Last revised May 7, 2013
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").
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.
"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.
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.
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).
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.
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.
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.
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.
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.
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:
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations; use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Content; use the Site, Application or Service for any commercial or other purposes that are not expressly permitted by these Terms; copy, store or otherwise access any information contained on the Site, Application, Service or Content for purposes not expressly permitted by these Terms; infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; interfere with or damage our Site, Application or Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use our Site, Application or Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; use our Site, Application or Service in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence; "stalk" or harass any other user of our Site, Application, or Service or collect or store any personally identifiable information about any other user other than for purposes of transacting as an RoomZoom Member; offer, as a Listing Member, any Residence that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Residences as a Listing Member if you are serving in the capacity of a rental agent or listing agent for a third party); offer, as a Listing Member, any Residence that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement; register for more than one RoomZoom Account or register for an RoomZoom Account on behalf of an individual other than yourself; contact a Listing Member for any purpose other than asking a question related to a booking, such Listing Member’s Residence or Listing; contact a Member for any purpose other than asking a question related to a booking or such Member’s use of the Site, Application and Service; when acting as a Member or otherwise, recruit or otherwise solicit any Listing Member or other Member to join third party services or websites that are competitive to RoomZoom, without RoomZoom’s prior written approval; impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; use automated scripts to collect information or otherwise interact with the Site, Application or Services; as a Listing Member, submit any Residence for listings with a false or misleading price information, or submit any Residence for listing with a price that you do not intend to honor; post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; • systematically retrieve data or other content from our Site, Application or Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; use, display, mirror or frame the Site or Application, or any individual element within the Site, Service, or Application, RoomZoom’s name, any RoomZoom trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without RoomZoom’s express written consent; access, tamper with, or use non-public areas of the Site or Application, RoomZoom’s computer systems, or the technical delivery systems of RoomZoom’s providers; attempt to probe, scan, or test the vulnerability of any RoomZoom system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by RoomZoom or any of RoomZoom’s providers or any other third party (including another user) to protect the Site, Service, Application or Collective Content; forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Service, Application or Collective Content to send altered, deceptive or false source-identifying information; attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Service, Application or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
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.
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.
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.
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.
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.
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:
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.
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.
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 MATCHED 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.
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.
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.
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.
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.
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.
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.
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).
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.
If you have any questions about these Terms please contact us at email@example.com.