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About
Our Site:
Vextura, LLC
and its affiliates, successors, parents, subsidiaries, assigns, licensees, and
designates (collectively and individually "Vextura" )
provide you access to the MyRoomSpace.com web site (the
"Site" ) subject to the terms and conditions of use set forth below (the "Terms
of Use" ). MyRoomSpace.com offers certain services via
the Site, including, without limitation, roommate matching services (the
"Services" ). You agree to read the Terms of Use carefully before using the
Site or the Services. By using the Site and the Services, you agree to abide by
the Terms of Use, as follows:
1.
MEMBERSHIP & SUBSCRIPTION
1.
Pricing.
You may become a Member of MyRoomSpace.com at no cost.
For purposes of this Agreement the term "Member or Membership" includes all
paying Subscribers, unless where its usage indicates otherwise. As a Member,
you will have the ability to participate in some, but not all, of the features
and services available within the Service. In order to access all features and
services, you must become a paying Subscriber to the service. The cost to
upgrade for 15 days is $4.99, and the cost to upgrade for 30 days is $9.99.
2.
Term.
This Agreement will remain in full force and effect while you use the website
MyRoomSpace.com and/or are a Member. You may terminate your
Membership and/or Subscription at any time, for any reason, by following the
instructions on the
Cancel
Billing
link on the
Edit Your
Profile
page. If you terminate your Subscription, your Membership will remain active
until the end of your Subscription term.
MyRoomSpace.com may terminate your Membership and/or
Subscription by sending notice to you at the email address you provide. If
MyRoomSpace.com terminates your Membership or Subscription in the
Service because you have breached this Agreement, you will not be entitled to
any refund of unused Subscription fees. All decisions regarding the
termination of accounts shall be made in the sole discretion of MyRoomSpace.com.
MyRoomSpace.com is not required to provide you notice
prior to terminating your Membership and/or Subscription. MyRoomSpace.com
is not required, and may be prohibited, from disclosing a reason for the
termination of your account. Even after your Membership or Subscription is
terminated, this Agreement will remain in effect. All terms that by their
nature may survive termination of this Agreement shall be deemed to survive
such termination. From time to time, MyRoomSpace.com may
remove the profiles of non-subscribers.
3.
Charges on Your Billing Account.
Vextura bills you through an online account for use of
the service. You agree to pay Vextura all charges at the
prices then in effect for any use of the service by you or other persons
(including your agents), and you authorize Vextura to
charge your chosen payment provider (your "Payment Method") for the Service.
You agree to make payment using that selected Payment Method. MyRoomSpace.com
reserves the right to correct any errors or mistakes that it makes even if it
has already requested or received payment.
One Day Trial. If you have Subscribed to a One Day Trial, your
Membership will be automatically upgraded to a full Platinum Membership (please
see Subscribe for a description of the current Subscription plans)
unless you cancel your upgrade within twenty-four (24) hours of Subscribing to
the One Day Trial. To cancel the upgrade and avoid being charged a full
Platinum Membership Subscription fee, please refer to Cancel Billing.
Continuous Service/Recurring Membership Fees. Upon Subscribing, you have
the option of selecting a Membership plan that consists of an initial period,
for which there is a one time charge, followed by recurring period charges as
agreed to by you. By entering into this Agreement, you acknowledge that your
Subscription has an initial and recurring payment feature and you accept
responsibility for all recurring charges prior to cancellation. VEXTURA
MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM
YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY
MYROOMSPACE.COM) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH
TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED
BEFORE MYROOMSPACE.COM REASONABLY COULD ACT. To cancel
your recurring Membership, please refer to Cancel Billing. Recurring
Membership rates apply to credit/debit card payments and Electronic Fund
Transfer payments. All amounts are billed in U.S. dollars at the beginning of
each renewal period and will appear on your credit card statement as
MyRoomSpace.com or Vextura LLC.
Cancel
Billing.
