terms of service
Last Updated: September 14, 2021
These Terms of Service (“Terms“) apply to your access to and use of the websites, mobile applications, and other online products and services (collectively, the “Services“) provided by Sunroom, Inc. (“Sunroom,” “we,” “us” or “our“). By accessing or using the Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 17. If you do not agree to these Terms, do not access or use the Services.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through the Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of the Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using the Services.
If you have any questions about these Terms or the Services, please contact us at email@example.com.
You must be at least 18 years of age (or the age of legal majority where you live) to access and use the Services. If you are not, you may not access or use the Services.
User Accounts and Account Security
2. User Accounts and Account Security
You must register for an account to access and use certain features of the Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account, not share your password or other account credentials with anyone else, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
3. User Content
The Services may allow you and other users to create, post, store, and share content, including messages, text, photos, videos, and other materials (collectively, “User Content“). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Sunroom.
You grant Sunroom a nonexclusive, royalty-free, fully paid-up, worldwide license, with the right to sublicense, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and publicly perform and display your User Content in connection with the Services. The license includes the right to use any name, username, or likeness provided in connection with your User Content and may be exercised in all media formats and channels now known or later developed.
Depending on your account settings and the options you select, when you post or otherwise share User Content on or through the Services, you understand that some or all of your User Content (including associated information such as your username or profile photo) may be visible to others. The Services may also enable you to make certain User Content accessible only to specific users of the Services. For example, if you are a Creator (as defined below), you may make certain User Content accessible only to users who subscribe to your account on the Services or in exchange for Beams or other specified fees (“Premium Content“).
You represent and warrant that: (a) you have all necessary rights in your User Content to make it available through the Services and grant the license rights in these Terms; and (b) your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
Purchasing and Using Beams
4. Purchasing and Using Beams
You can pay for access to Premium Content using any payment method accepted by Sunroom (or our designated payment processor). You can pay to participate in Paid Interactions (as defined below) or can “tip” a Creator using Beams only. You can purchase Beams using your Apple Store account if you are accessing the Services on your iPhone or other Apple device or using Google Play account if you are using an Android device. You must register for a user account through the Services in order to use the Beams you purchase. If you are purchasing Beams outside of the Apple Store or Google Play, you must add a payment method to your account to enable you to make Beams purchases. Once purchased, your Beams balance will appear on all devices you use to access the Services.
Beams do not have any use outside of the Services. All purchases of Beams are final, and no refunds or returns will be given, except in the event of an unauthorized purchase. If an unauthorized purchase was made by someone else, you should go to the Apple Store for purchases made on the Apple Store or the Google Play Store for purchases made on Google Play and report the unauthorized purchase. Once you purchased Beams, such Beams cannot be converted back to real currency.
You can see your Beams balance associated with your account by navigating to the “My Profile” screen, where your Beams balance will be shown on a banner toward the bottom of the screen.
5. Content Requirements
All of your User Content must comply with these Terms. Without limiting the foregoing and any other requirements in these Terms, you may not create, post, store, or share any User Content:
- for which you are not maintaining written documentation that is sufficient to verify that all persons appearing in the User Content are eighteen (18) years of age or older;
- that is unlawful, libelous, defamatory, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any applicable laws;
- that may infringe, misappropriate, or violate any copyright, patent, trademark, trade secret, or other intellectual or proprietary right of any party;
- that contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
- that impersonates, or misrepresents your affiliation with, any person or entity;
- that contains any unsolicited promotions, political campaigning, advertising or solicitations;
- that contains any private or personal information of a third party without such third party’s consent;
- that contains any viruses, corrupted data, or other harmful, disruptive or destructive files or content; or
- that, in our sole judgment, is objectionable, has the potential to normalize violence, restricts or inhibits any other person from using or enjoying the Services, or may expose Sunroom or others to any harm or liability of any kind.
If any of your User Content is deemed to be sensitive and inappropriate for persons under 18 years of age (“Sensitive Content“), you must: (a) label your account as containing Sensitive Content; and (b) label all of your Sensitive Content using the applicable tools available through the Services. You may not post or share any Sensitive Content on highly visible areas of the Services, such as in your profile picture, account bio, or cover images or in the first portions of any of your posts on the Services that are visible to all users of the Services.
