Terms and Conditions

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Terms and Conditions

World Roamer Terms of Use LAST UPDATE TO THE TERMS: 21st September 2015
1. INTRODUCTION Thank you for selecting www.roamer007.world (referred to as “Site”, “World Roamer”, "we", "our", or "us"). Please read these Terms of Use ("Terms") carefully. The Terms are a legal agreement between you and us in relation to your use of the Site and all associated services (the “Agreement”). 2. USE CONSTITUTES ACCEPTANCE By accessing the Site or using any of our services you agree to these Terms. If you do not agree to these Terms, you may not use the Site and should exit immediately. 3. SCOPE These Terms govern your use of the Site and its associated services, all communications, content, updates and new releases (collectively, the "Services"). It includes by reference the Roamer Privacy Policy. All of the Site and Services are within the scope of this Agreement. 4. OUR RELATIONSHIP WITH YOU World Roamer is an interactive content platform. We help members of the World Roamer community to communicate and to publish and share content including but not limited to music, event information, blog postings and other content. We are an independent contractor for all purposes, and are NOT your agent or trustee. We do NOT have control of, or liability for, any content that is published or shared between users of World Roamer. We do NOT guarantee the identity of any user or validate the intellectual property rights of content published or shared through World Roamer. Our role is STRICTLY LIMITED to that of a facilitator and third-party record-keeper. YOU MUST NOT engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement. World Roamer does not control the content posted via the Site/Services, nor does it guarantee the accuracy, integrity or quality of such content. You understand and agree that your use of the Site/Service and any content is solely at your own risk. 5. ACCOUNT REGISTRATION Anyone may visit and view our homepage, but you must create an account in order to make full use of World Roamer. You promise that all account registration information you provide will be accurate, complete and current. You agree that you will your profile details up to date. Please read the World Roamer Privacy Policy which applies to any personal data we collect. 6. ELECTRONIC COMMUNICATIONS AND NOTICES You consent to receive notices and information from us in respect of the Site and the Services by electronic communication. You may withdraw this consent at any time, although we may not be able to continue service to you if we cannot communicate with you electronically. We may provide you with notices, including those regarding changes to these terms by email, paper mail, publication on our Site, by SMS, or in any other way recognised by law. You may contact us by email to ADMIN. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 7. PROTECTION OF MINORS We cannot distinguish the age of persons who access and use our Site. World Roamer does not knowingly collect personal information from minors. In cases where you have authorized a minor (someone under 18 years of age) to use the Site and/or Services, you acknowledge and agree that you are fully responsible for: (i) the conduct of such minor; (ii) controlling the minor's access to and use of World Roamer; and (iii) the consequences of any misuse by the minor. 8. COOKIES Cookies are small data files that your browser places on your computer or device. Cookies help your browser navigate a website and the cookies themselves cannot collect any information stored on your computer or your files. We use cookies to learn more about the way you interact with our content and help us to improve your experience when visiting our Site. Cookies remember the type of browser you use and which additional browser software you have installed. They also remember your preferences, such as language and region, which remain as your default settings when you revisit the website. Some of the cookies we use are session cookies and only last until you close your browser, others are persistent cookies which are stored on your computer for longer. You can visit www.allaboutcookies.org for details on how to delete or reject cookies and for further information on cookies generally. Note, however, that if you reject the use of cookies you will still be able to visit the Site but the Site’s functions may not work correctly. 9. CHANGES TO WORLD ROAMER We may discontinue or change any World Roamer content, service, function or feature at any time with or without notice. 10. PERSONAL INFORMATION AND PRIVACY The World Roamer Privacy Policy is also provided to you. You agree to our Privacy Policy, and to any changes published by us. You agree that we may use and maintain your data according to the Privacy Policy as part of the Services. 11. PAYMENTS 11.1 Third Party Terms and Fees: Fees for using World Roamer are processed by third payment processors such as PayPal. Your use of a third party payment processor such as PayPal is subject to any additional terms and conditions and fees imposed by such third party payment processor. 11.2 Records: We maintain records of your services, charges and payments and all such records are taken to be correct unless they are proven to be in error. 11.3 Fees: Details of any applicable fees due to us will be as published on the Site from time to time and are subject to change without notice. 11.4 Refunds: In general all payments by you to us are final and are not refundable. 