To cancel the upgrade of your One Day Trial to full Platinum Membership (please
see Subscribe for a description of the current Subscription plans) or to
cancel your recurring Membership at any time, please go to Edit Your Profile
and select Cancel Billing. If you cancel your upgrade or renewal,
you will still enjoy all your Membership benefits until the end of your paid
term; your trial will not be upgraded or your Membership will not be renewed
after your term expires. Please remember that by canceling your upgrade or
renewal, you will not be eligible for any refund of fees you have already paid
for your current trial or Membership.
Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND
ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL
INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH
AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION
DATE), AND YOU MUST PROMPTLY NOTIFY MYROOMSPACE.COM IF
YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME
AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR
USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE ON EDIT
YOUR PROFILE PAGE. IF YOU FAIL TO PROVIDE MYROOMSPACE.COM
ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT MYROOMSPACE.COM
MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT
UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU
IN WRITING UPON REQUEST BY MYROOMSPACE.COM).
Payment Method. The terms of your payment will be based on your Payment
Method and may be determined by agreements between you and the financial
institution, credit card issuer or other provider of your chosen Payment Method
(the "Payment Method Provider"). If MyRoomSpace.com does
not receive payment from your Payment Method Provider, you agree to pay all
amounts due on your Billing Account upon demand.
Change in Amount Authorized. If the amount to be charged to your billing
account varies from the amount you preauthorized (other than due to the
imposition or change in the amount of state sales taxes), you have the right to
receive, and MyRoomSpace.com shall provide, notice of the
amount to be charged and the date of the charge at least 10 days before the
scheduled date of the transaction. Any agreement you have with your payment
method provider will govern your use of your payment method. You agree that
MyRoomSpace.com may accumulate charges incurred and submit them as
one or more aggregate charges during or at the end of each billing cycle.
Reaffirmation of Authorization. Your non-termination or continued use of
the service reaffirms that MyRoomSpace.com is authorized
to charge your payment method. MyRoomSpace.com may submit
those charges for payment and you will be responsible for such charges. This
does not waive MyRoomSpace.com's right to seek payment directly from you. Your
charges may be payable in advance, in arrears, per usage, or as otherwise
described when you initially subscribed to the service.
2.
CONTENT GUIDELINES/PROHIBITED USE
MyRoomSpace.com
web sites include a number of communication facilities designed to enable you
to share your thoughts and opinions with other members of the public your
publicly posted information. Since MyRoomSpace.com firmly
believes in the value of free and open exchanges, it makes no effort and is
under no obligation to monitor, pre-screen, or otherwise censor your thoughts
and opinions. Therefore, MyRoomSpace.com cannot be
responsible for the appropriateness, accuracy, sufficiency, correctness,
veracity, completeness, or timeliness of such thoughts and opinions. Always use
caution when posting any personally identifying information about yourself or
your children on any of the MyRoomSpace.com web sites.
You
promise that you will not use the MyRoomSpace.com web
sites to:
-
post, upload or otherwise transmit any content not related to appropriate
subject matters;
-
post, upload or otherwise transmit any content which is misleading to others,
including consumers;
-
post, upload or otherwise transmit any content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
-
violates the privacy of individuals, including other users of the sites;
-
post, upload or otherwise transmit any content that you do not have a right to
post and transmit under any law or under contractual relationships;
-
is obscene, fraudulent, indecent, discourteous, racially offensive, or abusive;
-
contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other
disabling devices or other harmful component intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data or
personal information;
-
infringes upon the copyright, patent, trademark, trade secret, publicity right
or other intellectual property or proprietary right of any third party;
-
advocates or encourages any illegal activity; or
-
intentionally or unintentionally violate any applicable local, state, national
or international law, or any regulations having the force of law, including the
Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities
Act, and the Equal Credit Opportunity Act.
