Terms of service

PLEASE READ CAREFULLY BEFORE USING THE PRODUCT OR WEBSITE

The website, products, mobile applications and services for the Room Service are provided by Spreecast, Inc. (the “Company”). These Terms (“Terms”) govern your access to and use of the Room website, products, software, mobile applications and services (collectively the “Service” or “Room” or the “Room Service”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Service, you agree to be bound by these Terms and by our Privacy Policy, found at http://www.room.co/#/privacy-terms/privacy. The Privacy Policy is incorporated herein by reference. If you do not agree to these Terms or Privacy Policy, you may not use the Service.

  1. Using Room Service

    1. Who Can Use Room. You may use our Service only if you can form a binding contract with us and only in compliance with these Terms and all applicable local, national and international laws. In some regions, there are restrictions on the use of the Service. It is your responsibility to ensure that you are legally allowed to use the Service where you are located. You are solely responsible for the activity that occurs in your Rooms on the Service. In order to access some features of the Service, you may choose to create a Room Service account or authenticate with a third-party authentication service such as Facebook or other third party.  When you create your Room Service account, you must provide us with accurate and complete information. You may never use another user’s account without permission. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.

    2. Equipment. In order to use the Service you will need an Internet broadband connection. You are responsible for providing all equipment required to access the Internet or enable communications such as headsets, microphones and webcams.

    3. Updates to the Service. The Company may automatically check your version of the Service. We may also automatically download configuration changes and updates to the Service from time to time. You may be required to update the Service in order to continue using the Room Service. You agree to accept such updates subject to these Terms unless other terms accompany the updates. The Company is not obligated to make any updates available and does not guarantee that we will continue to support the version of the operating system or device for which you licensed the Service or that updated versions of the Service will be compatible for use with end users using older versions of the Service. Updates may be required to maintain application compatibility, provide security updates or bug fixes, or offer new features, functionality or versions.

    4. Suspension, Technical Improvement and Maintenance. From time to time, The Company may need to perform maintenance on or upgrade the Service or the underlying infrastructure that enables you to use the Service. This may require The Company to temporarily suspend or limit your use of some or all of the Service until such time as this maintenance and/or upgrade can be completed. You will not be entitled to claim damages for such suspension or limitation of the use of any Service.

    5. Content of Communications. The Company is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Service, including but not limited to any media that is shared through our communication features. By using the Service, you agree that the content of communications that you submit may be transmitted to the recipient of your communication and that text messages and content shared through messaging features may be stored on the Company servers (a) to convey and synchronize your messages and content and (b) to enable you and your recipients to view the messages and related content. Messages may be stored by the Company for certain periods of time as determined by the Company.

      The Company reserves the right to review content submitted on or through the Service for the purpose of enforcing these Terms. The Company may, in its sole discretion, block or otherwise prevent delivery of any communication as part of our efforts to protect the Service or our customers, or to otherwise enforce these Terms. The following rules apply to your conduct and content when using the Service:

      1. Do not use the Service to do anything illegal. You are responsible for your actions and the consequences of your actions.
      2. Do not send spam or use your account to help others send spam. Spam is unsolicited bulk email, calls, instant messages, other communications and bulk contact requests.
      3. Do not upload, download or share offensive or inappropriate images or other content (e.g. nudity, bestiality, pornography, vulgar or obscene language).
      4. Do not upload or share images or engage in any activity that exploits or harms children.
      5. Do not engage in activity that is false or misleading (e.g. attempting to ask for money under false pretenses or impersonating someone else).
      6. Do not engage in activity that is harmful to our Service or its users (e.g. viruses, stalking, engaging in hate speech, advocating violence against others).
      7. Do not infringe upon the legal rights of others (e.g. unauthorized sharing of copyrighted music, photographs and other content).
      8. Do not engage in activity that violates the privacy of others.
      9. Do not circumvent, disable or otherwise interfere with the security related features of the Service or features that prevent or restrict the use of any content.

    6. Quality. The Company cannot guarantee that the Service will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Service, and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, the public switched telephone network and your power supply. The Company takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.

    7. Changes to Service. The Company is constantly improving the Service and may change it at any time. Additionally, there are reasons why the Company may stop providing the Service (or portions thereof) including (without limitation) that it is no longer feasible for us to provide it, the technology advances, customer feedback indicates a change is needed, external issues arise that make it imprudent or impractical to continue, or any other reason at the Company’s discretion. As a result of such changes, you may need to use an upgraded version of the Service. If you do not agree with any changes to Service you may terminate your relationship with the Company in accordance with paragraph 5. You may need to upgrade to a new version in order to enjoy the benefit of certain elements of the Service. In addition, you acknowledge and agree that certain portions of the Service may be subject to usage limits or geographical restrictions, which may vary from time to time.

    8. Linking. You may link to the Room.co website from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by the Company where none exists. You may not frame the Room.co website on any other site. The Company may revoke the permission to link to the Room.co website at any time at its sole discretion and will notify you in this respect.

    9. Third Party Links. The Service may contain links to third party websites, advertisers, events, activities, offers, or other entities that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Company will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve the Company from any and all liability arising from your use of any third-party website.

    10. Account Security. You are solely responsible for the activity that occurs on your account or with your password, and you must keep your account password secure. Please notify the Company immediately of any breach of security or unauthorized use of your account. While we work to protect the security of your account, the Company cannot guarantee that unauthorized third parties will not be able to defeat our security measures.

    11. Access to Emergency Services. The Service is not a replacement for your ordinary mobile or fixed line telephone. The Service does not allow you to make emergency calls to emergency services. You must make alternative communications arrangements to ensure that you can make emergency calls if needed.

