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Terms of use

TERMS OF SERVICE

Last revised May 7, 2013

PLEASE READ THESE TERMS OF USE AND CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

Welcome to RoomZoom.com (the “Site”), a website owned an operated by RoomZoom, LLC, a Delaware limited liability company (“RoomZoom”, “we”, “us”, or “our”). Through the Site and our application for mobile devices (the “Application”), RoomZoom provides an online platform that connects users who have a residence and/or rooms available to rent with users seeking to rent such available residence and/or rooms (collectively, the “Service”). These Terms of Service (the “Terms”) set forth the legally binding terms and conditions applicable to all visitors of the Site, users of the Application and to all users, registered or otherwise, of the Service (collectively, “visitors”, “users”, or “you”).

Acceptance of Terms:

By registering and/or using the Service in any manner, including but not limited to visiting or browsing the Site, you agree to comply with and be legally bound by all of the Terms. The Terms incorporate our Privacy Policy by reference, which contains information and notices concerning RoomZoom’s collection and use of your personal and non-personal information and data. Please carefully read these Terms, and our Privacy Policy, before using the Service. Your use of the Service constitutes your agreement to the Terms, and if you do not agree with any or all of the provisions set forth in these Terms, you are not authorized to obtain information from or otherwise use the Site or Application. Failure to use the Service in accordance with these Terms may subject you to civil and criminal penalties. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

We may amend, update or change these Terms from time to time. If we make changes to the Terms, we will post the revised Terms here. If we make material changes to the Terms, we will notify you by an email sent to the address specified in your RoomZoom Account (defined below) and/or by means of a notice on the Site and Application once the change has become effective. You are encouraged to review the Terms from time to time in the event changes have been made. Your continued use of the Service indicates your assent to the Terms as posted and you agree that we may change it at any time, effective immediately.

The Site, Application, and Services is an online platform through which Members (defined below) may create Listings (defined below) for residences and/or residences with rooms available to rent (collectively, “Residences”) and Members may learn about residences or rooms for rent. You understand and agree that RoomZoom is not a party to any agreements entered into between users of the Service, nor is RoomZoom a real estate broker, agent or insurer. RoomZoom has no control over the conduct of users of the Site, Application, and Services or any Residences, and disclaims all liability in this regard.

Key Terms:

Collective Content” means Member Content and RoomZoom Content.

Content” means text, graphics, images, music, software (excluding the Application), audio, video, information, or other materials.

Member” means a user who completes the RoomZoom Account (defined below) registration process.

Member Content” means any and all Content that a Member posts, uploads, publishes, submits, transmits, or otherwise makes available to the Site, Application or Service.

RoomZoom Content” means all Content that RoomZoom makes available through the Site, Application, or Service, including any Content licensed from third parties, but excluding Member Content.

RoomZoom Accounts:

In order to access certain features of the Site and Application, including but not limited to posting Listings, viewing Listings, and messaging Members, you must register to create an account (“RoomZoom Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.

You can also register to join the Service via an online account you may have with a third party service provider (a “Third Party Account”). For example, you may register to join the Site or Application, and interact with the Service, through a Third Party Account with a Social Networking Service (“SNS”). As part of the functionality of the Service, you may link your RoomZoom Account with Third Party Accounts by either: (i) providing your Third Party Account login information to RoomZoom through the Site or Application; or (ii) allowing RoomZoom to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to RoomZoom and/or grant RoomZoom access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating RoomZoom to pay any fees or making RoomZoom subject to any usage limitations imposed by such third party service providers. By granting RoomZoom access to any Third Party Accounts, you understand that RoomZoom will access, make available and store (if applicable) any information that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on the Site and Application, and through the Service, via your RoomZoom Account and RoomZoom Account profile page (“RoomZoom Profile Page”). Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your RoomZoom Account on the Site and Application. Please note that if a Third Party Account or associated service becomes unavailable or RoomZoom’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on the Site and Application and through the Service. You have the ability to disable the connection between your RoomZoom Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. RoomZoom makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and RoomZoom is not responsible for any SNS Content.

When you create a RoomZoom Account, we will set up a RoomZoom Profile Page for you, based upon the personal information you provide to us or that we obtain via an SNS as described above. Only other RoomZoom Members can view your RoomZoom Profile Page. When you register for a RoomZoom Account, you represent, warrant and covenant that: (a) all required registration information that you submit is accurate, truthful, and complete; (b) you will maintain the accuracy of such information; (c) your use of the Service does not violate any applicable laws. You may not have more than one (1) active RoomZoom Account. RoomZoom reserves the right to suspend or terminate your RoomZoom Account and your access to the Site, Application and Services if you create more than one (1) RoomZoom Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your RoomZoom Account, whether or not you have authorized such activities or actions. You will immediately notify RoomZoom of any unauthorized use of your RoomZoom Account.

RoomZoom Account Termination and Removal of Content:

We reserve the right to monitor and review your RoomZoom Account and activity for compliance with these Terms. We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Service, (b) remove any Member Content, and (c) suspend, terminate, deactivate, cancel, or refuse registration or access to your RoomZoom Account or any RoomZoom Account at any time. You may deactivate your RoomZoom Account at any time by sending an email to terms@RoomZoom.io. Please note that if your RoomZoom Account is deactivated, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Service, including, but not limited to, any reviews or Feedback (defined below).