12. ADVERTSING AND AFFILIATE DISCLOSURE World Roamer may display paid advertising such as Google AdSense on the Site and we may also enter into affiliate relationships with third party commercial partners. In such circumstances we may get paid if you click on ads or links or be paid a commission if you purchase products or services. We wish to be transparent in our dealings with you and hereby disclose the incorporation of paid advertising and compensated affiliate promotions on this Site. 13. LINKS 13.1 Links from World Roamer: We and/or third parties may provide, links to other apps, websites or resources. As we have no control over such apps, websites and resources you agree that links to third parties are provided solely for your convenience and we are not responsible for the availability of such external apps, sites or resources and are not liable for the content found at such apps, websites or resources. If you decide to access any third parties linked to the Site/Services you do so entirely at your own risk. 13.2 Third Parties: You agree that your dealings with third parties (consumers or service providers) found on or through the Site/Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party, and you agree not to hold us liable for any disputes you may have with any such third party. 13.3 No Liability: As stated above, your use of the Site/Services may bring you into contact with third parties, including but not limited to consumers or service providers who are also World Roamer users. This does not mean World Roamer endorses or has a responsibility for any such third party. We do not control these third parties and will not be liable for their products or services, the accuracy of their communications with you, or any damages arising from their use. You access the Site/Services in your sole discretion and at your own risk. 14. LINKING TO WORLD ROAMER If you would like to link to World Roamer, you must comply with the following: You do not have permission to use or incorporate any of our content and must not in-line, frame, or create any browser or border environments around our content. The only form of linking permitted is an underlined, textual link from your site to our homepage. No other linking is permitted without our express, prior written permission. Do not link to us in any way which suggests we have any relationship or affiliation with your site or endorses your site, products or services. Do not present any misleading or false information about us or our products or services. Do not use any of our logos, designs, slogans, trademarks, service marks, or any other words, or metatag data or other location information tools used to identify and select sites without first obtaining our express written permission. We do not allow any linking to sites that contain any distasteful, offensive or controversial content, or content that can be construed as such. Unauthorized links to our Site, or the framing of any content or information contained on our Site, or any portion of our Site is strictly prohibited unless you have obtained our prior express written permission. Do not archive, cache, or mirror any of our pages or any portion of our pages. We reserve the right to disable any unauthorized links or frames, and hereby disclaim all liability for any material on any third party sites that may contain links to us. In order to repurpose, reprint, frame, or redistribute any content from World Roamer, you must first request our express written permission by contacting us with the following information: your name e-mail address telephone number company name URL where requested use will occur; and Details specifying the proposed linking or framing, including the content of World Roamer you would like to use. 15. COPYRIGHT, OWNERSHIP AND INTELLECTUAL PROPERTY 15.1 You Gain No Ownership: No intellectual property ownership rights transfer from you to us or us to you, as a result of this Agreement. The domain name, logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof are the proprietary property of World Roamer or its licensors and are protected by EU and international copyright laws. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on World Roamer without prior written permission. 15.2 License to Host Your Content: You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to store your content on and in relation to the Site/Services for as long as required in order to provide our services. 15.3 No Infringement of Third Party Rights: You agree and acknowledge you must not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right of any third party through your use of the Site/Services. Further, you acknowledge and agree that in the event of you infringing the intellectual property rights of any third party through World Roamer, it is you and not us that will be liable. 15.4 Copyright Infringing Content: World Roamer is protected by international safe-harbor provisions for online service providers and follows international best practice such as the principles of the EU Directive on Electronic Commerce and the US Digital Millennium Copyright Act (DMCA). We will act expeditiously to remove content as soon as we have we have actual knowledge that it infringes copyright. If you believe there is copyright infringing material on World Roamer, please report it by email to ADMIN with the following information: The name and address of the complaining party A description of the infringing materials and their Internet location, usually the URL Sufficient information to identify the copyrighted works A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of A statement of the accuracy of the notice and, under penalty of perjury, a statement that the complaining party is the owner or authorized to act on the behalf of the owner. 