This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
There may be times when we offer a special feature that contains special terms and conditions that may apply in addition to these Terms and Conditions. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms and Conditions.
We reserve the right, in our sole discretion, to change these Terms and Conditions from time to time. Unless we make a change for legal or administrative reasons, we will attempt to provide reasonable advance notice before the changes become effective. By using the Service, you agree that we may notify you of updated terms by posting changes to these Terms and Conditions documents, and that your use of the Service after the effective date of the changes constitutes your agreement to the updated terms. Roamlife recommends that you review these Terms and Conditions prior to using the Service and periodically thereafter. Updated terms will be effective as of the time of posting, or such later date as may be specified, and will apply to your use of the Service from that point forward.
Date of Last Revision: August 6, 2014
Roamlife: indicates the features and services we make available, including through (a) our website (b) mobile versions and (c)other similar offerings. other media, software, devices, or networks now existing or later developed.
Information: means data regarding you, including actions taken by users who interact through Roamlife.
Content: means anything posted by users of Roamlife that would not be included in the definition of information.
Data/ User Data: inidcates any data, including a user's content or information that is accessible through Roamlife.
Post: indicates any message sent to a user or group of users through the Roamlife software
Member/ Active Registered User: means a person who provides information Roamlife to participate in the Service in any manner, whether such person uses the Service as a free member or a subscriber..
Service/ Application: means any application or website that uses or accesses the Roamlife servers, as well as anything else that receives or has received data from us. If you no longer access your account but have not deleted all data from us, the term application will apply until you delete the data.
You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, "post") on the Service or transmit to other Members, including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, "Content").. The Content you submit, post, share, or display may be able to be viewed by other users of the Services. Any content that is not intended to be shared or that requires protection from disclosure should not be posted to the Service and is protected only to the limits described within these Terms and Conditions.
By posting Content, you represent and warrant that:
- You own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses as set forth in these Terms and Conditions;
- The posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
- You agree to pay for all royalties, fees, and any other monies owed by your unauthorized use and sharing of Content you post on or through the Service which is not owned by you; and
- You have the legal right and capacity to enter into these Terms and Conditions in your jurisdiction.
You agree that Roamlife is not responsible for, and does not endorse, Content posted within the Service. While Roamlife will attempt to monitor postings for compliance with these Terms and Conditions, it does not have any obligation to prescreen, monitor, edit, or remove any Content. If Content posted by you violates these Terms and Conditions, you may bear legal responsibility for that Content. Roamlife may delete any Content, in whole or in part, that in the sole judgment of the moderators violates these Terms and Conditions.
Any Content posted by users will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. As between you and Roamlife, you own the content and information you provide under this Agreement and may request deletion of such items at any time. By using the Service, you understand and agree that information you have shared may remain available to others after your deletion requests if they have not deleted it from their feeds, or if it was copied or stored externally by other users.
You acknowledge and agree that your relationship with Roamlife is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content in Roamlife does not modify the relationship with the owners, executors, or their heirs from that of members of the general public. Your Content will not be subject to any obligation of confidence on the part of Roamlife and Roamlife will not be liable for any use or disclosure of any Content you provide.
Membership and Subscriptions:
You may register as a basic Member at no cost. As a basic Member, you may use some, but not all, of the features and services available within the Service. To access or use additional features and services, you must become a paying subscriber to the Premium or Elite Services.
Roamlife users are required to provide their true name and information when creating their profile. All members are under the obligation to provide truthful and accurate information to create their membership account. Prior to being granted access to the Service, Roamlife will conduct preliminary checks in an attempt to validate the information provided. Provided below are commitments you make to Roamlife relating to registration:
- You will not provide any false personal information or create an account for anyone other than yourself without permission.
- Each user will be limited to one personal account.
- If Roamlife disables your account for failure to abide with these Terms and Conditions, you will not create another account without prior authorization.
- You will not use Roamlife if you are a convicted sex offender.