Term and Termination:

These Terms commence on the date these Terms are accepted through the Site and/or Application and the Service and will remain in full force and effect while you use the Site, Application or Service, unless earlier terminated in accordance with these Terms. Notwithstanding the forgoing, if you used the Service prior to the date you accepted these Terms, you hereby acknowledge and agree that these Terms commence on the date you first use the Service (whichever is earlier and which may be prior to the Terms version date) and will remain in full force and effect while you use the Service, unless earlier in accordance with these Terms.

Notices:

You hereby consent to the use of electronic means to deliver any notices or other communications permitted or required by these Terms. In addition, you hereby consent to the use of electronic records to store information and data related to these Terms and your use of the Site, Application and Service. Any notices or other communications permitted or required hereunder, including those regarding updates, amendments or modifications to these Terms, will be in writing and given by RoomZoom via email to the address in your RoomZoom Account or posted to the Site or Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

As part of providing you the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service and your RoomZoom Account, which you may not be able to opt-out of receiving.

Listings:

Only Members can list residences for rent and/or residences with rooms for rent (collectively, “Residences”) A Member who posts (a “Listing Member”) an available Residence to the Service (the “Listing”) will be asked a variety of questions about the potential Listing, including, but not limited to, the location, capacity, size, features, availability of the potential Listing and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Service, all potential Listings must have valid physical addresses. Listings will be made publicly available via the Site, Application and Service, but only other Members will be able to access Listings and view the information contained therein. You understand and agree that once a Member requests a booking of your Listing, the price for such booking may not be altered.

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of a Listing you post (i) will not breach any agreements you have entered into with any third parties, including but not limited to any currently enforceable leases or other agreements representing a leasehold interest in a Residence, and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. Please note that RoomZoom assumes no responsibility for a Member’s compliance with any applicable laws, rules and regulations. RoomZoom reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that RoomZoom, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Service.

You understand and agree that RoomZoom does not act as an insurer or as a contracting agent for you as a Member. If a Member requests a booking of your Listing and stays at your Listing, any agreement you enter into with such Member is between you and the Member, and RoomZoom is not a party thereto. When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Listing, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Listing. Any Member wishing to book Listings with such requirements must meet these requirements.

If you are a Listing Member, RoomZoom makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Listing. You acknowledge and agree that, as a Listing Member, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at a Residence at your request or invitation, excluding the Member (and the individuals the Member invites to the Residence, if applicable.)

RoomZoom recommends that Listing Members obtain appropriate insurance for their Listings. Please review any insurance policy that you may have for your Listing carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Members (and the individuals the Members invites to the Residence, if applicable) while at your Residence.

Matched Members and Messaging via RoomZoom Accounts:

As part of the Service, and based on various criteria of information provided to RoomZoom by Members, Listing Members will be “matched” with other Members who are in search of a Residence (collectively, “Matched Members”). These Matched Members may communicate with each other through use of the "messages" feature on the Site and Application. Members can also remove other Members from their Matched Members connections at any time by using the “Remove Match” feature in your RoomZoom account. Where RoomZoom Members have selected the option of adding one or more email addresses to an online form, the message they create in the corresponding template will be sent from RoomZoom to those email addresses on their behalf. These email addresses will be used only for the purpose of sending the email communication to the addressee.

If you choose to use our referral service to ask a friend for a recommendation, we will ask you for your friend’s email address. We will automatically send your friend a one-time email inviting him or her to visit the Site and/or Application. RoomZoom stores this information for the sole purpose of sending this one-time email. Your friend may contact us to request that we remove this information from our database.

No Endorsement:

RoomZoom does not endorse any Members or any Listings. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Service. RoomZoom is not be responsible for any damage or harm resulting from your interactions with other Members.

By using the Site, Application or Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from RoomZoom with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members of the Service regarding any bookings or Listings made by you.

Member Conduct:

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Service and Content. In connection with your use of our Site, Application and Service, you may not and you agree that you will not:

RoomZoom will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. RoomZoom may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that RoomZoom has no obligation to monitor your access to or use of the Site, Application, Service or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. RoomZoom reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that RoomZoom, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Service.

Ownership and Proprietary Rights Notices:

The Site, Application, Service, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Service and Collective Content, including all associated intellectual property rights, are the exclusive property of RoomZoom and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.

All trademarks, service marks, logos, trade names and any other proprietary designations of RoomZoom used herein are trademarks or registered trademarks of RoomZoom. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

RoomZoom Content and Member Content License:

Subject to your compliance with the terms and conditions of these Terms, RoomZoom grants you a limited, non-exclusive, non-transferable license, to (i) access and view any RoomZoom Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Service, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by RoomZoom or its licensors, except for the licenses and rights expressly granted in these Terms.

Software in the Site and Service:

In some instances, when the Service requires or includes downloadable software, this software may update automatically on your computer or mobile device once a new version or feature is available.