    12. Feedback You Provide. We value hearing from our users, and are always interested in learning about ways we can make the Service better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you.
  2. License

    1. License. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-assignable, revocable, free of charge license to download, install or otherwise access the Service on a personal computer, mobile phone or other device and personally use the Service. The Company reserves all rights not expressly granted to you under these Terms.

    2. Restrictions. You may not and you agree not to:

      1. sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the Service;
      2. undertake, cause, permit or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Service or any part or features thereof (except to the extent permitted by law);
      3. remove, obscure or alter any copyright notices or other proprietary notices included in the Service;
      4. use the Service or cause the Service (or any part of it) to be used within or to provide commercial products or services to third parties or to resell the Service. The foregoing shall not preclude you using the Service for your own business communications, subject to paragraph 2(A) above.
  3. Your Obligations

    1. User Account. You are solely responsible and liable for all activities conducted through your user account. To prevent unauthorized use, you shall keep your password confidential and shall not share it with any third party. It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, passwords or other data. The Company takes no responsibility for your failure to comply with the obligations in this paragraph.

    2. Prohibited Use: You may not:

      1. intercept or monitor, damage or modify any communication which is not intended for you;
      2. use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Service, communication or protocols;
      3. send unsolicited communications (also referred to as “SPAM”, “SPIM” or “SPIT”) or any communication not permitted by applicable law or use the Service for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
      4. expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;
      5. use the Service to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or
      6. use (including as part of your User ID and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a licence or permission from the owner of such rights; or
      7. collect or harvest any personally identifiable information, including account names, from the Service;
      8. impact or attempt to impact the availability of the Service for example, with a denial of service (DOS) or distributed denial of service (DDoS) attack;
      9. use or launch any automated system, including without limitation, robots, spiders or offline readers that access the Service.

    3. Your Information. From time to time, the Company may request information from you for the purpose of supplying the Service to you. You shall ensure that any such information is complete, up-to-date and accurate.

    4. Export Restrictions. The Service may be subject to international rules that govern the export of software or other technology. You shall comply with all applicable international and national laws that apply to the Service as well as end-user, end-use, destination restrictions issued by national governments or similar bodies, and restrictions on embargoed nations.
  4. Proprietary Rights

    1. The Service contains proprietary and confidential information that is protected by intellectual property laws and treaties.

    2. The content and compilation of content included in the Service such as sounds, text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of the Company, its affiliates or licensors and are protected by United States and international copyright laws. Such copyright protected content cannot be reproduced without the Company’s express permission. The Company reserves all rights not expressly granted in the Service.

    3. The Company and/or its licensors retain exclusive ownership of the Service and all intellectual property therein (whether or not registered and anywhere in the world). You will not take any action to jeopardize, limit or interfere with the Company’s intellectual property rights in the Service.

    4. “Room”, associated trademarks and logos are trademarks of the Company. The Company has registered and filed applications to register its trademarks in many countries worldwide. The Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company or any of its related companies that appear on this site are the property of their respective owners. You are not permitted to and shall not register or use any trade name, trademark, logo, domain name or any other name or sign that incorporates any of the Company’s intellectual property (in whole or part) or that is confusingly similar thereto.
  5. Termination

    You may terminate your relationship with the Company at anytime. The Company may terminate your account or otherwise suspend your right to use the Service at any time, with or without cause or notice to you. Upon termination or suspension, you continue to be bound by Sections 6, 7, 8, 10 and 11 of these Terms.
  6. Warranty Disclaimer

    WE TRY TO KEEP THE ROOM SERVICE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. The Service is provided on an “as is” basis without warranty of any kind, whether express or implied.

    THE COMPANY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, WHETHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICE. THE COMPANY FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE, NOR DOES THE COMPANY WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE SERVICE.

    We take no responsibility and assume no liability for any materials that you or any other user or third party posts or transmits using our Service. You understand and agree that you may be exposed to materials that are inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you waive any rights or remedies you may have against the Company with respect thereto.

    YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY WILL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO THE COMPANY, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICE THAT IS PROVIDED FREE OF CHARGE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SERVICE IS TO IMMEDIATELY CEASE USE OF THE SERVICE.
  7. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT OF USERS OR OTHER THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.

    IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO THE RELEASE OF ANY UNKNOWN OR UNSUSPECTED CLAIMS YOU MAY HAVE AGAINST THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS.

    The Service is hosted and offered by the Company from its facilities in the United States of America. The Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
  8. Indemnity

    To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) all matters related to your use of and access to the Service; (ii) your violation of any term of these Terms; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and your use of the Service.
  9. Assignment

    These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.
  10. Arbitration

    For any dispute you have with the Company, you agree to first contact us and attempt to resolve the dispute with us informally. If the Company has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and the Company agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that the Company will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $25,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
  11. General

    You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website or application that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a court of competent jurisdiction located in San Francisco County, California for any action not subject to Section 10 (Arbitration).

    These Terms, together with the Privacy Notice at http://www.room.co/#/privacy-terms/privacy and any other legal notices published by the Company on the Service, shall constitute the entire agreement between you and the Company concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material, we will notify you, using whatever form and means of notification as we choose, including electronic notice. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Service. If the Company is unable to provide the Service as a result of a force majeure event (meaning any event beyond the control of the Company), the Company will not be in breach of any of its obligations towards you under these Terms.YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

    YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE APPLICATION OR USE THE ROOM SERVICE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO THE COMPANY THE RIGHTS SET FORTH HEREIN.