RoomSpook Terms of Service

 

Last update: 08/23/2020

 

This Terms of Service Agreement (“Agreement”) is between “you / your” and RoomSpook LLC, having a principal place of business in Delaware, USA (“RoomSpook”). By visiting or using the Site you expressly agree to be bound by this Agreement and all applicable laws and regulations governing the Site. RoomSpook reserves the right to change these Terms at any time. All changes will be effective immediately upon their posting on the Site. Please read and review these Terms carefully.

 

Definitions

 

“Agreement” is defined as the Terms of Service as set forth herein for use of the Site.

“Content” is defined as an information on the Site that is not Data.

“Data” is defined as any output from the Site relating to an event such as, but not limited to: attempted suicide, suicide, assault, death by natural causes, murder, bed bugs, communicable diseases, shot by police, rape at a particular location.

“Site” is defined as the website at RoomSpook.com.

 

Non-exclusive License and Permitted Use

 

The Data provided by the Site at a particular location via one time search or subscription is non-exclusively licensed to you for your own non-commercial use. The license is royalty free, non-transferable and revocable license to use the Data for personal use only. RoomSpook retains ownership of the Data, all copyrights in the data, and all other rights not specifically given to you in this license. You may not copy, download, publish, transfer, modify, or otherwise distribute Data or Content on the Site, or Data or Content that is delivered to you including by email, for any commercial use, or for any purpose other than as described in these Terms. The Content and Data are the copyrighted ownership of RoomSpook. You cannot automate, script, scrape, or otherwise take Data  or Content from the Site, or Data or Content contained in an email from the Site, in any way, including in an automated way, for any purpose. Use of the Site is void where prohibited.

 

RESOLUTION OF DISPUTES BY ARBITRATION

 

PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY.  THIS SECTION CONTAINS IMPORTANT INFORMATION REGARDING youR USE OF THIS SITE AND THE SERVICES RELATED THERETO. IT PROVIDES THAT EITHER you OR COMPANY CAN REQUIRE THAT ANY DISPUTES BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, THE DISPUTE IS SUBMITTED TO A NEUTRAL PARTY, AN ARBITRATOR, INSTEAD OF A JUDGE OR JURY. 

 

Agreement to Arbitrate Disputes

 

Either party may elect, without the other’s consent, to require that any dispute between us, or concerning your use of the Site, except those disputes specifically excluded below, be resolved by binding arbitration.

 

Disputes Covered by Arbitration

 

Any claim or dispute relating to or arising out of your use of the Site, this Agreement, or our relationship will be subject to arbitration. All disputes are subject to arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. Disputes include any unresolved claims concerning any services relating to this Site.  Disputes include not only claims made directly by you, but also made by anyone connected with you or claiming through you, such as a joint account owner, account beneficiary, employee, representative, agent, family member, acquaintance, predecessor or successor, heir, assignee, or trustee in bankruptcy. Disputes include not only claims that relate directly to the owners of this Site, but also its parent, affiliates, successors, assignees, employees, and agents and claims for which we may be directly or indirectly liable, even if we are not properly named at the time the claim is made. Disputes include claims based on any theory of law, contract, statute, regulation, tort (including fraud or any intentional tort), or any other legal or equitable ground, and include claims made as counterclaims, cross-claims, third party claims, interpleaders or otherwise. A party who initiates a proceeding in court may elect arbitration with respect to any dispute advanced in that proceeding by any other party. Disputes include claims made as part of a class action or other representative action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class, non-representative) basis. Disputes also include claims relating to the enforceability or interpretation of any of these arbitration provisions. Any questions about whether disputes are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced.

 

Disputes Excluded from Arbitration

 

Disputes filed by you or by RoomSpook in a small claims court are not subject to arbitration, so long as the disputes remain in such court and advance only an individual claim for relief.

