1. ACCEPTANCE OF TERMS
Roomapes.com is an online resource that contains a database. This
database is a conglomeration of postings, forums, and ads; all of
which is herein referred to as either of the following “Roomapes,
LLC’s service” or simply “service”. Roomapes,
LLC welcomes you and your postings. The database of postings is
a collection of postings by third parties and are meant to provide
you, herein known as the user, with no direct or implied warranty
of any sort. By using these resources, hosted by the Roomapes.com
site, you are agreeing to the following terms, conditions, guidelines,
and any subsequent modifications thereto. Therefore by using this
site and its services, you agree to comply by all terms, conditions,
guidelines, and any subsequent modifications thereto. Please leave
this site now if you choose not to accept these conditions, guidelines
, terms, and any subsequent modifications thereto.
2. NO LIABILITY OR INDIRECT DAMAGES
Whether Roomapes, LLC has been informed of the possibility of
direct, indirect or special damages, Roomapes, LLC, under no circumstances,
shall be liable This is true regardless of whether damages arise
from use or misuse of this site or its services, or the suspension,
or modification of services. Based on court established precedence
and consultation of one of the nation’s leading authorities
on cyberlibel/slander it is understood that Roomapes, LLC is not
liable and Roomapes, LLC claims immunity from any liability or damages
under the Communications Decency Act (CDA) of 1996 (See 47 U.S.C.
§ 230(c)(1)(2000)). Roomapes, LLC, under no circumstances,
shall be liable for direct or indirect loss or damages, such as,
but not limited to, damages due to slander, through the services
provided. Under no circumstances shall Roomapes, LLC be liable for
direct, indirect, or special damages incurred during the use of
other services or products provided by Roomapes, LLC. Other services
and products may be, but is not limited to, provided by Roomapes,
LLC, or its advertisers, links, and affiliates. Roomapes, LLC under
no circumstances, shall be liable for postings, advice and any other
information provided by third parties, such as yourself, The user
must understand that postings, advice and any other information
provided by third parties are only for the user’s entertainment
and may not reflect any sort of truth or accuracy.
3. MODIFICATIONS TO THIS AGREEMENT
You must review this agreement on a regular basis since we reserve
the right, at our sole discretion, to change, modify or otherwise
alter these terms and conditions at any time, which shall become
effective immediately upon the posting thereof.
4. CONTENT
Roomapes, LLC is not responsible, and does not control content
made available through the Roomapes site. As used herein, content
is defined as all postings, messages, text, files, images, links
to other sites, photos or other material posted on or transmitted
through the Roomapes.com site. Under no circumstances is Roomapes,
LLC responsible for the content. Roomapes, LLC may exercise the
right to remove any content that it may consider to be unfit for
display, however, the content displayed is the sole responsibility
of the user who posted such content, so naturally, you, the user,
may be exposed to content that is offensive, indecent, inaccurate,
misleading, or objectionable. The Roomapes.com site and its content
may contain links to other sites, which may or may not be completely
independent, therefore, it is your responsibility to exercise caution
when linking to these other sites. As a consequence, it is done
on your own risk. Roomapes, LLC does not make any expressed or implied
warranties or guarantees pertaining to the completeness or authenticity
of the content on the Roomapes.com site. By reading these Terms
and Conditions the user acknowledges understanding that all risks
associated with the use of any content on the Roomapes.com site,
falls upon the user. Also, the user acknowledges that the content
may not represent any reliability and that under no circumstances
will Roomapes, LLC be liable in any way for any content or for any
loss or damage of any kind, sustained as a result of the use of
any content posted, emailed or otherwise made available via the
Roomapes.com site. You acknowledge that Roomapes, LLC does not pre-screen
or approve content, and therefore you may be exposed to content
that is offensive, indecent, inaccurate, misleading, or objectionable.
Roomapes, LLC shall have the right , but not the obligation, in
its sole discretion to refuse, delete or move any content that is
available via the Roomapes.com site, for violating the letter or
spirit of the Terms and Conditions or for any other reason, where
Roomapes, LLC feels it is appropriate to do so. Therefore, without
exceptions, Roomapes, LLC reserves the right to delete or move any
content that is available via the Roomapes.com site.
5. INDEMNITY
You agree to indemnify and hold Roomapes, LLC its officers, subsidiaries,
employees,
affiliates, successors, assigns, directors, agents, service providers,
suppliers, contractors, partners and any other entity or individuals
engaged in business with Roomapes, LLC harmless from any claim or
demand of any sort. This includes attorney fees and court costs,
made by any third party, due to content available through posts
or made available through the Roomapes.com site and its services
by the user. This includes your use of the Roomapes.com site and
its services, your violation of the Terms, your breach of any of
the representations and warranties herein, or your violation of
any rights of another. Roomapes, LLC is not liable.
