Last Updated on October
6, 2009
These terms apply to
your use of the websites located at www.theroamingjew.com, www.theroamingjew.net, www.theroamingjew.info, www.theroamingjew.MOBI, www.theroamingjew.org and www.theroamingjew.us, (collectively, the "Site").
By accessing, browsing, crawling, scraping or in any way using the Site,
you agree to these terms, our privacy policy posted here,
and all other guidelines or policies referenced herein (collectively,
the "Terms of Service").
PLEASE READ THE TERMS
OF SERVICE CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE
OF THE TERMS OF SERVICE. DO NOT USE THE SITE IF YOU ARE UNWILLING OR
UNABLE TO BE BOUND BY THE TERMS OF SERVICE.
- Definitions.
- A "user"
is someone who accesses, browses, crawls, scrapes, or in any way uses
the Site. The terms "you" and "your"
refer to you, as a user of the Site. The terms "we",
"us", "our", and "TheRoamingJew.com"
refer to The Roaming Jew.com LLC, a Arizona LLC
- "Content"
means text, images, photos, audio, video, and all other forms of data
or communication. "Your Content" means Content that
you submit or transmit to or through the Site, such as ratings, reviews,
compliments, invitations, and information that you display as part of
your account profile. "User Content" means Content
that users submit or transmit to or through the Site. "The Roaming
Jew" means Content that we create and make available on the
Site. "Third Party Content" means Content that is made
available on the Site by parties other than The Roaming Jew or its users,
such as data providers who license data to The Roaming Jew for use on
the Site. "Site Content" means all of the Content that
is made available on the Site, including Your Content, User Content,
Third Party Content, and The Roaming Jew Content.
- Changes
to the Terms of Service.
We may modify the
Terms of Service from time to time. When changes are made, we will notify
you by making the revised version available on this webpage and will
indicate at the top of this page the date that revisions were last made.
You should revisit these Terms of Service on a regular basis as revised
versions will be binding on you. Any such modification will be effective
upon our posting of new Terms of Service. Your continued use of the
Site after any posted modification to the Terms of Service indicates
your acceptance of the modification.
- User Accounts.
To use some of the
features on the Site, you may be required to create an account and provide
information about yourself to us. You are responsible for maintaining
the confidentiality of your account password. You are also responsible
for all activities that occur in connection with your account. You agree
to notify us immediately of any unauthorized use of your account. We
reserve the right to close your account at any time for any or no reason.
- Use of
the Site.
We grant you permission
to use the Site subject to the restrictions in these Terms of Service.
In using the Site, you may be exposed to Content that is offensive,
indecent, inaccurate, objectionable, or otherwise inappropriate. The
Roaming Jew does not endorse such Content, and cannot vouch for its
accuracy.
- Restrictions
on Use.
You agree that you
will not, and will not assist or enable others to:
- use the Site
to threaten, stalk, defraud, incite, harass, or advocate the harassment
of another person, or otherwise interfere with another user's use of
the Site;
- use the Site
to submit or transmit spam, chain letters, contests, junk email, pyramid
schemes, surveys, or other mass messaging, whether commercial in nature
or not;
- use the Site
for promotional or commercial purposes, except as expressly allowed
in writing by The Roaming Jew;
- use the Site
in a manner that may create a conflict of interest, such as trading
reviews with other business owners or writing or soliciting shill reviews;
- use the Site
for keyword spamming or to otherwise attempt to manipulate natural search
results;
- use the Site
to promote bigotry or discrimination against protected classes;
- use the Site
to violate any third-party right, including any breach of confidence,
copyright, trademark, patent, trade secret, moral right, privacy right,
right of publicity, or any other intellectual property or proprietary
right;
- use the Site
to submit or transmit pornography or illegal content;
- use the Site
to solicit personal information from minors or to harm or threaten to
cause harm to minors;
- use the Site
in violation of the Terms of Service or any applicable law;
- modify, adapt,
appropriate, reproduce, distribute, translate, create derivative works
or adaptations of, publicly display, sell, trade, or in any way exploit
the Site or Site Content (other than Your Content), except as expressly
authorized by The Roaming Jew;
- reverse engineer
any portion of the Site, except as may be permitted under the law;
- remove or
modify any copyright, trademark or other proprietary rights notice on
the Site or on any materials printed or copied off of the Site
- record, process,
or mine information about other users;
- use any robot,
spider, site search/retrieval application, or other automated device,
process or means to access, retrieve, scrape, or index the Site or any
Site Content;
- access, retrieve
or index the Site to for purposes of constructing or populating a searchable
database of business reviews;
- reformat
or frame any portion of the Site;
- take any
action that imposes, or may impose in our sole discretion, an unreasonable
or disproportionately large load on The Roaming Jew's technology infrastructure;
- attempt to
gain unauthorized access to the Site, user accounts, computer systems
or networks connected to the Site through hacking, password mining or
any other means; use the Site or any Site Content to transmit any computer
viruses, worms, defects, Trojan horses or other items of a destructive
nature (collectively, "Viruses"); use any device, software
or routine that interferes with the proper working of the Site, or otherwise
attempt to interfere with the proper working of the Site; make excessive
traffic demands; use the Site to violate the security of any computer
network, crack passwords or security encryption codes; disrupt or interfere
with the security of, or otherwise cause harm to, the Site or Site Content;
remove, circumvent, disable, damage or otherwise interfere with any
security-related features of the Site, features that prevent or restrict
the use or copying of Site Content, or features that enforce limitations
on the use of the Site.