RoomZoom grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that RoomZoom gives you as part of the Service. The sole purpose of this license is to enable you to use the Service as we have provided it to you and in the manner permitted by these Terms and all applicable laws. You may not copy, modify, distribute, sell, or lease any part of our Service or accompanying software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Member Content:

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Service, you hereby grant to RoomZoom a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, Application and Service. RoomZoom does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Service or you have all rights, licenses, consents and releases that are necessary to grant to RoomZoom the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or RoomZoom’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Service will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Intellectual Property Infringement Notification Process:

We respect the intellectual property (IP) rights of others, and we expect users of our Service to do the same. We will respond to notices of alleged IP infringement that comply with applicable law. For example, we respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

If you believe that your Content has been copied in a way that constitutes copyright, trademark, and/or patent infringement, please provide us with the following information: (i) a physical or electronic signature of the IP owner or a person authorized to act on their behalf; (ii) identification of the protected work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (such as the username); (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the IP’s owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the IP owner.

We reserve the right to remove Member Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, we will also terminate a Member’s RoomZoom Account. Our designated agent for notices of alleged IP infringement appearing on the Site or Application is:


RoomZoom, LLC
c/o RK ADLER LLP
81 North 7th St. Brooklyn,
NY 11211
Email: terms@roomzoom.io

Feedback:

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Service (“Feedback”). You may submit Feedback by emailing us at terms@RoomZoom.io. You acknowledge and agree that all Feedback will be the sole and exclusive property of RoomZoom and you hereby irrevocably assign to RoomZoom and agree to irrevocably assign to RoomZoom all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At RoomZoom’s request and expense, you will execute documents and take such further acts as RoomZoom may reasonably request to assist RoomZoom to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Links:

The Site, Application and Service may contain links to third-party websites or resources. You acknowledge and agree that RoomZoom is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by RoomZoom of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Some portions of the Service may implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use, located at, http://www.google.com/intl/en_us/help/terms_maps.html.

Disclaimers:

IF YOU CHOOSE TO USE THE SITE, APPLICATION, AND/OR SERVICE, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT ROOMZOOM DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, LISTING MEMBER, MEMBERS LOOKING FOR RESIDENCES, AND MATCHED MEMBERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, AND COLLECTIVE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ROOMZOOM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ROOMZOOM MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY RESIDENCES, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ROOMZOOM MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, RESIDENCES, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ROOMZOOM OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY MATHCED MEMBERS. YOU UNDERSTAND THAT ROOMZOOM DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY RESIDENCES. ROOMZOOM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY, OR THE RESULT OF MEMBER INTERACTDION VIA, ROOMZOOM. ROOMZOOM EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OF A RESIDENCE OR OTHER THIRD PARTY.

Other than to the extent required by law, RoomZoom has no special relationship with or fiduciary duty to you. You expressly understand and agree that your use of the Service is at your sole risk and acknowledge that RoomZoom has no control over, and no duty to take any action regarding: which users gain access to the Site, Application, and Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

Limitation of Liability:

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY RESIDENCE VIA THE SITE, APPLICATION AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF ROOMZOOM WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER ROOMZOOM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, OR SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY RESIDENCE VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ROOMZOOM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL ROOMZOOM’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY RESIDENCE VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE AND IN CONNECTION WITH ANY RESIDENCE OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID, IF ANY, OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A MEMBER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ROOMZOOM AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification:

You agree to release, defend, indemnify, and hold RoomZoom and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Service, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Residence, (iii) creation of a Listing or (iv) the use, condition or rental of an Residence by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Residence.

RoomZoom reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify RoomZoom, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of RoomZoom. RoomZoom will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Export Control and Restricted Countries:

You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Site, Application and Service, you represent and warrant that (i) neither you nor your listed Residence is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site, Application and Service for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. RoomZoom does not permit Listings associated with certain countries due to U.S. embargo restrictions.

Accessing and Downloading the Application from iTunes:

The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):

You acknowledge and agree that (i) these Terms are concluded between you and RoomZoom only, and not Apple, and (ii) RoomZoom, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between RoomZoom and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of RoomZoom.

You and RoomZoom acknowledge that, as between RoomZoom and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

You and RoomZoom acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between RoomZoom and Apple, RoomZoom, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and RoomZoom acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.

Without limiting any other terms of these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

Reporting Misconduct:

If you stay with or reside with a Member who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to RoomZoom by contacting us with your police station and report number at terms@RoomZoom.io; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Integration and Severability:

These Terms apply to all current features and to new features that are added to the existing Service. These Terms and the Privacy Policy are the entire agreement between you and RoomZoom with respect to the Service and use of the Site, Application, and Collective Content, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and RoomZoom (including, but not limited to, any prior versions of the Terms).

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of RoomZoom to enforce any right or provisions of these Terms will not be deemed a waiver of such right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Governing Law and Jurisdiction:

You and PTI agree that any cause of action arising out of or related to these Terms or the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms will be interpreted in accordance with the laws of the State of Delaware and the United States of America, without regard to its conflict of law provisions. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in New York County, New York, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Delaware (excluding choice of law).

Miscellaneous:

We will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with RoomZoom’s prior written consent. RoomZoom may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.

Contacting RoomZoom:

If you have any questions about these Terms please contact us at terms@roomzoom.io.  