Vextura
in its sole discretion shall determine your compliance with the foregoing
guidelines and reserves the right to delete from the sites without prior notice
any material that it deems to be non-complying or otherwise objectionable for
any reason. Vextura may take any action with respect to
the Material if Vextura believes, in its sole discretion,
that the Material may create liability for itself or any third parties or may
cause Vextura to lose (in whole or in part) the services
of its ISPs, vendors or advertisers.
By
posting content to the MyRoomSpace.com Web Sites, you
grant MyRoomSpace.com a non-exclusive license to (i)
host, use, reproduce, modify, distribute, transmit, combine with information
provided by third parties, and publicly display such content on and through web
sites controlled by MyRoomSpace.com, including but not
limited to the MyRoomSpace.com Web Sites, and co-branded
or mirrored versions of such sites, and in MyRoomSpace.com
's promotional or advertising materials, and (ii) sublicense to third parties
such content to the extent necessary for the creation and maintenance of, in
part or in whole, such sites.
You
acknowledge that while MyRoomSpace.com does not
pre-screen content posted by you to the MyRoomSpace.com web
sites, MyRoomSpace.com and its designees shall have the
right (but not the obligation) in their sole discretion to refuse or remove any
content that is posted by you or any other party to the MyRoomSpace.com
web sites. Without limiting the foregoing, MyRoomSpace.com
and its designees shall have the right to remove any content that violates this
Agreement or is otherwise objectionable, and to terminate your access to any or
all of the MyRoomSpace.com web sites at any time without
notice for any reason whatsoever. You agree that you must evaluate, and bear
all risks associated with, the use of any content you post to the MyRoomSpace.com
Web Sites, including any reliance on the accuracy, completeness, or usefulness
of such content.
Other
Restrictions on Use. You shall comply with all laws and regulations applicable
to your use of the Services, the Sites, and the Material. You are not permitted
to use Vextura's name, URL, trademarks or other material in any manner,
including, without limitation, in connection with "spam" email messages or
newsgroup postings. For the purposes of these Terms of Use, "spam" has the
meaning generally understood among Internet users, and includes without
limitation unsolicited electronic mail advertisements. You may not impose an
unreasonable or disproportionately large load (as determined by us in light of
the load imposed by other users generally) on Vextura's infrastructure. You may
not use any "bot" or other automated repetitive or iterative mechanism or the
like to gain any sort of benefit from Vextura or any of
its business affiliates.
A
$20,000 advertising surcharge will be billed to any individual or roommate
service provider; including but not limited to employees, affiliates,
consultants or partners of roommate service providers that subscribes to, lists
or references a competing roommate service provider in their profile on
MyRoomSpace.com or any of its affiliates without prior written
approval from MyRoomSpace.com.
MyRoomSpace.com
reserves the right at all times to disclose any information as necessary to
satisfy any applicable law, regulation, legal process or governmental request.
By
posting, uploading, inputting, providing or submitting content to the
MyRoomSpace.com web sites, you warrant and represent that you own or
otherwise control all of the rights to such content including, without
limitation, all the rights necessary for you to provide, post, upload, input or
submit such content.
3.
LINKS TO THIRD PARTY SITES
Any
third-party sites to which the Sites may link are not under Vextura's control,
and Vextura does not assume any responsibility or
liability for any information, content, communications or materials available
on such third-party sites. Absent express language to the contrary, Vextura
does not intend links contained on the Sites to be referrals to, or
endorsements of, the linked third-party sites or the entities that operate
them, and such links are provided for convenience only.
4.
