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Welcome to Roompals.com, a service of Roomsworld, LLC. You should
carefully read the following Terms of Service Agreement
(“Agreement”) before using the RoomPals.com website
(“Site”) and services
(“Services”). By using our Services or
indicating your agreement in the registration process, you are agreeing
to become bound by these terms of our Service. This is a
legally binding agreement. If you do not agree with these
terms, you should not use the RoomPals.com website and you should
request termination of any account you may have with
RoomPals.com. “RoomPals.com,”
“RoomPals” and Roomsworld, LLC” may be
alternatively used in this agreement to refer to Roomsworld, LLC.
This Agreement constitutes the entire and only agreement between us and
you, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the
Site, the content, products or services provided by or through the
Site, and the subject matter of this Agreement. This Agreement may be
amended at any time from time to time by us without specific notice to
you. The latest Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.
1. RoomPals.com
Services. We agree
to provide you access to the RoomPals.com website and Services in
accordance with these Terms of Service. The Services are
provided for personal use and may not be resold. Minors are
not allowed to subscribe or use the Services. Portions of our
Services are not suitable for children. You must obtain
access to our Services through your own Internet connection account
with another company.
The
Services.
RoomPals provides roommate resources to people nationwide. The Service allows people to find roommates, tenants, and rooms for
rent.
2. Your
Responsibilities.
You are responsible for the use of your account by anyone using your
account. You are responsible for insuring that any user of
your account fully complies with the Terms & Conditions of this
Service.
You must be eighteen (18) years of age to use the service, and by
agreeing to these terms and using there Service you hereby represent
and warrant that you are at least eighteen years of age.
You agree to post only pictures of yourself, with no others contained
in the photograph.
You hereby understand that you may not at any time post any materials
that contain adult content. Specifically, you may not post
any photos that contain nudity or any sexual content. This is
strictly prohibited.
You are responsible for providing and maintaining all personal computer
and communications equipment and Internet access accounts necessary to
gain access to the RoomPals Services.
You are responsible for any communications, messages and other
information that you receive as a result of your use of the RoomPals
Services and bear the entire responsibility for any losses that you may
experience as a result of your use of the RoomPals Services.
You agree to inform RoomPals of any apparent breaches of security, such
as loss, theft, or unauthorized disclosure or use of an I.D., or
password. Until RoomPals is notified, by electronic or
conventional mail of a breach of security, you will remain liable for
any unauthorized use of your RoomPals Chat Services account.
You agree to use RoomPals Services in a manner consistent with any and
all applicable laws and regulations.
Any action by you that, in RoomPals’s sole opinion, restricts
or inhibits other subscribers from using and enjoying
RoomPals’s Services, is strictly prohibited.
We do not want to play any part in your publishing or receiving
defamatory remarks or obscene materials, or misappropriating the
property rights of others. However, RoomPals cannot
effectively monitor or edit the content of transmissions through the
Service. You specifically agree not to submit, publish, or
display on or through RoomPals any defamatory, inaccurate, abusive,
obscene, profane, sexually oriented, threatening, racially offensive,
or illegal material; nor shall you encourage the use of controlled
substances. YOU SPECIFICALLY AGREE THAT ROOMPALS WILL NOT BE
RESPONSIBLE FOR ANY SUCH MATERIAL PUBLISHED BY YOU OR RECEIVED BY YOU
AND YOU FULLY RELEASE AND INDEMNIFY ROOMPALS FROM ALL LIABILITY AND
RESPONSIBILITY FOR ANY SUCH TRANSMISSIONS, PUBLICATIONS OR
RECEIPT. Transmission of material, information or software in
violation of the U.S. Copyright Act or any other local, state or
federal law is prohibited. You specifically agree not to
upload, post or reproduce in any way any materials protected by
copyright without the permission of the copyright owner.
