By accessing the Reviews Roo and affiliated Websites (hereafter “Websites”), you are agreeing to these Terms and Conditions of Use.
Parties To This Agreement And Consideration
The parties to this Agreement (the “Agreement”) are You, (the “User”), and Reviews Roo (ReviewsRoo.com). (the “Company”). As used in this Agreement, the terms “we” and “us” are used interchangeably to refer to the Company and the Websites; the term “You” and “Your” is used to refer to You, the User.
1.1 By accessing the materials at Websites and for other good and valuable consideration, the sufficiency of which is acknowledged by You and the Company, You hereby agree to be bound by all the terms and conditions set forth in this Agreement.
1.2 Subject to Your acceptance of the terms and conditions set forth in this Agreement, The Company agrees to grant you a limited personal non-transferable right to access the contents of ReviewsRoo.com and affiliated sites operated by the Company.
1.3 This Agreement is subject to change by the Company at any time and changes shall become effective upon notice to USERS by posting at or via hyperlink to the Websites. You may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect.
1.1 – Reviews Roo grants you the non-exclusive, non-transferable, revocable, limited right to access and use the Website. In order to gain full access and use of the Website, you must create a profile and register as a user (hereinafter referred to as “Registered User”).
1.2 – You are only permitted to register one profile per person on the Website. The profile is personal and you must not transfer it to others.
User’s Code Of Conduct
You agree, warrant and covenant to use the Websites in accordance with the following Code of Conduct and You agree and acknowledge that in our sole discretion we may, but are under no obligation to reject or delete any materials posted or uploaded by You which violates any of the following provisions, and/or to terminate Your right to use or access the Websites for violating these provisions:
1.1 – You will not use the Websites to engage in any form of illegal conduct, harassment or offensive behavior, including but not limited to the posting or uploading of communications or any graphic, video or audio content to the Websites which contain libelous, slanderous, abusive or defamatory statements, or racist, obscene or offensive language.
1.2 – You will not use the Websites to infringe the privacy rights, property rights, or other civil rights of any person;
1.3 – You will not post messages or use the Websites in any way which (i) violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or (ii) is fraudulent or otherwise unlawful or violates any law.
1.1 – You hereby grant us the worldwide, non-exclusive, perpetual, irrevocable, royalty-free right and license to publish, display, reproduce, modify, create derivative works of and commercially exploit any material, information, notifications, reviews, articles or other types of communication (hereinafter referred to as the “User-Generated Content” or “UGC”) which you create on the Website as a Registered User. We may freely use and transfer the UGC and disclose the UGC to third parties.
1.2 – Registered Users are liable for the UGC they publish on the Website.
1.3 – Registered Users warrant that all UGC posted on the Website is correct and true (where they state facts) or genuinely held (where they state opinions).
1.4 – UGC must relate to a company or organization from which the Registered User has purchased or can otherwise document using the company’s or organization’s products or services.
1.5 – You may not publish UGC regarding companies to which you have personal or professional relations.
1.6 – Registered Users must not, and must not allow any third party to, publish UGC on the website which:
- is of a marketing nature or has marketing purposes,
- is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, defamatory, tortious, obscene, pornographic or profane,
- has sexist, political or racial character,
- violates other people’s rights, including any intellectual property rights, rights of privacy and/or rights of publicity.
- is offensive or in any way breaches any applicable local, national or international law or regulation,
- reveals any personal information about another individual, including another person’s name, address, phone number, email address, credit card information or any other information that could be used to track, contact or impersonate that person,
- has a disloyal or unlawful purpose and/or content (or promotes unlawful purposes), or
- is technically harmful (including without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct).
1.7 – Contributors of UGC warrant in every context that the UGC is lawful and in compliance with the User Terms. If Reviews Roo receives notice or otherwise becomes aware that UGC violates current legislation and/or the User Terms, we may delete the UGC without any notice, and we – dependent on the character of the violation – may inform the violated party and/or the authorities of the violation. Our right to delete will not be conditioned on an explanation, although we will strive to inform the Registered User about the deletion and the reason hereof.
