1. Your relationship with RoomQuest
1.1 Your use of the RoomQuest website (the “Website”) and any RoomQuest products, channels, software, data feeds and services, provided to you on or from or through the Website by RoomQuest (collectively the “Service”) is subject to the terms of a legal agreement between you and RoomQuest. “RoomQuest” means RQ Data Company Limited., who can be contacted by e-mail at [email protected]
1.2 The Terms form a legally binding agreement between you and RoomQuest in relation to your use of the Service. It is important that you take the time to read them carefully.
1.3 The Terms apply to all users of the Service, including users who are also contributors of Content, on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Service.
2. Accepting the Terms
2.1 In order to use the Service, you must firstly agree to the Terms. You may not use the Service if you do not accept the Terms.
2.2 You can accept the Terms by simply using the Service. You understand and agree that RoomQuest will treat your use of the Service as acceptance of the Terms from that point onwards.
2.3 You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with RoomQuest, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
3. Changes to the Terms
RoomQuest reserves the right to make changes the Terms from time to time, for example to address changes to the law or regulatory changes or changes to functionality offered through the Service. A modified version of the Terms (the “Modified Terms”) will be posted on the RoomQuest site or made available within the Service (for any modified additional terms). If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.
4. RoomQuest accounts
4.1 In order to access some features of the Website or other elements of the Service, you will have to create a RoomQuest account. When creating your account, you must provide accurate and complete information. It is important that you must keep your RoomQuest account password secure and confidential.
4.2 You must notify RoomQuest immediately of any breach of security or unauthorized use of your RoomQuest account that you become aware of.
4.3 You agree that you will be solely responsible (to RoomQuest, and to others) for all activity that occurs under your RoomQuest account.
4.4 RoomQuest may from time-to-time contact you using the email address, school address and telephone numbers supplied by you regarding their products and those of third parties, if you have expressly consented to do so or you have provided implied consent (e.g. by contacting us). You may contact us via [email protected] if you do not wish to receive such communications.
5. General restrictions on use
5.1 RoomQuest hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
A. you agree not to distribute any part of or parts of the Website or the Service, including but not limited to any Content, in any medium without RoomQuest’s prior written authorization, unless RoomQuest makes available the means for such distribution through functionality offered by the Service;
B. you agree not to alter or modify any part of the Website or any of the Service;
C. you agree not to access Content through any technology or means other than the RoomQuest activity pages or such other means as RoomQuest may explicitly designate for this purpose;
D. you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;
E. you agree not to use the Service for any of the following commercial uses unless you obtain RoomQuest’s prior written approval:
i. the sale of access to the Service
ii. the sale of advertising, sponsorships or promotions placed on or within the Service, or Content;
iii. the sale of advertising, sponsorships or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service unless other material not obtained from RoomQuest appears on the same page and is of sufficient value to be the basis for such sales
F. prohibited commercial uses shall not include (i) uploading pornography content to the RoomQuest site; (ii) using pornography content contained within the RoomQuest site, within the game
G. if you use the RoomQuest User on your website may not modify, build upon or block any portion or functionality of the RoomQuest User including but not limited to links back to the Website;
H. you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the RoomQuest servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
I. you agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include RoomQuest account names);
J. you agree not to use the Website or the Services (including the comments and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
K. you agree not to solicit, for commercial purposes, any users of the Website with respect to their Content; and
L. you agree not to access Content or any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Service.
M. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of RoomQuest or the respective licensors of the Content.
5.3 RoomQuest grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. RoomQuest reserves the right to revoke these exceptions either generally or in specific cases.
5.4 RoomQuest is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which RoomQuest provides may change from time to time without prior notice to you.
5.5 As part of this continuing innovation, you acknowledge and agree that RoomQuest may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at RoomQuest’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform RoomQuest when you stop using the Service.
5.6 You agree that you are solely responsible for (and that RoomQuest has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which RoomQuest may suffer) of any such breach.
6. Copyright policy
6.1 RoomQuest respects the copyright of third parties. It will remove any content which is identified as belonging to a third party – you can do this by contacting us via email.
6.2 As part of RoomQuest’s copyright policy, RoomQuest will terminate user access to the /Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
7. Content
7.1 As a RoomQuest account holder you may submit Content. You understand that whether or not Content is published, RoomQuest does not guarantee any confidentiality with respect to Content.