 

 

1 PRIVACY POLICY Last revised May 7, 2013 RoomZoom, LLC. ("RoomZoom", "we", "us" or “our”) is committed to protecting the privacy of our users online. Accordingly we have developed this Privacy Policy (“Policy”) to inform you of our policies and procedures regarding the collection, use and disclosure of data we receive from users of www.RoomZoom.io (the "Site") and our application for mobile devices (the "Application"). Our primary goals in collecting information are to provide and improve our Site, Application, services, features and content, to administer your use of the Site and Application (together, the "Service") and to enable users to enjoy and easily navigate the Site and Application. This Policy sets forth the policies and procedures of data and information, including but not limited to personally identifiable information, received from users of the Service. This policy is applicable to all visitors of the Site, and all other users, registered or otherwise, of the Service (collectively, “visitors”, “users” or “you”). By using the Service, you consent to your information being collected, disclosed and otherwise used as described in this Policy, which is incorporated by reference into the RoomZoom Terms of Service (“TOS”). Unless otherwise defined in this Policy, terms used in this Policy have the same meanings as in our TOS. If you do not agree to the terms and conditions of this Policy, and the terms and conditions in our TOS, you are not authorized to use the Service. As used in this policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally. The Service may contain links to other web sites. We are not responsible for the privacy policies and/or practices on other web sites. These other web sites may place their own cookies or other files on your computer, collect data or solicit personal information from you. When linking to another web site, you should read the privacy policy stated on that web site. This Policy only governs information collected on the Service. Changes to the Privacy Policy: We may amend, update or change this Policy from time to time. Use of information we collect now is subject to the Policy in effect at the time such information is used. If we make changes to the Policy, we will post the revised Policy here. If we make material changes to the Policy, we will notify you by an email sent to the address specified in your RoomZoom Account (defined below) or by means of a notice on the Site and Application once the change has become effective. You are encouraged to review the Policy from time to time in the event changes have been made. Your continued use of the Service indicates your assent to the Policy as posted and you agree that we may change it at any time, effective immediately. INFORMATION WE COLLECT We collect information to provide a better Service to all of our users. In some circumstances, certain users choose to interact with our Service in ways that require RoomZoom to gather personally identifiable information. In other circumstances, RoomZoom, like most website operators, will collect non-personally 2 identifiable information. We use this information only insofar as is necessary or appropriate to fulfill the purpose of a user’s interaction with the Service. Personally Identifiable Information: You can register to join via the Site or Application by completing the required forms. Users who register for an account with our Service are considered Members. Only Members can list residences and/or residences with rooms for rent (collectively, “Residences”), view such Residence listings, and communicate with other Members. When you register for an account with us through the Site or Application and become a Member, or when you wish to contact another Member, we will ask for personally identifiable information such as your name (first name and last initial), login password, date of birth, e-mail address, and zip code (collectively, the “Personal Information”). Additionally, we reserve the right to require home address confirmation for Members offering Residences, which is also considered Personal Information. If we require such confirmation, we will send a code via postal mail to the address contained in a Member’s account and ask you to enter the code via the Site and Application in order to confirm the address of the Residence included in the applicable Member’s account. We will not disclose Personal Information other than as described in this Policy. Of course, you can always refuse to provide Personal Information, but doing so may prevent you from using some or all of our Service. You can also register to join the Site or Application via an online account you may have with a third party service provider (a “Third Party Account”). For example, you may register to join the Site or Application, and interact with the service, through a Third Party Account with a Social Networking Service ("SNS"). As part of the functionality of the Service, you may link your account on RoomZoom (“RoomZoom Account”) with Third Party Accounts by either: (i) providing your Third Party Account login information to RoomZoom through the Site or Application; or (ii) allowing RoomZoom to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to RoomZoom and/or grant RoomZoom access to your Third Party Account (including, but not limited to, for the use and for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating RoomZoom to pay any fees or making RoomZoom subject to any usage limitations imposed by the applicable SNS. If you decide to register by logging into a Third Party Account via our Site or Application, we will obtain the Personal Information you have provided to the applicable SNS (such as your name, email address, profile picture, names of SNS friends, names of SNS groups to which you belong, other information you make publicly available via the applicable SNS and/or other information you authorize RoomZoom to access by authorizing the SNS to provide such information) from your Third Party Accounts and use that information to create your RoomZoom Account and RoomZoom Account profile page, and you will become a Member. Depending on the Third Party Accounts you choose, and depending on the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will make available and store (if applicable and as permitted by the SNS and authorized by you) the information in your Third Party Accounts so that it is available on and through your RoomZoom Account on the Site and Application. If there is information about your SNS friends or people with whom you are associated in your Third Party Account, the information we obtain about those SNS friends or people with whom you are associated may also depend on the privacy settings such people have with the applicable SNS. When you log in to an Account and interact with our Service, we may automatically collect and store information that has the potential to be personally identifiable, such as your Internet Protocol (IP address). We only use and disclose user IP addresses under the same circumstances that we use and disclose Personal Information under this Policy. RoomZoom Accounts: 3 When you create a RoomZoom Account, we will set up a RoomZoom Account profile page for you (“RoomZoom Profile Page”). Your RoomZoom Profile Page will include your first name and last initial. You can select the other items of Personal Information that you wish to be included in your RoomZoom Profile Page, including, but not limited to, a profile picture, a list of the SNS groups to which you belong, a list of any of your SNS friends or connections who are also Members of RoomZoom, connections you have established between your Account and any SNS, and a biography and links to your Listings (defined below), if applicable (together, your "Profile Information"). Your Profile Information may also include rating and reviews by other Members. We will display your Profile Information on your RoomZoom Profile Page publicly via the Site and Application, and, with your prior permission, on third party sites. Any Profile Information you choose to provide as part of your RoomZoom Profile Page will be visible and available to any RoomZoom Member. Consequently, your RoomZoom Profile Page should reflect how much you want other RoomZoom Members to know about you. We recommend that you guard your anonymity and sensitive information and we encourage members to think carefully about what information about themselves they disclose in their profile pages. You can review and revise your Profile Information at any time. Non-Personally Identifiable Information: When visiting our Site or using a part of our Service we may also collect non-personally identifiable information related to which part of our Service you are using and how your are using it, like when you view and interact with content. The amount and type of information that we gather depends on the nature of your interaction with our Service. For example, web browsers and servers typically make available certain non-personally identifiable information like system activity, hardware settings, browser type, browser language, date and time of a visitor’s request and referral URL, and other technologies. This information may be stored on our server logs. We collect