 

Commencing an Arbitration

 

The party filing an arbitration must choose one of the following neutral arbitration forums and follow its rules and procedures for initiating and pursuing an arbitration: American Arbitration Association or JAMS. If you initiate the arbitration, you must notify us in writing by contacting RoomSpook via the Site. If Company initiates the arbitration, it will notify you in writing at your last known address on file. You may obtain a copy of the arbitration rules for these forums, as well as additional information about initiating an arbitration by contacting these arbitration forums:

 

American Arbitration Association 1-800-778-7879 (toll-free) Website: adr.org

 

JAMS 1-800-352-5267 (toll-free) Website: jamsadr.com

 

 Mandatory Venue

 

The arbitration shall be conducted in Sarasota, FL, unless the parties mutually agree to a different location in writing.

 

Administration of Arbitration

 

The arbitration shall be decided by a single, neutral arbitrator. The arbitrator will be either a lawyer with at least ten years experience or a retired or former judge, selected in accordance with the rules of the arbitration forum. The arbitrator shall follow procedures and rules of the arbitration forum in effect on the date the arbitration is filed unless those rules and procedures are inconsistent with this arbitration provision, in which case this arbitration provision will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect customer account information and other confidential information if requested to do so by you or us. The arbitrator shall decide the dispute in accordance with applicable substantive law consistent with the Federal Arbitration Act and applicable statutes of limitations, will honor claims of privilege recognized at law, and will be empowered to award any damages or other relief provided for under applicable law. The arbitrator will not have the power to award relief to, or against, any person who is not a party to the arbitration. An award in arbitration shall determine the rights and obligations between the named parties only, and only in respect of the claims in arbitration, and shall not have any bearing on the rights and obligations of any other person, or on the resolution of any other dispute. You or we may choose to have a hearing and be represented by counsel. The decision rendered by the arbitrator shall be in writing; however, the arbitrator need not provide a statement of his reasons unless one is requested by you or Company.

 

Costs

 

The party initiating the arbitration shall pay the initial filing fee. Each party shall bear the expense of their respective attorneys, experts, filing fees, witnesses and other expenses, regardless of who prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.

 

No Class Action or Joinder of Parties

 

you and Company agree that no class action, private attorney general or other representative claims may be pursued in arbitration, nor may such action be pursued in court if either you or we elect arbitration. Unless mutually agreed to by you and us, claims of two or more persons may not be joined, consolidated, or otherwise brought together in the same arbitration (unless those persons are joint account owners or beneficiaries on your account and/or related accounts, or parties to a single transaction or related transaction); this is so regardless of whether the claim is assigned.

 

Right to Resort to Provisional Remedies Preserved

 

Nothing herein shall be deemed to limit or constrain Company’s right to resort to self-help remedies, such as the right of setoff or the right to restrain funds in an account, to interplead funds in the event of a dispute, to exercise any security interest or lien we may hold in property, or to comply with legal process, or to obtain provisional remedies such as injunctive relief, attachment, or garnishment by a court having appropriate jurisdiction; provided, however, that you or Company may elect to arbitrate any dispute related to such provisional remedies.

 

Arbitration Award

 

The arbitrator’s award shall be final and binding unless a party appeals it in writing to the arbitration forum within fifteen (15) days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators selected in accordance with the rules of the same arbitration forum. The panel will consider all factual and legal issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Costs will be allocated in the same way they are allocated before a single arbitrator. An award by a panel is final and binding on the parties after fifteen (15) days have passed. A final and binding award is subject to judicial intervention or review only to the extent allowed under the Federal Arbitration Act. A party may seek to have a final and binding award entered as a judgment in any court having jurisdiction.

 

Governing Law

 

Our relationship includes transactions involving interstate commerce and that these arbitration provisions are governed by, and enforceable under, the Federal Arbitration Act. To the extent state law is applicable, the laws of the state of Delaware apply and mandatory venue shall be in Sarasota, Florida.

 

Severability and Survival

 

These arbitration provisions shall survive:

 

(i) termination or changes to your account on this Site, or any related services we provide;

(ii) the bankruptcy of any party; and

(iii) the transfer or assignment of your account.

 

If any portion of this arbitration provision is deemed invalid or unenforceable, the entire arbitration provision shall not remain in force. No provision of this arbitration provision may be amended, severed or waived absent a written agreement between you and us.

