Roomvu Terms and Conditions


Consent for Collection, Use and Disclosure

Roomview Technologies, Inc. provides the roomvu.com site and various related services (collectively, the "site") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Service"), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.

Your use of the roomvu site and/or your registration for roomvu.com products and services constitute your consent to the terms of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the roomvu.com site.

Roomvu may occasionally update this Privacy Policy. When it does, roomvu will also revise the "last update" date at the top of this Privacy Policy. In addition, roomvu will seek a customer's prior consent, by email, for any new uses or proposed disclosures of information collected from the customer prior to the change. Roomvu will notify customers by email of changes to this policy that will affect information collected from them in the future. In certain circumstances, however, roomvu will not inform and obtain the consent of the customer, such as in connection with an investigation of a breach of an agreement, contravention of laws, an emergency where the life, health or security of an individual is threatened, the collection of a debt or in compliance with the request of a law enforcement agency or a court order.

A customer may withdraw his or her consent for collection, use and disclosure at any time by sending an email to unsubscribe@roomvu.com. Please note that, if you do, roomvu.com may suspend its provision of products and services to you.

Conduct on Site

Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By utilizing our Services and creating a Marketing Promotion made available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:

  1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
  2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  3. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  4. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of unlawful lottery or gambling;
  5. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  6. impersonates any person or entity, including any of our employees or representatives.We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted on our service. However, we have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

In addition, for any services related to displaying an MLS data feed, you agree to comply with your local real estate board and opt-in for that specific service, as outlined by your local board. We recommend contacting your regional real estate or MLS board to identify their requirements.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else's use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability. You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Intellectual Property Information

For purposes of these Terms of Service, "content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and the entire contents of roomvu are copyrighted as a collective work under the Canada and United States copyright laws.

By accepting these Terms of Service, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of rooview Technologies Inc. and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties.

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of roomvu or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name of roomvu or its Affiliates.

International Use

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside Canada and the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the Services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

Accountability

roomvu.com collects, at the time of your registration and your sign-on to its web site, certain "personal information" (information that personally identifies you) including but not limited to your name, email address, address, telephone number.We will collect Personal Information from you only if you voluntarily submit such information to us. You can always refuse to supply Personal Information, except that it may prevent you from engaging in certain Site-related activities.

roomvu has implemented this Privacy Policy to protect personal information received from its customers, and to respond to any inquiries. The Privacy Policy also provides that roomvu will use appropriate contractual means to establish a comparable level of protection for personal information.

We neither rent nor sell your Personal Information to anyone. Except as set forth in this Privacy Policy or as specifically agreed to by you, we will not disclose any information we gather from you on our Sites.

Security of Personal Information

Your account is protected by a password for your privacy and security. If you access your account via a third party site or service, you may have additional or different sign-on protections via that third party site or service. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

Cookies

When you visit the roomvu.com web site, a cookie may be placed on your computer or the cookie may be read if you have visited the roomvu.com site previously. Roomvu uses cookies to allow the site to determine which products and services you have already accepted so that roomvu does not provide redundant information to you. If you choose to not have your browser accept cookies from the roomvu.com website, you may not be able to view all the text on the screens, or to experience a personalized visit, or to subscribe to certain service and product offerings on the site.

Purposes for Collecting Personal Information

Roomvu collects and uses personal information for the following Identified Purposes:

  1. to understand customer needs regarding roomvu’s services;
  2. to develop and provide our web site and our products and services for our customers;
  3. to fulfill your requests for products, services or information;
  4. to communicate with customers and site visitors, when necessary, and to inform customers of upgrades, as well as of other products and services available from roomvu, its affiliates and third parties;
  5. to allow customers to access limited-entry areas of roomvu.com's site;
  6. to personalize some of our services and products for you and to deliver targeted advertisements and offers from roomvu and third parties;
  7. to bill accounts and maintain payment records;
  8. to comply with any applicable law, regulation, legal process or government request;
  9. to respond to a legitimate claim, or to address our reasonable belief, that you are violating the rights of any third party or any of the agreements or policies that govern your use of the roomvu site or any of its products or services;
  10. to protect the services, products or rights of roomvu, including but not limited to the security or integrity of the roomvu site; and
  11. to identify and resolve technical problems concerning roomvu.com's site, products and services.

Roomvu also uses personal information in an aggregate form (i.e., not individually attributable to you) for its business analysis, operational, marketing and other promotional purposes.

If we hire other companies to provide some products or services on our behalf, then we will only provide those companies the personal information they need for the Identified Purposes, and we will limit their rights to use and further disclose your personal information as appropriate in the course of their work for us.

