The "ROADIFY Service" shall mean www.roadify.com, www.parkingaroundme.com, www.streetcarma.com, (together with its Content, the "Site"), the software provided for use or downloaded through the Site and any related servers. SAFETY WARNING AT ROADIFY, SAFETY COMES FIRST. PLEASE USE THE ROADIFY SERVICE IN ACCORDANCE WITH ALL LAWS AND REGULATIONS, AND ONLY TO THE EXTENT THAT IT DOES NOT DISTRACT YOU FROM DRIVING. FOCUS ALL YOUR ATTENTION ON THE ROAD AND YOUR DRIVING. By using the ROADIFY Service, You signify Your assent to:
You affirm that You are ove 16 years old or more, as the ROADIFY Service is not intended for children under 16. If it comes to our attention that a registered user is under 16 years of age, ROADIFY will cancel that user's account.
ROADIFY Inc. (including its affiliates and subsidiaries, "ROADIFY" or "We") hereby grants You permission to use the ROADIFY Service for non-commercial purposes, subject to these Terms. Notwithstanding the above, In order to access the ROADIFY Service (and for some parts of the Site), You will have to create an account. You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify ROADIFY immediately of any breach of security or unauthorized use of Your account. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the ROADIFY Service in a manner that sends more request messages to the ROADIFY servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser. You agree not to collect or harvest any personally identifiable information from the ROADIFY Service, nor to use the ROADIFY Service for any commercial purposes. You may not use the ROADIFY Service in a manner which gives you or any other person access to mass downloads or bulk feeds of information on the ROADIFY Service. You may not send spam, transmit any Content which contains software viruses or other harmful computer code, or disrupt servers or networks connected to the ROADIFY Service. ROADIFY has the right to terminate Your access to the ROADIFY Service, in its sole discretion.
We encourage you to create valuable and innovative products using our platform, subject to the following guidelines:
The ROADIFY Service permits You and other users to submit Content to the Site or the ROADIFY Service ("User Submissions"). You are solely responsible for Your User Submissions and the consequences of posting them. You represent and warrant that You own or have the necessary rights to use, and authorize ROADIFY to use, all intellectual property rights in and to any User Submissions. You retain all of Your ownership rights in Your User Submissions. However, by submitting the User Submissions to ROADIFY, You hereby grant ROADIFY and the users of the ROADIFY Service a worldwide, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, copy, distribute, prepare derivative works of display, and perform the User Submissions; other Users may only use Your User Submission for non-commercial purposes, unless otherwise permitted by ROADIFY. You agree that You will not submit a User Submission that:
You hereby waive any claims You may have against ROADIFY with respect to User Submissions, including ROADIFY's removal of any User Submission it deems inappropriate, and You agree to indemnify ROADIFY, and its officers, directors and agents, for any damage resulting from Your User Submission (including attorneys fees and costs to defend any claims in connection therewith).
We reserve the right to access and disclose any User Submissions or any other information as we reasonably believe is necessary or helpful to (a) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (b) enforce these Terms, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of ROADIFY, its users or the public.
THE ROADIFY SERVICE (INCLUDING THE CONTENT AND ANY OTHER SERVICES PROVIDED THEREBY) IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. THE CONTENT MAY NOT BE CURRENT, ACCURATE OR COMPLETE. ROADIFY DOES NOT GUARANTEE THAT THE ROADIFY SERVICE WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUSES, OR THAT IT WILL ALWAYS BE AVAILABLE. YOU SPECIFICALLY ACKNOWLEDGE THAT ROADIFY IS NOT LIABLE FOR USER SUBMISSIONS. UNDER NO CIRCUMSTANCES SHALL ROADIFY, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS OR AGENTS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE ROADIFY SERVICE, INCLUDING WITHOUT LIMITATION, RESULTING FROM TRAFFIC ACCIDENTS, TRAFFIC FINES OR PENALTIES, OR OPERATION OF THE ROADIFY SERVICE WHILE DRIVING, EVEN IF ROADIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THIS SECTION, YOU AGREE THAT ROADIFY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES SHALL NOT IN ANY CIRCUMSTANCES EXCEED AN AGGREGATE OF THE AMOUNT PAID BY YOU TO ROADIFY, IF ANY, IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, FOR ACCESSING AND USING THE ROADIFY SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATING OR EXCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.