16. LICENCE TO USE OUR SERVICES You have a limited licence to use our Site and Services: You agree that we have no responsibility or liability for the deletion, corruption or failure to store any content maintained or transmitted on or by the Site/Services. You acknowledge that the features and services provided by us may change at any time without prior notice to you. You acknowledge that we reserve the right to sign out, terminate or delete your membership at any time and for any reason at our sole discretion. Except as expressly permitted by these Terms, you must not edit or otherwise modify any material on the Site/Services. We reserve the right to restrict your access to the Site/Services at our sole discretion and you must not circumvent or bypass, or attempt to circumvent or bypass, any such access restrictions. 17. PROHIBTED USE You must not: Use the Site and/or Services to infringe the intellectual property rights of any party. This means you must not share or publish any music, images, files, or any other content whatsoever if you are not the rightful owner or licensee. Use the Site/Services in any way or take any action that causes, or may cause, damage to them or impair their performance, availability or accessibility; Use the Site/Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; Use the Site/Services in order to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any SPAM, spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious software; Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to World Roamer without our express written consent; Access or otherwise interact with the Site/Services using any robot, spider or other automated means; Use data collected from the Site/Services for any direct marketing activity, including without limitation email marketing, SMS marketing, telemarketing and direct mailing. 18. YOUR CONTENTS 18.1 Permitted and Prohibited Content: It is strictly prohibited to submit media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms. 18.2 License to Your Content: You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to publish and share on World Roamer any content you provide to us in any way. 18.3 Use of Your Feedback: You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Site/Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback or suggestions you provide to us in any way. 18.4 Prohibited Content: You may not use World Roamer for any of the following purposes: Disseminating any content, including but not limited to music or images, to which you do not possess the requisite intellectual property rights or permissions. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material. Transmitting material that is or which encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice. Gaining unauthorised access to other computer systems. Interfering with any other person's use or enjoyment of World Roamer. Breaching any laws concerning the use of public telecommunications networks. Interfering or disrupting networks or websites connected to the Site/Services. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. Engaging in technically harmful behaviour, which includes but is not limited to: computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data and other malicious software or harmful data. 18.5 Right to Remove: We reserve the right to refuse to post material on the Site or to remove material already posted on the Site. 19. DISCLAIMER – NO WARRANTY YOU AGREE THAT YOUR USE OF THE SITE AND/OR SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL OF WORLD ROAMER’S OWNERS, OFFICERS, AUTHORS, MEMBERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH SITE AND SERVICES AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY LINKED APPS, SITES OR SERVICES AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS ANY WORLD ROAMER USER, (II) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE/SERVICES, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE/SERVICES BY ANY THIRD PARTY, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE/SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE AND/ORSERVICES AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND 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. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 20. LIMITATION OF LIABILITY IN NO EVENT WILL WORLD ROAMER OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SPONSORS, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR: I. ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE/SERVICES, EVEN IF WE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE; II. ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF, THE SITE/SERVICES; III. PERSONAL INJURY OR DEATH CAUSED BY YOUR USE OR MISUSE OF THE SITE/SERVICES; IV. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE SITE/SERVICES; OR V. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, PERSONAL INFORMATION OR DATA. AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. AS SET FORTH ABOVE, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR INTERACTIONS WITH USERS, SERVICE PROVIDERS AND OTHER THIRD PARTIES. YOU AGREE TO RELEASE US FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY INTERACTIONS WITH A USER, SERVICE PROVIDER OR A THIRD PARTY AND ANY ACTION OR INACTION BY A THIRD PARTY OR A USER OR SERVICE PROVIDER. Your sole and exclusive remedy for any cause or claim whatsoever relating to World Roamer shall be limited to you discontinuing your use of World Roamer. 