6. Prohibited Conduct
You will not violate any applicable laws, contracts, intellectual property rights or other third-party rights, or commit a tort in connection with your access to and use of the Services. You are solely responsible for your conduct while using the Services and will not:
- engage in any harassing, threatening, intimidating, predatory, stalking, or abusive conduct;
- use or attempt to use another user’s account without authorization from that user and Sunroom;
- impersonate or post on behalf of any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- sell, resell, or commercially use the Services, except as expressly permitted by these Terms;
- copy, reproduce, distribute, publicly perform, or publicly display all or any portions of the Services, except as expressly permitted by us or our licensors;
- modify the Services, remove any proprietary rights notices or markings on the Services, or otherwise make any derivative works based upon the Services;
- use the Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
- reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Services;
- use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from the Services;
- develop or use any applications that interact with the Services without our prior written consent;
- send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
- bypass or ignore instructions contained in our robots.txt file; or
- use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
Creators on the Services
7. Creators on the Services
We take steps to verify the identity and age of each creator on the Services (each, a “Creator“). If you wish to become a Creator, you may be asked to complete an application through the Services, to verify your identity and age, and to provide us with certain documentation as we may reasonably request.
If you become a Creator, the following terms also will apply to your access to and use of the Services as a Creator:
- Sharing User Content. Creators may make User Content accessible to other users through the Services. Each Creator acknowledges that, if their User Content does not constitute Premium Content, such User Content may be visible to all users of the Services.
- Making Premium Content Accessible. If a Creator wishes to make Premium Content accessible through the Services, a Creator must identify the type of Premium Content that they will make accessible. Such Premium Content will be made accessible to all users of the Services who subscribe to the Creator’s account on the Services or who otherwise purchase specific access to such Premium Content through the Services.
- Paid Interactions. The Services enable Creators to make certain User Content accessible to users in exchange for Beams, such as stories, messages, custom photos, custom videos, custom voice notes, voice calls, and video calls (“Paid Interactions”). Creators may select whether to make Paid Interactions available through the Services and, if so, can adjust their account settings to indicate the categories of Paid Interactions that users may request from them and the payment amount for each category of Paid Interactions. Creators are not required to engage in Paid Interactions. However, once a Creator accepts a request for a Paid Interaction through the Services, the Creator must provide the Paid Interaction with an appropriate level of quality and professionalism.
- Creator Commissions. Each Creator earns from Sunroom certain monetary commissions or rewards based on the total amount of Beams collected for their interactions with other users on the Services, such as for their Paid Interactions and as “tips” received from other users of the Services (“Creator Commissions”). Creator Commissions represent a share of the revenue that Sunroom receives from such Beams and are calculated by Sunroom based on a standard formula(s) that is used to calculate all Creator Commissions paid by Sunroom to Creators on the Services.
- Creator Commissions Payment Terms. We will pay you the earned Creator Commissions every 60 days, on the 1st day of every 2nd month. You must provide us with the necessary payment details and tax information (e.g., a bank account information) where you wish to receive your Creator Commissions at the time you register as a Creator. While we will endeavor to pay your earned Creator Commissions promptly, you may occasionally experience delays in receiving the funds. We may withhold any applicable taxes and fees associated with the payment of your Creator Commissions. In addition, we may hold payments for violations of these Terms or our policies or for compliance reasons, including collecting tax issues. When payments are delayed or held, we try to communicate the reason to you promptly. Your Creator Commissions can only be paid to you and, by providing payment details, you represent and warrant that the you are the rightful holder of the bank account to which your Creator Commissions will be transferred.
Ownership; Limited License
8. Ownership; Limited License
The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, are owned by Sunroom or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Services. Unless you are a Creator, this license is only for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
The Sunroom name and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Sunroom and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Sunroom or the Services (collectively, “Feedback“). You understand that we may use Feedback for any purpose, commercial or otherwise, without any acknowledgment or compensation to you, including to develop, copy, publish, and improve the Feedback in Sunroom’s sole discretion. You understand that Sunroom may treat Feedback as nonconfidential.
Repeat Infringer Policy; Copyright Complaints
11. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on the Services infringes any copyright that you own or control, you may notify our designated agent as follows:
Designated Agent: Copyright Agent
Address: 65 South 11th Street
Brooklyn, NY 11249
Telephone Number: 631-572-7842
E-Mail Address: firstname.lastname@example.org
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on the Services is infringing, you may be liable to Sunroom for certain costs and damages.
