Terms of Use

RESTRICTIONS ON WEBSITE USE. This website ("Site") is owned and operated by ROM Publishing, LLC ("ROM," "us," or "we"), P.O. Box 2047, Houston, Texas 77252. We can be reached by e-mail at ROMdigitalinkpress@gmail.com. By accessing or using this Site, you agree to be bound by and comply with this Terms of Use Agreement (which includes our Privacy Policy). If you do not agree with this Terms of Use Agreement, please do not use this Site. ROM reserves the right, at its own discretion, to update and modify this Terms of Use Agreement at any time and by using this Site you agree to be bound by and comply with these modifications.

 

USE OF MATERIALS. Unless otherwise indicated (see User Content subheading below), all content appearing on this Site is the property of ROM and is protected, without limitation, by US and foreign copyright and trademark laws. The information and materials, including text, images, audio, video, computer code and software, appearing on this Site are presented for your non-commercial, personal use only. Copying these materials for anything other than your personal use is a violation of copyright and trademark laws. You may not reproduce, duplicate, distribute or modify in any way any materials available on this Site without written permission from ROM. ROM Digital Ink Press is a trademark, and misuse of the name or of any of the information appearing on this Site may violate copyright and trademark law. If you access this material outside the US you are responsible for compliance with local laws. In addition, ROM’s graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of ROM in the U.S. and/or other countries. ROM’s trademarks and trade dress may not be used in connection with any product or service that is not ROM’s, in any manner that is likely to cause confusion among customers and/or Users of this site, or in any manner that disparages or discredits ROM. All other trademarks not owned by ROM that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ROM.

 

LIMITATION OF LIABILITY. ROM WILL NOT BE HELD LIABLE, UNDER ANY CIRCUMSTANCE, FOR YOUR USE OF THIS SITE AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE INFORMATION AND MATERIALS APPEARING ON THIS SITE, WHICH IS PROVIDED "AS IS." ROM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ROM DOES NOT MAKE ANY REPRESENTATIONS THAT THIS SITE OR ITS CONTENTS WILL BE VIRUS- OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ROM BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR FOR ANY MATERIALS CONTAINED HEREIN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

USER CONDUCT. ROM is not responsible for material submitted or posted to any of its Sites, including materials posted on any bulletin boards, forums, blogs or other public areas ("Public Areas") by persons not employed by ROM. You acknowledge that ROM may or may not pre-screen these materials, and ROM or its designees have the right, in their sole discretion, to pre-screen, refuse, or remove any content that violates these Terms of Use or is otherwise objectionable. ROM reserves the right to use and disclose information as provided in our Privacy Policy. You shall not upload, transmit, distribute or otherwise publish through this Site any content that: a) libels, defames, is obscene or pornographic, b) infringes any intellectual property right or any other rights of any entity or person, including but not limited to violating anyone's copyrights or trademarks; c) violates any law; d) advertises or otherwise solicits funds or is a solicitation for goods or services; e) contains a virus or other harmful component; or f) impersonates another person. This Site is for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by ROM.

 

LICENSE FOR SUBMITTED CONTENT; USER CONTENT. This Site may now or in the future permit the submission of content at the direction of users of the Site ("User Content") and the hosting, sharing, and/or publishing of User Content. You understand that whether or not such User Content is published, we and our service providers do not guarantee any confidentiality with respect to any submissions. You shall be solely responsible for User Content you submit and the consequences of our or our service providers' hosting or publishing User Content. In connection with any User Content you submit, you affirm, represent, and warrant that: (i) you own the necessary licenses, rights, consents and permissions to use and authorize both us and our service providers to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of User Content in the manner contemplated by the Site and these Terms of Use; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Use, and (iii) any User Content you submit does not infringe or violate the rights of any third-party. By submitting User Content to us, you hereby grant both us and our service providers a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Site and our (and our successors') business including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform User Content as permitted through the functionality of the Site and under these Terms of Use. We, or our service providers may maintain copies of any User Content.INDEMNITY. You agree to defend, indemnify, and hold ROM and its affiliates and the agents of any of them harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these Terms of Use by you or arising out of your use of this Site, including but not limited to User Content you submit on this Site. Technology, hosting and other services for aspects of this Site are provided by ROM's service providers. By participating in this Site you also agree to defend, indemnify, and hold ROM’s service providers harmless on all matters related to your participation with this Site and interaction with others using it. ROM’s service providers are third party beneficiaries to your agreement with this Site pursuant to the ROM Privacy Policy and Terms of Use Agreements.