Accuracy of Personal Information

Roomvu will use reasonable efforts to keep customer personal information accurate for the Identified Purposes, and for minimizing the possibility of making inappropriate customer decisions based on such information. Customers are responsible for informing roomvu.com about changes to their personal information. You can do this by calling 1(855) 414-6637 or sending an email to our privacy department. Roomvu will use new or updated personal information it receives from customers to update its own records.

Disclosure, Processing and Retention

Roomvu does not sell, rent or disclose your personal information to anyone else, except:

In addition, as we continue to develop our business, we or our affiliates may sell or buy other businesses or entities, or we may merge with another company. In such transactions, personal information may be one of the transferred business assets. Also, in the event that roomvu.com or substantially all of its assets are acquired, your personal information may be one of the transferred assets.

Your information may be stored and processed in Canada and the United States, or in any other country in which roomvu.com or its affiliates, subsidiaries or agents maintain facilities. By using this web site, you consent to any such transfer of information outside of your country.

After your account becomes inactive (that is, if you request to be removed from our database), roomvu.com will keep your personal information in its archives. Your information will then be used only as necessary for tax reasons or to prove roomvu.com's compliance with any applicable law.

Fees and Payment

  1. Fees. Customer will pay to roomvu the fees described in each Order Form (the “Fees”). Unless otherwise specified on the Order Form, Fees will be auto invoiced and payable by Customer on a monthly basis on the day in which Customer signs up for the roomvu Services. If roomvu’s performance of the roomvu Services requires the payment of additional fees (pursuant to the terms of this Agreement), Customer will be billed for such fees and pay the fees in accordance with this Agreement. Roomvu may modify the Fees from time to time upon at least 30 days’ notice to Customer. Customer acknowledges that roomvu does not provide any refunds of Fees once the corresponding payments have been processed.
  2. Disputed Invoices or Charges. If Customer believes roomvu has charged or invoiced Customer incorrectly, Customer must contact roomvu no later than 15 days after having been charged by roomvu or receiving such invoice in which the error or problem appeared in order to request an adjustment or credit. In the event of a dispute, Customer will pay any undisputed amounts in accordance with the payment terms herein, and the Parties will discuss the disputed amounts in good faith in order to resolve the dispute.
  3. Late Payment. Customer may not withhold or setoff any amounts due under this Agreement. roomvu reserves the right to suspend the roomvu Services until all due amounts are paid in full. Any late payment will be increased by the costs of collection (if any) and will incur interest at the rate of one and a half percent (1.5%) compounded monthly (19.56% annually), or the maximum legal rate (if less), plus all expenses of collection, until fully paid.
  4. Taxes. The Fees set out in this Agreement do not include applicable sales, use, gross receipts, value-added, GST or HST, personal property or other taxes. Customer will be responsible for and pay all applicable taxes, duties, tariffs, assessments, export and import fees or similar charges (including interest and penalties imposed thereon) on the transactions contemplated in connection with this Agreement, other than taxes based on the net income or profits of roomvu.
  5. Suspension. Any suspension of the roomvu Services by roomvu pursuant to the terms of this Agreement will not excuse Customer from its obligation to make payments under this Agreement.
  6. No Refunds will be issued on any of the subscription plans mentioned on www.roomvu.com/pricing or relating to website services. All subscriptions sales are final.

Disclaimer of Warranties

All materials and services on this site are provided on an “AS IS” and “As Available” basis without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability of fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that (a) The services and materials will meet your requirements, (b) The services and materials will be uninterrupted, timely, secure, or error-free. (c) The results that will be obtained from the use of the services or materials will be effective, accurate or reliable, or (d) The quality of any products or service, or information purchased or obtained by you from the site from us or our affiliates will meet your expectations or be free from mistakes, errors or defects.

The site could include technical or other mistakes, inaccuracies or typographical errors. We may take changes to the materials and services at this site, including the prices and descriptions of any products listed herein, at any time without notice. The materials or services at this site may be out of date, and we make no commitment to update such materials or services.

The use of the services or the downloading or other acquisition of any materials through this site is done at your discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.

Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. We make no warranty regarding any transactions executed through, or in connection with this site, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any products, services, materials, or information available on or through this site from a third party is provided solely by such third party, and not by us or any other of our affiliates.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control. roomvu may, from time to time, need to interrupt the service for maintenance and other operational reasons, as determined in its sole discretion, and you shall not receive any compensation or refund for such interruptions, and you hereby release and agree to defend, indemnify, and hold harmless roomvu and it's, affiliates, and subsidiaries and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from and against any and all claims, costs (including without limitation attorneys' fees), injuries, losses, or damages arising in connection with such interruptions.