- Permission
to Use Your Content.
We may use Your Content
in a number of different ways, including displaying it on the Site,
reformatting it, incorporating it into other works, creating derivative
works from it, promoting it, distributing it, and allowing others to
do the same in connection with their own websites and media platforms
("Other Media"). As such, you irrevocably grant us
permission to use Your Content for any purpose. You also irrevocably
grant the Site's users and the users of any Other Media the right to
access Your Content in connection with their use of the Site and any
Other Media. Finally, you irrevocably waive, and cause to be waived,
any claims and assertions of moral rights or attribution with respect
to Your Content.
- Responsibility
for Your Content.
You alone are responsible
for Your Content. You assume all risks associated with Your Content,
including anyone's reliance on its accuracy, completeness or usefulness,
or any disclosure by you of information in Your Content that makes you
personally identifiable. You represent that you own, or have the necessary
permissions to use, and authorize the use of, Your Content as described
herein. You may not imply that Your Content is in any way sponsored
or endorsed by The Roaming Jew.
You may expose yourself
to liability if, for example, Your Content violates any third-party
right, including any copyright, trademark, patent, trade secret, moral
right, privacy right, right of publicity, or any other intellectual
property or proprietary right; contains material that is false, intentionally
misleading, or defamatory; contains material that is unlawful, including
illegal hate speech or pornography; exploits or otherwise harms minors;
or violates or advocates the violation of any law or regulation.
- Use of
Content.
We may remove or
reinstate User Content from time to time at our sole discretion. For
example, we may remove a review if we believe it violates our content
guidelines. We have no obligation to retain or provide you with copies
of Your Content, nor do we guarantee any confidentiality with respect
to Your Content.
The Roaming Jew and
its licensees may display advertisements and other information adjacent
to or included with Your Content on the Site and Other Media. You are
not entitled to any compensation for such advertisements. The manner,
mode and extent of such advertising are subject to change without specific
notice to you.
- Copyright
Dispute Policy.
We have has adopted
the following policies and procedures toward copyright infringement
in accordance with Title 17, United States Code, Section 512(c), which
is part of the Digital Millennium Copyright Act ("DMCA").
The address of The Roaming Jew's Designated Agent to Receive Notification
of Claimed Infringement ("Designated Agent") is provided
at the bottom of this section. It is The Roaming Jew's policy to (i)
respond to notices of alleged copyright infringement that comply with
the DMCA; and (ii) terminate the accounts of those determined by The
Roaming Jew to be "repeat infringers".
- Procedure
for Reporting Copyright Infringements. If you are a copyright owner
or agent thereof, and believe that your copyright is being infringed
in connection with the Site, please send a written notification to the
Designated Agent detailing the alleged infringement. Your written notification
must include:
- Identification
of the copyrighted work that you claim has been infringed;
- Identification
of the Content on the Site that allegedly infringes upon the copyrighted
work at issue, and information reasonably sufficient to permit The Roaming
Jew to locate such Content;
- A statement
by you that you have a good faith belief that the use of the Content
identified in your notice in the manner complained of is not authorized
by the copyright owner, its agent, or the law;
- A statement
by you that you attest, under penalty of perjury, that the information
in your notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf; and
- Your physical
or electronic signature, together with your contact information (address,
telephone number and, if available, email address).
Please note that
The Roaming Jew may, at its sole discretion, send a copy of such notices
to third parties for publication. For example, your letter (with personal
information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication. Please note
that you may be subject to liability under Section 512(f) of the DMCA
if you materially misrepresent that content on the Site infringes your
copyright.