 

LINKS TO THIRD PARTY WEBSITES. This Site may contain links to websites that are run and maintained by third parties. ROM is not responsible, nor shall it be held liable for, the content, services or products provided on these websites, nor for the practices of any third party. These Terms of Use apply solely to this Site and you should always review the terms and conditions of any other website that you access through a link from this or any other ROM website.

 

LICENSE AND SITE ACCESS. ROM grants you a limited license to access and make personal use of this Site BUT not to download (other than page caching), nor modify it, or any portion of it, except with express written consent of ROM. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ROM. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ROM without express written consent. You may not use any meta tags or any other "hidden text" utilizing ROM's name or trademarks without the express written consent of ROM. Any unauthorized use terminates the permission or license granted by ROM. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ROM so long as the link does not portray ROM, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ROM logo or other proprietary graphic or trademark as part of the link without express written permission.

 

PRODUCT DESCRIPTIONS. ROM attempts to be as accurate as possible. However, ROM does not warrant that product descriptions or other content of this Site is 100% accurate, complete, reliable, current, or error-free. PRICING. Except where noted otherwise, the List Price displayed for products on our Site represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. This policy applies only to products sold by ROM through this Site.

 

YOUR ACCOUNT. If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. ROM does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 16, you may use ROM only with involvement and knowledge of a parent or guardian. ROM reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT. Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, libelous, defamatory, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable (in ROM’s sole discretion) and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any other form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. ROM reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

 

GOVERNING LAWS. This Site is operated in the United States. Except as otherwise provided on the Site, all users must be residents of the United States in order to participate in activities that require the collection of personal information or to post unsolicited information to the Site. This Site is governed by and operated in accordance with the laws of the United States and/or the State of Texas as applicable, without giving effect to their principles of conflicts of law. By using this Site and/or providing us with your personal information, you waive any claims that may arise under the laws of other countries or territories located outside of the United States or states other than Texas, and you agree to submit to the exclusive jurisdiction of the courts of the State of Texas and the federal courts of the Southern District, located in Houston, Texas.

 

COPYRIGHT INFRINGEMENT. ROM prohibits the posting of any information or materials that violates or infringes the copyrights of any person or entity. If you believe that your work has been copied and made available on this Site in a manner that would constitute copyright infringement, please provide the following information in writing to our designated DMCA Copyright Agent:1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;2. A description of the copyrighted work or other intellectual property that you claim has been infringed;3. A description of where the material that you claim is infringing is located on the Site;4. Your address, telephone number, and email address;5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and6. A sworn affidavit statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. ROM's Copyright designated DMCA Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

 

Via mail:

 

Copyright Agent

Attn: Legal/DMCA Complaints,

ROM Publishing, LLC,

P.O. Box 2047,

Houston, Texas 77252

 

Via Email:

ROMdigital@ROMPublishing.com

 

Upon receipt of proper notification, ROM will remove any posted submission found to be infringing the rights of any person or entity in conformance with 17 U.S.C. §512(c)(3). United States law provides strict penalties for submitting false claims of infringement.

 

SEVERABILITY. If any provision of this Terms of Use Agreement is adjudged unlawful or void or unenforceable in whole or in part, the remaining provisions shall continue in full force and effect.

 

REPEAT INFRINGEMENT- REMEDY OF TERMINATION. In addition to any other remedies provided to ROM under this Terms of Use Agreement, ROM or our service providers may terminate your access to the Site if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the Site more than twice. If you believe that a user of this Site has committed copyright or trademark or other infringement, please contact ROM's DMCA Copyright Agent as described above and provide relevant documentation.

 

 

LAST UPDATED: March 11, 2014