12. Third-Party Content
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services. We do not warrant or endorse, and will have no responsibility with respect to: (a) products or services that you have been offered or that you obtain from a third party that relate to the Services, even if accessed through a hyperlink or other method using the Services; (b) any third-party data, information, content, or other materials posted or otherwise made available through the Services, including any third-party advertisements; or (c) any data or other information you may provide to any third party.
To the fullest extent permitted by applicable laws, you will indemnify, defend, and hold harmless Sunroom and our officers, directors, agents, partners and employees (individually and collectively, the “Sunroom Parties“) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims“) arising out of or related to: (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify the Sunroom Parties of any third-party Claims, cooperate with Sunroom Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including reasonable attorneys’ fees). You also agree that the Sunroom Parties will have control of the defense or settlement, at Sunroom’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Sunroom or the other Sunroom Parties.
Your use of the Services is at your sole risk. Except as otherwise provided in a writing by us, the Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Sunroom does not represent or warrant that the Services are accurate, complete, reliable, current or error-free. While Sunroom attempts to make your use of the Services and any content therein safe, we cannot and do not represent or warrant that the Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
- Limitation of Liability
- To the fullest extent permitted by applicable laws, Sunroom and the other Sunroom Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Sunroom or the other Sunroom Parties have been advised of the possibility of such damages.
- The total liability of Sunroom and the other Sunroom Parties for any claim arising out of or relating to these Terms or the Services, regardless of the form of the action, is limited to the greater of USD$100 or the amount paid by you to access and use the Services in the twelve (12) months preceding the event that gave rise to the claim.
- The limitations set forth in this Section 15 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Sunroom or the other Sunroom Parties or for any other matters in which liability cannot be excluded or limited under applicable laws. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable laws, you release Sunroom and the other Sunroom Parties from responsibility, liability, claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties, including as they may relate to Third-Party Materials or third-party content. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Dispute Resolution; Binding Arbitration
16. Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Sunroom and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
- No Representative Actions. You and Sunroom agree that any dispute arising out of or related to these Terms or the Services is personal to you and Sunroom and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action, or any other type of representative proceeding.
- Arbitration of Disputes. Except for small claims disputes in which you or Sunroom seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Sunroom seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Sunroom waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or the Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against Sunroom you agree to first contact Sunroom and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Sunroom by email at [insert email address] or by certified mail addressed to [insert mailing address]. The Notice must: (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Dispute; and (iii) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Sunroom cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration. Arbitration proceedings will be held in [New York, New York] unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 17, a “consumer” means a person using the Services for personal, family or household purposes. You and Sunroom agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
- You and Sunroom agree that these Terms affect interstate commerce and that the enforceability of this Section 17 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable laws. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
- The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Sunroom, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
- You and Sunroom agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Sunroom will pay the remaining JAMS fees and costs. For any arbitration initiated by Sunroom, Sunroom will pay all JAMS fees and costs. You and Sunroom agree that the state or federal courts of the State of [New York] and the United States sitting in [New York, New York] have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
- Any Dispute must be filed within one (1) year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Sunroom will not have the right to assert the claim.
- You have the right to opt out of binding arbitration within thirty (30) days after the date you first accepted the terms of this Section 17 by sending your notice of opting out by email to [insert email address]. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 18.
- If any portion of this Section 17 is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 17 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 17; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 17 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 17 will be enforceable.
Governing Law and Venue
17. Governing Law and Venue
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of [New York], except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of [New York] or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of [New York] and the United States, respectively, sitting in [New York, New York].
Transfer and Processing Data
18. Transfer and Processing Data
In order for us to provide the Services, you agree that we may process, transfer, and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
Modifying and Terminating the Services
19. Modifying and Terminating the Services
We reserve the right to modify the Services or to suspend or stop providing all or portions of the Services at any time. You also have the right to stop using the Services at any time. We are not responsible for any loss or harm related to your inability to access or use the Services.
In these terms, the terms “including” and “include” will mean “including but not limited to” and references to a “Section” will mean a section of these Terms, unless otherwise expressly stated. All section titles in these Terms are for convenience only and have no legal or contractual effect.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
22. Additional Terms
We may provide different or additional terms with respect to some of the Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control to the extent of such conflict.
The failure of Sunroom to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services and other products and services necessary to access and use the Services.
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