Terms of Use

Date Last Modified: 8/20/2020

roomcougar.com User Agreement

General/Introduction

When you create an account on roomcougar.com the terms and conditions of these Terms of Use form a binding contractual agreement between you, the user, and (the “Site”, “us”, “we”, or “our”) (the "Agreement"). This Agreement constitutes the entire agreement between us and you, the user, with respect to your use of the content purchase, subscription, and text/image communication platform (the "Platform") available at roomcougar.com. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Platform. You must read the following terms and conditions carefully, as they form the agreement between us, or any of our successors or assigns and you (sometimes referred to herein as "you" or "your") IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS IN FULL, YOU MAY NOT USE THE PLATFORM, AND SHOULD NOT PROCEED TO REGISTER. BY USING THE PLATFORM YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY AND ALL AMENDMENTS THAT WE MAY MAKE TO IT FROM TIME TO TIME.

Purpose of Platform

The Platform serves as a platform to allow users, including you, to engage with other users of the Platform and acquire access to content from other users of the Platform. The Platform operates as a social networking and content sharing platform and any misuse of the information received through the Platform, such as for prostitution or other illegal purposes, is not permitted. Please note that as used herein “user” refers to all individuals who access and use the Platform.

Revisions to this Policy and Platform

We reserve the right to revise and amend this Agreement at any time and in any manner. Any time any changes are made to this Agreement, the "Last Updated" date at the top of this page will be updated to the date such changes were made. You agree to regularly review this Agreement to confirm no revisions have been made to it. Should you not agree to any new changes, you must immediately terminate your account (if any) and cease accessing the Platform and roomcougar.com. Your right to use the Platform is subject to any limitations, conditions, and restrictions established and enforced by us from time to time, in our sole discretion. We may alter, suspend, or discontinue any or all aspects of the Platform at any time, including the availability of any Platform feature, database, or content. We may also impose limits on certain features and aspects of the Platform or restrict your access to parts or the entire Platform without notice or liability

Minimum Age Requirement

In order to access and/or use the Platform, you must be at least eighteen years of age or the age of majority in your jurisdiction, whichever is higher (the "Age of Majority").

We Are Not Responsible for Other Users’ Content

The Platform is a tool which allows users to interact in text and to acquire access to video and photo content. Each user is responsible for the content of his or her own communications. While we have established the Code of Conduct below, and will use our reasonable efforts to investigate any report(s) that one or more users are not complying with the Code of Conduct or this Agreement, we do not and will not undertake any duty to supervise the various communications and content shared through the Platform. We have no control over any communications which happen through the Platform and you specifically release us from any and all claims or liability in connection with any communication between you and any other user of the Platform whether or not they take place through the Platform. While we can assist with communications through the Platform when requested, we are unable to assist in any communications or other matters outside of the Platform. It is possible that one or more users may post links to third party websites (the "External Links"). We are not responsible for, and shall have no liability to you or anyone else as a result of the availability of External Links or their contents. We have no control and take no responsibility for any External Links posted, shared or otherwise communicated either through the Platform or by one of more users of the Platform. We are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever, which may arise out of or relate to your use of the Platform, including but not limited to lost revenues, profits, business or data, or damages resulting from any viruses, worms, "Trojan horses" or other destructive software or materials, or communications by you or other users of the Platform, or any interruption or suspension of the Platform, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Platform during the previous 12 months. We may discontinue or change the Platform or its availability to you at any time, and you may stop using the Platform at any time, please see details on cancellation below.

