Roomio Terms of Use

Last updated: March 1, 2019

Introduction

Roomio is a product of Artsupply Limited. Our registered office address is: Proto, Abbott’s Hill, Baltic Quarter, Gateshead, NE8 3DF. Registered Company number 09958288.
By accessing www.roomio.io ( “Roomio”,”We”, “Us” or “Our”) you are agreeing to the following Terms of Use.
These Terms of Use constitute a legally binding agreement between you and Artsupply Limited.


Using Roomio

As a condition of your use of Roomio you agree that you will not:

  • Violate any laws;
  • Post any threatening, abusive, defamatory, obscene or indecent material;
  • Post or otherwise communicate any false or misleading material or message of any kind;
  • Infringe any third-party rights;
  • Distribute spam, chain letters, or promote pyramid schemes;
  • Distribute or upload viruses or any other technologies that may harm Roomio or the interests or property of Roomio users;
  • Impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Roomio;
  • Copy, modify, or distribute any other person's content without their consent;
  • Use any means to access Roomio and collect content for any purpose without our express written permission;
  • Harvest or otherwise collect information about others, including email addresses, without their consent;
  • Copy, modify or distribute content from the Roomio site, services, or Roomio's copyrights and trademarks;
  • Bypass measures used to prevent or restrict access to Roomio;
  • You agree not to infringe the copyright, trademark or other rights of third parties.
  • You agree not to submit content that you do not own, have the rights to post, have the permission from the owner or any other person who holds the rights. This includes individuals who appear in any images submitted to Roomio, whereby you must seek permission from the individuals pictured to submit these images to Roomio’s website and ensure the individuals pictured are aware of and agree to these Terms of Use.
  • By posting content on Roomio (video, text, image, photography or audio) you agree not to submit and take liability for any defamatory, offensive, infringing, obscene, sexually explicit, indecent, discriminatory, misleading, inaccurate, objectionable or unlawful content. You acknowledge any properties, houses, flats, rooms, tenancy arrangements or personal profiles are submitted by our users, that Artsupply Limited has no input of content to classified advertisements, no control over agreements between parties and accepts no liability or responsibility for agreements or issues encountered between parties.

You are solely responsible for all information that you submit to Roomio and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of Roomio either temporarily or permanently, or refuse a user's registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on the Roomio website or services, we may, at our discretion, inform other Roomio users that may have been in contact with you and recommend that they exercise caution.


Abusing Roomio

Roomio and Roomio users work together to keep the Roomio websites, services, applications and tools working properly and Roomio users safe. Please report problems, offensive content and policy breaches to us by emailing support@roomio.io. Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to prevent users from accessing Roomio if we think that they are infringing the rights of third parties or acting inconsistently with the spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing Artsupply Limited employees or other users). However, whether we decide to take any of these steps, remove hosted content or maintain user access or not, we do not have any obligation to monitor the information transmitted or stored on our sites, services, applications and tools and we do not accept any liability for unauthorised or unlawful content on Roomio or use of Roomio by users. All individuals accessing or using Roomio’s services must adhere to the policies outlined in the article. Failure to do so may result in Roomio taking one or more of the following enforcement actions: require that you remove uploaded content; require that you verify identification; permanently suspending your account(s). Roomio acts as an introducer between two or more parties. In order to ensure that people feel safe, we prohibit abusive behaviour including behaviour that harasses or intimidates.


