Terms & Conditions of Services

In effect for Gayroom8 Members registered on the Platform after April 27, 2021.

Last update: May 25, 2021

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Please read these Terms and Conditions of services carefully. By accessing and using the Gayroom8.com Platform you agree to comply with and be legally bound by the terms and conditions of these Terms and Conditions of services.  These Terms and Conditions of services contain a binding arbitration provision and class action waiver that apply to all Gayroom8 Members and affect their rights. By accepting these terms, you agree to be bound by these provisions.   If you do not agree to these Terms and Conditions of services, you have no right to obtain information from or otherwise continue using the Platform (as defined below). You acknowledge and agree that, by accessing or using the Platform or the Content, or by uploading Member Content, you are indicating that you have read, and that you understand and agree to be bound by these Terms and Conditions of services, whether or not you have registered with the Site and Application. These Terms and Conditions of services ("Terms") constitute a binding legal agreement between you and Gayroom8 (as defined below) and to govern your access to, and use of, the Gayroom8 website (www.gayroom8.com) including any subdomains thereof, and any other websites through which Gayroom8 makes its services available (individually and collectively, "Site"), the mobile, tablet and other smart device applications, and application program interfaces through which Gayroom8 makes its services available (individually and collectively, “Application”) and all associated services, (collectively, “Services”). The Site, Application and Services together are hereinafter collectively referred to as the “Platform”. The terms “you” and “your” refer to you as an individual. If you agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity, unless otherwise specified. When these Terms mention “Gayroom8”, it refers to the gayroom8.com entity you are contracting with in regards with the access to and use of the Platform: GAYROOM8.COM, LLC at 1610 Meridian Ave, Ste. 1, Miami Beach, FL 33139, USA. The collection, use and any processing of personal information in connection with your access to and use of the Platform is described in the Gayroom8 Privacy Policy. If you have any questions about these Terms, you can contact the Gayroom8 Customer Support by emailing support@gayroom8.com.

1. Presentation & Scope of Gayroom8 Services

1.1. Gayroom8 provides an online classifieds service, through the Platform, to allow registered Members (“Members”) to publish available living spaces(s) on the Platform (“Listings”), and to allow such Members to communicate and transact directly with each other. The Listings may include short or long term use of residential property in exchange for negotiated rent (“Rental”).

1.2. Gayroom8 disclaims any and all liability related to any and all Listings by any Member of the Platform. Members are solely responsible for their Listings and any dealings, commitments, and/or engagements made with any other Members.

1.3. You understand and agree that Gayroom8 is not a real estate broker, a contracting agent, an insurer, nor a bank establishment.

1.4. Gayroom8 is not an owner, operator, lessor, controller, creator, supplier, proprietor, seller, reseller, furnisher, provider or manager of any Listings and/or Rental. Gayroom8 is not acting as an agent in any capacity for any Member.

1.5. Gayroom8 is not and does not become a party to, or otherwise participate in, any contractual relationship between Members, verbal, written, or otherwise. You exclusively determine the price of rent and/or budget, Rental period, and the parties with whom to transact and/or communicate. You act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Gayroom8. Gayroom8 does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically. 

1.6. Gayroom8 does not and cannot control over, neither guarantee (i) the truth or accuracy of any Listings, or any other Member Content (ii) the performance or conduct of any Member or third party and (iii) the existence, quality, suitability to your needs or expectations, safety or legality of any Listings, Rental and any other services provided by any Member.

1.7. Gayroom8 does not endorse any Members, Rental, or services delivered by Members in any way. Any references to a Listing, Member Profile, or Rental as being “verified”, (or any similar language) indicate that a relevant verification or identification process has been completed and does not represent anything more. Any such references are not an endorsement, certification or guarantee by Gayroom8 for the accuracy, suitability, safety or trustworthiness of the referenced, including, without limitation, of any Member's identity, background or future conduct. Any such description or references are only intended to be useful information for evaluation purposes on the Platform. Accordingly, Gayroom8 recommends you always exercise due diligence and care when deciding to have any interaction and to engage in any transaction with any other Member. Gayroom8 is not responsible for any damage or harm, including physical or otherwise, resulting from your interactions with other Members.

1.8. The Platform may contain links to third-party websites or resources. Such third-party websites and resources may be subject to different terms and conditions and privacy practices. Gayroom8 is not responsible or liable for, neither endorsed nor guaranteed, the availability or accuracy of such third-party websites and resources, or their content, products, or related services. You will need to make your own independent judgment regarding your interaction with these third-party websites and resources.