this information in order to better understand how our visitors interact with and use our Service. Certain non-personally identifiable information may be considered a part of your Personal Information when combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be personally identified. However, when Non-Personally Identifiable Information is taken alone and independently of one another, or combined only with other non-personally identifiable information (for example, your demographic information), it will not be considered part of your Personal Information. Changing or Deleting Your Information: All Members may review, update, correct or deactiviate the Personal Information in their registration profile by contacting us at terms@RoomZoom.io or editing the relevant part of their profile. Please note that, if you deactivate your RoomZoom Account, any recommendations or feedback you have posted via the Site and Application will remain publicly viewable via the Site and Application. HOW WE USE INFORMATION WE COLLECT We use information we collect through the Service in order to provide, maintain, protect, and improve our Service, as well as to protect RoomZoom and our Members. We may use your Personal Information to contact you with RoomZoom newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, contact terms@RoomZoom.io. Please note that we may also use your Personal Information to contact you with information related to your use of the Service; you may not opt out of these notifications. 4 We may transfer Personal Information as an asset in connection with a proposed or actual merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganization, stock sale or other change in control. In such a circumstance the transferee would be bound by the terms of this Policy. We may combine your Personal Information with non-personally identifiable information and aggregate it with information collected from other RoomZoom Members in order to provide you with a better experience, to improve the quality and value of the Service, and to analyze and understand how our Site, Application and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product or service to you according to your preferences or restrictions. We may share non-personally identifiable information publicly and with connected sites or services. We only use this this data in aggregate for business and administrative purposes, for the purposes of performing statistical analyses on user behavior and characteristics, for increasing the Service’s functionality and user-friendliness, for demographic profiling, and to better tailor our Site and Application to our visitors' needs. Any aggregated information shared in these contexts will not contain your Personal Information. We also use this information to verify that visitors to the Site meet the criteria required to process their requests. Listings: When a Member posts (a “Listing Member”) a Residence to rent (the “Listing”), we may publish that Listing publicly via the Site and Application and may enable third parties to publish your Listing on their websites through the use of an HTML "widget". Only other RoomZoom members will be able to view Listings. We may also display the geographical location of your Listing in the form of a map so that Members can see the general area and neighborhood of your Listing, but your actual street address will not be disclosed until you enter into a confirmed transaction with another Member. HOW YOUR PERSONAL INFORMATION IS PROTECTED. Your RoomZoom Account is password protected for your privacy and security. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password, and limiting access to your computer, phone and browser such as signing off after you have finished accessing your RoomZoom Account. We are committed to protecting the information we receive from you, and we follow reasonable technical and management practices to help protect the confidentiality, security and integrity of Personal Information, potentially personally identifiable information, and data stored on our system. While no computer system is completely secure, we believe the measures we have implemented reduce the likelihood of security problems to a level appropriate to the type of data involved. We restrict access to Personal Information to RoomZoom employees, contractors and agents or affiliated organizations who need to know this information in order to process it for us, and who are subject to confidentiality obligations. We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems. We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site and Application-related services (e.g., without limitation, maintenance services, database management, web analytics, fraud detection services relating to the activity of RoomZoom Members and improvement of the Site and Application's features) or to assist us in analyzing 5 how our Site, Application and Service are used. These third parties may have access to your Personal Information; if they do, this access is only so that they may perform these tasks on our behalf and they are obligated not to disclose or use it for any other purpose. Compliance with Law and Law Enforcement: RoomZoom cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose your Personal Information to third parties in a good faith belief that such disclosure is reasonably necessary to (a) take action regarding suspected illegal activities; (b) enforce or apply our TOS and Privacy Policy; (c) comply with legal process, such as a search warrant, subpoena, statute, or court order; or (d) protect our rights, reputation, and property, or that of our users, affiliates, or the public. Please note that we are not required to question or contest the validity of any search warrant, subpoena or other similar governmental request that we receive. COOKIES AND SIMILAR TECHNOLOGIES Cookies: Like many websites, we use cookies to collect information. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your login information for future logins to the Site and Application. Second, we utilize session ID cookies to enable certain features of the Site and Application, to better understand how you interact with the Site and Application and to monitor aggregate usage by RoomZoom Members and visitors and web traffic routing on the Site and Application. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site or Application and then close your browser. When we use analytics and other analytics programs, cookies are used to collect and store anonymous information such as time of visit, pages visited, time spent on each page of the web site, IP address, and type of operating system used. We use this information to improve the Service and make it appealing to as many users as possible. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or Application or all functionality of the Service. Web Beacons: Our Site and Application may contain electronic images known as web beacons (sometimes called singlepixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Site and Application are used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns. MATCHED MEMBERS AND MESSAGING VIA ROOMZOOM ACCOUNTS As part of the Service, and based on various criteria of information provided to RoomZoom by Members, Listing Members will be “matched” with other Members who are in search of a Residence (collectively, “Matched Members”). These Listing Members may communicate with other RoomZoom Members through use of the "messages" feature on the Site and Application. Where RoomZoom Members have selected the option of adding one or more email addresses to an online form, the message they create in the corresponding template will be sent from RoomZoom to those email addresses on their behalf. These email addresses will be used only for the purpose of sending the email communication to the addressee. 6 If you choose to use our referral service to ask a friend for a recommendation, we will ask you for your friend’s email address. We will automatically send your friend a one-time email inviting him or her to visit the Site and/or Application. RoomZoom stores this information for the sole purpose of sending this one-time email. Your friend may contact us to request that we remove this information from our database. MISCELLANEOUS International Transfer: YOUR INFORMATION MAY BE TRANSFERRED TO - AND MAINTAINED ON - COMPUTERS LOCATED OUTSIDE OF YOUR STATE, PROVINCE, COUNTRY OR OTHER GOVERNMENTAL JURISDICTION WHERE THE PRIVACY LAWS MAY NOT BE AS PROTECTIVE AS THOSE IN YOUR JURISDICTION. IF YOU ARE LOCATED OUTSIDE THE UNITED STATES AND CHOOSE TO PROVIDE INFORMATION TO US, ROOMZOOM TRANSFERS PERSONAL INFORMATION TO THE UNITED STATES AND PROCESSES IT THERE. YOUR CONSENT TO THIS PRIVACY POLICY FOLLOWED BY YOUR SUBMISSION OF SUCH INFORMATION REPRESENTS YOUR AGREEMENT TO THAT TRANSFER. Testimonials: With your consent we may post your testimonial on the Site and Application along with your name. If you want your testimonial removed please contact us. Our Policy Toward Children: The Site and Application are not directed to individuals under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files. Contacting Us: If you have any questions about this Policy, please contact us at terms@RoomZoom.io