1.8 – We may at any time request information about the UGC from the Registered User, including documentation supporting the information included in the UGC, e.g. documentation evidencing that the UGC is based on an actual buying experience in an actual customer relation to the company to which the UGC relates.
Grant Of Limited License With Reservations
You acknowledge and agree that all materials contained at the Websites are proprietary and constitute valuable copyright, trademark and other intellectual property owned by the Company or others who have licensed or authorized use of such materials to the Company. You acknowledge and agree that as such You may only access, view, download, receive and otherwise use the materials available at the Websites only as authorized by the Company.
1.1 – You further acknowledge that You understand and agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of materials from the Websites in violation of the terms and conditions set forth herein, in which You are directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving or other unauthorized use of materials in PROHIBITED AREAS in any manner, shall constitute intentional infringement(s) of the Company’s and potentially others’ intellectual property rights and other rights in such materials and shall further constitute a violation of Company’s trademark and other rights, including, but not limited to, rights of privacy.
1.2 – The Websites and the services we offer via the Websites, including all underlying technology and intellectual property rights embodied therein, are and remain our sole and exclusive property, and no license or any other right is granted to any such underlying technology. If you provide feedback, ideas or suggestions regarding the Website or the services offered on the Website (“Feedback” or through “Contact”), we are free to fully exploit such Feedback.
1.3 – To the fullest extent permitted by law, the rights to free use of the UGC are transferred to us irrevocably, without any time limitation and without territorial limitations, by submitting the UGC to us.
Indemnification For Unauthorized Use Of Proprietary Materials
You agree to be personally liable and fully indemnify the Company and its successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any attempted or actual unauthorized downloading or other duplication of materials from the Websites by You alone, or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from the Websites including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney’s fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
Notices To Company or Users
Notices from the Websites to authorized Users may be given by means of electronic messages or by general posting on the Websites. Communications from You to the Company may be made by electronic messages or conventional mail, unless otherwise specified in the Agreement.
1.1 – All questions, complaints, and notices to Company by means of electronic mail must be sent through the contact us page.
HE WEBSITE, CONTENT AND SERVICES OFFERED ON THE WEBSITES ARE PROVIDED ‘AS IS’ AND AS AVAILABLE WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. REVIEWS Roo EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND SERVICES MAY BE MODIFIED, UPDATED, INTERRUPTED, SUSPENDED OR DISCONTINUED AT ANY TIME WITHOUT NOTICE OR LIABILITY.
1.1 – We make no representations or warranties with respect to any UGC published on the Website. Notwithstanding the foregoing, Reviews Roo may at all times investigate and edit (including anonymizing) UGC, e.g. if such actions are (i) prompted by third party requests, (ii) required under applicable law or (iii) necessary for the UGC’s compliance with our User Guidelines.
1.2 – We disclaim all liability for the content of UGC. Our non-liability applies, without limitation, to any UGC, including UGC which has been edited by us (see 5.2). We are not liable for any links to third party websites in the UGC, including for the content of the page to which the UGC links.
Other User Terms
We may at any time, in our sole discretion, revise or change these Terms and Conditions. We will make an effort to provide reasonable advance notice of any such changes. We may at any time, in our own discretion and without notice, close, change or reorganize the Website. As a Registered User you accept to be covered by the at all times current Terms and Conditions. Any revision or change of the User Terms and Conditions will be stated on the Websites. We will furthermore strive to inform the Registered Users about the change of the Terms and Conditions. The Registered Users agree that the continued use of the Website after any posted modified version of the Terms and Conditions is an acceptance of the modified Terms and Conditions.
Term and termination
We may terminate your right to access and use the services offered on the Website at any time for any reason without liability. If we do so, or if you elect to delete your profile, any rights granted to you herein will immediately cease.
Venue And Jurisdiction
This Agreement shall be governed by and construed under the laws of the State of California and the United States as applied to agreements between California state residents entered into and to be performed within the State of California, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. In case of any litigation regarding this Agreement, You agree that the venue for such litigation shall be, depending on the subject matter of the dispute, either in the California State Courts or the Federal District Court whose venue includes San Francisco, California. You hereby consent and stipulate to the jurisdiction of said State and/or Federal District Court.
Unenforceability Of Provisions
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.