Preamble

Roomeon is the first easy to use 3D Software in the world that is geared towards interior designers, architects, and anybody else who wants to design rooms. Roomeon makes this process incredibly easy: new furniture, flooring, and wall designs can be selected out of a steadily growing catalog of actually existing objects simply by using drag & drop, and then matched with another. With roomeon, anyone can design rooms and atmospheres, find just the right furniture, and get a clear, virtual picture of their own home, or of the newest creations for their customers. Roomeon is THE Software for 3D interior design.

roomeon.com online service policy

  1. Portal access and registration

    The roomeon.com online service ( hereafter: “roomeon portal”) can be accessed by all users free of charge. In order to gain access to the portal and related functions (such as comments, contributions, messages from and for other users, subscriptions for categories or articles, ratings, surveys etc.) through your own user profile, you must first log in. To do this you must register a user name and a password and provide your personal e-mail address, title, first and last name and nationality. The free, one-time registration allows the user to create his/her own roomeon profile (user profile) and use the designated functions under that profile. Each user undertakes to provide accurate information that allows us to contact him/her if necessary.
    Contributions and comments throughout the roomeon portal will only carry the user name of the registered user. It will therefore be clear for other users that posted contributions are the expression of a personal opinion. The identity of the author will not be disclosed, unless he/she adds information regarding his/her identity him/herself in the form of text or a photograph. In order to upload contributions or comments onto the portal, registered users must first log in with their user name and password.
    Registered users must not allow third parties to access their profile and must keep all passwords and access information confidential. If a third party uses a user’s profile to perform an illegal act, the user will have to pay compensation for any damage if he/she made the use of the profile possible through his/her own fault. He/she must also provide roomeon with the information necessary for it to claim compensation from the perpetrator. Input mistakes during registration can be corrected during the input process using the corresponding functions in the user's browser Software. After successful registration it is generally not possible to modify user data.

  2. Users' obligations

    Each user of the roomeon portal is exclusively and solely responsible for any content posted by him/her, for example as a comment and/or contribution. This particularly applies to intentional or unintentional breaches of applicable laws on the local, regional, national or international level. Roomeon reserves the right to block or close user accounts, even without prior notice, if their owners breach the following rules/obligations.

    These include:

    • protection of privacy, protection of intellectual property, press law, patent law, copyright law, trademark protection law and the right to one’s own photograph;
    • applicable provisions of law for fraud prevention;
    • public order rules;
    • prohibition on the distribution of pornographic or pedophilic content;
    • regulations on the protection of minors.

    The following are also prohibited on roomeon:

    • identity fraud (for example posing as another natural or legal person);
    • deliberate distribution of untrue information, even without the deliberate intention of injuring third parties;
    • uploading/posting content (for example contributions, articles and/or comments) to which the user has no legal right;
    • insulting, harassing or personally attacking other users of the roomeon portal in any way or using hateful, abusive or vulgar language or equivalent symbols;
    • defamatory contributions of any kind;
    • improperly using the possible exchange of electronic messages for the purpose of sending unsolicited messages or information to third parties for advertising purposes (spamming) or uploading individual comments and/or contributions to roomeon multiple times;
    • using the service to initiate or carry out commercial transactions;
    • uploading/posting content, comments or contributions which are confidential;
    • uploading/posting content, comments or contributions which contain malicious code (e.g. viruses, Trojan horses, cross-site scripts etc.);
    • attempting, either oneself or through unauthorized third parties, to retrieve information or data without authorization or to interfere in programs or Internet services operated by roomeon or cause them to be interfered with or breaking into roomeon’s data networks without authorization (“hacking”);
    • advertising for or information on illegal or violent activities or activities which incite violence;
    • offering goods or services which are illegal or to which the registered user does not hold all the necessary rights permitting it to offer and sell them;
    • any conduct which could damage roomeon’s image and/or reputation.

    Each roomeon user undertakes:

    • to immediately inform roomeon of any impermissible content of any kind that he/she is aware of;
    • not to include any URIs (hyperlinks, e-mail links, etc.) in his/her content (e.g. contributions, articles and/or comments) which refer to websites which violate roomeon’s terms of use;
    • not to duplicate or distribute, in any way and on any medium, content posted on the roomeon portal (e.g. contributions, articles and/or comments) without the prior consent of roomeon and/or the author who uploaded the contribution or content in question;
    • to check data and information for viruses before sending them and to use state of the art anti-virus programs;
    • to respond to any request for information made by roomeon as soon as possible in the event of dispute;
    • to indemnify roomeon with respect to any third-party claims which concern a violation of one of the above rules or other unlawful use of the service by him/her or occurring with his/her approval or which, in particular, stem from disputes under data protection law or copyright law or other legal disputes related to the use of the service. If the user realizes or can be expected to realize that there is a threat of such a violation, he/she is subject to an obligation to immediately notify roomeon to that effect.

