to, theft or destruction or unauthorized access to the User’s content.
7.6. The Owner, website administrator, as well as their representatives shall under no circumstances be liable to ROOMTODO service Users or other third parties for any indirect, incidental, unintentional damage, including, but not limited to lost data, damage to honour, dignity or business reputation, loss of profits caused by the use of ROOMTODO service, its components and materials accessed using ROOMTODO service, even if the Owner or website administrator have not indicate the possibility of such damage.
7.7. The Owner or website administrator shall be released from the liability for the failure to perform obligations hereunder in full or in part if such failure is the result of force majeure, that is the circumstances that could be neither prevented nor avoided by the Parties under the given conditions, including military action, anti-terrorist operations, riots, prohibitive actions of the authorities, natural disasters, fires, accidents, as well as failures in the telecommunications and power networks, action of malware, as well as the unconscientious actions of third parties aimed at unauthorized access to or disabling of the software or hardware.
VIII. Reservation of rights
8.1. All other rights not mentioned explicitly herein shall be reserved by the Owner.
IX. Final provisions
9.1. This Agreement is a contract between the Owner and the User on the terms of the User’s participation in ROOMTODO service. This Agreement shall enter into force upon its acceptance by the User and shall be valid for an indefinite time.
9.2. The issues not covered herein shall be governed in accordance with the law of the country, which is the country of registration (incorporation) of the Owner (Ukraine). Disputes related to the conclusion, execution and termination of this Agreement shall be subject to judicial review in the country, which is the country of registration (incorporation) of the owner (Ukraine), in accordance with the substantive and procedural law of the forum country. The User hereby agrees that the country, in which he has read an invitation to enter into this Agreement, as well as the country in which he has taken action on the conclusion of this Agreement, shall be the country of registration (incorporation of) ROOMTODO service Owner.
9.3. If any provision of this Agreement becomes invalid or null and void, unenforceable under the laws of any jurisdiction, this shall not affect:
a) validity, enforceability in that jurisdiction of all other provisions of this Agreement; or
b) validity, enforceability in any other jurisdiction of all other provisions of this Agreement.