- Procedure
to Supply a Counter-Notice to the Designated Agent. If you believe
that Content has been mistakenly removed from the Site pursuant to this
DMCA policy, you may send a written counter-notice to the Designated
Agent including the following:
- Identification
of the Content that was removed, and the location on the Site where
it would have been found prior to its removal;
- A statement
under penalty of perjury that you have a good faith belief that the
Content was removed as a result of a mistake or misidentification;
- A statement
that you consent to the jurisdiction of the Federal District Court for
the judicial district in which your address is located, or if your address
is located outside the United States, for any judicial district in which
The Roaming Jew is located, and that you will accept service of process
from the person who provided notification under 512(c)(1)(C) or an agent
of such person; and
- Your physical
or electronic signature, together with your contact information (address,
telephone number and, if available, email address).
- Address
for Designated Agent. Please contact the Designated Agent at the
following address:
Elias Setton
Copyright Agent, The Roaming Jew.com, LLC.
6532 E Aster Drive
Scottsdale, AZ 85254
Phone: (480) 629-4899
Email
here
The Designated Agent
should only be contacted in connection with the issues raised in this
Section. All other inquiries directed to the Designated Agent will not
be responded to; instead, such inquiries should be made through the
procedures referenced in Sections 14 or 21 below.
- Content
Feeds.
If we make some of
the Site Content (the "Feed Content") available via
Real Simple Syndication and Atom feeds (the "Feeds").
You may access and use the Feeds in order to display Feed Content on
your personal computer, website, or blog, provided that (a) your use
of the Feeds is for personal, non-commercial purposes only, (b) your
display of the Feed Content links back to the relevant pages on the
Site and attributes The Roaming Jew as the source of the Feed Content,
(c) your use or display of the Feed Content does not suggest that The
Roaming Jew promotes or endorses any third party causes, ideas, web
sites, products or services, (d) you do not redistribute the Feed Content,
and (f) your use of the Feeds does not overburden The Roaming Jew's
systems. The Roaming Jew reserves all rights in the Feed Content and
may terminate the Feeds at any time. Please select "Partnerships"
on our contacts page here to inquire about other possible
uses of the Feeds.
- Site Availability.
We reserve the right
to modify, update, or discontinue the Site at our sole discretion, at
any time, for any or no reason, and without notice or liability.
- Unauthorized
Access.
We reserve the right
to exercise whatever lawful means we deem necessary to prevent unauthorized
access to or use of the Site, including, but not limited to, technological
barriers, IP mapping, and contacting your Internet Service Provider
(ISP) regarding such unauthorized use.
- Investigations.
We are under no obligation
to monitor the Site or Site Content. However, we reserve the right to
investigate possible violations of the Terms of Service, block users
from the Site, and refer matters to law enforcement authorities for
further investigation. We may disclose information to third parties,
including Your Content, in accordance with the privacy policy posted here.
- Feedback.
- Dissatisfaction.
If you are dissatisfied with the Site, please provide feedback through
our contacts page here. Your only other remedy with
respect to any dissatisfaction with (i) the Site, (ii) the Terms of
Service, (iii) any policy or practice of The Roaming Jew in operating
the Site, or (iv) any content or information transmitted through the
Site, is to terminate the Terms of Service and your account.
- Suggestions
and Improvements. By sending us any ideas, suggestions, documents
or proposals ("Feedback"), you agree that (i) your
Feedback does not contain the confidential or proprietary information
of third parties, (ii) we are under no obligation of confidentiality,
express or implied, with respect to the Feedback, (iii) we may have
something similar to the Feedback already under consideration or in
development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free,
perpetual, worldwide license to use, modify, publish, distribute and
sublicense the Feedback.
- Termination.
- We may terminate
or suspend your account or ability to use the Site, in whole or in part,
at our sole discretion, for any or no reason, and without notice or
liability of any kind. For example, we may terminate or suspend your
account or ability to use the Site if you breach the Terms of Service
or are suspected of involvement in illegal activity. Any such termination
or suspension could prevent you from accessing your account, the Site,
Your Content, Site Content, or any other related information.
- You may terminate
the Terms of Service at any time by closing your account, discontinuing
your use of any and all parts of the Site, and providing The Roaming
Jew with a notice of termination here under the drop-down heading
"Help me use The Roaming Jew" with the sub-topic "Close
my account". If you close your account, we will use commercially
reasonable efforts to stop displaying your account profile on the Site,
but may continue to display Your Content where it implicates other users
(e.g., compliments that you have sent to other users and comments that
you have posted to The Roaming Jew Talk).
- In the event
of any termination, whether by you or us, Sections 6, 8, 9, 13, 14,
15, 16, 17, 18, and 20 of the Terms of Service will continue in full
force and effect, including our right to use Your Content as detailed
in Section 7.
- Ownership.
We own the The Roaming
Jew Content, including but not limited to visual interfaces, interactive
features, graphics, design, compilation, computer code, products, software,
aggregate user review ratings, and all other elements and components
of the Site excluding User Content and Third Party Content. As such,
you may not modify, reproduce, distribute, create derivative works or
adaptations of, publicly display or in any way exploit any of the The
Roaming Jew Content in whole or in part except as expressly authorized
by us. Except as expressly and unambiguously provided herein, we do
not grant you any express or implied rights, and all rights in and to
the Site and the The Roaming Jew Content are retained by us.
