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Terms & Conditions

This agreement (the "Terms of Service" or "Agreement") sets forth legally binding terms for your use of the Services. By using the Services, you agree to be bound by these Terms of Service, whether you are a "Website Creator" (which means that you have registered to utilize our tools to build a website ("Website"), a "Member" (which means that you have registered on one of the RoomJack.com hosted Websites) or a "Visitor" (which means that you are visiting RoomJack.com or any hosted Website). The term "User" refers to a Visitor or a Member or a Website Creator. By browsing or registering with, creating or using any Website or Service on RoomJack.com you are agreeing to these Terms of Service. If you do not agree to these Terms of Service or any of the Guidelines, you must cease use of the Services.


1. DESCRIPTION OF SERVICE

The Service is web-based and allows users to register for an account on the Service (an "Account Holder") to create and update an online web site on RoomJack.com. Once registered with the Service, each Account Holder receives his or her own Web Site to post "Content". You also understand and agree that the service may include certain communications from Room Jack, such as service announcements, administrative messages and the Room Jack Newsletter, and that these communications are considered part of Room Jack membership and you will be able to opt out of receiving them. You agree not to access the Service by any means other than through the interfaces that are provided by Room Jack for use in accessing the Service.


2. REGISTRATION

In order to use the Service, you must have a valid Room Jack ID. To be an Account Holder with your own web site, you must provide Room Jack with a valid email address and other information ("Registration Data"). As an Account Holder, you will choose a password and account designation for your web sites during the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Room Jack in writing of any unauthorized use of your password or account or any other breach of security. Room Jack cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2. In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.


3. CANCELLATION AND TERMINATION

If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your Web site and all information contained therein may be deleted by Room Jack. Room Jack accepts no liability for such deleted information or content.

You agree Room Jack, in its sole discretion, may terminate your password, and/or account, and remove and discard any Content within the Service (including, but not limited to your web site if you are an Account Holder), for any reason, including and without limitation or if Room Jack believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted web site (as applicable) and all its parts, at Room Jack's discretion, will be terminated as well. Room Jack may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Room Jack may immediately deactivate or delete your web site, as applicable, and all related information and files. Room Jack reserves the right to bar any further access to such files or the Service. You agree that Room Jack shall not be liable to you or any third-party for any termination of your access to the Service.


4. Room Jack PRIVACY POLICY

Registration Data and certain other information about you are subject to our Privacy Policy, the terms of which are incorporated into this TOS by reference.


5. CONTENT AND CONDUCT RULES AND OBLIGATIONS

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. You, and not Room Jack, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. Room Jack does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You agree 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. In this regard, you acknowledge that you may not rely on any Content created by Room Jack or submitted to Room Jack.

Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in Room Jack's sole discretion as to what action should be taken.

You agree that you will not:

(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;


6. FEES/PAYMENT

Registering with Room Jack requires payment of fees. If you elect to sign up with Room Jack, you shall pay all applicable fees, as described on the Service. Room Jack reserves the right to change its prices and at any time. You authorize Room Jack directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. You agree to pay for any such taxes that might be applicable to your use of the Service and payments made by you herein.


7. INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.


8. CONTENT SUBMITTED

Room Jack does not claim ownership of the Content you place on your Room Jack web site. By submitting Content to Room Jack for inclusion on your Room Jack web site, you grant Room Jack a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your web site on Room Jack's Internet properties. This license exists only for as long as you continue to be a Room Jack customer and shall be terminated at the time your Web site is terminated.


You acknowledge that Room Jack does not pre-screen Content, but that Room Jack and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Room Jack and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree 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.


9. THEMES

If you choose, you may contribute website themes ("Custom Themes") to the Service for use by other users. You hereby grant and agree to grant Room Jack an exclusive, perpetual, sublicensable, worldwide, irrevocable, royalty-free right and license to use, copy, modify, and create derivative works of any Custom Theme contributed by You to the Service, including the HTML code and media assets therefor.


10. INDEMNITY

You agree to indemnify and hold Room Jack, and its subsidiaries, affiliates, officers, director’s, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your Guests activities, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.


11. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Room Jack may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time without notice to you.


12. MODIFICATIONS TO SERVICE

Room Jack reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Room Jack shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.


13. ROOM JACK'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Room Jack or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Room Jack does not want to receive confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorized Room Jack representative, any material, information or idea you transmit to Room Jack by any means may be disseminated or used by Room Jack or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content (as defined herein), or to personal information that is subject to our Privacy Policy.


14. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ROOM JACK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.


(b) ROOM JACK WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, ROOM JACK IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. ROOM JACK DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.


(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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.


(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.


15. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ROOM JACK SHALL NOT BE LIABLE 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 ROOM JACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.


16. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.


17. U.S. GOVERNMENT RESTRICTED RIGHTS

The materials on the Service are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of Room Jack's proprietary rights in them.


18. GENERAL

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. The TOS and the relationship between you and Room Jack shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Room Jack agree to submit to the personal and exclusive jurisdiction of the courts located within San Francisco, California. The failure of Room Jack to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and Room Jack and govern your use of the Service, superseding any prior agreements between you and Room Jack (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Room Jack services, third-party content or third-party software. If any provision of the TOS or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.


19. VIOLATIONS

Please contact our Support Center to report any violations of the TOS.

 

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