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Privacy policy

Last revised May 7, 2013

RoomZoom, LLC. ("RoomZoom", "we", "us" or "our") is committed to protecting the privacy of our users online. Accordingly we have developed this Privacy Policy ("Policy") to inform you of our policies and procedures regarding the collection, use and disclosure of data we receive from users of www.RoomZoom.io (the "Site") and our application for mobile devices (the "Application"). Our primary goals in collecting information are to provide and improve our Site, Application, services, features and content, to administer your use of the Site and Application (together, the "Service") and to enable users to enjoy and easily navigate the Site and Application.

This Policy sets forth the policies and procedures of data and information, including but not limited to personally identifiable information, received from users of the Service. This policy is applicable to all visitors of the Site, and all other users, registered or otherwise, of the Service (collectively, "visitors", "users" or "you"). By using the Service, you consent to your information being collected, disclosed and otherwise used as described in this Policy, which is incorporated by reference into the RoomZoom Terms of Service ("TOS"). Unless otherwise defined in this Policy, terms used in this Policy have the same meanings as in our TOS. If you do not agree to the terms and conditions of this Policy, and the terms and conditions in our TOS, you are not authorized to use the Service.

As used in this policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.

The Service may contain links to other web sites. We are not responsible for the privacy policies and/or practices on other web sites. These other web sites may place their own cookies or other files on your computer, collect data or solicit personal information from you. When linking to another web site, you should read the privacy policy stated on that web site. This Policy only governs information collected on the Service.

Changes to the Privacy Policy:

We may amend, update or change this Policy from time to time. Use of information we collect now is subject to the Policy in effect at the time such information is used. If we make changes to the Policy, we will post the revised Policy here. If we make material changes to the Policy, we will notify you by an email sent to the address specified in your RoomZoom Account (defined below) or by means of a notice on the Site and Application once the change has become effective. You are encouraged to review the Policy from time to time in the event changes have been made. Your continued use of the Service indicates your assent to the Policy as posted and you agree that we may change it at any time, effective immediately.

INFORMATION WE COLLECT

We collect information to provide a better Service to all of our users. In some circumstances, certain users choose to interact with our Service in ways that require RoomZoom to gather personally identifiable information. In other circumstances, RoomZoom, like most website operators, will collect non-personally identifiable information. We use this information only insofar as is necessary or appropriate to fulfill the purpose of a user’s interaction with the Service.