6. LINKS TO AND FROM THIRD PARTY CONTENT, SITES, AND SERVICES
The Roomapes.com site and content may contain third party advertisements,
features, or links that may link you or provide you with information
or material. Such information or material could be completely independent
of Roomapes, LLC, therefore, your use of such information or material,
dealings, payment, or exchange of services is solely between you
and the third party and therefore, Roomapes, LLC shall not be liable
or responsible for any damages or loss, indirect or direct sustained
from such content from third parties. By reading these Terms and
Conditions, the user agrees that Roomapes, LLC will not become involved,
if there is a dispute or problem between participants on Roomapes.com,
or between users and any third party. In the case of a dispute between
the user and any third party, the user, you, hereby release Roomapes,
LLC, its officers, employees, agents, successors in rights, contractors
from claims, demands and damages, actual and consequential, of every
kind or nature. This also applies to demands and damages, actual
and consequential, due to known or unknown, suspected and unsuspected,
disclosed and undisclosed, due to or in any way related to such
disputes, the Roomapes, LLC’s service. You also agree to waive
California Civil Code Section 1542, if you are a California resident.
California Civil Code Section 1542 states, "A general release
does not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release, which,
if known by him must have materially affected his settlement with
the debtor."
7. CONDUCT POLICY
Pornographic content is not be posted, made available, or emailed
by the user. Pornographic content includes depiction of sexual intercourse
between persons or animals of any kind, masturbation, or exhibition
of genitals. You agree not to post, email, or otherwise make available
content that impersonates any person or entity, including, but not
limited to, a Roomapes, LLC employee, or falsely states or otherwise
misrepresents your affiliation with a person or entity, however,
this does not apply to messages that are lawful non-deceptive parodies
of public figures. You agree not to post, email, or otherwise make
available content that is perceivably false, deceptive, misleading,
or deceitful. You agree not to post, email, or otherwise make available
content that infringes any patent, trademark, trade secret, or copyright
or other proprietary rights of any party. You shall not post, email
or otherwise make available content that you do not have a right
to make available under any law or under contractual or fiduciary
relationships. You agree not to post, email, or otherwise make available
content that constitutes or contains "affiliate marketing,"
"link referral code," "junk mail," "spam,"
"chain letters," "pyramid schemes," or unsolicited
commercial advertisement. You agree not to post, email, or otherwise
make available content that includes links to commercial services
or web sites. You agree not to post, email, or otherwise make available
content that is unlawful, harmful, threatening, abusive, harassing,
defamatory, libelous, invasive of another's privacy, or is harmful
to minors less than 18 years of age in any way. You agree not to
post, email, or otherwise make available content that harasses,
degrades, insults, intimidates or is hateful toward an individual
or group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability. You agree not
to post, email, or otherwise make available content that includes
personal or identifying information about another person without
that person's explicit consent. You agree not to post, email, or
otherwise make available content that can interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications equipment via software viruses or any other computer
code, files or programs.. You agree not to post, email, or otherwise
make available content that disrupts the normal flow of dialogue
with an excessive number of messages to Roomapes, LLC’s service,
or that otherwise negatively affects other users' ability to use
Roomapes, LLC’s service. You also agree not to stalk or otherwise
harass anyone as a consequence of using the content on the Roomapes.com
site. You also agree, as a consequence of using the content, not
to collect personal data about other users for commercial or unlawful
purposes. Use of spiders, robots, crawlers, data mining tools, or
the like to download data from the site is not allowed. An exception
can be made only if Roomapes, LLC expressly permits to do so through
writing. An attempt to gain unauthorized access to Roomapes, LLC’s
computer systems or engage in any activity that disrupts, diminishes
the quality of, interferes with the performance of, or impairs the
functionality of, its service or the Roomapes.com website.
8. NO SPAM POLICY
Sending unsolicited email advertisements to Roomapes, LLC email
addresses is expressly prohibited by these Terms and Conditions.
This also applies to sending unsolicited email advertisements through
Roomapes, LLC computer systems. It is a violation of these Terms
and Conditions, in addition to, certain federal and state laws,
if there is any unauthorized use of Roomapes, LLC computer systems.
The sender or sender’s agents may be subjected to civil and
criminal penalties for any of the above mentioned violations.