 

Use of the Site

 

a. Registering with RoomSpook

 

To receive Data from the Site, you may be required to register with RoomSpook. During registration, you may be asked to provide your name and email address. You might also have to input credit card information to make a payment on the  Site. RoomSpook does not receive and will not retain any credit card information. RoomSpook’s use of any personal information you provide is governed by our Privacy Policy. After registering to receive email communications, you may receive a confirmation email from RoomSpook, and then receive additional promotional materials for commercial products and services. You may opt-out by replying to the email as indicated. When you create an account with RoomSpook, you agree that it becomes your responsibility to maintain the confidentiality of your account name, password and all activity that occurs under your account name.

 

b. Registration Obligations and Submission of Information

 

By using the Site, you represent and warrant you are of a legal age to form a binding contract, over the age of 18, and that you are not banned from using the Site or receiving its Data under United States law or by any other applicable jurisdiction. You understand that the Data may disclose circumstances surrounding an incident at a particular location. you further agree that you will provide true, accurate, current and complete information during the registration process and maintain your personal information on the Site, and update it whenever necessary to keep it true, accurate, current and complete.

If you submit any information to the Site, such as a testimonial about using the Site or a report of an event, RoomSpook is assigned that information, royalty free, and perpetually owns that information, including all intellectual property rights. RoomSpook may use the information in the future on the Site or incorporate it in the Data. You agree the submission of any information will be truthful and accurate.

 

If you provide information to the Site that is untrue, inaccurate, not current or incomplete (or if we have reasonable grounds to suspect that the information is untrue, inaccurate, not current or incomplete) we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site at our sole discretion. We further reserve the right to suspend or terminate your account and/or refuse service at our sole discretion, without notice.

 

c. Site Results

 

The Data comes with a limited guarantee. You acknowledge that the Data is provided "as is." You are paying for a limited license to Data within our database, not to return any specific result. If a particular location, floor or room is reported in the Data as not having an event, it does not necessarily mean an event has never occurred at that location, floor or room. The Data, or parts thereof, are obtained from third-parties. As such, RoomSpook cannot guarantee the accuracy of the Data. Please use caution when interpreting Data from the Site. RoomSpook does not guarantee to have all events that have occurred in, or at, a specific location, floor, or in a particular room. The Data is for informational purposes only. Some locations or rooms may not have any reported events. The Data may contain evidence of an event at a location or room where a person died shortly thereafter in a hospital or on the way to the hospital or outside the location, such as on the street, parking garage, casino or in the parking lot. 

 

When the 1st floor of a location is returned, it may mean that an event happened outside the location, such as on the sidewalk in front of the location, casino or the parking lot. If so, it will be indicated in the Data when a report is run. The information in the Data might have occurred in the distant past. The Data might be reported in a location before it was owned by the present operators at that location or the name of the location has changed, such as in an apartment building before it was converted to a hotel or when the hotel was under a different name and owner. It is always recommended that before anyone books, checks in, or rents a room, to run a RoomSpook.com Report. Due to the rather secretive nature of death scenes or bed bugs, we cannot guarantee that a particular room has never had an incident.

 

RoomSpook LLC makes no claims about the paranormal. If an incident occurred at a location it is reported when uncovered. If a person was, for instance, shot at a hotel and died later in the hospital, the death would be reported on RoomSpook if uncovered even though the death did not technically occur at the hotel. RoomSpook gets its information from public and private news sources, which it is not able to verify. If the public source is incorrect, which is a rare occurrence due to the subject matter, our report may likewise be incorrect. RoomSpook is unable to verify events, such as bed bug reports, it receives on its website or via third parties. When an individual posts that there were bed bug sin their room and they stayed there during a particular month, the first day of that month is reported as the date in question. When no date is given for the stay, the date or the online report given by the individual is the date reported. Room numbers can be changed by the owner of the location. Hotels have also been known to change names. As a result, RoomSpook LLC is unable to give representations or warranties about the accuracy of its reports.

 

For some incidents, such as death by natural causes or anonymous bed bugs reports, RoomSpook might not have particular room or floor data. We still report these deaths so potential guests have a better understanding of the number of deaths or potential bed bug incidents that have occurred at a location. The Data is person based instead of event based. For example, if a husband and wife were assaulted at the same time in a location, the Data would indicate two assaults at that location.