You understand and agree that the Services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

Roomvu does not endorse the roomvu-provided content and specifically disclaims any responsibility or liability to any person or entity for any loss, damage(whether actual, consequential, punitive, or otherwise), injury claim, liability or other cause of any kind or character based upon or resulting from any room-provided content.

Compliance with Laws & Regulations

You acknowledge and agree that roomvu's Services merely helps Companies publish their Marketing Promotions and that the Services provides no safeguards that ensure that you operate your Marketing Promotion properly or legally. You further acknowledge and agree that you are responsible for providing Marketing Promotion rules, terms, conditions, privacy policies or statements and ensuring that your Marketing Promotion complies with applicable laws, rules, and regulations. You hereby represent, warrant, and covenant that you will comply with all applicable laws, rules, and regulations in the creation, operation and completion of your Marketing Promotion(s), including without limitation in connection with all advertising and marketing associated with your Marketing Promotion(s). You further represent, warrant, and covenant that you will comply with all statements and promises made to Entrants, except to the extent such statements and promises violate applicable laws, rules, or regulations. You agree to indemnify, defend and hold harmless roomvu and its parent companies, affiliates, and subsidiaries and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from any and all third-party claims, losses, liability, damages and/or costs (including attorneys' fees and costs) arising from your use of the Services, your violation of these Terms of Service or any other agreement between you and roomvu, your actual or alleged violation of any law, rule, or regulation associated with your Promotion(s), and/or infringement by any Entrants in your Marketing Promotion(s), of any intellectual property or other right of any person or entity. Roomvu will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost. These Terms of Service will inure to the benefit of roomvu's successors, assigns and licensees.

Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.

Miscellaneous

In any action to enforce these Terms of Service, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Service to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms of Service.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.

SPECIAL TERMS APPLICABLE TO FACEBOOK PLATFORM APPLICATION

Facebook requires that roomvu notify you and require you to agree to all of the following terms and conditions in connection with your use of the Facebook platform:

Introduction

The terms and conditions below describe the terms applicable to your installation and use of certain applications which use the Facebook Platform (as defined below) to access certain information about you that is available from the www.facebook.com website (the "Facebook Site") or to retrieve authorized data from third-party sites for use on the Facebook Site ("Platform Applications").

The "Facebook Platform" is a set of application programming interfaces (APIs) and services provided by Facebook which makes this information available to Platform Applications and allows Facebook and third-party developers ("Developers") to develop new features and applications that we hope will enhance your ability to interact with people in your life in new and interesting ways.

PLEASE NOTE: The Facebook Platform does not give Developers access to your e-mail address, personal website, instant messenger ID, telephone number or street address ("Contact Information"). Facebook will only disclose your Contact Information to third parties in accordance with the Facebook Privacy Policy.

Consent Regarding Use of Facebook Site Information

Information That May Be Provided to Developers. In order to allow you to use and participate in Platform Applications created by Developers ("Developer Applications"), Facebook may from time to time provide Developers access to the following information (collectively, the "Facebook Site Information"):

  1. Any information provided by you and visible to you on the Facebook Site, excluding any of your Contact Information, and the user ID associated with your Facebook Site profile.
  2. Examples of Facebook Site Information. The Facebook Site Information may include, without limitation, the following information, to the extent visible on the Facebook Site: your name, your profile picture, your gender, your birthday, your hometown location (city/state/country), your current location (city/state/country), your political view, your activities, your interests, your musical preferences, television shows in which you are interested, movies in which you are interested, books in which you are interested, your favorite quotes, the text of your "About Me" section, your relationship status, your dating interests, your relationship interests, your summer plans, your Facebook user network affiliations, your education history, your work history, your course information, copies of photos in your Facebook Site photo albums, metadata associated with your Facebook Site photo albums (e.g., time of upload, album name, comments on your photos, etc.), the total number of messages sent and/or received by you, the total number of unread messages in your Facebook in-box, the total number of "pokes" you have sent and/or received, the total number of wall posts on your Wall, a list of user IDs mapped to your Facebook friends, your social timeline, and events associated with your Facebook profile.
  3. Privacy Settings: You may revoke or modify your permission for Facebook to provide Facebook Site Information to Developers at any time through the means provided in your privacy settings. /state/country), your current location (city/state/country), your political view, your activities, your interests, your musical preferences, television shows in which you are interested, movies in which you are interested, books in which you are interested, your favorite quotes, the text of your "About Me" section, your relationship status, your dating interests, your relationship interests, your summer plans, your Facebook user network affiliations, your education history, your work history, your course information, copies of photos in your Facebook Site photo albums, metadata associated with your Facebook Site photo albums (e.g., time of upload, album name, comments on your photos, etc.), the total number of messages sent and/or received by you, the total number of unread messages in your Facebook in-box, the total number of "pokes" you have sent and/or received, the total number of wall posts on your Wall, a list of user IDs mapped to your Facebook friends, your social timeline, and events associated with your Facebook profile.
  4. Developer Agreement. Before providing any information to any Developer through the Facebook Platform, Facebook requires each Developer to enter into an agreement (a "Developer Agreement"), which, among other things, strictly limits their collection, use, and storage of Facebook Site Information. Our standard Developer Agreement consists of the Facebook Developer Terms and Conditions and the related Facebook Platform Application Guidelines. We may from time to time enter into separate agreements with certain third party Developers that contain different or additional terms, provided however, that each such separate agreement will require the third party Developer to only display your information in accordance with your Facebook privacy settings. The standard Developer Agreement is subject to change without prior notice at any time, at the Company's sole discretion, so you should review these terms from time to time. However, Facebook cannot guarantee that each Developer will comply with its contractual requirements, and Facebook does not assume any liability or responsibility for any of Developer's actions, Developer Applications or websites, or for enforcing any Developer Agreement against any Developer.
  5. Facebook Applications. Platform Applications developed by Facebook ("Facebook Applications") may also make use of Facebook Site Information. Facebook will use and disclose Facebook Site Information in connection with Facebook Applications only in accordance with the Facebook Privacy Policy.