Personally Identifiable Information:

You can register to join via the Site or Application by completing the required forms. Users who register for an account with our Service are considered Members. Only Members can list residences and/or residences with rooms for rent (collectively, "Residences"), view such Residence listings, and communicate with other Members. When you register for an account with us through the Site or Application and become a Member, or when you wish to contact another Member, we will ask for personally identifiable information such as your name (first name and last initial), login password, date of birth, e-mail address, and zip code (collectively, the "Personal Information"). Additionally, we reserve the right to require home address confirmation for Members offering Residences, which is also considered Personal Information. If we require such confirmation, we will send a code via postal mail to the address contained in a Member’s account and ask you to enter the code via the Site and Application in order to confirm the address of the Residence included in the applicable Member’s account. We will not disclose Personal Information other than as described in this Policy. Of course, you can always refuse to provide Personal Information, but doing so may prevent you from using some or all of our Service.

You can also register to join the Site or Application via an online account you may have with a third party service provider (a "Third Party Account"). For example, you may register to join the Site or Application, and interact with the service, through a Third Party Account with a Social Networking Service ("SNS"). As part of the functionality of the Service, you may link your account on RoomZoom ("RoomZoom Account") with Third Party Accounts by either: (i) providing your Third Party Account login information to RoomZoom through the Site or Application; or (ii) allowing RoomZoom to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to RoomZoom and/or grant RoomZoom access to your Third Party Account (including, but not limited to, for the use and for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating RoomZoom to pay any fees or making RoomZoom subject to any usage limitations imposed by the applicable SNS. If you decide to register by logging into a Third Party Account via our Site or Application, we will obtain the Personal Information you have provided to the applicable SNS (such as your name, email address, profile picture, names of SNS friends, names of SNS groups to which you belong, other information you make publicly available via the applicable SNS and/or other information you authorize RoomZoom to access by authorizing the SNS to provide such information) from your Third Party Accounts and use that information to create your RoomZoom Account and RoomZoom Account profile page, and you will become a Member. Depending on the Third Party Accounts you choose, and depending on the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will make available and store (if applicable and as permitted by the SNS and authorized by you) the information in your Third Party Accounts so that it is available on and through your RoomZoom Account on the Site and Application. If there is information about your SNS friends or people with whom you are associated in your Third Party Account, the information we obtain about those SNS friends or people with whom you are associated may also depend on the privacy settings such people have with the applicable SNS.

When you log in to an Account and interact with our Service, we may automatically collect and store information that has the potential to be personally identifiable, such as your Internet Protocol (IP address). We only use and disclose user IP addresses under the same circumstances that we use and disclose Personal Information under this Policy.

RoomZoom Accounts:

When you create a RoomZoom Account, we will set up a RoomZoom Account profile page for you ("RoomZoom Profile Page"). Your RoomZoom Profile Page will include your first name and last initial. You can select the other items of Personal Information that you wish to be included in your RoomZoom Profile Page, including, but not limited to, a profile picture, a list of the SNS groups to which you belong, a list of any of your SNS friends or connections who are also Members of RoomZoom, connections you have established between your Account and any SNS, and a biography and links to your Listings (defined below), if applicable (together, your "Profile Information"). Your Profile Information may also include rating and reviews by other Members. We will display your Profile Information on your RoomZoom Profile Page publicly via the Site and Application, and, with your prior permission, on third party sites. Any Profile Information you choose to provide as part of your RoomZoom Profile Page will be visible and available to any RoomZoom Member. Consequently, your RoomZoom Profile Page should reflect how much you want other RoomZoom Members to know about you. We recommend that you guard your anonymity and sensitive information and we encourage members to think carefully about what information about themselves they disclose in their profile pages. You can review and revise your Profile Information at any time.

Non-Personally Identifiable Information:

When visiting our Site or using a part of our Service we may also collect non-personally identifiable information related to which part of our Service you are using and how your are using it, like when you view and interact with content. The amount and type of information that we gather depends on the nature of your interaction with our Service. For example, web browsers and servers typically make available certain non-personally identifiable information like system activity, hardware settings, browser type, browser language, date and time of a visitor’s request and referral URL, and other technologies. This information may be stored on our server logs. We collect this information in order to better understand how our visitors interact with and use our Service.

Certain non-personally identifiable information may be considered a part of your Personal Information when combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be personally identified. However, when Non-Personally Identifiable Information is taken alone and independently of one another, or combined only with other non-personally identifiable information (for example, your demographic information), it will not be considered part of your Personal Information.

Changing or Deleting Your Information:

All Members may review, update, correct or deactiviate the Personal Information in their registration profile by contacting us at terms@RoomZoom.io or editing the relevant part of their profile. Please note that, if you deactivate your RoomZoom Account, any recommendations or feedback you have posted via the Site and Application will remain publicly viewable via the Site and Application.

HOW WE USE INFORMATION WE COLLECT

We use information we collect through the Service in order to provide, maintain, protect, and improve our Service, as well as to protect RoomZoom and our Members.

We may use your Personal Information to contact you with RoomZoom newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, contact terms@RoomZoom.io. Please note that we may also use your Personal Information to contact you with information related to your use of the Service; you may not opt out of these notifications.

We may transfer Personal Information as an asset in connection with a proposed or actual merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganization, stock sale or other change in control. In such a circumstance the transferee would be bound by the terms of this Policy.

We may combine your Personal Information with non-personally identifiable information and aggregate it with information collected from other RoomZoom Members in order to provide you with a better experience, to improve the quality and value of the Service, and to analyze and understand how our Site, Application and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product or service to you according to your preferences or restrictions.