  3. Moderation of contributions

    The content posted on the roomeon portal will be reviewed by roomeon moderators to ensure it complies with its terms of use. Roomeon reserves the right to edit, relocate or erase content (e.g. contributions and/or comments) at any time and without prior notification if they violate the terms of use. We do not invite discussion regarding deletions on the roomeon platform.

  4. Referencing of contributions

    All contributions posted on the roomeon portal can be referenced by search engines and therefore read by third parties (including unregistered users).

  5. Copyrights

    V.1 | All users of the roomeon portal are obliged to respect the copyrights of other users. Contributions posted on the roomeon portal cannot be reproduced or distributed on other websites or any other media without the prior consent of roomeon and/or the respective editor from which the relevant contribution originates.

    V.2 | By posting content (e.g. contributions, articles and/or comments) on the roomeon portal and/or uploading accompanying video, audio and/or images files, users are giving permission to roomeon to disseminate that content on its platform.

  6. Liability and guarantee of rights

    VI.1 | The user guarantees to roomeon that he/she holds the rights necessary to post and/or make available the content uploaded by him/her onto the roomeon portal (e.g. contributions, articles, comments and/or multimedia content such as videos, images or graphics) in the spirit of the German Copyright Act.

    VI.2 | The user explicitly acknowledges and accepts that he/she is responsible him/herself for all contributions, articles, comments, URIs and/or files which he/she uploads onto the roomeon portal and indemnifies roomeon with respect to any third-party claims of any kind.

    VI.3 | It is explicitly agreed that roomeon can on no account be held liable for damage which is incurred by users and/or third parties due to:

    • the roomeon portal being unavailable or its operation being disrupted, irrespective of the cause.

    Roomeon will not be liable for the following, unless it is culpable:

    • loss of data of any kind and to any extent;
    • the effects of malicious code (e.g. viruses, Trojan horses, cross-site scripts, etc.);
    • events of force majeure.

    VI.4 | Each user is responsible for the validity of the URIs included by him/her in contributions and of the content presented on the linked websites, which must comply with the above terms of use.

    VI.5 | Roomeon refuses any liability for claims relating to the deletion or amendment of content posted on the portal (e.g. contributions, articles and/or comments) or of any related URIs or file attachments.

  7. Reservation of the right to make changes

    Roomeon reserves the right to change or suspend access to the portal and the related services, categories, offers, goods and products at any time, in part or in whole, with or without prior notice and for a short or longer period of time or permanently. The users declare that they understand that roomeon accepts no liability, towards either them or third parties, for changes to or termination or interruption of the provision of the portal and the related services, categories, offers, goods and products.

  8. Applicable law - place of jurisdiction - closing provisions

    The laws of the Federal Republic of Germany apply exclusively. If the user is a trader, a legal person under public law or a public special fund, the place of jurisdiction is Potsdam.

    The contract language is German. Roomeon is not subject to any voluntary codes of conduct.

    The contract text will be stored in Roomeon's system but is not accessible to the user.

  9. Obligation to minimize damage

    The operator of this portal attaches great importance to avoiding violations of third-party rights. If you think that your rights have been violated or otherwise infringed by this website, please contact us directly at . We will look into the matter as soon as possible and take the necessary measures.

  10. Site notice/trademark protection

    Roomeon is a project of roomeon GmbH. Roomeon and the relevant logo are registered trademarks of roomeon GmbH in Germany and other countries (Trademark No. 008887861). Any use without prior consent will be prosecuted under civil law at the very least.

    Operator of the website/information under the German Telemedia Act/Regulation on Service Provider Information Obligations (DL-InfoV):
    roomeon GmbH
    Managing Directors: Sebastian Heinzel, Simon Schaefer
    Registered office: Karl-Liebknecht-Straße 7, 14482 Potsdam
    Registered at the Potsdam District Court: HRB 22003 P
    VAT No. DE 252687756

  11. Supplemental Terms of Use for users of the Software "roomeon Professional"

    The following Supplemental Terms of Use (nos. 11-17) apply only to users of the version obtained by payment, "roomeon Professional." The General Terms of Use above (nos. 1-10) apply also to this version, except as otherwise specified in the following. The supplemental terms of use are controlling in areas where they apply. "roomeon Professional" is available for use only by commercial users, freelancers, and public sector buyers. Consumers are excluded from use.

  12. Validity of the contract through paid use

    The user's registration for the service offered by roomeon acts as an offer to conclude a contract. After that, the provider will accept or reject the user's offer. Acceptance can also be implied by the activation of the account.