1.9. Due to the nature of the Internet, Gayroom8 cannot guarantee the uninterrupted availability and accessibility of the Platform. Moreover, Gayroom8 may restrict the availability of the Platform, or certain Services (such as payment services), areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of Gayroom8 servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Platform.

1.10. Gayroom8 may improve, enhance and modify the Platform and introduce new Services or delete existing ones at any time.

1.11. Please note that Gayroom8 assumes no responsibility for any Member’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. In particular, Members should identify, understand and comply with all applicable laws, rules and regulations in their respective localities. Laws may restrict the ability to rent a property, or certain types of properties, for short time periods and/or the online advertising of rentals. In some cities, Members may need to register, get a permit, or obtain a license before listing any Rental. Local governments vary as to their enforcement of these laws, such as penalties or citations. Members should review local laws and always seek legal guidance in case of any doubt before publishing a Listing on the Platform.

2. Access & Usage of the Platform

2.1. When using the Platform, it is solely to be used to enable Members to connect with each other and to book any Rental directly with each other.  

2.2. Gayroom8 does not permit Listings associated with certain countries due to U.S. embargo restrictions. You will comply with any applicable export control laws in your local jurisdiction. You may not use the Platform or export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction of your country of residence and any other applicable laws. You also represent and warrant that (i) neither you, nor your Rental are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country ; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties (such as the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List).

2.3. You may view Listings as an unregistered visitor to the Platform. However, to create Listings and have the ability to contact other Platform Members, you must register as a Member of the Platform by completing the registration process and paying the applicable subscription fee.

2.4. Gayroom8 may make access to and use of the Platform, or certain areas or features of the Platform, subject to certain conditions or requirements, such as completing a verification or identification process, meeting specific quality or eligibility criteria, and contacting other Members.  

2.5. The access to or use of certain areas and features of the Platform may be subject to separate policies, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Platform, the latter terms and conditions will take precedence with respect to your access to or use of that specific area or feature, unless specified otherwise.

3. Account Registration

3.1. In order to access certain features of the Platform, such as creating a Listing or Member Profile, you must register to create an account (“Gayroom8 Account”). By registering, you become a Member of the Platform.

3.2. You can create a Gayroom8 Account directly via the Site or Application using an email and creating a password (which may be automatically generated). You can also register, via the Site or Application, through your account (“SNS Account”) with certain third-party social networking sites (“SNS”) such as Facebook, Instagram, and/or Google. As part of the functionality of the Platform, you may link your Gayroom8 Account with SNS Accounts, by either: (i) providing your SNS Account login information to Gayroom8 through the Platform; or (ii) allowing Gayroom8 to access your SNS Account, as permitted under the applicable terms and conditions that govern your use of each SNS Account. You have the ability to disable the connection between your Gayroom8 Account and your SNS Accounts, at any time, by accessing the “Settings” section of the Site and Application. Your relationship with SNS associated with your SNS accounts is governed solely by your agreement(s) with SNS. Gayroom8 is not responsible for any SNS content.

3.3 As you are registering for your Gayroom8 Account online, Gayroom8, subject to any applicable laws, may ask you to provide/upload proof of your identity. Such proof includes, without limitation, a copy of your driver’s license, passport or similar form of identification; a photo of you holding your form(s) of identification next to your face; or a video conference session. 

3.4. Gayroom8 will create your Gayroom8 Account and related profile page (“Member Profile”) based upon the personal information you provided during the ‘Sign Up’ and/or registration process, or that Gayroom8 obtains via a SNS as described above. You agree to provide accurate, current and complete information during the registration process and keep such information updated at any time. 

3.5. If you register as an individual, you may not register for more than one (1) Gayroom8 Account or register for a Gayroom8 Account on behalf of an individual other than yourself. You are not authorized to use your Gayroom8 Account, including, without limitation, to engage in a transaction with another Member, on behalf or for the personal benefit of any other person than you. 

3.6. You are responsible for safeguarding and ensuring the security of your Gayroom8 Account’s credentials. You are also responsible for the confidentiality of your credentials and you will not disclose it to any third party.  You will take sole responsibility for any activities or actions under your Gayroom8 Account, unless (i) you did not authorize such activities and (ii) you immediately reported to Gayroom8 such unauthorized activities, or that your credentials have been, or you suspect your credentials to be, lost, stolen or otherwise compromised.

4. Subscription Fees

4.1. In consideration for the use of certain parts of the Platform, including messaging other Members, Gayroom8 charges “Subscription Fees”. Where applicable, taxes, such as the value-added tax in Europe, may also be charged if required by law in each individual country. 

4.2. Members may purchase one of four subscriptions (i) $19 for seven days of full Platform access; (ii) $39 for one month of full Platform access; (iii) $79 for 3 months of full Platform access; (iv) $129 for six months of full Platform access (“Subscription(s)”). Any Subscription will give Members the ability to message other Members in the Platform using the in-platform messaging feature.