9. ACCESS TO THE SERVICE
Roomapes, LLC grants you a limited, revocable, nonexclusive license
to access Roomapes, LLC’s services for your own personal use
and therefore does not include any collection, aggregation, copying,
duplication, display or derivative use of the content. General purpose
internet search engines and non-commercial public archives may employ
the use of data mining, robots, spiders, or similar data gathering
and extraction tools to gather information for the sole purpose
of displaying hyperlinks to the Roomapes, LLC’s service, provided
they each do so from a stable IP address or range of IP addresses
using an easily identifiable agent and comply with our robots.txt
file. However, you may not employ the use of data mining, robots,
spiders, or similar data gathering and extraction tools for any
purpose. This, of course, is permitted only with written consent
by Roomapes, LLC. Roomapes, LLC does permit you to display on your
website, or create a hyperlink on your website to the Roomapes.com
site. This permission is granted as long as such use is for noncommercial
news reporting purposes only, such as, use in personal web blogs
or personal online media. Roomapes, LLC also permits you to create
a hyperlink to the home page of the Roomapes.com sites so long as
the link does not portray Roomapes, LLC, its employees, or its affiliates
in a false, misleading, derogatory, or otherwise offensive matter.
Roomapes, LLC permits you to display, and excerpt from your personal
website or personal web blog, as long as it is for personal, non-commercial
purposes only, each title is correctly linked back to the original
post on the Roomapes.com site and redirects the user to the post
when the user clicks on it, your use or display does not suggest
that Roomapes, LLC promotes or endorses any third party causes,
ideas, web sites, products or services, your use does not strain
Roomapes, LLC’s systems. In order to collect, aggregate, copy,
duplicate, display or make derivative use of the Roomapes’s
content made available for other purposes (including commercial
purposes) not stated herein, you must first obtain a license from
Roomapes.
Simply put, you must first request and obtain a license from Roomapes,
LLC if you desire to aggregate, copy, collect, reproduce, display
or make derivative use of Roomapes, LLC’s service or any content
made available via the service for other purposes non stated herin.
This applies, also to commercial purposes. Granted permissions,
access, and/or licenses will be terminated upon any violation, breach
, or out-of-scope use of the Roomapes.com site beyond the scope
of authorized permissions, access, and/or licenses granted to you
by Roomapes, LLC.
10. LIMITATIONS ON SERVICE
You acknowledge that Roomapes, LLC shall not be liable to you or
to any third party for any modification, suspension or discontinuance
of its service. You agree that Roomapes, LLC may establish limits
concerning use of its services. Such limits may include the maximum
number of days that content will be retained by Roomapes, LLC, the
maximum number and size of postings, email messages, or other content
that may be transmitted or stored by Roomapes, LLC, and the frequency
with which you may access its services. You agree that Roomapes,
LLC has no responsibility or liability for the deletion or failure
to store any content maintained or transmitted by its service and
that Roomapes, LLC reserves the right at any time to modify or discontinue
its service or any part thereof, with or without notice.
11. TERMINATION OF SERVICE
You agree that Roomapes, LLC shall not be liable to you or any
third-party for any termination of your access to its service.You
agree that Roomapes, LLC is not obligated, but in its sole discretion,
has the right to delete your post. You also agree that Roomapes,
LLC, in its sole discretion, has the right to block your email or
IP address, or otherwise terminate your access to or use of its
service, or any part thereof, immediately and without notice. You
also agree that Roomapes, LLC, in its sole discretion, has the right
to remove and discard any content posted, for any reason, including,
without limitation, if Roomapes, LLC believes that you have acted
inconsistently with the letter or spirit of the Terms. After termination
you agree not to attempt to use Roomapes, LLC’s service Sections
3, 5, 6, 9, 11, 12, 13, 14, 15 shall survive termination of these
Terms.
12. PROPRIETARY RIGHTS
You agree to abide by any and all copyright notices displayed on
the Roomapes.com site, and therefore will not reproduce, duplicate
or copy content from the Roomapes.com site without express written
permission from Roomapes, LLC. Roomapes, LLC’s service is
protected to the maximum extent permitted by copyright laws and
international treaties, which means that any copying, recreation,
reproduction, modification, creation of derivative works from or
redistribution of the site or the collective work, 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 permission from Roomapes, LLC, Content displayed
on or through the Roomapes.com site is protected by copyright as
a collective work and/or compilation, pursuant to copyrights laws,
and international conventions. You may not decompile or disassemble,
reverse engineer or otherwise attempt to discover any source code
contained on its site. By posting content, you automatically grant
Roomapes, LLC all rights necessary to prohibit any subsequent aggregation,
display, copying, duplication, reproduction, or exploitation of
the content on the Roomapes.com site by any party for any purpose.
Also, by posting content, you automatically grant, and you represent
and warrant that you have the right to grant, to Roomapes, LLC 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, such as through
multiple tiers, of the foregoing. Without limiting the preceding,
you agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any aspect of its service.