DISCLAIMER & LIMITATION OF LIABILITY
THE
SERVICES, INFORMATION, CONTENT, OR OTHER DATA OF ANY KIND OR NATURE MADE
AVAILABLE AT THE SITES (COLLECTIVELY, "INFORMATION") ARE PROVIDED "AS IS", AND
ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED ARE DISCLAIMED,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. VEXTURA
MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE,
ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITES OR THE INFORMATION OR THAT
THE INFORMATION MAY BE RELIED UPON FOR ANY REASON. VEXTURA
MAKES NO WARRANTY, REPRESENTATION OR GUARANTY THAT USE OF THE SITES, THE
SERVICES OR THE INFORMATION WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR
ERROR-FREE OR THAT ANY DEFECTS CAN BE CORRECTED. VEXTURA DOES
NOT SCREEN OR ENDORSE ANY ROOMMATES WHO LIST ON THE SITES, AND MAKES NO
REPRESENTATIONS AS TO INDIVIDUAL CHARACTER, CREDIT WORTHINESS, RENTAL HISTORY
OR ABILITY TO PAY RENT, OR CONTENT OF LISTINGS POSTED ON THE SITES BY
INDIVIDUALS SEEKING ROOMMATES. NO ONE IS UNDER ANY OBLIGATION TO USE THIS
SERVICE AS A ROOMMATE, AND VEXTURA CANNOT BE HELD
RESPONSIBLE FOR ANY EVENTS THAT TRANSPIRE THROUGH USE OF OUR SERVICES. IT IS
EACH USER'S RESPONSIBILITY TO DETERMINE THE CHARACTER AND ACCEPTABILITY OF ANY
PROSPECTIVE ROOMMATE, OFFICE MATE OR TENANT. VEXTURA IS
NOT AND WILL NOT BE HELD RESPONSIBLE FOR ADVERSE CONSEQUENCES ARISING OUT OF
CONTACTING OR MAKING ASSOCIATIONS WITH USERS OF THE SITES. ALL INFORMATION IS
SUBMITTED VOLUNTARILY AND THIS INFORMATION WILL BE MADE AVAILABLE TO THE
PUBLIC. ALL RISKS FOR MAKING THIS INFORMATION AVAILABLE WILL BE BORNE BY YOU,
THE USER. IF A DISPUTE SHOULD ARISE BETWEEN YOURSELF AND ANOTHER USER YOU
RELEASE VEXTURA FROM ANY CLAIMS OR DAMAGES (ACTUAL OR
CONSEQUENTIAL) OF EVERY KIND, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED,
DISCLOSED AND UNDISCLOSED ARISING FROM SUCH A DISPUTE. WITHOUT LIMITING THE
FOREGOING PROVISIONS OF THIS SECTION 5, VEXTURA SHALL
HAVE NO LIABILITY FOR:
-any
loss or injury caused, in whole or in part, by its actions, omissions, or
negligence, or for contingencies beyond its control, in procuring, compiling,
or delivering the Information, the Sites or the Services;
-any
errors, omissions, or inaccuracies in the Information regardless of how caused,
or delays or interruptions in delivery of the Information;
-any
decision made or action taken or not taken in reliance upon the Information
furnished hereunder;
-any
losses or damages whatsoever, whether in contract, tort or otherwise, from the
use of, or reliance on, the Information, or from the use by you of the Internet
generally;
-any
special or consequential damages that are directly or indirectly related to the
use of, or the inability to use, the Services or the Sites, even if Vextura
has been advised of the possibility of such damages; or
-any
lost profits or special, incidental or consequential damages (no matter how
they might arise, including from Vextura's negligence) arising out of or in
connection with the Information, the Services, the Sites or the Terms of Use.
Notwithstanding
any provision of these Terms of Use to the contrary, Vextura's total liability
to you is limited to $100. Some states do not allow the foregoing limitations
of liability, so they may not apply to you. Some states do not allow the
disclaimer of implied warranties, so the foregoing disclaimer may not apply to
you. This warranty gives you specific legal rights and you also may have other
legal rights which vary from state to state.
5.