4.3. Subscriptions for one, three and six months will renew automatically and Members will be automatically charged to the credit card used to purchase the initial Subscription at the rates outlined above in Section 4.3.

4.4. Members may cancel their Subscription at any time by accessing the “Settings” section of the Site and Application.

4.5. Gayroom8 reserves the right to change the Subscription Fees rates at any time.

4.6. Service Fees are generally non-refundable, but exceptions can be made at the discretion of Gayroom8.

5. Content, Gayroom8 Content and Member Content

5.1. Gayroom8 may, in its sole discretion, permit you to submit, upload, publish, or otherwise make available on and through the Platform, textual, audio and/or visual or other content and information (“Member Content”). Gayroom8 may, in its sole discretion, enable Members to access and view Member Content and any content that Gayroom8 itself makes available on or through the Platform, including proprietary Gayroom8 content and any content licensed or authorized for use by or through Gayroom8 from a third-party (“Gayroom8 Content”). Member Content and Gayroom8 Content are collectively referred to as “Content”.

5.2. The Platform and Content may be protected, in its entirety or in part, by copyright, trademark, and/or other laws of the United States and foreign countries. You acknowledge and agree that the Platform and Gayroom8 Content, including all associated intellectual property rights, are the exclusive property of Gayroom8 and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform or Content. All trademarks, service marks, logos, trade names and any other proprietary designations of Gayroom8 used on or in connection with the Platform and Gayroom8 Content are trademarks or registered trademarks of Gayroom8. Any other trademarks, service marks, logos, trade names and any other proprietary designations used on or in connection with the Platform and/or Content are the trademarks or registered trademarks of their respective owners.

5.3. Subject to your compliance with these Terms, Gayroom8 grants you a limited non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and install a copy of the Application on a single mobile device or computer that you own or control and (ii) run this copy of the Application solely for your own personal use. Gayroom8 reserves all rights in the Application not expressly granted to you by these Terms. If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End Member License Agreement.

5.4. Subject to your compliance with the terms and conditions of these Terms, Gayroom8 grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) access and view any Gayroom8 Content solely for your personal and non-commercial purposes, and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section “Content, Gayroom8 Content and Member Content”.

5.5.  Any Member Content provided by you remains your property. However, by providing or otherwise making available any Member Content on or through the Platform, you hereby grant Gayroom8 a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Member Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services, Gayroom8's business and on third-party’s websites, application and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

5.6. You represent and warrant that (i) you either are the sole and exclusive owner of all Member Content that you make available through the Platform or you have all rights, licenses, consents and releases necessary to grant Gayroom8 the license to such Member Content as set forth above; and (ii) neither your Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content, nor Gayroom8’s use of your Member Content will infringe, misappropriate or violate any third-party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. 

5.7. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Platform or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Gayroom8 or its licensors, except for the licenses and rights expressly granted in these Terms. 

5.8. Gayroom8 undertakes to remove any clearly illegal Member Content for which it becomes aware of. If you are a European Union resident, you can notify Gayroom8 of the presence of any clearly illegal Member Content on the Platform by contacting Gayroom8 Customer Support, by indicating the following: (i) the notification date; (ii) your name, occupation, residence, nationality, date and place of birth; if you represent a company, the form, name, registered office and legal representative of this company; (iii) the description of the allegedly illegal Content and its precise location on the Site or the Application, (iv) the reasons for which the allegedly illegal Member Content should be removed, including the reference to legal provisions or evidence of facts; and (v) a copy of the correspondence to the author or publisher of the allegedly illegal Member Content asking for their withdrawal or modification, or the justification for what the author or the publisher could not be contacted.

6. Listing Creation

6.1. As a Member, you may create Listings for your Rental. You, as a Member, acknowledge and agree that you are responsible for any and all Listings you post.

6.2. To create a Listing, you will be asked a variety of questions about the Rental you want to list, such as the characteristics, location, and/or calendar availability. Without limitation, you must provide (i) a complete and accurate description of the Rental and (ii) requirements and/or terms that apply as a result of any current lease. You are required to and responsible for (i) keeping your Listing information up-to-date at all times, in particular, calendar availability; and (ii) ensuring that the textual and visual description that you include in your Listing accurately reflects your Rental.

6.3. To create a Listing, you must provide a valid and complete physical address of the location where the Rental is located. Gayroom8 reserves the right to require any supporting documents to verify the address provided. 

6.4. You may also add pictures, animations or videos to your Listing. Such materials must accurately reflect the quality and condition of the Rental. Gayroom8 reserves the right to require that Listings have a minimum number of pictures of a certain format, size and resolution.

