General Terms and Conditions
I. Scope of application
- The following General Terms and Conditions lay down the conditions under which the services offered by Roomle GmbH in connection with the Roomle product can be used by the users. Roomle GmbH operates the services of Roomle under various top-level domains (roomle.com, roomle.at, etc.) and under various subdomains and aliases of those domains.
- By using and/or registering with Roomle, you expressly agree to these General Terms and Conditions. Roomle expressly reserves the right to amend or adapt the General Terms and Conditions at any time with prospective effect. The users will be informed of such amendments or adaptations by being sent the new General Terms and Conditions to the email address provided by the relevant user during registration. If the General Terms and Conditions are amended, the user is entitled to terminate the contractual relationship in writing within a period of 30 days of being sent the amended General Terms and Conditions. If the user does not terminate the contractual relationship within that 30-day period, the amended General Terms and Conditions are deemed agreed on.
II. Services of Roomle
- Roomle is a multimedia platform that is operated by Roomle GmbH as an independent portal and aims to enable users to submit and publish their own contents, exchange their views on such contents with others and share contents with a broad and open community. The services made available on Roomle include, among other things, the possibility for users to submit various contents, such as images or texts, to Roomle and to rate and comment on other users’ contents or participate in polls.
- Roomle GmbH respects the intellectual property of third parties, personal integrity and personal privacy, especially that of the persons portrayed in the contents, and asks its users to do the same.
- After having successfully registered, the users agree to use the services offered to them on Roomle for private purposes only, unless a separate agreement on commercial use has been concluded between the relevant user and Roomle GmbH.
- The user is entitled to use and publish screenshots of Roomle contents for non-commercial purposes, provided that the user ensures that every time such content is displayed, it is accompanied by a clearly visible link to roomle.com.
- Certain functions of Roomle require prior registration of the user.
- The user is obligated to fill in all fields provided in the registration form truthfully and accurately. Registration can only be successfully completed if all mandatory fields have been filled in completely. Each user may only register once and create only one user profile.
- Only users with full legal capacity or those acting with the approval of their legal representatives are entitled to use Roomle.
- Users are obligated to keep their password confidential and not to disclose it to any other person. If a user learns that third parties have gained knowledge of or are using their password, the relevant user must notify Roomle GmbH thereof without delay.
- By registering for the newsletter, the user agrees to being sent a Roomle newsletter to the email address specified during the registration process.
- The registration with and use of Roomle are free of charge, unless individual services are expressly designated as being subject to a fee on the Roomle web portal. There is no obligation for a registered user to use any services of Roomle GmbH that are subject to a fee.
IV. Storage of Contents, Responsibility and Prohibited Contents
- Roomle GmbH provides the users with storage space on Roomle for the contents submitted by them, including, without limitation, texts and images.
- The user is solely responsible for the contents uploaded by him/her. The user therefore assures that the contents are either in the public domain or that the user can exercise the required rights of the rights holders (including, without limitation, copyrights, trademark rights, rights to names and signs) and does not infringe any rights to privacy. This applies to texts and images as well as plans of the user. The user also assures that the contents placed on Roomle and, in particular, on the storage space by him/her are neither contrary to statutory provisions nor to good morals. In particular, contents must not be of a nature that glorifies violence or that is threatening, abusive, racist, defamatory, harassing, offensive, pornographic or morally harmful to youth in any other way.
- Users are expressly made aware of the provisions of the Pornography Act (Pornographiegesetz), Federal Law Gazette 1950/97, as amended, the National Socialism Prohibition Act (Verbotsgesetz) of 8 May 1945, State Law Gazette 13, as amended, and the relevant provisions of the Criminal Code (Strafgesetzbuch), according to which the transmission, dissemination and display of certain contents are subject to statutory limitations. The user undertakes to comply with those legal regulations and assumes sole responsibility towards Roomle GmbH for compliance with those legal regulations. The user also undertakes to indemnify Roomle GmbH against any other damage resulting from the data put into circulation by the user, including, without limitation, from private criminal actions on the grounds of defamation, insult or damage to credit reputation (sections 111, 115, 152 of the Criminal Code), from proceedings under the Media Act (Mediengesetz), the Copyright Act (Urheberrechtsgesetz) or for defamation of character and/or damage to credit reputation under civil law (section 1330 of the General Civil Code [Allgemeines Bürgerliches Gesetzbuch]).
- Users are not allowed to submit contents to Roomle that aim to spread or advertise political or ideological views (in particular by using symbols or signs representing such views) or that pursue political or ideological goals (such as petitions, calls for opinions, gatherings, etc.).