PRIVACY & COMMUNICATION TO THE SITES
Any
communication, information or other material you transmit or post to the Sites,
by electronic mail or otherwise (other than personally identifiable information
about you), including any answers to questions, comments, suggestions, or other
data supplied by you is, and will be treated as, non-confidential and
non-proprietary. You hereby grant to Vextura a
non-exclusive, worldwide, perpetual fully paid-up license to use any such
communication, information or material for any purpose, including, but not
limited to, reproduction, disclosure, transmission, publication, distribution,
advertising, marketing, promotion, research, broadcast, display, modification,
syndication, licensing and posting. Vextura's use of personally identifiable
information, as well as Vextura's use of cookies and other tracking methods, is
governed by the terms of Vextura's Privacy Policy. By accepting the Terms of
Use, you expressly consent to disclosures of such personally identifiable and
other personal information to third parties, and to Vextura's use of your
information, as enumerated in Vextura's then-current privacy policy, which is
incorporated herein by reference. Because Vextura's Privacy Policy may change
from time to time, you should also review it regularly for updates.
6.
PROFILE SHARING OPT-OUT
In an effort
to bring you the largest roommate selection, MyRoomSpace.com
will share your profile with select roommate affiliates. Partner sites may post
your MyRoomSpace.com profile in order to further
advertise your listing. No contact or billing information is ever shared.
Yes, select affiliates may
post this profile.
7.
REPRESENTATIONS & WARRANTIES
You
represent and warrant that:
-you
have full right and power to enter into and perform these Terms of Use, and
have secured all third party consents necessary to enter into these Terms of
Use;
-all
factual assertions that you have made and will make to Vextura
are true and complete; and
-you
are of the age of majority, have the right to enter into legally binding
agreements, and have the full and complete right to agree to the Terms of Use.
8.
TERMINATION
Vextura
reserves the right to terminate this Agreement immediately and without notice
for any or no cause, at any time. Without limiting the preceding sentence,
Vextura may terminate your use of the Services or access to the
Sites immediately and without notice if: (a) you breach the Terms of Use; (b)
you infringe the intellectual property rights of a third party in connection
with the Services; (c) Vextura is unable to verify or
authenticate any information you provide to it, or (d) any material uploaded or
transmitted by you to the Sites violates any applicable laws or rights of any
third party.
9.
GOVERNING LAW, JURISDICTION & DISPUTE RESOLUTION
The
Terms of Use shall be governed by and construed in accordance with the laws of
the State of
New
York
, without regard to conflict of laws principles. You and
Vextura agree that any and all disputes arising out of or related to
the Terms of Use shall be subject to the exclusive jurisdiction and venue of
the state and federal courts located in
New York
County
.
10.
CHANGES TO THE SERVICES & THE SITES
Vextura
reserves the right to change, suspend or discontinue any aspect of the services
or the Sites at any time, including the availability of any features, databases
or content. Vextura will attempt to provide reasonable
notice of such changes to the Services or the Sites. Vextura
may also impose limits on features or restrict access to parts of the Sites.
11.
MODIFICATIONS TO THE TERMS OF USE
Vextura
may amend these Terms of Use at any time by posting amended Terms of Use to the
Sites. The amended Terms of Use shall be effective immediately upon posting to
the Sites. Vextura therefore encourages you to review
these Terms of Use frequently.
12.
UNLAWFUL CONTACT
Notifications
of any unlawful conduct, including, without limitation, copyright or other
intellectual property infringement should be sent to Vextura's Designated Agent
listed below.
13.
MISCELLANEOUS
Your
sole remedy for any breach of these Terms of Use by Vextura
shall be an action at law for money damages, if any. In no event shall you be
entitled to injunctive or other equitable relief based on any act or omission
of Vextura, or any breach of these Terms of Use by
Vextura. These Terms of Use constitute the entire understanding of
you and Vextura with respect to the subject matter
hereof. There are no understandings, agreements, conditions or representations,
oral or written, express or implied, with reference to the subject matter
hereof that are not merged herein, expressly referenced herein, or superseded
hereby. Nothing contained in these Terms of Use shall be construed as creating
any agency, partnership, joint venture or other form of joint enterprise
between you and Vextura. The provisions of these Terms of
Use are independent of each other and the invalidity of any provision or a
portion thereof shall not affect the validity or enforceability of any other
provision. In the event that any particular provision is found to be invalid or
unenforceable, such provision shall be deemed to have been replaced.
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