TERMS OF SERVICE - RoofArena ™
"RoofArena" is a virtual marketing
platform and methods for marketing space on the internet. The marketing
platform enables an internet user to buy, sell, lease, rent etc. The landmarks
can be a space within a specific web page or a space within the marketing
platform. Any owner of a virtual landmark may add his landmark to the
platform, while some landmarks may be offered to the public by the platform.
Such virtual capability is provided
to you by RoofArena labs within online environments (the "Servers". The
software that is provided by RoofArena and installed on the local computer or
other device you use to access the Servers and thereby view or otherwise
access the RoofArena environment (the "Viewer"), application program
interfaces provided by RoofArena to you for use with RoofArena (the "APIs").
The Servers, Viewer, APIs and RoofArena websites and any other RoofArena
Software collectively constitute the "Service" as used in this Agreement.
When using the Service you
acknowledge that RoofArena is a service provider that may allow people to
interact online regarding content chosen by users of the service, and users
can alter the service environment on a real-time basis. RoofArena generally
does not regulate the content of communications between users or users'
interactions with the Service. As a result, RoofArena has very limited
control, if any, over the contents, quality, safety, morality, legality,
truthfulness or accuracy of various aspects of the Service and shall bear
no liability for such contents.
You acknowledge that: (i) by using the Service you may have access to drawings, designs, graphics, animation, sound, music, video, audio, computer programs, text and other various output (collectively, "Content"), and (ii) Content may be provided under license by independent content providers, including contributions from other users of the Service (all such independent content providers, "Content Providers"). RoofArena does not pre-screen Content.
You acknowledge that RoofArena and other Content Providers have rights in their respective Content under copyright, trademarks and other applicable laws and treaties, and that except as described in this Agreement, such rights are not licensed or otherwise transferred by mere use of the Service. You accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that your creation of Content is not in any way based upon any expectation of compensation from RoofArena.
RoofArena reserves the full right to interrupt the Service with or without prior notice for any reason or no reason. You agree that RoofArena will not be liable for any interruption of the Service, delay or failure to perform, and you understand that you shall not be entitled to any refunds of fees for interruption of service or failure to perform.
Without derogating from the foregoing, RoofArena has the right, at any time for any reason or no reason, to change and/or eliminate any aspect(s) of the Service as it sees fit in its sole discretion.
ACCOUNT REGISTRATION AND REQUIREMENTS
You must establish an account to use RoofArena, using true and accurate registration information.
In order to use the Service you must establish an account with RoofArena (the "Account"), except for those portions of the Websites to which RoofArena allows access without registration.
You specifically agree to provide true, accurate, current and complete information about yourself as prompted by the registration form ("Registration information") and maintain and promptly update the Registration Information to keep it true, accurate, current and complete.
You authorize RoofArena, directly or through third parties, to make any inquiries RoofArena consider necessary to validate your Registration Information. RoofArena reserves all rights to vigorously pursue legal action or any other legal means against all persons who misrepresent personal information or are otherwise untruthful about their identity, and to suspend or cancel Accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that RoofArena cannot guarantee the accuracy of any information submitted by any user of the Service, nor any identity information about any user.
You warrant choosing an account name to identify yourself to RoofArena (your "Account Name"). You may not select as your Account Name the name of another person to the extent that could cause deception or confusion; a name which violates any trademark right, copyright, or other proprietary right; a name which may mislead other users to believe you to be an employee/consultant of RoofArena; or a name which RoofArena deems in its discretion to be vulgar or otherwise offensive. RoofArena reserves the right to delete or change any Account Name for any reason or no reason. You are fully responsible for all activities conducted through your Account or under your Account Name.
At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and are responsible for any harm resulting from your disclosure, or authorizing the disclosure of, your password or from use by any person of your password to gain access to your Account or Account Name. At no time should you respond to an online request for a password other than in connection with the log-on process to the Service. Your disclosure of your password to any other person is entirely at your own risk.
You cannot transfer or let use your account to any third party.