YOU UNDERSTAND AND ACKNOWLEDGE THAT ROOMPALS DOES NOT SCREEN ALL
POSTINGS AND HAS NO WAY OF INDEPENDENTLY VERIFYING THE INFORMATION
PROVIDED TO US BY A USER OR POSTED ON THIS SITE. USERS SHOULD ALWAYS BE
CAUTIOUS ABOUT GIVING PERSONAL INFORMATION TO STRANGERS OR POSTING IT
IN A PUBLIC PLACE WHERE SUCH ACTIONS MIGHT BE USED TO HARM, HARASS OR
BE USED AGAINST THEM.
If you violate the restrictions in these Terms & Conditions of
Service, you agree to indemnify RoomPals for any losses, costs, or
damages, including reasonable attorneys fees incurred by RoomPals and
relating to, or arising out of such a breach. You, not
RoomPals, are responsible for your behavior and the behavior of those
who use your RoomPals account.
Specific
Prohibitions: You
hereby agree:
that you will not forge headers or otherwise manipulate identifiers in
order to disguise the origin of any content transmitted through the
Service;
that you will not 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, except in those areas (such as shopping
rooms) that are designated for such purpose;
that you will not 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;
that you will not disrupt the normal flow of dialogue, cause a screen
to "scroll" faster than other users of the Service are able to type, or
otherwise act in a manner that negatively affects other users' ability
to engage in real time exchanges;
that you will not interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the
Service;
that you will not "stalk" or otherwise harass another; or
that you will not collect or store personal data about other users.
3. Approval,
Term
and Termination.
Your access to and use of the RoomPals Services may be terminated at
any time, for any reason or for no reason, by you or by RoomPals by the
sending of notice to the other party. Termination by you will
be effective on the day that RoomPals receives a notice or on a future
date if the notice so specifies.
4. Copyright,
License & Disclosure. The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site
are protected under applicable copyrights, trademarks and other
proprietary (including but not limited to intellectual property)
rights. The copying, redistribution, use or publication by you of any
such matters or any part of the Site is strictly prohibited. You do not
acquire ownership rights to any content, document or other materials
viewed through the Site. The posting of information or materials on the
Site does not constitute a waiver of any right in such information and
materials. By submitting any photograph, text or other
content to the Site, you grant RoomPals a perpetual, royalty-free
license to use and modify the posted content. Furthermore, we
may preserve content posted in our sole discretion and we may also
disclose such information to third parties to: (a) comply with legal
process; (b) enforce these terms of service; (c) respond to claims that
any content violates the rights of third-parties; or (d) protect our
rights, property, or personal safety or the rights, property and
personal safety of our users and the public. We do not, however,
undertake any affirmative obligation to examine content or disclose
content to any third party for any reason.
5. Trademarks. “RoomPals” and “RoomPals.com” are either trademarks or registered trademarks of Roomsworld, LLC.
Other product and company names mentioned on the Site may be trademarks
of their respective owners.
6. Limited Right to
Use. The viewing, printing or
downloading of any photo content, graphic, form or document from the
Site grants you only a limited, nonexclusive license for use solely by
you for your own personal use and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative works or other
use. No part of any content, form or document may be reproduced in any
form or incorporated into any information retrieval system, electronic
or mechanical, other than for your personal use (but not for resale or
redistribution).
7. Editing, Deleting
and Modification. We reserve
the right in our sole discretion to edit or delete any photographs,
content, documents, information or other content appearing on the Site.
8. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys,
staff and affiliates (collectively, “Affiliated
Parties”) harmless from any liability, loss, claim and
expense, including reasonable attorneys' fees, related to your
violation of this Agreement or use of the Site.
9. Nontransferable.
Your right to use the Site is not transferable. Any password or right
given to you to obtain information or documents is not transferable.
10. Disclaimer and
Limits. THE SERVICE AND
INFORMATION FROM OR THROUGH THE SITE IS PROVIDED “AS
IS,” “IS AVAILABLE,” AND ALL WARRANTIES,
EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE
DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS,
ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES
HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR
SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR
AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS
OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL
ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND
THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US
THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE
NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS
DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR
INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL
CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE PRICE YOU PAY FOR ROOMPALS
SERVICES OVER THE COURSE OF YOUR MEMBERSHIP.