21. INDEMNITY You agree to defend, indemnify and hold harmless World Roamer, its affiliates, officers, directors and employees from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising from or in connection with (i) your use or misuse of World Roamer, (ii) the distribution or transmission of any content or other materials by you or users authorized by you, or (iii) any violation of these Terms by you. We reserve the right to assume the exclusive defence and control of any matter subject to such indemnification and you hereby agree to cooperate with us in asserting any available defences. 22. ACCOUNT SECURITY 22.1 Password: If you register for an account with us you may be required to use a password. You must keep your password confidential and you must notify us immediately if you become aware of any disclosure of your password. You are responsible for any activity on World Roamer arising out of any failure to keep your password confidential, and may be held liable for any damages or losses arising out of such a failure. We are entitled to assume that anyone who accesses e Site and/or Services using your password does so by your authority. 22.2 Your Security Responsibilities: The security of information transmitted through the Internet can never be guaranteed. We disclaim all liability for any interception or interruption of any Internet transmissions or any changes to or losses of data. You are responsible for maintaining the security of your password. We may suspend your use, without notice, pending an investigation, if any breach of security is suspected. You are solely responsible for determining whether the security provided by us and our suppliers is sufficient for your purposes. If you do not agree the security is sufficient, it is your responsibility to either implement your own additional security or not use World Roamer. 22.3 Communication of Personal Information: You acknowledge and agree that by providing us with personal information through World Roamer, you consent to the transmission of that personal information over international borders as necessary for processing in accordance our Privacy Policy. 22.4 Access by Authorized User Only: Portions of the Site and/or Services may be restricted and/or are protected by password authentication. Such access and use is restricted strictly to authorized users. Any unauthorized access to such areas is strictly prohibited and may lead to criminal prosecution. 23. TERMINATION We reserve the right, in our absolute discretion, to terminate your access to all or part of the Site and/or Services without notice. Upon such termination or suspension you will be denied access to any information or files you have stored via World Roamer. 24. INTERNATIONAL USE We make no representation that content on the Site is appropriate or available for use in locations outside Germany. If you choose to access the Site from a location outside Germany you do so on your own initiative and you are responsible for compliance with local laws. Further, access to, linking to and use of the Site is subject to all applicable international and local laws and regulations. You agree not to access, link to or use the Site in any way that violates such laws or regulations. 25. GENERAL PROVISIONS 25.1 Entire Agreement: This Agreement contains the entire understanding between you and us and supersedes all prior representations, agreements, statement and understandings, either verbal or in writing. 25.2 Governing Law: You agree that the laws of the Federal Republic of Germany govern these terms and conditions of use, its subject matter, your use of the App and/or Site, and any claim or dispute that you may have against us. You further agree that any disputes or claims that you may have against us will be resolved by the courts of Germany, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE COURTS OF GERMANY OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; and (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS. 25.3 Waiver: Our failure to exercise or enforce any right or provision of these terms is not a waiver of such right or provision. 25.4 Severability: If any provision is found by a court of competent jurisdiction to be invalid, the parties agree that the court must as far as possible give effect to the parties’ intentions as reflected in it, and these terms otherwise remain in full force and effect. 25.5 Compliance with Laws: In using he Site and/or Services, you must comply with all applicable laws and regulations and, without limitation you must not use World Roamer (or allow it to be used) in connection with or in furtherance of any fraudulent scheme or purpose. 25.6 Software Updates: In order to keep the Site and/or Services up-to-date, we may offer automatic or manual updates at any time and without notice to you. 25.7 Subcontracting and Outsourcing: We will solely determine how to operate our systems and provide Services. We may subcontract or outsource any function as we see fit. 25.8 Law Enforcement: You authorise us to provide any information or comply with any request in relation to you or your account that is requested by any government, court or law enforcement agency. We are not obliged to verify or validate the identity or authority of any such government, court or law enforcement agency if it appears to us, acting in good faith, to be legitimate. 25.9 Relationship of Parties: All parties are independent contractors and this Agreement does not create a joint venture or partnership between World Roamer and any user, service provider or other third party. LAST UPDATE TO THE TERMS AND CONDITIONS: 21st September 2015

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