Accounts may be cancelled by you at any time. Upon your election to cancel, your account will be cancelled within 72 hours, but if you have paid for a period in advance you will be allowed to use the remaining time according to these Terms of Service unless your account or this Agreement is suspended or terminated based on our belief that you have violated this Agreement. There will be no refunds for any unused time on a subscription or any prepaid fees for any portion of the Service.
RoofArena has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice or liability to you. In the event that RoofArena suspends or terminates your Account or this Agreement, you understand and agree that RoofArena will have full discretion as to refund of money (if any), depending on the reason for termination
RoofArena does not provide Internet or any other means of access, and you are responsible for all fees associated with your Internet or alike connection.
LICENSE TERMS AND INTELLECTUAL PROPERTY
Subject to the terms of this Agreement, RoofArena grants to you a non-exclusive, limited, fully revocable license to use the Service during the time you are in full compliance with the Terms of Service. Additional terms may apply to use of the APIs or other separate elements of the Service; these terms are available where such separate elements are available for download from the Websites. Nothing in this Agreement, or on RoofArena's websites, shall be construed as granting you any other rights or privileges of any kind with respect to the Service or to any Content. You acknowledge that your participation in the Service, including your creation or uploading of Content in the Service, does not make you a RoofArena employee and that you do not expect to be, and will not be, compensated by RoofArena for such activities.
Users of the Service can create Content on RoofArena's servers in various forms. RoofArena acknowledges and agrees that, subject to the terms and conditions of this Agreement, you will retain any and all applicable copyright and other intellectual property rights with respect to any Content you create using the Service, to the extent you have such rights under applicable law.
Notwithstanding the foregoing, you understand that RoofArena cannot control the duplication of your Content but any third party and will not be liable in any way for such usage or duplication.
You also understand and agree that by submitting your Content to any area of the Service, you automatically grant (or you warrant that the owner of such Content has expressly granted) to RoofArena and to all other users of the Service a non-exclusive, worldwide, fully paid-up, transferable, irrevocable, royalty-free and perpetual License, under any and all patent rights you may have or obtain with respect to your Content, to use your Content for all purposes within the Service. You further agree that you will not make any claims against RoofArena or against other users of the Service based on any allegations that any activities by either of the foregoing within the Service infringe your (or anyone else's) patent rights.
You further understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Content hereunder; (ii) you are solely responsible for, and RoofArena will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Service, including without limitation any legal consequences relating to your intellectual property rights; and (iii) RoofArena's acknowledgement hereunder of your intellectual property rights in your Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of RoofArena's intention not to require users of the Service to forego certain intellectual property rights with respect to Content they create using the Service, subject to the terms of this Agreement.
You agree that even though you may retain certain copyright or other intellectual property rights with respect to Content you create while using the Service, you do not own the account you use to access the Service, nor do you own any data RoofArena stores on RoofArena servers. Your intellectual property rights do not confer any rights of access to the Service or any rights to data stored by or on behalf of RoofArena.
During any period in which your Account is active and valid, RoofArena gives you permission to create still and/or moving media, for use only within the virtual world of the Service, which use or include the "textures" and/or "environmental content" that are both (a) created or owned by RoofArena and (b) displayed by RoofArena.
CONDUCT BY USERS OF ROOFARENA
RoofArena has designed the Service to be experienced only as offered by RoofArena at the Websites or partner websites. RoofArena is not responsible for any aspect of the Service that is accessed or experienced using software or other means that are not provided by RoofArena. You agree not to create and/or provide any server emulators or other software or other means that provide access to or use of the Servers without the express written authorization of RoofArena in accordance to its sole discretion.
You may not charge any third party for using the Service to access and/or use the Service, and you may not modify, adapt, reverse engineer, reverse engineer, decompile or attempt to discover the source code of the Service, or create any derivative works of the Service or the Service, or otherwise use the Service except as expressly provided in this Agreement. You may not copy or distribute any of the written materials associated with the Service.
Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.
You agree that you are not permitted to use the marks "RoofArena", or any other trade, service or other marks registered to or owned by RoofArena.
