You will create an account during the Roomsurf Service registration process. You are responsible for maintaining your account, and you are solely responsible for all activities that occur under your account. You agree to (a) immediately notify Roomsurf of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Roomsurf will not be liable for any loss or damage arising from your failure to comply with the provisions of this paragraph. You agree not to use the account of another Member at any time.
The Roomsurf Service is provided for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved in advance by Roomsurf. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Use of the Roomsurf Service, or of any data or information accessed or provided through the Roomsurf Service, for any commercial purpose, or by any commercial entity, is expressly prohibited.
You agree not to use or launch any automated system or scripts, including without limitation, "robots," "spiders," "offline readers," etc., to accesses the Roomsurf Service or to "scrape," "harvest," or otherwise retrieve, any data, documents, content or other information from the Roomsurf Service. You further agree not to collect or harvest any personally identifiable information, including account names or email addresses of Members, from the Roomsurf Service, nor to use the communication systems provided by the Roomsurf Service for any commercial solicitation purposes. You agree not to solicit any users of the Roomsurf Service with respect to their Member profiles or Content. Notwithstanding the foregoing, Roomsurf grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. Roomsurf reserves the right to revoke rights granted herein either generally or in specific cases.
Appropriate legal action will be taken for any illegal or unauthorized use of the Roomsurf Service (including illegal or unauthorized use of any data or information accessed or provided through the Roomsurf Service).
You acknowledge that Roomsurf reserves the right to charge for the Roomsurf Service and to change its fees from time to time in its discretion. Due to the nature of the digital service Roomsurf provides, refunds will not be given except in the unlikely event of a double charge. If Roomsurf terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
You agree that you may not use the Roomsurf Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Roomsurf Service. In addition, you agree not to use the Roomsurf Service to:
- upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, including but not limited to, a Roomsurf official, create a false identity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate, stalk or harass another;
- harm minors in any way;
- use or attempt to use another's account, service or system without authorization from the Company;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Roomsurf Service; or
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Member Content Posted on the Roomsurf Service
You are solely responsible for the media, files, electronic documents, photos, profiles, questions, answers, comments, ratings, reviews, descriptions and other content that you create, publish or display (hereinafter, "post") on or through the Roomsurf Service, or transmit to other Members (collectively the "Content"). Roomsurf does not endorse and has no control over the Content. Content is not necessarily reviewed by Roomsurf prior to posting and does not necessarily reflect the opinions or policies of Roomsurf.
By posting Content to any part of the Roomsurf Service, you automatically grant to the Company an irrevocable, perpetual, non-exclusive, transferable, fully-paid, royalty-free, worldwide license to use, modify, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You understand that, under the foregoing license grant, Roomsurf and its sublicensees may make commercial use of your Content in whatever manner it or they deem appropriate, and you shall not be entitled to receive any fee, royalty, payment, compensation or remuneration of any kind in connection with such commercial use by Roomsurf and/or its sublicensees.
By posting Content to any part of the Roomsurf Service, you represent and warrant that: (i) you own the Content posted by you on or through the Roomsurf Service or otherwise have the right to grant the license set forth in the preceding paragraph, and (ii) the posting of your Content on or through the Roomsurf Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person, or contain libelous, defamatory or otherwise unlawful material. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Roomsurf Service.
You understand that by using the Roomsurf Service, you may be exposed to Content that is offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Roomsurf with respect thereto, and agree to indemnify and hold Roomsurf, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Roomsurf Service.
Under no circumstances will Roomsurf be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Roomsurf Service. Roomsurf makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
Roomsurf's Proprietary Rights
All trademarks, logos, trade dress, product names, service names, and service marks on the Roomsurf Service are either trademarks or registered trademarks of the Company or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
We respect the intellectual property rights of others. Roomsurf does not permit copyright infringing activities and infringement of intellectual property rights on any portion of the Roomsurf Service and Roomsurf will remove any Content from the Roomsurf Service if properly notified that such content infringes on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by contacting us at contact@Roomsurf.com and providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- 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 Roomsurf to locate the material;
- Information reasonably sufficient to permit Roomsurf to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- 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 owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Links to Other Websites
The Roomsurf Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Roomsurf has no control over such sites and resources, you acknowledge and agree that Roomsurf is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Roomsurf shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Roomsurf Service available on or through any such site or resource. If you purchase goods and services on such sites or resources or otherwise engage in commerce activities with the third parties operating such sites or resources, you acknowledge and agree that Roomsurf is not a party to any such transaction or commerce activity, and any recourse you may have with respect to such transaction or commerce activity shall we be exclusively with the third parties operating such sites, and not with Roomsurf. Roomsurf specifically disclaims any and all responsibility or liability in conjunction with any such transaction or commerce activity, including any responsibility to provide customer service or support or otherwise intervene with such third parties.
You are solely responsible for your interactions with other Roomsurf Members. We reserve the right, but have no obligation, to monitor interaction and disputes between you and other Members.
The Roomsurf Service may be temporarily unavailable from time to time for maintenance or other reasons. Roomsurf.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Roomsurf Service. Under no circumstances will the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Roomsurf Service, any Content posted on or through the Roomsurf Service or transmitted to Members, or any interactions between users, whether online or offline.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE ROOMSURF SERVICES IS AT YOUR SOLE RISK. THE ROOMSURF SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. ROOMSURF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ROOMSURF MAKES NO WARRANTY THAT (i) THE ROOMSURF SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE ROOMSURF SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ROOMSURF SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ROOMSURF SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE ROOMSURFSERVICE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ROOMSURF SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Limitation on Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ROOMSURFSHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ROOMSURF IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE ROOMSURFSERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE ROOMSURF SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ROOMSURF SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE ROOMSURF SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO ROOMSURF FOR THE SERVICE DURING THE TERM OF MEMBERSHIP; AND (B) TEN DOLLARS ($10).
You agree to indemnify and hold ROOMSURF its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney's fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Roomsurf Service in violation of this Agreement or your violation of any law or the rights of a third party.
Governing Law and Venue
Any controversy, claim or dispute relating in any way to the Roomsurf Service (including your visit to or use of the Roomsurf Service) shall be submitted to confidential arbitration in Florida, except that, to the extent you have in any manner violated or threaten to violate Roomsurf or any of its affiliates' proprietary or intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, non-exclusive venue and jurisdiction in the state and federal courts of Florida.
Term and Termination