 

d. Fees, Refunds & Fraud

 

All fees for products and services from RoomSpook are listed on the Site. Unless otherwise indicated, all charges and fees are final, and RoomSpook does not offer refunds. If you have a subscription and do not notify us that you wish to cancel, then any applicable monthly, semi-annual, or annual fee for said subscription will be automatically billed to the credit card you designated during the registration process (or subsequently updated). Once a subscription period has been paid for, it cannot be canceled or terminated early.

 

To purchase our services, you must agree to pay with a valid credit card and certify that you are authorized to use that credit card. In connection with our efforts to protect customers from credit card fraud, RoomSpook may work with law enforcement agencies and share relevant information, such as email addresses, IP address, credit card numbers, etc. RoomSpook reserves the right to suspend services to individuals who are suspected of fraudulent activity. you are fully responsible, and must pay for all purchases that are made by any individual using your account. If we are advised of insufficient funds to cover your payment by credit card, we may re-submit any un-cleared or rejected payment to your financial institution.

 

If you have reason to believe that your credit card has been used on the Site without your authorization, you must notify RoomSpook immediately. you agree to pay all owed amounts upon demand. Should RoomSpook have to collect unpaid amounts owed by you, then you will be liable for all collection costs. This includes, but is not limited to attorney fees, filing fees and collection agency fees.

 

e. Pay Per Search, Subscription Services, Automatic Renewal

 

i. Payment

 

If a subscription service is offered and if you choose to subscribe to one of the services offered on the Site, your subscription will be ongoing and automatically renew at the end of any Term (monthly, semi-monthly, or annual), unless you notify us in advance that you choose not to renew your subscription.

 

ii. Termination and Free Trial

 

If your subscription includes a free trial, then you may cancel your subscription at any point during the free trial and you will not be billed by RoomSpook. If you do not cancel during the free trial, your credit card will be billed once the trial is over and your paid subscription service will begin. When you cancel your subscription, it will continue until the end of the current billing period. When that period is over, your subscription will no longer automatically renew, and you will lose all the benefits of that subscription. you will not be entitled to any refunds for months that have already been charged.

 

f. Third Party Offers, Links and Search Results

 

The Site may include references or links to third-party web sites, and third-party web sites may include links to the Site. RoomSpook has no control over any third-party web site or the content they present. RoomSpook cannot guarantee, represent, or warrant that the Content on these third-party web sites is accurate, legal, and/or inoffensive. RoomSpook does not endorse the content of any third-party site, nor does RoomSpook warrant that it will not contain viruses or otherwise impact your computer. When you click to another web site from the Site, you agree that you may not make any claim against RoomSpook for any damages or losses whatsoever that occur as a result of your visit to any third-party web site.

 

g. Access and Interference

 

You agree that you will not use any spider, robot, other automatic device, or manual process to monitor or copy our web pages or the Content contained thereon or the Data or for any unauthorized purpose. you agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site. you agree not to copy, reproduce, alter, modify, create derivative works from, or publicly display any Content (except for your own personal, non-commercial use) from the Site without prior written permission from RoomSpook.

 

h. Unauthorized Use of the Site

 

Illegal and/or unauthorized uses of the Site include, but are not limited to:

  • Use of any robot, spider, or other automated device on the Site

  • Automating, scripting, scraping or otherwise taking Data from the Site in an automated fashion to reuse or display in any way

  • Unauthorized framing of or linking to the Site

  • Use information found on any DIH web site or application to increase the value, devalue,  prevent the sale or influence the sale of any type of property

  • Using any information obtained from the Site, including preview results, to transmit commercial, advertising or promotional materials, including without limitation “spam”

  • Using any information obtained from the Site to harass, offend, threaten, embarrass, or invade the privacy of any individual or entity

  • Violating any applicable law, regulation or rule

  • Providing false information on your registration form

  • Impersonating another person at any point (i.e., unauthorized/fraudulent credit card information, false names, etc.)

  • Competing with RoomSpook in any way.