- All contact information must be kept accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account without first obtaining permission from Roamlife.
- If you select a username, Roamlife reserves the right to remove or reclaim it if it is deemed to be inappropriate or proprietary to another entity.
The Services are available and intended for individuals aged 18 years or older (21 years in places where 18 years is not the age of majority). No persons under the age of 18 years (21 years in places where 18 years is not the age of majority) may directly or indirectly utilize these Services. By using the services, you affirm that you are currently over the age of 18 years (21 years in places where 18 years is not the age of majority) and that you are capable of lawfully entering into and performing all obligations as set forth in these Terms and Conditions.
Password and Account Security
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage the use of "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Passwords should remain confidential and not be shared with any person for any reason. Roamlife will not be liable for any loss or damage arising from your failure to protect your password.
Roamlife will never ask you for your password outside of the login process. Any requests that you receive claiming to be from Roamlife asking you to validate your username and password are unauthorized and should be reported immediately. Roamlife advises users to not reply to these emails, click on any links or open any attachments contained in these emails, or provide any information to the party initiating these emails.
Payment for Premium or Elite Services
If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to allow Roamlife to store your payment information. You agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due. Failure to pay will result in the premium services being discontinued and the account being downgraded to the Basic membership effective immediately upon the expiration of the pre-paid premium membership timeframe.
Transmitting and receiving updates to and from Roamlife will require an online (Wi-Fi or 3G) connection between your device and the Internet. Any connection required to the Internet in order to use the Service is under your responsibility and at your expense. The expenses of such connection are as prescribed by the agreement between you and your communication service provider.
Prohibited Posts and Activities:
In order to preserve an environment that is free from harassment and provides equal opportunity to all, the following activities are prohibited on Roamlife. The information provided within these Terms and Conditions is not to be taken as an all inclusive list. Any activities or posts that threaten the ability of all members to freely enjoy the Services of Roamlife should be considered forbidden.
Prohibited Actions with Posts
The following is a partial list of the kind of Content that is prohibited on Roamlife. You may not post, upload, display or otherwise make available Content that:
- Is characterized by, or that encourages racism or unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class;
- Advocates harassment, bullying, or intimidation of another person;
- Contains images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
- Promotes people in violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive situations
- Promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
- Promotes an illegal or unauthorized copy of another person’s copyrighted work;
- Provides instructional information about illegal activities;
- Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- Requests money from, or is intended to otherwise defraud, users of the Service;
- Posts unauthorized commercial communications (otherwise referred to as "spamming", "phishing", "trolling" or similar activities);
- Impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- Falsely expresses or implies that such content is sponsored or endorsed by Roamlife or Roamlife, LLC
Other Prohibited Activities
The following is a partial list of the kind of activities that are prohibited in Roamlife. By using the Services, you agree to the following:
- You will refrain from the use of manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or pages of the Service;
- You will not do anything that could disable, overburden, or impair the proper working or appearance of the Services, such as a denial of service attack or interference with page rendering.
- You will not change, modify, adapt or alter another website, application, or service so as to falsely imply that it is associated with Roamlife
- You will not solicit, collect or use the login credentials of other Roamlife Members.
- YOU WILL NOT USE THE SERVICES OF ROAMLIFE INCLUDING, BUT NOT LIMITED TO; WRITING NEW POSTS, REPLYING TO POSTS, TAKING OR POSTING PHOTOS FROM THE LIBRARY, PROVIDING CHECK IN LOCATION INFORMATION, PROVIDING TRAFFIC UPDATES, SEARCHING OR UTILIZING THE MAP OR MAP FEATURES, OR ANY OTHER ACTIVITY WHILE DRIVING. ROAMLIFE RECOMMENDS CONDUCTING ALL ACTIVITIES AFTER STOPPING A VEHICLE IN AN APPROPRIATE LOCATION PERMITTED BY LAW. ALTERNATIVELY, CONTENT AND SERVICES MAY BE SENT OR ACCESSED BY A PASSENGER OTHER THAN THE DRIVER, PROVIDED IT DOES NOT INTERFERE WITH OR DISTRACT THE DRIVER.