We may share non-personally identifiable information publicly and with connected sites or services. We only use this this data in aggregate for business and administrative purposes, for the purposes of performing statistical analyses on user behavior and characteristics, for increasing the Service’s functionality and user-friendliness, for demographic profiling, and to better tailor our Site and Application to our visitors' needs. Any aggregated information shared in these contexts will not contain your Personal Information. We also use this information to verify that visitors to the Site meet the criteria required to process their requests.

Listings:

When a Member posts (a "Listing Member") a Residence to rent (the "Listing"), we may publish that Listing publicly via the Site and Application and may enable third parties to publish your Listing on their websites through the use of an HTML "widget". Only other RoomZoom members will be able to view Listings. We may also display the geographical location of your Listing in the form of a map so that Members can see the general area and neighborhood of your Listing, but your actual street address will not be disclosed until you enter into a confirmed transaction with another Member.

HOW YOUR PERSONAL INFORMATION IS PROTECTED.

Your RoomZoom Account is password protected for your privacy and security. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password, and limiting access to your computer, phone and browser such as signing off after you have finished accessing your RoomZoom Account. We are committed to protecting the information we receive from you, and we follow reasonable technical and management practices to help protect the confidentiality, security and integrity of Personal Information, potentially personally identifiable information, and data stored on our system. While no computer system is completely secure, we believe the measures we have implemented reduce the likelihood of security problems to a level appropriate to the type of data involved.

We restrict access to Personal Information to RoomZoom employees, contractors and agents or affiliated organizations who need to know this information in order to process it for us, and who are subject to confidentiality obligations. We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site and Application-related services (e.g., without limitation, maintenance services, database management, web analytics, fraud detection services relating to the activity of RoomZoom Members and improvement of the Site and Application's features) or to assist us in analyzing how our Site, Application and Service are used. These third parties may have access to your Personal Information; if they do, this access is only so that they may perform these tasks on our behalf and they are obligated not to disclose or use it for any other purpose.

Compliance with Law and Law Enforcement:

RoomZoom cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose your Personal Information to third parties in a good faith belief that such disclosure is reasonably necessary to (a) take action regarding suspected illegal activities; (b) enforce or apply our TOS and Privacy Policy; (c) comply with legal process, such as a search warrant, subpoena, statute, or court order; or (d) protect our rights, reputation, and property, or that of our users, affiliates, or the public. Please note that we are not required to question or contest the validity of any search warrant, subpoena or other similar governmental request that we receive.

COOKIES AND SIMILAR TECHNOLOGIES

Cookies:

Like many websites, we use cookies to collect information. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your login information for future logins to the Site and Application. Second, we utilize session ID cookies to enable certain features of the Site and Application, to better understand how you interact with the Site and Application and to monitor aggregate usage by RoomZoom Members and visitors and web traffic routing on the Site and Application. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site or Application and then close your browser. When we use analytics and other analytics programs, cookies are used to collect and store anonymous information such as time of visit, pages visited, time spent on each page of the web site, IP address, and type of operating system used. We use this information to improve the Service and make it appealing to as many users as possible. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or Application or all functionality of the Service.

Web Beacons:

Our Site and Application may contain electronic images known as web beacons (sometimes called singlepixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Site and Application are used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.

MATCHED MEMBERS AND MESSAGING VIA ROOMZOOM ACCOUNTS

As part of the Service, and based on various criteria of information provided to RoomZoom by Members, Listing Members will be "matched" with other Members who are in search of a Residence (collectively, "Matched Members"). These Listing Members may communicate with other RoomZoom Members through use of the "messages" feature on the Site and Application. Where RoomZoom Members have selected the option of adding one or more email addresses to an online form, the message they create in the corresponding template will be sent from RoomZoom to those email addresses on their behalf. These email addresses will be used only for the purpose of sending the email communication to the addressee.

If you choose to use our referral service to ask a friend for a recommendation, we will ask you for your friend’s email address. We will automatically send your friend a one-time email inviting him or her to visit the Site and/or Application. RoomZoom stores this information for the sole purpose of sending this one-time email. Your friend may contact us to request that we remove this information from our database.

MISCELLANEOUS

International Transfer:

YOUR INFORMATION MAY BE TRANSFERRED TO - AND MAINTAINED ON - COMPUTERS LOCATED OUTSIDE OF YOUR STATE, PROVINCE, COUNTRY OR OTHER GOVERNMENTAL JURISDICTION WHERE THE PRIVACY LAWS MAY NOT BE AS PROTECTIVE AS THOSE IN YOUR JURISDICTION. IF YOU ARE LOCATED OUTSIDE THE UNITED STATES AND CHOOSE TO PROVIDE INFORMATION TO US, ROOMZOOM TRANSFERS PERSONAL INFORMATION TO THE UNITED STATES AND PROCESSES IT THERE. YOUR CONSENT TO THIS PRIVACY POLICY FOLLOWED BY YOUR SUBMISSION OF SUCH INFORMATION REPRESENTS YOUR AGREEMENT TO THAT TRANSFER.

Testimonials:

With your consent we may post your testimonial on the Site and Application along with your name. If you want your testimonial removed please contact us.

Our Policy Toward Children:

The Site and Application are not directed to individuals under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.

Contacting Us:

If you have any questions about this Policy, please contact us at terms@roomzoom.io. 

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