- Furthermore, the user is responsible to ensure that the contents placed on the storage space on Roomle by him/her are free from viruses, worms, Trojans or other programs that could jeopardise or adversely affect the proper functioning or existence of Roomle or the systems of other users.
- Roomle GmbH is entitled to ban or remove contents that violate the conditions set out in these General Terms and Conditions. The user has no right to demand that a ban be lifted or that contents that have already been removed be resubmitted by Roomle GmbH. Notwithstanding the right to ban or remove such contents, Roomle GmbH remains entitled to exclude the user from future use of the services offered on Roomle and/or to assert claims (including, without limitation, claims for damages) against that user.
- The preceding provisions in items IV.a) to IV.f) apply equally to posts made by users within the forums on Roomle. Roomle GmbH is neither responsible, nor does it endorse or accept liability for forum posts made by users and/or links or linked third-party websites posted to the forums.
V. Duration of the right of use
- The user can terminate his/her membership at any time by giving notice to Roomle GmbH.
- Roomle GmbH is entitled to terminate a user’s right to use the services if the user either (i) fails to comply with the obligations set forth in these General Terms and Conditions or (ii) does not use the services made available on Roomle for a period of more than six months.
- In each case where a user’s right of use is terminated, Roomle GmbH is entitled to delete the contents submitted by the relevant user. The user is not entitled to demand that the contents submitted by the user be returned or provided to him/her in any other way.
- Notwithstanding the foregoing, Roomle GmbH is entitled to discontinue Roomle, the services offered through Roomle or parts thereof at any time and without prior notice. The user’s right of use automatically expires to the corresponding extent.
VI. Grant of rights
- The user permits Roomle GmbH to use the submitted contents to provide the services accessible on Roomle and grants Roomle GmbH the rights to the contents required for that purpose at no charge. The user has the right to object to the publication, reproduction, dissemination or transmission to third parties by Roomle of the contents generated by the user (the „User-Generated Contents“).
- Roomle GmbH is entitled to place advertisements – if appropriate also in a personalised manner by means of social and/or behavioural targeting or by other means – in the surrounding areas of the contents that have been made publicly accessible and by using such contents and/or to carry out other promotional activities (collectively the „Promotional Activities“). The user herewith expressly agrees to the above.
- As Roomle is an open community, the user expressly agrees that third parties are entitled to link or otherwise refer to published User-Generated Contents from external sources. Also, the purpose of the community requires that published User-Generated Contents are freely available to third parties and can, in particular, be used by third parties for their own purposes. In any event, the user is solely responsible for the contents submitted by him/her.
- The user also permits Roomle GmbH to edit the submitted contents and, in particular, to adapt them to the format specifications required for use, to improve their display quality and to use them internally to improve the Roomle software.
- The rights granted to Roomle GmbH by the user expire upon removal of the contents from the range of services offered by Roomle.
- The user guarantees to Roomle GmbH that he/she holds all required rights to the submitted contents and that he/she neither infringes any third-party rights of whatever kind, nor violates any statutory provisions, and indemnifies Roomle GmbH, its affiliates as well as the representatives, employees, shareholders and vicarious agents of Roomle GmbH or affiliates of Roomle GmbH upon first request against all claims that are brought against Roomle GmbH by third parties based on the allegation that the contents submitted to Roomle by the user infringe their rights or violate statutory provisions – this also includes the reasonable costs of legal defence.
- Roomle GmbH permits the user during his/her membership to use the services offered on Roomle by Roomle GmbH and grants the user the non-transferrable right of use for that purpose.
- Notwithstanding the preceding paragraphs VI.a) to VI.g), it is agreed that, in the case of users who are using the services accessible on Roomle through a Roomle partner on a “branded version” of the Roomle platform (clearly recognisable by a specific address that reads “name- of-the-partner.roomle.com”), Roomle is entitled to provide login and planning data as well as the usage data required to use the “branded version” to the relevant Roomle partner for the purpose of further processing.
VII. Availability of services
- The user acknowledges that Roomle GmbH itself does not assume any guarantee or warranty for the availability of the services offered on Roomle by Roomle GmbH. Roomle GmbH expressly reserves the right to discontinue Roomle or the services offered through Roomle in whole or in part or to limit their availability, even without prior notice.
- In view of the above, Roomle GmbH does not assume any responsibility for the availability of the offered services for use by the users at any time and/or without any interruptions. Roomle GmbH does also not warrant that contents submitted by the users can be accessed, displayed or edited again later.