 

If any of the aforementioned unauthorized Site uses are occurring, it will result in an investigation that will then lead to appropriate actions, including, without limitation, termination of your account and formal civil, criminal, and injunctive redress, which will not be subject to the arbitration requirements set forth in this Agreement.

 

i. Violation of these Terms

 

You agree that monetary damages may not provide sufficient remedy to RoomSpook for violations of this Agreement. You further consent to injunctive or other equitable relief for any such violations.

 

j. Proprietary Rights

 

You acknowledge and agree that RoomSpook owns all legal right, title, and interest in and to the Site. This includes, but is not limited to any intellectual property rights that subsist in the Site and its Data (whether or not those rights are registered, and wherever in the world such rights exist). Unless RoomSpook agrees in written form, nothing in this Agreement gives you the right to use any trade name, trademark, trade dress, service mark, logo, graphical user interface, domain name and/or other distinctive feature owned by RoomSpook.

 

Disclaimers

 

RoomSpook MAKES NO PROMISE THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR FROM ANY Content, SEARCH, OR LINK ON THE SITE, OR THAT THE INFORMATION ON THE SITE IS COMPLETE OR ACCURATE. RoomSpook SHALL NOT BE HELD RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ON THE SITE OR PRODUCED BY SECONDARY DISSEMINATION OF INFORMATION ON THE SITE. THE SITE AND ITS Content ARE DELIVERED ON AN "AS-IS" AND AN "AS-AVAILABLE" BASIS. RoomSpook CANNOT ENSURE THAT FILES you DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. RoomSpook DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RoomSpook WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT ARISE FROM THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES.

 

RoomSpook is not responsible for any services, products, actions, or the failure of any third-party to act if they are connected with or referenced on the Site. You must use care when analyzing the Data. It is possible for mistaken identity to occur when reviewing these results, as you may be relying solely upon a name, age and address to identify a specific individual. If you believe that any information contained on the Site is in error, please contact info@RoomSpook.com.

 

It is illegal to use information obtained from the Site to commit crimes against anyone, or to engage in discrimination or harassment against anyone. Criminal misuse of this information subjects the person who misuses it to a sentence enhancement beyond the punishment administered for the crime initially committed. Civil misuse of this information may subject the person to civil damages and penalties pursuant to applicable Florida Penal Codes.

 

Use of any information disclosed on the Site for the following purposes is strictly prohibited:

 

  • Health insurance

  • Insurance

  • Credit

  • Loans

  • Employment

  • Real-estate

  • Housing or accommodations

  • Education, scholarships, or fellowships

  • Benefits, privileges, or services provided by any business establishment.

 

LIMITATION ON LIABILITY

 

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL RoomSpook, ITS OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF RoomSpook HAS BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MAY OCCUR.

 

a. Indemnity

 

You agree to indemnify and hold RoomSpook, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand. This includes but is not limited to reasonable attorneys' fees arising out of the use of the Site by a user or a user’s account.

 

b. Remedies

 

Should you have any dissatisfaction with the Site, your sole remedy is to discontinue your use of the Site. Certain jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Under such circumstances, the above limitations may not be applicable to you. If the above limitations do not apply to you, then the sole and exclusive maximum liability to us for all damages, losses, and causes of action — whether in contract, tort (including, without limitation, negligence), or otherwise — will be the full amount that you have paid to RoomSpook, if any, for access to the Site during the current calendar year of your use and/or subscription to the Site.

 

Entire Agreement

 

This Agreement incorporates by reference any notices contained on the Site, and constitute the entire agreement with respect to your access to and your use of the Site. Any provision of these Terms that is determined by a court of competent jurisdiction to be unenforceable shall be severable from these Terms without invalidating the remaining Terms. The unenforceability of any single provision contained in these Terms shall not render that provision unenforceable in any other jurisdiction. RoomSpook reserves the right to revise these Terms at any time without providing notice to you. By using the Site following any revision to these Terms, you then agree to be bound by any such changes. Failure by us to insist on the strict performance of any of the terms and conditions found within these Terms in one or more cases shall not be considered a waiver or relinquishment for the future of any such term or condition, or of any other term or condition.