Voluntary and Involuntary Termination of Account:
If you violate the letter or spirit of these Terms and Conditions, or otherwise create risk or possible legal exposure for Roamlife, your ability to access all or certain features of Roamlife may be restricted. Users also retain the ability to delete or disable their account at any time.
Upon termination, all licenses and other rights granted to you in these Terms and Conditions will immediately cease. In the event of account deletion for any reason, content that you submitted may or may not be available to you or other users. Roamlife shall not be responsible for the loss or retention of this content.
You may self-terminate your use of the Service at any time and for whatever reason. You are not obligated to advise Roamlife of such termination. Information posted by you prior to termination of your account will remain active in other user’s profiles and will not be deleted upon your termination of the Service. If you desire to delete your profile and all associated posts you must contact our support desks directly.
Roamlife retains the right to block your access to the Service and discontinue your use of the Service, at any time and for any reason, at our sole and absolute discretion. Roamlife may suspend, disable, or delete your account (or any part thereof) if it is determined that you have violated any provision of these Terms and Conditions or that your conduct or content may damage the reputation or goodwill of Roamlife or it’s members. If Roamlife deletes your account for the foregoing reasons, you may not re-register under a different name
Disclaimer of Warranties:
THE SERVICE, AND ALL CONTENT WITHIN, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. ROAMLIFE WILL ATTEMPT TO KEEP THE SERVICE, BUG FREE AND SAFE, BUT YOU USE THE SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ROAMLIFE, ROAMLIFE, LLC. NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:
- THE SERVICE, INCLUDING THE AVAILABILITY AND TIMELINESS;
- THE CONTENT PROVIDED DIRECTLY BY ROAMLIFE OR BY THE USERS AT LARGE; OR
- THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION.
ADDITIONALLY, ROAMLIFE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
ROAMLIFE DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR FREE FROM BUGS OR ERRORS; THAT DEFECTS (PERCEIVED OR ACTUAL) WILL BE CORRECTED OR SPECIFIC TIME-FRAMES FOR CORRECTION; OR THAT THE SERVICE OR SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS.
ROAMLIFE DOES NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT POSTED BY ANY USER.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL ROAMLIFE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:
- THE SERVICE;
- THE CONTENT PROVIDED DIRECTLY BY ROAMLIFE OR BY THE USERS AT LARGE;
- THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION;
- YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE;
- ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS;
- ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR
- ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF ROAMLIFE SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE).
IN NO EVENT WILL ROAMLIFE BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY BASED ON USE OF THIS SERVICE.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THESE RIGHTS.
ROAMLIFE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ROAMLIFE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID ROAMLIFE, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
Indemnification; Hold Harmless
You agree to indemnify Roamlife, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees harmless for all claims, suits, actions, losses, costs, damages, and any other liabilities (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by:
- your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws,
- any content you submit to the Services,
- any violation of law that occurs by you, and
- any activity in which you engage on or through Roamlife
Apple (I Tunes):
If you use the Service through an Apple device, then you agree and acknowledge that:
- Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Service maintenance and support;
- You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;
- Apple and Apple’s subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
- If any portion of these Terms and Conditions is found to be unenforceable, the remaining portion will remain in full force and effect.
- If Roamlife fails to enforce, or choose not to enforce, any part of these Terms and Conditions, it will not be considered a waiver.
- Any amendment to or waiver of these Terms and Conditions must be made in writing and signed by an executive member of Roamlife or Roamlife LLC. No verbal modifications are enforceable.
- Rights or obligations under these Terms and Conditions are not transferable to any other party.
- In the event of a sale, merger, acquisition, or sale of assets, all of our rights and obligations under these Terms and Conditions are freely assignable by Roamlife.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.