Terms and Conditions

Please read these terms and conditions of use carefully before accessing, using or obtaining any materials, information, products or services. By accessing the RoamApp mobile application, website as well as any other media form, media channel, related, linked, or otherwise connected thereto (collectively, the “RoamApp”) you agree to be bound by these terms and conditions ("Terms") and our Privacy Policy. If you do not accept all of these Terms, then you may not use Our Mobile Application and Website. In these Terms, "we", "us", "our" or "RoamApp" refers to RoamApp GmbH, Karlstraße 59, 72138 Kirchentellinsfurt, HRB 755412, and "you" or "your" refers to you as the user of Our Mobile Application and Website.

We may modify these Terms, for any reason at any time, by posting a new version on Our Mobile Application and or Website. Your continued use of Our Services following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Our Mobile Application and or Website in any way, your only recourse is to immediately terminate use of Our Mobile Application and or Website.

The information provided is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access Our Mobile Application and or Website from any locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Intellectual Property Rights

Unless otherwise indicated, the Mobile Application and Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Mobile Application and Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Mobile Application and Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use our Mobile Application and Site, you are granted a limited license to access and is solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

User Representation

By using the Mobile Application and Site, you represent and warrant that: [(1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary;] (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you will not access the Mobile Application or Site through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Mobile Application or Site for any illegal or unauthorized purpose; and (8) your use of the Mobile Application and Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Mobile Application and Site (or any portion thereof).

Prohibited Activities

You may not access or use the RoamApp Mobile Application or Site for any purpose other than that for which we make them available. It may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user, you agree not to:
1. systematically retrieve data or other content from the RoamApp Mobile Application or Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. make any unauthorized use, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
3. use the Mobile Application or Site to advertise or offer to sell goods and services.
4. circumvent, disable, or otherwise interfere with security-related features of the Mobile Application or Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the RoamApp Mobile Application or Site and/or the Content contained therein. 5. engage in unauthorized framing of or linking to the RoamApp Mobile Application or Site.
6. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords; 7. make improper use of our support services or submit false reports of abuse or misconduct.
8. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
9. interfere with, disrupt, or create an undue burden on the RoamApp Mobile Application or Site or the networks or services connected to the RoamApp Mobile Application or Site.
10. attempt to impersonate another user or person or use the username of another user.
11. sell or otherwise transfer your profile.
12. use any information obtained from the RoamApp Mobile Application or Site in order to harass, abuse, or harm another person. 13. use the RoamApp Mobile Application or Site as part of any effort to compete with us or otherwise use and/or the Content for any revenue-generating endeavour or commercial enterprise.
14. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the RoamApp Mobile Application or Site.
15. attempt to bypass any measures of the RoamApp Mobile Application or Site designed to prevent or restrict access, or any portion of the Mobile Application or Site.
16. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the RoamApp Mobile Application or Site to you.
17. delete the copyright or other proprietary rights notice from any Content.
18. copy or adapt the RoamApp Mobile Application or Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
19. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the RoamApp Mobile Application or Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance.
20. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
21. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the RoamApp Mobile Application or Site, or using or launching any unauthorized script or other software.
22. disparage, tarnish, or otherwise harm, in our opinion, us and/or the RoamApp Mobile Application or Site.

Mobile Application Use License

If you access RoamApp mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the RoamApp Mobile Application or Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Third Party Services

The RoamApp Mobile Application and Site may contain (or you may be sent via the app or site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the RoamApp Mobile Application or Site or any Third-Party Content posted on, available through, or installed from the Mobile Application or Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Mobile Application or Site and access the Third-Party Websites/ apps or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website/app to which you navigate from our Mobile Application or Site through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites/apps and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites or Services.

Service Management

We reserve the right, but not the obligation, to: (1) monitor our Mobile Application or Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from our Mobile Application or Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage our Mobile Application or Site in a manner designed to protect our rights and property and to facilitate the proper functioning of our Mobile Application or Site.

Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using our Mobile Application or Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. If you access the Site from the Americas, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Germany, then through your continued use of our Mobile Application or Site, you expressly consent to have your data transferred to and processed in our premises. (Please refer to our Privacy Policy on premises).

Terms and Termination

These terms of use shall remain in full force and effect while you use our Mobile Application or Site. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of our Mobile Application or Site (including blocking certain ip addresses and IMEIs), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the site or delete [your account and] any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents or features from the Mobile Application or Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Mobile Application or Site. We also reserve the right to modify or discontinue all or part of the Mobile Application or Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Mobile Application or Site.

We cannot guarantee the Mobile Application or Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Mobile Application or Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use our Mobile Application or Site during any downtime or discontinuance. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Mobile Application or Site or to supply any corrections, updates, or releases in connection therewith.

Disclaimer

The mobile application and site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the mobile application and site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness or the content of any websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the mobile application and site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the mobile application and site, (5) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the mobile application and site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Limitations of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the mobile application and site, even if we have been advised of the possibility of such damages.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) [your Contributions]; (2) use of the Mobile Application and Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Mobile Application and Site with whom you connected. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

User Data

We will maintain certain data that you transmit to us for the purpose of managing the Mobile Application and Site, as well as data relating to your use of the Mobile Application and Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Mobile Application and Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Mobile Application and Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Mobile Application and Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Contact Us

In order to resolve a complaint regarding the Mobile Application and Site or to receive further information regarding use, please contact us at:

RoamApp GmbH
Karlstraße 59
72138 Kirchentellinsfurt
privacy@goroamapp.com