Use of Platform Applications

  1. Developer Applications. When you install a Developer Application, you understand that such Developer Application has not been approved, endorsed, or reviewed in any manner by Facebook, and we are not responsible for your use of or inability to use any Developer Applications, including without limitation the content, accuracy, or reliability of such Developer Application and the privacy practices or other policies of the Developer. YOU USE SUCH DEVELOPER APPLICATIONS AT YOUR OWN RISK. Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using Developer Applications. Those terms and/or policies may give Developers rights with respect to your Facebook Site Information beyond those provided by the Developer Agreement. PLEASE REVIEW EACH DEVELOPER'S TERMS AND/OR POLICIES CAREFULLY.
  2. Facebook Terms of Service. You understand and agree that your use of any Platform Application is subject to, and you agree to comply with, all terms and conditions of the Facebook Site Terms of Service, including without limitations all disclaimers and limitations of liability contained therein. To the extent these Platform Application Terms of Service directly contradict such Facebook Site Terms of Service, these Platform Application Terms of Service shall control: Without limiting the foregoing, all restrictions on user conduct set forth in the Facebook Site Terms of Service, also apply to your use of and all information and content you provide on or through any Platform Applications, and to your conduct in using any Platform Applications;
  3. You acknowledge that Developers or Facebook or its licensors own all right, title and interest in and to any and all Platform Applications, portions thereof, and/or content or software provided through or in conjunction with any Platform Applications, including without limitation any and all patent, copyright, trademark, trade secret and other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You also agree to not remove, obscure, or alter Facebook's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through any Platform Applications. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Platform Applications; and
  4. Facebook Applications. Facebook Applications are made available to you for your personal, non-commercial use only. If you want to sell, license or otherwise distribute any Facebook Application, reproduce or modify any Facebook Application, or use any Facebook Application for any commercial purpose, you must obtain Facebook's prior written consent. Facebook may require you to agree to additional or different Terms of Service and may notify you of additional or different policies that may apply to particular Facebook Applications.
  5. ALL PLATFORM APPLICATIONS ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. FACEBOOK EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FACEBOOK FURTHER EXPRESSLY DISCLAIMS ANY WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, AVAILABILITY AND/OR PERFORMANCE OF ANY PLATFORM APPLICATIONS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, INSTALL AND/OR USE ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, INSTALLATION OR USE OF ANY PLATFORM APPLICATIONS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
  6. RELEASE AND DISCLAIMER. YOU HEREBY IRREVOCABLY RELEASE AND AGREE TO HOLD HARMLESS FACEBOOK AND ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND REPRESENTATIVES, FROM ANY AND ALL CLAIMS, COSTS, LOSSES, LIABILITIES AND DAMAGES OF ANY SORT (WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHERWISE, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED)), CONTRACT, WARRANTY, STRICT LIABILITY, RELIANCE OR UNDER ANY OTHER THEORY, AND WHETHER OR NOT FACEBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF: (A) YOUR DOWNLOAD, INSTALLATION OR USE OF ANY FACEBOOK APPLICATIONS OR DEVELOPER APPLICATIONS, (B) DELIVERY OF ANY INFORMATION BY FACEBOOK TO ANY DEVELOPER; OR (C) ANY USE BY ANY DEVELOPER OF ANY INFORMATION, WHETHER OR NOT SUCH USE IS IN ACCORDANCE WITH THE DEVELOPER AGREEMENT. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.