Room8 Button Terms of Service
Room8 is a product and tool that helps you communicate with others for convenience and safety. These Terms of Service (“Terms”) apply to your access and use of the Room8Button, which is provided to you by 8 Golden Dragons, Inc. The “Room8 Service” includes our devices including associated firmware, applications, software, websites, APIs, products, and services. Room8 and its affiliates are referred to as “Room8,” “we,” “us,” or “our” in these Terms.
You must accept these Terms to create a Room8 account and to access or use the Room8 Service. If you do not have an account, you accept these Terms by using any part of the Room8 Service. If you do not accept these terms, do not create an account or use the Room8 Service.
2. USE OF THE ROOM8 SERVICE
You may only connect to the Room8 Service using (i) a device that is manufactured, distributed, or sold by Room8 itself or through its authorized resellers or agents; (ii) our mobile applications and software, or approved third-party applications, software, or devices; or (iii) our websites (“Authorized Connections”). You may not connect to the Room8 Service with any device that is not manufactured, distributed, or sold by Room8 itself or through its authorized resellers or agents (such as a knock off or counterfeit version of a Room8 device); otherwise intends to resemble or purports to be a Room8 device; or any unauthorized application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Room8 Service. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact firstname.lastname@example.org.
3. CREATING AN ACCOUNT
Full use of the Room8 Service requires that you create an account by providing us with information such as your full name and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. Room8 is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact email@example.com if you discover or suspect any security breach related to the Room8 Service or your account.
4. NECESSARY EQUIPMENT
Full use of the Room8 Service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Room8 Service and it is your responsibility to ensure the equipment’s functionality.
5. ROOM8’S RIGHTS
“Room8 Content” includes any photos, images, graphics, video, audio, data, text, music, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Room8Service. Room8 Content, the Room8 Service, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Room8 Service. Our logos and any other Room8 trademarks that may appear on the Room8 Service, and the overall look and feel of the Room8 Service, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the Room8 Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
6. WHAT YOU CAN DO ON THE ROOM8 SERVICE
The Room8 Service is intended for your personal, non-commercial use.
Room8 grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the Room8Service, (2) access and view the Room8 Content, (3) access and use the software and mobile applications provided by the Room8 Service, and (4) use the software that is embedded into Room8 devices as authorized in these Terms. This license is provided solely for your personal, non-commercial use and enjoyment of the Room8 Service as permitted in these Terms.
You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Room8 Content, Room8 Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Room8 or its licensors, except for the licenses and rights expressly granted in these Terms.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Room8 Service: (1) use, display, mirror, or frame the Room8 Service or any individual element within the Room8 Service, including the layout and design of any page, without Room8’s express written consent; (2) use Room8’s name, any Room8trademark or logo, or any Room8 proprietary information without Room8’s express written consent; (3) access or tamper with non-public areas of the Room8 Service, Room8’s computer systems, or the technical delivery systems of Room8’s providers; (4) test the vulnerability of any Room8 system or breach any security or authentication measures; (5) circumvent any technological measure implemented by Room8 or any of Room8’s providers or any other third party (including another user) to protect the Room8 Service; (6) access the Room8 Service or Room8 Content through the use of any mechanism other than through the use of an Authorized Connection, Room8 Service, or Room8 API; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that Room8 provides to you or any other part of the Room8 Service.
You are granted a limited, nonexclusive, and nontransferable right to create a text hyperlink to the Room8 Service for noncommercial purposes, provided that such link does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time in Room8’s sole discretion.
8. OUR ENFORCEMENT RIGHTS
We are not obligated to monitor access or use of the Room8 Service, Room8 Content, or Your Content or to review or edit any Room8Content or Your Content, but we have the right to do so for the purpose of operating the Room8 Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities and, pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law.
We reserve the right (but are not required) to remove or disable access to the Room8 Service, any Room8 Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Room8 Content, Your Content, or your use of the Room8 Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Room8 Service, and in response may take any action we may deem appropriate.
9. USE THE ROOM8 SERVICE AT YOUR OWN RISK
If you rely on any Room8 Content or the Room8 Service, you do so solely at your own risk.
Our goal is to provide convenient communication on the Room8Service, but we make no endorsement, representation, or warranty of any kind about any Room8 Content, information, or services. The communication provided by the Room8 Service is not intended to match that of emergency medical services.
Use of the Room8 Service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your use of the Room8 Service.
10. DMCA/COPYRIGHT POLICY
Room8 respects the intellectual property of others and expects its users to do the same. It is Room8’s policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders.
11. ALERTS AND NOTIFICATIONS
As part of your use of the Room8 Service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the Room8 Service by using your account settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
12. THIRD-PARTY SERVICES
13. CHANGES TO THE ROOM8 SERVICE
Room8 may change or discontinue, temporarily or permanently, any feature or component of the Room8 Service at any time without notice. Room8 is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of the Room8 Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Room8 products without prior notice to you.
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Room8 Service, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove Your Content and other information related to your account. You may close your account at any time by contacting firstname.lastname@example.org
THE ROOM8 SERVICE AND ROOM8 CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE ROOM8 SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Room8 Service or Room8Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Room8 Service or any Room8 Content.
You will indemnify and hold harmless Room8 or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Room8Service, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
17. LIMITATION OF LIABILITY
NEITHER ROOM8, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE ROOM8 SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE ROOM8 SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ROOM8 HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL ROOM8’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE ROOM8 SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO ROOM8 FOR USE OF THE ROOM8SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ROOM8, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ROOM8 AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
18. DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You agree that any dispute between you and Room8 arising out of or relating to these Terms of Service, the Room8 Service, or any other Room8 products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: Except as otherwise required by applicable law, the Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Room8, you agree to try to resolve the Dispute informally by contacting info@Room8.com. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Room8 may bring a formal proceeding.
We Both Agree To Arbitrate: You and Room8 agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting info@Room8.com within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Francisco, California, or any other location we agree to.
Arbitration Fees: The AAA rules will govern payment of all arbitration fees. Room8 will pay all arbitration fees for claims less than $75,000. Room8 will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate: Either you or Room8 may assert claims, if they qualify, in small claims court in San Francisco (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Room8 products or Room8 Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: You may only resolve Disputes with Room8 on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.
Judicial Forum for Disputes: Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Room8 agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Francisco County, California. Both you and Room8consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Room8 products or Room8 Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
19. GENERAL TERMS
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Room8 and you regarding the Room8 Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Room8 and you regarding the Room8 Service and Room8 Content.
We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the Room8 Service. When you use the Room8 Service after a modification becomes effective, you are telling us that you accept the modified Terms.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without Room8’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Room8 may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by Room8 under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to the Room8 Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Room8’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Room8. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
20. ADDITIONAL TERMS MAY APPLY
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.