13. DISCLAIMER OF WARRANTIES
Roomapes, LLC does not guarantee any warranties of any kind from
the use of the Roomapes.com site. It is used solely on the user’s
own risk, and therefore there are no guarantees. The site is provided
for entertainment and is provided on an as is or as available basis.
To the fullest extent permitted by law, all express and implied
warranties, including, without limitation, the warranties of merchantability,
pertinence, and non-infringement of proprietary rights are expressly
disclaimed. Roomapes, LLC disclaims any warranties to the fullest
extent permitted by law with regards to security, reliability, accuracy,
usefulness, performance of the Roomapes.com site and its content.
Roomapes, LLC disclaims any warranties to the fullest extent permitted
by law with regards to other services or goods received through,
advertised, or obtained through any links on the Roomapes.com site.
Roomapes, LLC disclaims any warranties to the fullest extent permitted
by law with regards to viruses or other components from using the
Roomapes.com site and its services. Roomapes, LLC disclaims, to
the fullest extent permitted by law, any warranties period. Some
of the foregoing disclaimers may not apply to you insofar as they
relate to implied warranties in some jurisdictions.
14. LIMITATIONS OF LIABILITY
Even if Roomapes, LLC has been informed or advised of the possibility
of damages, direct or indirect, incidental, special, consequential,
or exemplary damages, Roomapes, LLC is, to the fullest extent permitted
by law, not liable under any circumstances. To the fullest extent
permitted by law, Roomapes, LLC, under all circumstances, shall
not be liable for damages incurred by reason of other services or
products received through, advertised in connection with Roomapes,
LLC, or any links on the Roomapes.com site. To the fullest extent
permitted by law, Roomapes, LLC, under all circumstances, shall
not be liable for damages incurred by information, postings, or
advice provided by users/ third parties. The aforementioned applies
to your use of the Roomapes.com site, whether the damages arise
from use or misuse of the site or from the inability to use the
site due to temporary interruption, suspension, modification, alteration,
or termination of the Roomapes.com site. In some jurisdictions,
limitations of liability are not permitted, therefore, some of the
foregoing limitation may not apply to you, if you are in such jurisdictions.
15. GENERAL INFORMATION
The Terms and Conditions constitute the entire agreement between
you and Roomapes, LLC and govern your use of its service, superceding
any prior agreements between you and Roomapes, LLC. The Terms and
Conditions and the relationship between you and Roomapes, LLC shall
be governed by the laws of the State of California without regard
to its conflict of law provisions. You and Roomapes, LLC agree to
submit to the personal and exclusive jurisdiction of the courts
located within the County of Los Angeles, California. The failure
of Roomapes, LLC to exercise or enforce any right or provision of
the Terms and Conditions shall not constitute a waiver of such right
or provision. If any provision of the Terms and Conditions is found
by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the
other provisions of the Terms and Conditions remain in full force
and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related
to use of the site or the Terms and Conditions must be filed within
one (1) year after such claim or cause of action arose or be forever
barred.
16. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Any violations of the Terms and Conditions should be reported by
emailing admin@roomapes.com. If Roomapes, LLC does not act in response
to a breach/violation by you or others, Roomapes does not waive
our right to act with respect to subsequent or similar breaches/violations.
Notwithstanding any other provision of these Terms and Conditions,
Roomapes, LLC retains the right to seek the remedy of specific performance
of any term contained in these Terms and Conditions, or a preliminary
or permanent injunction against the breach of any such term or in
aid of the exercise of any power granted in these Terms and Conditions,
or any combination thereof.
17. PRIVACY AND INFORMATION DISCLOSURE
A Privacy Policy has been created by Roomapes, LLC. It details
the usage of user
Information. It adddreses issues pertaining to how user information
is collected and used, which is located at the following web address:
Privacy Policy
Usage of the Roomapes.com website is an acknowledgement of and
agreement to our Privacy Policy by the user. You acknowledge and
agree that, if required by law, Roomapes, LLC 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. You, also, acknowledge and agree, that Roomapes, LLC
may also do so if in the good faith belief that such preservation
or disclosure is reasonably necessary to comply with legal process;
enforce these Terms and Conditions; 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 Roomapes, LLC, its users or the general public.
18. Discrimination
The user acknowledges and understands that a descriminatory housing post is
illegal and in the event, that there is such a violation, the poster is solely
responsible for his/her own actions. More information pertaining to
descrimination in housing can be found at the U.S. Department of Housing and
Urban Development. It is stated by the U.S. Department of Housing and Urban
Development that, "federal law prohibits housing discrimination based on your
race, color, national origin, religion, sex, family status, or disability."
19. WRITE US
Send us a message.
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