Website terms & conditions

STELLAR ELEMENTS, LCC – WEBSITE TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

YOU CAN NOT ACCESS OR OTHERWISE USE THIS WEBSITE IF, AT ANY TIME, YOU DO NOT AGREE TO THESE TERMS.

Formation of agreement

A. Stellar Elements operates this website (the "Website") as a service to its visitors subject to the following terms and conditions of use (the "Terms"), and any guidelines that may be published from time to time by Stellar Elements.

B. By entering or using this or other websites owned, operated or maintained by Stellar Elements or its affiliates, you, the user, agree to comply with and be bound by the Terms.

C. Stellar Elements can modify these Terms at any time, without notice to you. All such changes to these Terms will appear on the Website: http://www.roamdigital.com By entering or using this Website following any modifications to the Terms, you agree to be bound by any such modifications to the Terms.

D. The operations, businesses, and properties described in this publication are owned or operated by Stellar Elements, LCC (“Stellar Elements”) or by various affiliates and subsidiaries of Stellar Elements. The terms "Stellar Elements", "company," "we," "our," and "its" when referring to these entities are used only for convenience and are not intended to be an accurate description of ownership, operation or corporate/legal relationships.

1. Website Services

1.1 The Website is intended to provide information about Stellar Elements and its affiliates to potential customers, business partners, investors, and employees. Such information about Stellar Elements may include, without limitation, a description of its products and services, financial performance, and potential employment opportunities.

2. Intellectual property rights

2.1 As between Stellar Elements and you, Stellar Elements is the sole owner of all content on the Website including, without limitation, all applicable patents, trademarks, copyrights (including, but not limited to, selections, collections, compilations, and arrangements), and any other intellectual property rights.

2.2 Except as otherwise provided in these Terms, you must not download or save a copy of the Website or any portion thereof, for any purpose. Subject to copyright notice and the trademark use/link limitations contained in these Terms, you may, however, print a copy of individual screens appearing as part of the Website solely for your personal, non-commercial, or non-profit educational use or records, provided that any marks, logos, copyright notices, or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of any such screens.

2.3 You must comply with all additional copyright notices or other restrictions contained on the Website. Further any Stellar Elements affiliate, or third party corporate names and logos must not be altered or used without specific, prior written permission.

3. Restrictions on use of material or linking to this site

3.1 The content on this Website is intended for informational purposes only. These web pages or any portions of it cannot be framed, reproduced or redistributed for commercial gain or any other purpose.

3.2 Except as expressly permitted, you must not modify, copy, publish, display, communicate, transmit, adapt, create derivative works from, or in any way exploit the content of the Website. Only if you obtain prior written consent from us – and from all other entities with an interest in the relevant intellectual property – may you publish, copy, display, or commercially exploit any material from the Website.

3.3 If written consent is granted under clause 3.2, you must not change or delete any author attribution, trademark, legend, or copyright notice.

4. Disclaimer of Warranties

4.1 Stellar Elements provides the information on Stellar Elements websites on an "as is" and "as available" basis, without warranty of any kind, either express or implied. Without limitation of the foregoing, Stellar Elements specifically disclaims any and all warranties, including, but not limited to:

(a) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Website; and

(b) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose, or warranties arising from a course of dealing, usage or trade practice.

4.2 This disclaimer of liability applies to any damages or injuries occurring as a result of:

(a) any error, omission, deletion, or defect in the content, or

(b) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of record, unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation, or any other cause of action.

4.3 Stellar Elements does not warrant or guarantee:

(a) that any portion of the Website will be free of infection by viruses, worms, trojan horses, or anything else manifesting contaminating or destructive properties; or

(b) that access to the Website will be uninterrupted or error-free.

5. Limitation of liability

5.1 Under no circumstances, including, but not limited to, negligence, will Stellar Elements be liable to any party for:

(a) any direct, indirect, special, punitive, incidental, exemplary, consequential (including, but not limited to, damages for business interruption, loss of business profits, loss of programs, or loss of information), or any other damages arising in any way out of the availability, use, reliance on, or inability to use the materials in this Website or any other Stellar Elements website, even if Stellar Elements or a Stellar Elements authorized representative has been advised of the possibility of such damages; or

(b) any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the Website.

5.2 Stellar Elements's total liability to you for any claim or action arising from use of the Website will not exceed the amount paid by you, if any, for accessing this site.

5.3 To the extent that any limitation of consequential or incidental damages is prohibited by law, Stellar Elements's liability shall be limited to the fullest extent permitted by law.

6. Third party links

6.1 You may be able to link to third parties' websites ("Linked Sites") from the Stellar Elements Website. Linked Sites are not, however, reviewed, controlled, or examined by Stellar Elements in any way and Stellar Elements is not responsible for the content, availability, advertising, products, or other materials of any such Linked Sites, or any additional links contained therein.

6.2 These links do not imply Stellar Elements's endorsement of or association with the Linked Sites.

6.3 It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, and export laws related to the use of such Linked Sites and any content contained thereon.

6.4 You should be aware that the privacy policies at the Linked Sites will be different from the privacy policy governing the Stellar Elements Website (see below). It is your sole responsibility to read and adhere to the privacy policies of the Linked Sites.

6.5 Stellar Elements shall not be responsible for the use of any information that you submit to the Linked Sites. Further, in no event shall Stellar Elements be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites.

6.6 You should direct any concerns to the administrators or webmasters of these respective Linked Sites. Stellar Elements can, at its sole discretion, add, change, decline, or remove, without notice, any feature or link to any of the Linked Sites from the Stellar Elements Website or introduce different features or links to different users.

7. Submitted Materials

7.1 Unless specifically requested, Stellar Elements does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website, any of its services, by e-mail, or in any other way.

7.2 By submitting or sending information or other material to Stellar Elements you represent and warrant that the information is original to you and that no other party has any rights to the material.

7.3 By submitting or sending information or other material to Stellar Elements you grant Stellar Elements the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, communicate, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide or to incorporate it in other works in any form, media, or technology now known or later developed.

7.4 You also warrant that any "moral rights" in posted materials have been waived to the fullest extent permitted by law, or otherwise Stellar Elements has your consent to deal with the material in any manner which may otherwise be a breach of your moral rights in that material. You agree and acknowledge that by using this Website, any and all communications or information transmitted by you to or through the Website will not be treated as confidential or proprietary.

7.5 You agree to defend, indemnify and hold Stellar Elements and its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable legal fees (on a solicitor/client basis), arising in any way from your use of the Website or the placement or transmission of any message, content, information, software or other materials through the Website by you.

8. Applicable laws/jurisdiction

8.1 By accessing or visiting our websites, you expressly agree that the laws of New Zealand, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Website may be subject to other local, state, national, and international laws.

8.2 You expressly agree that exclusive jurisdiction and venue for any claim, dispute, or cause of action with Stellar Elements, or relating in any way to the Website or your use of the Website, reside in the courts located in Auckland, New Zealand.

8.3 You further agree and expressly consent to the exercise of personal jurisdiction in any New Zealand court in connection with any such dispute and including any claim involving Stellar Elements or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

8.4 You are responsible for compliance with local laws, if and to the extent local laws are applicable.

9. Previous terms and conditions of service

9.1 The terms and conditions of service that previously appeared at the URL of these Terms, and which govern all those cost estimates and statements of work issued by Stellar Elements down to 2nd February 2022 which refer to that document being subject to Stellar Elements’s “General Terms of Trade” (or similar) are now found at https://roamdigital.com/terms-conditions.pdf.