7.2 You retain all of your ownership rights in your Content, but you are required to grant limited licence rights to RoomQuest and other users of the Service. These are described in paragraph 8 of these Terms (Rights you licence).
7.3 You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. RoomQuest does not endorse any Content or any opinion, recommendation, or advice expressed therein, and RoomQuest expressly disclaims any and all liability in connection with Content.
7.4 You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable RoomQuest to use your Content for the purposes of the provision of the Service by RoomQuest, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
7.6 You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for RoomQuest to use or possess in connection with the provision of the Service.
7.7 You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant RoomQuest the licence referred to in paragraph 8.1 below.
7.8 On becoming aware of any potential violation of these Terms, RoomQuest reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User’s access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
7.9 You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against RoomQuest with respect to any such Content.
7.10 You agree that you will not (unless you have our express prior permission):
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reproduce, duplicate, copy or resell any part of the Services or related content;
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resell, rent, lease, sub-license, loan, provide, distribute, or otherwise make available, your right to use or access RoomQuest or any part of it, in any form, in whole or in part to any person without prior written consent from us;
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disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of RoomQuest or any content on it nor attempt to do any such things, except to the extent permitted by law;
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copy, translate, merge, adapt, vary, alter or modify, the whole or any part of RoomQuest or any content on it, nor permit RoomQuest or any part of it to be combined with, or become incorporated in, any other programs or channels, except as necessary to use RoomQuest as permitted in these User Terms;
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use RoomQuest maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into RoomQuest or any operating system;
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use RoomQuest in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users, including by removing, circumventing, damaging or otherwise interfering with security-related features that prevent or restrict use or copying, pasting, printing, downloading or sharing of any content, or that enforce limitations on the use of the Services or related content;
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access, collect, harvest or modify any information, content or data related to the Services using any robot, spider, scraper or other automated means or any manual process for any purpose, or attempt to decipher any transmissions to or from the servers running RoomQuest ;
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access, search or create accounts for RoomQuest by any means other than our publicly supported interfaces (e.g. “scraping” or creating accounts in bulk);
8. Rights you licence
8.1 When you upload or post Content to RoomQuest, you grant:
A. to RoomQuest, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and RoomQuest’s business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels;
B. to each user of the Service, a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms.
8.2 The above licenses granted by you in Content terminate when you remove or delete your Content from the Website. The above licenses granted by you in textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph 7.2 above.
9. RoomQuest content on the Website
9.1 With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licensed to RoomQuest, and is subject to copyright, trade mark rights, and other intellectual property rights of RoomQuest or RoomQuest’s licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of RoomQuest or, where applicable, RoomQuest’s licensors. RoomQuest and its licensors reserve all rights not expressly granted in and to their Content.
10. Links from RoomQuest
10.1 The Service may include hyperlinks to other web sites that are not owned or controlled by RoomQuest. RoomQuest has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
10.2 You acknowledge and agree that RoomQuest is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
10.3 You acknowledge and agree that RoomQuest is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
10.4 RoomQuest encourages you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.
11. Ending your relationship with RoomQuest
11.1 The Terms will continue to apply until terminated by either you or RoomQuest as set out below.
11.2 If you want to terminate your legal agreement with RoomQuest, you may do so by (a) notifying RoomQuest at any time and (b) closing your RoomQuest account. Your notice should be sent, in writing, to RoomQuest’s address which is set out at the beginning of these Terms.
11.3 RoomQuest may at any time terminate its legal agreement with you if:
A. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
B. RoomQuest is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
11.4 RoomQuest may terminate its legal agreement with you if:
A. RoomQuest is transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the Service; or
B. the provision of the Service to you by RoomQuest is, in RoomQuest’s opinion, no longer commercially viable
and in the case of each of A and B of this clause 11.4 shall, where possible, give reasonable notice of such termination.
11.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and RoomQuest have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 14.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
12. Exclusion of Warranties
12.1 Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
12.2 The Service is provided “as is” and RoomQuest makes no warranty or representation to you with respect to them.
12.3 In particular RoomQuest does not represent or warrant to you that:
A. your use of the Service will meet your requirements,
B. your use of the Service will be uninterrupted, timely, secure or free from error,
C. any information obtained by you as a result of your use of the Service will be accurate or reliable, and
D. that defects in the operation or functionality of any software provided to you as part of the Service will be corrected.
12.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.
13. Limitation of Liability
13.1 Nothing in these Terms shall exclude or limit RoomQuest’s liability for losses which may not be lawfully excluded or limited by applicable law.