Code of Conduct

As mentioned throughout this Agreement, we merely provide a Platform for use by adults. We do not seek to control or censor the information users choose to post or otherwise share through the Platform; however, in order to ensure the Platform remains an open and welcome place for users, we have instituted the following Code of Conduct:

1. You will not share or encourage through the Platform any hateful, sexist, abusive, rude, profane, obscene, harassing or otherwise offensive content nor any content which is terroristic or in furtherance of a terrorist aim/purpose in nature.
2. You will not use the Platform to seek or share, whether real or simulated, any illegal or unsafe activity of any kind. Moreover, any depiction of blood for any reason will not be tolerated.
3. You shall not use the Platform to in any way share or distribute any libelous, slanderous, abusive or defamatory information or statements. Further, you will not use the Platform to engage in any harassing activity including, without limitation, sharing another individual’s private and/or identifying information.
4. You shall not use the Platform to impersonate or in anyway infringe on the property, civil or intellectual property right(s) of any user or person.
5. You will not use the Platform to solicit funds from any other user nor to advertise or solicit for any goods or services, including, by way of example only and not a limitation, in-person meetings.
6. You shall at all times comply with United States federal laws, regardless of your location, as well as all laws applicable to where you reside. As mentioned above, you acknowledge that you are solely responsible for any and any all information shared, posted, sent from or otherwise distributed through your account on the Platform.
7. You will not use the Platform to distribute or share any chain letters, advertisements, spam, or any other type of commercial message through the Platform.
8. You will not use the Platform nor any information received by you through or from the Platform for any illegal purpose or any purpose which would be a violation of this Agreement.

You understand that the foregoing Code of Conduct is not exhaustive and such Code of Conduct may be amended by us at any time without notice.

Information You Share

You are solely responsible for any information you share with any user either through the Platform or otherwise and you specifically acknowledge that any information you share with another user should be considered public information. We have no control and take no responsibility for any information you share with any user which is then used, shared, or in any way allegedly or actually misused. In such event, you acknowledge that your dispute will be directly with the user you believe to be responsible.

Privacy and Use of Information By Us

As more fully set forth in our Privacy Statement, we will not resell your personal information to any third party.

Your Representations and Warranties

By using the Platform, you represent and warrant the truth and accuracy of each of the following:

1. All images and content uploaded and/or shared through the Platform are your own and you own all the necessary rights to comply with this Agreement and to distribute such images and content.
2. You are familiar to the laws and community standards applicable to you and your access to and/or use of the Platform will not violate any such laws or community standards.
3. You acknowledge that all content shared and/or hosted through our servers is done so by automatic process at the request and direction of users of the Platform.
4. You understand that by making the Platform available we are not directing and will never direct any user to in anyway share any content of any particular nature including any content which may infringe upon the rights of any third party.
5. You understand that any review of any content uploaded to the Platform, either before or after such content is viewed by either users, shall only be cursory in nature to identify any obvious violations of this Agreement and that it is your sole responsibility to confirm that you are complying with this Agreement and not violating any law applicable to you and/or the Platform.

Waiver of Claims

You acknowledge that you cannot bring legal action against the us or any of our employees, officers, or agents for any damages of any kind, under any theory, as a consequence of using the Platform.

Copyright Claims

Because we respect the intellectual property rights of third parties, each user represents and warrants to us that all content shared and/or streamed through their account is the user's own content. We voluntarily observe and comply with the United States' Digital Millennium Copyright Act ("DMCA"). If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Platform's Designated Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.You may send your Notice of Claimed Infringement to:
Lawrence G. Walters
195 W Pine Ave
Longwood, FL 32750
Fax: (407) 774-6151
Notice[at]DMCANotice[dot]com
Please note that if you materially misrepresent that any content or activity is infringing your copyrights, you may be liable for damages (including costs and attorneys' fees).

DO NOT SEND ANY OTHER INQUIRIES TO OUR DMCA AGENT.

SEND ALL OTHER INQUIRIES TO: [email protected]. Please do not send other inquires or information to our Designated Agent.