YOU HEREBY ACKNOWLEDGE THAT BECAUSE ROOMPALS DOES NOT REVIEW THE
CONTENT POSTED ON THE SITE, ROOMPALS CANNOT AND WILL NOT GUARANTEE THE
ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT. YOU FURTHER
ACKNOWLEDGE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH,
THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY,
COMPLETENESS, OR USEFULNESS OF SUCH CONTENT.
11. Use of Information.
We reserve the right, and you authorize us, to use and assign all
information regarding Site uses by you and all information provided by
you in any manner consistent with our Privacy Policy.
12. Third-Party
Services. We allow access to
or advertise third-party merchant sites
(“Merchants”) from which you may purchase certain
goods or services. You understand that we do not operate or control the
products or services offered by Merchants. Merchants are responsible
for all aspects of order processing, fulfillment, billing and customer
service. We are not a party to the transactions entered into between
you and Merchants. You agree that use of such Merchants is AT YOUR SOLE
RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR
OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE
LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND
MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY
OTHER SITE LINKED TO OUR SITE.
13. Third-Party
Merchant Policies. All rules,
policies (including privacy policies) and operating procedures of
Merchants will apply to you while on such sites. We are not responsible
for information provided by you to Merchants. We and the Merchants are
independent contractors and neither party has authority to make any
representations or commitments on behalf of the other.
14. Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of
this Agreement.
15. Payments. You represent and warrant that if you are purchasing something from us
or from Merchants that (i) any credit information you supply is true
and complete, (ii) charges incurred by you will be honored by your
credit card company, and (iii) you will pay the charges incurred by you
at the posted prices, including any applicable taxes.
16. Links to Other
Web Sites. The Site may
contain links to other Web sites. We are not responsible for the
content, accuracy or opinions express in such Web sites, and such Web
sites are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on our Site does
not imply approval or endorsement of the linked Web site by us. If you
decide to leave our Site and access these third-party sites, you do so
at your own risk.
17. General Practices
Regarding Use And Storage.
You acknowledge that we may establish general practices and limits
concerning use of our site, including but not limited to matters
pertaining to the number and size of emails, the time content and other
information will remain on our site, limitations on what content may be
posted and when and how long we will retain it. We may at any
time destroy or log off accounts that are inactive for an extended
period of time. You further acknowledge that we reserve the right to
change these general practices and limits at any time, in our sole
discretion, with or without notice.
18. Information
and
Press Releases. The Site
contains information and press releases about us. While this
information was believed to be accurate as of the date prepared, we
disclaim any duty or obligation to update this information or any press
releases. Information about companies other than ours contained in the
press release or otherwise, should not be relied upon as being provided
or endorsed by us.
19. Miscellaneous. This Agreement shall be treated as though it were executed and
performed in North Miami Beach, Florida, and shall be governed by and
construed in accordance with the laws of the State of Florida (without
regard to conflict of law principles). Any cause of action by you with
respect to the Site (and/or any information, products or services
related thereto) must be instituted within one (1) year after the cause
of action arose or be forever waived and barred. All actions shall be
subject to the limitations set forth in Section 8 and Section 10. The
language in this Agreement shall be interpreted as in accordance with
its fair meaning and not strictly for or against either party. All
legal proceedings arising out of or in connection with this Agreement
shall be brought solely in North Miami Beach, Florida. You expressly
submit to the exclusive jurisdiction of said courts and consent to
extraterritorial service of process. Should any part of this Agreement
be held invalid or unenforceable, that portion shall be construed
consistent with applicable law and the remaining portions shall remain
in full force and effect. To the extent that anything in or associated
with the Site is in conflict or inconsistent with this Agreement, this
Agreement shall take precedence. Our failure to enforce any provision
of this Agreement shall not be deemed a waiver of such provision nor of
the right to enforce such provision.
VIOLATIONS
Please report any violations of the TOS to our Customer Service
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