13.2 Subject to the overall provision in paragraph 13.1 above RoomQuest shall not be liable to you for:
A. any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you;
B. any loss or damage which may be incurred by you as a result of:
i. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;
ii. any changes which RoomQuest may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
iii. the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service;
iv. your failure to provide RoomQuest with accurate account information;
v. your failure to keep your password or RoomQuest account details secure and confidential.
13.3 The limitations on RoomQuest’s liability to you in paragraph 13.2 above shall apply whether or not RoomQuest has been advised of or should have been aware of the possibility of any such losses arising.
14. General legal terms
14.1 The Terms constitute the whole legal agreement between you and RoomQuest and govern your use of the Service and completely replace any prior agreements between you and RoomQuest in relation to the Service. All other terms of service that Google Inc. and any of its subsidiaries may have in place from time to time are expressly excluded from the Terms.
14.2 You agree that RoomQuest may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
14.3 You agree that if RoomQuest does not exercise or enforce any legal right or remedy which is contained in the Terms (or which RoomQuest has the benefit of under any applicable law), this will not be taken to be a formal waiver of RoomQuest’s rights and that those rights or remedies will still be available to RoomQuest.
14.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
14.5 No other person or company shall be a third party beneficiary of the Terms.
14.6 The Terms, and your relationship with RoomQuest under the Terms, shall be governed by English law. You and RoomQuest agree to submit to the exclusive jurisdiction of the courts of England & Wales to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that RoomQuest shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
15 Disclaimer of Warranties
The Services are provided for general information purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from RoomQuest.
THE SERVICES ARE PROVIDED “AS-IS” AND ON AN “AS AVAILABLE” BASIS AND YOU USE IT SOLELY AT YOUR OWN RISK. RoomQuest DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONALITY OF ANY OF THE SERVICES WILL BE IN GOOD REPAIR OR ERROR-FREE OR FREE FROM DELAYS, DEFECTS, OMISSIONS, INTERRUPTIONS OR INACCURACIES. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED BY RoomQuest TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Therefore, WITHOUT LIMITING THE RELEASE OF LIABILITY:
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to the fullest extent permissible by law, RoomQuest hereby disclaims and make no representations, warranties, endorsements, or promises, express or implied, as to: (i) the Services (including Contributions); (ii) the functions, features, or any other elements on, or made accessible through, the Services, including whether the Services will be available at any particular time or location; (iii) whether information or instructions offered or referenced at or linked through the Services is accurate, complete, correct, adequate, useful, timely, or reliable; (iv) whether the Services or the servers that make the Services available are free from any harmful components; and (v) whether your use of the Services is lawful in any particular jurisdiction.
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THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. RoomQuest IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
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IN NO USAGE SHALL RoomQuest BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES OF ANY KIND OR INJURIES ARISING FROM THE SERVICES; AND
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YOU HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, RoomQuest IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, (C) YOUR BREACH OF THESE USER TERMS AND/OR YOUR VIOLATION OF ANY LAW, RULE, REGULATION, AND/OR ORDINANCE, (D) ANY NEGLIGENCE, MISCONDUCT, AND/OR OTHER ACTION AND/OR INACTION BY YOU OR ANY THIRD PARTY.
SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF VARIOUS WARRANTIES, SO ONE OR MORE OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE FULL EXTENT PERMISSIBLE UNDER THOSE LAWS.
15.1 Please back-up your content and data
While we have taken reasonable security measures, we recommend that you regularly back up any content and data used in connection with the Services.
15.2 Check that the Services are suitable for you
The Services have not been developed to meet your individual requirements. Please check that the facilities and functions of RoomQuest meet your requirements.
15.3 We are not responsible for Usage outside our control
If the provisioning of the Services is delayed outside our control, we will contact you as soon as reasonably possible to let you know and we will take steps to minimize the effect of the delay. Provided we have acted reasonably in letting you know about the delay where it is possible for us to do so, we will not be liable for delays caused by the user.
15.5 We are not responsible for third party websites and services
The Services can connect (and may contain links or referrals) to third party and other independent websites and services which are not provided by us. Such websites and services are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use them, including whether to buy any products or services offered by them or whether to distribute your content to their platform.
16. GDPR
RoomQuest complies with the terms of General Data Protection Regulation 2018. Our Privacy and Data Notice shall form part of these terms.