Notification and Take Down Procedures

Upon receipt of a DMCA compliant notice of infringement, the subject content will be removed from the Platform and a notice will be sent to the responsible uploader. The uploader will then have the opportunity to submit a counter-notification, more fully detailed below, in compliance with the DMCA. Upon receipt of a counter-notification the applicable uploader will be permitted to reupload the subject content and a copy of the counter-notification will be sent to the original party claiming infringement. We follow the "notification and takedown" procedure described herein. In the event that a non-DMCA compliant notice is received, we reserve the right to remove the content and inform the responsible uploader; further, we reserve the right, but do not undertake the obligation to, communicate with the original complainant any response received from the responsible uploader. We have and observe a repeat infringer policy and will terminate the account of anyone on the Platform who violates such policy.

DMCA Counter-Notification Procedure

Upon receipt of a DMCA compliant notice of infringement, we will inform the responsible uploader (the "Uploader") of such claim, including, at our election, providing a copy of the claim of infringement. At that time, if the Uploader believed that the claim of infringement is erroneous or false, and/or that the allegedly infringing content has been wrongly removed in response to such claim, the Uploader shall have the opportunity to submit a counter-notification pursuant to §512(g)(2) and (3) of the DMCA. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations that may cause any claims to be brought against us relating to the content.

To submit a counter-notification, please provide our designated DMCA agent the following information:

1. A specific description of the material that was removed or disabled pursuant to the Notice.
2. A description of where the material was located within the Site before such material was removed and/or disabled. Please provide the specific URL if possible.
3. A statement reflecting the Recipient's belief that the removal or disabling of the Material was done so erroneously. For convenience, the following format may be used:
   "I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the Platform provider as a result of mistake or misidentification of the material to be removed or disabled." loss or harm caused by or arising from your breach of any of the warranties and representations contained herein and with respect to any breach of any term of this Agreement.

The foregoing may be sent by mail, overnight courier, or fax to our DMCA agent using the following contact information:
Lawrence G. Walters
195 W. Pine Ave.
Longwood, FL 32750-4104
Fax: (407) 774-6151
notice[at]DMCANotice[dot]com

DO NOT SEND ANY OTHER INFORMATION OR MATERIAL OUR DMCA AGENT. PLEASE SEND ALL OTHER INQUIRIES TO: [email protected]

We reserve the right to modify, alter or add to this policy, including our internal repeat infringer policy.

Proprietary Information

The Platform contains information, which is proprietary to us and/or users of the Platform. We assert full copyright protection in the Platform. Any information and/or content posted by us or users of the Platform may be protected whether or not such information is identified as proprietary to us or to the user. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information and/or content. You are hereby granted a license to access and view the Platform contingent upon your full compliance with each term of this Agreement. You agree not to use, publish or otherwise share any of the information or content contained in or on the Platform for any reason. You agree that you will not at any time use any or all of the images and/or information on this Platform for any reason or purpose other than your personal, non-commercial use.

No Account Sharing

Each account created on the Platform must only be for the use of one individual. No user may share, transfer or otherwise make available to any third party such user's account with anyone else. You are responsible for all usage, activity, and purchases through your account on the Platform. All purchases are non-transferable.

Charges

You may purchase memberships and content using any of our available purchase methods, such as, by way of example only, credit card, bankcard or ACH. Purchases and/or memberships may not be transferred without our prior, explicit written authorization for such transfer. In the event that you make a purchase and thereafter such purchase is declined, charged back, or otherwise returned to you, and we believe such action to be based upon fraud, you will be responsible to us for the return of all such moneys and, in the event we determine to institute legal proceedings against you for the return of such moneys, you shall be liable to us for all costs incurred by us in connection with such collection efforts including all fees, costs and attorneys fees. In the event that we determine to ban you from the Platform in connection with an actual or suspected violation of this Agreement, you agree that you will lose all access to any and all content purchases previously made through your account.