Fees, Services and Cancellation Policy

Roomio is free to use, but we do charge a fee for specific additional services. By selecting these services at the Roomio checkout, you agree to payment of a recurring subscription plan with a one week billing interval. You can downgrade or remove your subscription at anytime by selecting ‘Manage Marketing’ from the ‘Manage your ads’ section of your Roomio dashboard. Any marketing service you deactivate on a live ad will remain active until the end of that billing period and you will not be entitled to a proportional refund for the remainder of that subscription period. Your marketing services and subscription will be removed or downgraded at the end of that billing period. Any marketing services you add to your package will be effective immediately and a new billing cycle will begin from that date. If you choose to change the services applied to an existing package, mid-payment cycle, a pro rata reduction on the new fee will be applied to your account. Our fees are quoted in Pounds Sterling, and we may change them from time to time. We will notify you of changes to our fee policy by email as well as clearly posting such changes on the Roomio website. We may choose to temporarily change our fees for promotional events. If you are a subscriber, your subscription for that period will remain unchanged until the following billing cycle. You are responsible for paying the Roomio fees when they're due. If you don't, without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. You acknowledge that your ads may be deleted from the Roomio site, in cases where we believe these Terms of Use are breached, either directly or indirectly. In case you would have paid a fee for the display of such an ad, you may be entitled to a refund of such fee. However, we reserve the right not to refund for any fees paid for the use of our site and services, if you breach, in our opinion, these Terms of Use.


Content

Roomio contains content supplied by us, you, and other Roomio users. Roomio is protected by copyright laws. You agree not to copy, distribute or modify content from Roomio without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Roomio. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Roomio (other than your own content). When you give us content, you grant us (and represent that you have the right to grant us) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media and on all other sites, services, applications and tools that are part of Artsupply Limited. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law. Artsupply Limited may at times use third party data suppliers to supplement the information you have provided in an ad. This could include descriptions, product specifications and other content. You may use such information solely in connection with your Roomio ad during the time your ad is on the Roomio site. The information provided may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content (other than by including them in your ads). This permission is subject to modification or revocation at any time at Roomio’s sole discretion. You may not have the opportunity to review all of the supplemental data before posting an ad. Artsupply Limited is not responsible for the accuracy of any third party supplied supplemental data. You continue to be responsible for ensuring that your ads are accurate, do not include misleading information and fully comply with these Terms of Use and all Roomio policies. If you notice inaccuracies in this data after your ad appears on the site please endeavour to correct the information immediately and make us aware of the inaccuracy by emailing us at support@roomio.io


Infringement

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes upon intellectual property rights such as copyright, design and trademark. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Roomio. Report any infringement by emailing support@roomio.io


Liability

Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do. We do not review all users' posts and we are not involved in the actual transactions between users. As most of the content on Roomio comes from other users, we do not guarantee the accuracy of posts or user communications or the quality, safety, or legality of what is offered. In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law. You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether expressed or implied) about the operation and availability of our site. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, expressed or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use Roomio, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Pounds Sterling.


Release

If you have a dispute with one or more Roomio user, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes. Roomio will cooperate in any way we deem necessary and fair and to reserve the right release information or to release information in alignment with our Privacy Policy.


Third Party Application Additional Terms of Use

Roomio relies on the use of third party applications and/or APIs including those made available by Facebook, Instagram, Spotify, Stripe and Google Maps. By using the third part enabled functionality within Roomio that is clearly labelled either by name or the company logo, you agree to abide by the additional Terms of Use that these respective companies display on their own websites regarding end user use of their applications and APIs, including a mapping API supplied by Google and Google Maps. By using these maps you are subject to the then-current Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html.


Resolution of disputes

If a dispute arises between you and Roomio, we strongly encourage you to first contact us directly to seek a resolution by emailing support@roomio.io. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.


General

These terms and the other policies posted on Roomio constitute the entire agreement between Roomio and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. This Agreement shall be governed and construed in all respects by the laws of England and Wales. You agree that any claim or dispute you may have against Roomio (Artsupply Limited) must be resolved by the courts of England and Wales. You and Roomio both agree to submit to the exclusive jurisdiction of the English Courts; for claims falling within the jurisdiction of a County Court, you and Roomio both agree to submit to the jurisdiction of the County Court of Newcastle Upon Tyne. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to Roomio. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the Roomio website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.


Artsupply Limited registered office address is: Proto, Centre for Emerging Technology, Abbott’s Hill, Baltic Quarter, Gateshead, England, UK NE8 3DF. Our Company Number is: 09958288