- Warranties,
Disclaimers, and Limitations of Liability.
- THE SITE AND
ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS.
THE ROAMING JEW MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS
OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND
FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS,
QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE
CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS
AND BUSINESS INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND
SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT
LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE
SITE. THE ROAMING JEW FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY,
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
THAT YOU OBTAIN FROM THE ROAMING JEW OR THE SITE SHALL CREATE ANY WARRANTY,
REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
- THE ROAMING
JEW DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL,
PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF
PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION
OF THE ROAMING JEW OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR
DATA.
- THE ROAMING
JEW FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT
OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE
CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS
OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED
TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.
- THE ROAMING
JEW ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT
OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS,
OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES,
ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH THE ROAMING
JEW RESERVES THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM.
- SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR
EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF
YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY
TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
- THE ROAMING
JEW'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER,
AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES
DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY
OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE
AMOUNT PAID, IF ANY, BY YOU TO THE ROAMING JEW IN CONNECTION WITH THE
SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR
(II) US$100.00.
- Indemnity.
You agree to indemnify
and hold The Roaming Jew, its parents, subsidiaries, affiliates, any
related companies, suppliers, licensors and partners, and the officers,
directors, employees, agents and representatives of each of them harmless,
including costs, liabilities and legal fees, from any claim or demand
made by any third party due to or arising out of (i) your access to
or use of the Site, (ii) your violation of the Terms of Service, or
(iii) the infringement by you, or any third party using your account,
of any intellectual property or other right of any person or entity.
The Roaming Jew reserves the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify
us and you agree to cooperate with our defense of these claims. You
agree not to settle any matter without the prior written consent of
The Roaming Jew. The Roaming Jew will use reasonable efforts to notify
you of any such claim, action or proceeding upon becoming aware of it.
- Third
Parties.
- The Site may
include links to other websites (each, a "Third Party Site").
We do not control or endorse any Third Party Site, and you agree that
we are not responsible for the availability or contents of such Third
Party Sites.
- Some of the
Site's mapping features are powered by Google Inc., the use of which
is also governed by the terms of use located at http://maps.google.com/help/terms_maps.html (or such other URL as may be
updated by Google Inc.). Some of the Site's mapping features are powered
by Microsoft Corporation, the use of which is also governed by the terms
of use located at http://go.microsoft.com/fwlink/?LinkId=21969. Microsoft Corporation's privacy
policy can be found here: http://go.microsoft.com/fwlink/?LinkId21970.
- Miscellaneous.
- If there is
any dispute about or involving the Site or The Roaming Jew, you agree
that any such dispute will be governed by the laws of the State of Arizona
without regard to its conflict of law provisions. You agree to personal
jurisdiction by and venue in the state and federal courts in Maricopa
County, Arizona.
- No agency,
partnership, joint venture, or employment is created as a result of
the Terms of Service, and you do not have any authority of any kind
to bind us in any respect whatsoever.
- We may provide
you with notices, including those regarding changes to the Terms of
Service by email, regular mail or postings on the Site.
- Except as
otherwise stated in Section 19 above, nothing herein is intended, nor
will be deemed, to confer rights or remedies upon any third party.
- The Terms
of Service contain the entire agreement between you and us regarding
the use of the Site, and supersede any prior agreement between you and
us on such subject matter. The parties acknowledge that no reliance
is placed on any representation made but not expressly contained in
these Terms of Service.
- Any failure
on our part to exercise or enforce any right or provision of the Terms
of Service shall not constitute a waiver of such right or provision.
The failure of either party to exercise in any respect any right provided
for herein shall not be deemed a waiver of any further rights hereunder.
- If any provision
of the Terms of Service is found to be unenforceable or invalid, that
provision shall be limited or eliminated to the minimum extent necessary
so that the Terms of Service shall otherwise remain in full force and
effect and enforceable.
- The Terms
of Service are not assignable, transferable or sublicensable by you
except with The Roaming Jew's prior written consent, but may be assigned
or transferred by us without restriction. Any assignment attempted to
be made in violation of the Terms of Service shall be void.
- The section
titles in the Terms of Service are for convenience only and have no
legal or contractual effect.
- Contact
and Violations.
Please contact us
with any questions regarding the Terms of Service. Please report any
violations of the Terms of Service to our legal department through the
contacts page here.
- Marks.
The Roaming Jew and
the The Roaming Jew logo are proprietary service marks of The Roaming
Jew.com, LLC.