Recurring Transaction Agreement

When you purchase a one-month “membership” subscription, your subscription will automatically renew unless cancelled before the expiration of your current purchase. Your subscription will renew at the rate of US$9.95 per month. The date of your automatic renewal will be the day after the last day of your subscription purchase. You may cancel your subscription at any time during your subscription period to avoid your membership automatically renewing by contacting our customer service department through email. For all initial purchases, you will receive an email receipt upon successful completion of your initial purchase. We reserve the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a cardholder. You agree to pay all amounts due but not yet paid (such as charged back amounts or other amounts) to us immediately upon cancellation or termination of your account. We reserve the right to make changes to our fees and billing methods, including the addition of supplemental charges for any content or services that we may provide, with or without prior notice to you, at any time.

Export Control

The Platform must not be viewed or used in, or exported or re-exported to, any jurisdiction in which the access, viewing, downloading, or other use of Platform and/or the Third Party Service would or could reasonably constitute a violation of any law, regulation, rule, or custom. The Site and Platform must not be accessed by any person or entity on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. The foregoing groups are not exhaustive, and you are solely responsible for complying with the laws, regulations, rules, and customs in your own jurisdiction.

Indemnity

You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Platform and, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

No Warranties

The Platform is distributed and made available on an "as is" basis. We do not warrant that the Platform will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Platform. Where permitted by law, you acknowledge that the Platform is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Platform is at your own risk. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Platform. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. If you are a California resident, you waive California Civil Code § 1542, which states "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Billing Errors

If you believe that you have been erroneously billed, you agree to immediately notify us of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.

Binding Agreement

By supplying us with all the required information and signing up as a member you acknowledge and affirmatively state that you have read, and understand the terms set forth herein and that you agree to be bound by the terms and conditions hereof.

NO WARRANTIES, LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE AND EXCLUSIVE RISK. THE PLATFORM AND SITE ARE PROVIDED ON AN "AS IS, WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PLATFORM OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE PLATFORM WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR TELEPHONE AND/OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES. YOU AGREE THAT THE SITE'S MAXIMUM LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT, OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF MONEYS YOU HAVE PAID US.

Severability

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.

Arbitration

Any disputes arising under or in connection with this Agreement (including any dispute relating to the arbitrability of this Agreement or any provision of this Agreement or any other dispute relating to arbitration) must be submitted to arbitration before and in accordance with the arbitration rules of the American Arbitration Association in accordance with its commercial arbitration rules. The provisions of this Arbitration Section must be construed as independent of any other covenant or provision of this Agreement; provided that if a court of competent jurisdiction or arbitrator determines that any such provisions are unlawful in any way, such court or arbitrator is to modify or interpret such provisions to the minimum extent necessary to have them comply with the law. Judgment upon an arbitration award may be entered in any court having competent jurisdiction and will be binding, final and non-appealable. You and we hereby waive to the fullest extent permitted by law, any right to bring a claim for any punitive or exemplary damages against the other and agree that in the event of a dispute between them, each shall be limited to the recovery of any actual damages sustained by it. It is the intent of the parties that any dispute between the parties will be considered on an individual claim(s) basis, and that none of their respective claims may be arbitrated or litigated on a class-wide basis.This arbitration provision is self-executing and will remain in full force and effect after the expiration or termination of this Agreement. In the event either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear. Any arbitration shall take place in Miami-Dade County, Florida, exclusively, unless otherwise agreed to by the parties in writing.

Cancellation By User

You may cancel your account and/or any and all subscriptions at any time by visiting www.roomcougar.com/support/index or emailing us at [email protected].

Termination by Us

We may, in our sole discretion, without advance notice, terminate or suspend your access to all or part of the Platform at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement or in the event that we determine to cease operating the Platform. You hereby agree that neither we nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to the Platform. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the Platform at our sole discretion, and we reserve the right to refer such activity to any and all appropriate law enforcement agencies. You agree that if your account is terminated by us, you will not attempt to re-register as a member without prior written consent from us.

Effect of Termination or Cancellation

In the event that your account is terminated or cancelled for any reason, effective immediately you will no longer have access to the non-public areas of the Platform nor will you be able to access any content previously purchased through your account.