- Roomle GmbH excludes, to the greatest extent possible, all liability for damage incurred by the user himself/herself or by third parties in connection with Roomle. Rather, it is the user himself/herself who is responsible for using Roomle in a manner that ensures that no damage is suffered by the user or third parties, regardless of whether or not the services of Roomle were used in accordance with their intended purpose, and regardless of whether or not the services of Roomle were functioning properly at all times from the viewpoint of Roomle GmbH. In particular, any liability for consequential damage and lost profit as well as compensation for damage to property is also excluded by mutual agreement in accordance with section 9 of the Product Liability Act. The liability of Roomle GmbH for injury to life, body and health and the liability under the Product Liability Act remain unaffected. The preceding limitations of liability also apply in the case of a breach of duty by the legal representatives or vicarious agents of Roomle GmbH.
- Any other claims for damages against Roomle GmbH become time-barred after expiry of 12 months from the date on which they arose, except where the claims are based on an intentional or unlawful act or where they involve liability under the Product Liability Act.
- The preceding limitations of liability also apply to affiliates of Roomle GmbH and to any personal liability of the employees, representatives, shareholders and vicarious agents of Roomle GmbH and/or affiliates of Roomle GmbH.
- Any liability on the part of Roomle GmbH for products acquired by the user from third parties is excluded in any event, even if such third party was named or such acquisition was arranged by Roomle GmbH.
IX. Independent service providers
- Services offered through Roomle by third parties (so-called Internet content providers, IPCs) may be subject to additional conditions and fees for the user. The user is obligated to obtain information about the general terms and conditions and the fees of ICPs before using their services. The contractual relationship regarding the services offered by an ICP is established exclusively between the ICP and the user, but not with Roomle GmbH.
- Roomle GmbH does not assume any liability whatsoever for services provided by ICPs.
X. Notification of legal violations
- If users submitted contents to Roomle which you believe to be in violation of these General Terms and Conditions or of statutory provisions, please inform us thereof, specifying the exact location where the content is stored.
XI. Industrial property rights of Roomle GmbH
- The user acknowledges that all trademark and other industrial property rights and all signs relating to the services offered by Roomle belong exclusively to Roomle GmbH and may not be used without the prior written consent of Roomle GmbH. Also, no software associated with the services offered may be copied, decompiled or altered in any other way, unless Roomle GmbH has given its express consent.
XII. Privacy & consent pursuant to section 107 of the telecommunications act
- The user agrees to receive communications for marketing purposes as referred to in section 107 of the Telecommunications Act (Telekommunikationsgesetz) from Roomle GmbH or from companies commissioned by Roomle GmbH for this purpose. Such communications may also contain personalised Promotional Activities as referred to in VI.b). This consent can be revoked by the user at any time.
XIII. Place of performance, place of jurisdiction, choice of law & contract language
- The place of performance is Linz.
- Legal disputes with consumers as defined by the Consumer Protection Act (Konsumentenschutzgesetz) who have their place of residence or habitual residence in Austria or who are employed in Austria fall within the jurisdiction of the court specified by law.
- These General Terms and Conditions and the contract between the user and Roomle GmbH are exclusively governed by Austrian law, excluding the conflict-of-laws rules of private international law and the UN Sales Convention.
- The contract language is German.
XIV. General provisions
- If individual provisions in these General Terms and Conditions are ineffective, the effectiveness of the remaining provisions is not affected. Ineffective or void provisions are to be replaced by provisions whose contents and purpose most closely correspond to the commercial intent of the parties. This applies accordingly in case any provisions are missing in these General Terms and Conditions.
- Unless mandatory statutory provisions provide otherwise, all legally binding statements in connection with the contractual relationship between the user and Roomle GmbH must be made in writing and sent to the other party’s e-mail address last made known in writing. If a statement is sent to the e-mail address last made known in writing, the relevant party is deemed to have received such statement.
- The headings chosen for the individual sections of these General Terms and Conditions are for convenience only and are thus not to be used to interpret these General Terms and Conditions or the contract between the user and Roomle GmbH.
XV. Right of withdrawal
- A user who is a consumer within the meaning of the Consumer Protection Act may – unless a statutory exemption applies – withdraw from a distance contract within a period of fourteen days. It is sufficient if the statement of withdrawal is sent within that period.
- The withdrawal period will expire after fourteen days. In the case of contracts for the provision of services, the period begins to run on the day the contract is concluded.
- To exercise the right of withdrawal, the user must inform Roomle GmbH of his/her decision to withdraw from the contract concluded with Roomle GmbH on the basis of the registration by an unequivocal statement (e.g. by letter, fax or e-mail). For that purpose, the user may write an email to Roomle GmbH.