RELEASES, DISCLAIMERS OF WARRANTY, LIMITATION OF LIABILITY, AND INDEMNIFICATION
As a condition of access to the Service, you release RoofArena (and RoofArena's shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, consultants, suppliers, licensees, distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more users of the Service.
When using the Service, you may accumulate Content, Currency, objects, items, scripts, equipment, or other value or status indicators that reside as data on RoofArena's servers. THESE DATA, AND ANY OTHER DATA, ACCOUNT HISTORY AND ACCOUNT NAMES RESIDING ON ROOFARENA'S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN ROOFARENA'S SOLE DISCRETION.
YOU ACKNOWLEDGE THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER RIGHTS YOU MAY HAVE WITH RESPECT TO ITEMS YOU CREATE USING THE SERVICE, AND NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH CONTENT OR OTHER DATA BY YOU OR ANY THIRD PARTY, ROOFARENA DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON ROOFARENA'S SERVERS.
YOU UNDERSTAND AND AGREE THAT ROOFARENA HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY CONTENT (INCLUDING YOUR CONTENT) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND.
ROOFARENA PROVIDES THE SERVICE, THE SERVICE, YOUR ACCOUNT AND ALL OTHER SERVICES STRICTLY ON AN "AS IS" BASIS, PROVIDED AT YOUR OWN RISK, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the foregoing, RoofArena does not ensure continuous, error-free, secure or virus-free operation of the Service, the Service or your Account, and you understand that you shall not be entitled to refunds for fees based on RoofArena's failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.
IN NO EVENT SHALL ROOFARENA OR ANY OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES OR DISTRIBUTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING ITS MODIFICATION OR TERMINATION), THE SERVICE, YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT ROOFARENA MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ADDITION, IN NO EVENT WILL ROOFARENA'S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED TEN DOLLARS (U.S. $10.00). Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is impermissible, such limitation may not apply to you. You agree that RoofArena cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Service.
At RoofArena's request, you agree to defend, indemnify and hold harmless RoofArena, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, Content Providers, and other users of the Service, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any breach of this Agreement by you, or from your use of the Service. You agree to defend, indemnify and hold harmless RoofArena, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from: (a) any action or inaction by you in connection with the deletion, alteration, transfer or other loss of Content, status or other data held in connection with your Account, and (b) any claims by third parties that your activity or Content in the Service infringes upon, violates or misappropriates any of their intellectual property or proprietary rights.
PRIVACY POLICY
Personal Information
We may record information about your usage, such as when you use RoofArena, the contacts you communicate with, and the frequency and size of data transfers, as well as information you display or click on in RoofArena (including UI elements, settings, and other information). If you are logged in, we may associate that information with your account. We may use clear GIFs (a.k.a. "Web Beacons") in HTML-based emails sent to our users to track which emails are opened by recipients.
Any personal information or content that you voluntarily disclose online becomes publicly available and can be collected and used by others as well as RoofArena.
The personal information you provide to us during registration is used for RoofArena's internal purposes only. RoofArena uses the information it collects to learn what you like and to improve the Service. RoofArena will not give any of your personal information to any third party without your express approval except: as reasonably necessary to fulfill your service request, to third- party fulfillment houses, customer support, billing and credit verification services, and the like; to comply with tax and other applicable law; as otherwise expressly permitted by this Agreement or as otherwise authorized by you; to law enforcement or other appropriate third parties in connection with criminal investigations and other investigations of fraud; or as otherwise necessary to protect RoofArena, its agents and other users of the Service.
RoofArena does not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties.
RoofArena can (and you authorize RoofArena to) disclose any information about you to private entities, law enforcement agencies or government officials, as RoofArena, in its sole discretion, believes necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law.
You acknowledge and agree that RoofArena, in its sole discretion, may track, record, observe or follow any and all of your interactions within the Service. RoofArena may share general, demographic, or aggregated information with third parties about our user base and Service usage, but that information will not include or be linked to any personal information without your consent.
DISPUTE RESOLUTION AND GOVERNING LAW
GENERAL PROVISIONS