  13. Obligations of the user

    If there are faults in the system during use, the user will immediately notify roomeon of such faults.
    The user has an obligation to be careful with access data, to prevent misuse by third parties, and to immediately notify roomeon if a third party fraudulently obtains unauthorized access to the access data of the user.
    The user has an obligation to always keep his or her personal data current and upon changes to immediately update such data.
    The user is not permitted to grant access to third parties using his or her access data.
    The user will take measures to regularly safeguard data transmitted to roomeon, appropriately protect the value of the data, and create his or her own backup copies of the data in order to ensure reconstruction of such data in the event of its loss. As a rule, a daily backup is required for operational data whenever these data are changed. In addition, before sending data and information, the user will check such data and information for viruses and other damaging Software and employ state-of-the-art virus protection programs.

  14. Compensation; payment methods

    XIV 1. | Your credit card is charged immediately after the completion of the purchasing process. The current version of roomeon's price list (en.roomeon.com/prices) always applies. In case of nonpayment by the user, roomeon has the right to completely or partially discontinue its services. In case of the failure of a debit or credit card payment, roomeon has the right to charge the user an amount currently set at € 35.00 (excl. VAT) for costs incurred due to the returned note. The user has the right to prove that damages are lower and roomeon has the right to prove that they are higher. Invoices to the user will only be created at the express wish of the user and for a fee.

    XIV 2. | The refund of the monthly fee for non-use from roomeon Professional is not possible.

  15. Guarantee and liability

    Roomeon is liable for possible damages from itself or its agents - irrespective of legal grounds, excluding unauthorized acts - only if roomeon or its agents culpably violate a material contractual obligation in a way that endangers the purpose of the contract, or if the damage is due to intentional or grossly negligent acts of roomeon or its agents. Material contractual obligations are those obligations which must be fulfilled to properly carry out the contract and upon the compliance with which the user routinely relies.
    Times of planned unavailability fall outside the main obligations of roomeon. This is due to the necessity of carrying out measures necessary for network security or maintenance of network integrity. Roomeon can appropriately limit access to its services in these cases depending on what is required.
    Roomeon has no responsibility for service interruptions caused by force majeure, faults of third parties, strikes, intervention by authorities, intervention by courts, or technical or other kinds of problems that are outside of roomeon's control.
    Roomeon offers no long-term archiving of data and therefore cannot guarantee compliance with any retention periods.

  16. Duration, termination

    The contract will be concluded for an indefinite amount of time and can be canceled by either party through written notice or using the system at least 30 days before the end of a given billing period. The billing period is determined from the applicable service specification or the price list.
    The right of both parties to extraordinary cancellation for good cause remains unaffected.
    Significant violations of no. 2 of these terms and conditions provide roomeon with grounds for cancellation without notice.

  17. Contracted Data Processing

    Both parties will observe applicable data protection regulations, particularly those in effect in Germany, and require their employees related to the contract to obey data confidentiality rules in accordance with § 5 BDSG, to the extent that these employees are not already required to obey such rules.
    The user is obligated to obtain the required consent of those affected whenever it acquires, processes, or uses personal data within the scope of its usage of roomeon's services and no legal circumstances exist permitting such handling of data. By acquiring, processing, or using personal data through means furnished by the provider, the user warrants his or her compliance with applicable law, particularly in regard to data protection, and releases roomeon from any claims by third parties in the event of a violation. This applies also if the user sends the data to a third party or makes it available using means furnished by roomeon.
    To the extent that data to be processed is personal data, there is Contracted Data Processing (§ 11 BDSG), and roomeon will obey the instructions of the user (for example, carrying out commands to delete or block). The instructions must be given timely and in writing. Roomeon can assign subcontracts but must impose obligations corresponding to the section named above (Contracted Data Processing) on the subcontractor.
    To the extent that the user empowers third parties in accordance with this contract to access information that has been left by users on roomeon's systems, data protection responsibilities in connection with this occurrence apply to the user and the third party so empowered.
    Roomeon takes technical and organizational security measures in accordance with the annex to § 9 BDSG.
    If the danger of misuse or unauthorized use of access data occurs, for example through organizational or employee changes, the user will immediately take care to ensure that the access data are changed by roomeon.
    The user generally does not have the right to demand access to the premises containing the Software application, the server, the operating Software, and other system components of roomeon's data center. This does not affect access rights of persons retained by the user for data protection purposes after written notice of inspection (§ 11 Abs. 2 BDSG) of compliance with the requirements of the annex to §9 BDSG and other dealings with personal data by roomeon in conformance with law and contract.

Potsdam, 22th of January 2012