6.5. You are solely responsible for setting the monthly rent amount (including any additional charges such as utilities) for the booking of your Listing (“Rent”). You may not list nightly rates- you may only list Rent as a monthly rate. Gayroom8 reserves the right to delete any Listing that does not meet this requirement.

6.6. The placement and ranking of Listings in search results on the Platform may vary and depend on a variety of factors, such as, without limitation, Member search parameters and preferences, Member requirements, price and calendar availability, number and quality of Listings, pictures, etc.

6.7. Gayroom8 reserves the right to process the verification of any Rental by asking you to provide a copy of the utility bill (electricity or telephone bill) with your name and address. This security measure allows Gayroom8 to verify the Rental actually exists. You understand and agree that this verification effort made by Gayroom8 will not change that you remain responsible for ensuring your Rental is faithfully represented in your Listing.

6.8. Gayroom8 reserves the right, at any time and without prior notice, to remove or disable access of any Listing if the Listing or the Rental listed, is found to be in violation of these Terms, any applicable laws (such as local housing laws) or otherwise harmful to the Platform and its reputation. If so, you will receive a notification explaining the reasons behind such a removal or disablement decision.

6.9. Please note that Gayroom8 does not currently charge fees for the creation of Listings. However, you, as a Member, acknowledge and agree that Gayroom8 reserves the right, in its sole discretion, to charge you Subscription Fees for the creation of Listings. Gayroom8 will provide notice of any charge of fees for the creation of a Listing via the Platform, prior to implementing such fees. If you disapprove of such a change, the only remedy for you will be to stop using the Platform.

6.10. You represent and warrant that any Listing you post and the booking of, or a Members stay at your Rental, will (i) not breach any agreements you have entered into with any third parties, such as homeowner’s association, condominium, or other agreements (such as leases), and (ii) comply with all applicable laws (such as tourism and zoning laws), Taxes requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Member, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any Members or individuals who reside at or are otherwise present at the Rental at your request or invitation.

7. Disputes between Members

7.1. Any actual or potential agreement or transaction between Members and their ability to enter in such a transaction; any Member Content (as defined in Section 5), including, without limitation, Listings, their quality, condition, safety or legality; are solely the responsibility of each Member.

7.2. If you have a dispute with another Member, you must resolve this dispute directly with the other Member. Gayroom8 disclaims all liability and will not provide mediation nor assist in resolving any disputes between Members.

8. Payment Services  

8.1. General Terms on payment services

8.1.1. You hereby authorize Gayroom8 to collect from you amounts due for any Subscription Fees in connection with your Gayroom8 Account.

8.1.2. You authorize Gayroom8 to charge, as outlined in these Terms, your Payment Method or Payout Method that you have linked to your Gayroom8 Account.

8.1.3. Any refunds or credits due to a Member pursuant to these Terms will be initiated and remitted by Gayroom8. All refunds may be subject to these Terms.

8.1.4. Gayroom8 will process payments either directly or indirectly, by working with various third-party payment processors (“Third-Party Payment Processors”) or via one of the payment methods described on the Site or Application.

8.1.5. Gayroom8 may charge fees for use of certain Services related to payments and any applicable fees will be disclosed to you via the Platform before you make or accept payments when using such Services.

8.1.6. In case there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to the collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.

8.1.7. Gayroom8 will take steps, directly or indirectly (via third-parties such as your bank) to rectify any payment processing errors that Gayroom8 becomes aware of. These steps may include crediting or debiting (as appropriate) the same Payment Method or Payout Method used for the original Payment by or Payout to you, so you end up receiving or paying the correct amount. You agree that in the event you have already been paid, Gayroom8 will be entitled to recover the amount of any payment errors. Gayroom8 will use reasonable measures to try to correct any payment processing errors that Gayroom8 becomes aware of after you report an error in writing to us.  

8.2.  Payment Methods

8.2.1. You must link to your Gayroom8 Account a Payment Method in order for Gayroom8 to, respectively, collect payment from you. When you do so, you will be asked to provide customary billing and/or banking information, such as name on the account, billing address and credit card or bank account information (“Payment Method”) either to Gayroom8 or its Third-Party Payment Processor(s).

8.2.2. When you add or use a new Payment Method, Gayroom8 may verify the Payment Method by (i) authenticating your account via a third-party payment services provider, or (ii) pre-authorizing a nominal amount. In such cases, Gayroom8 will release the hold once the verification terminated. For further verification, Gayroom8 may also require you to upload a billing statement. You authorize Gayroom8 to perform these verifications on your Payment Method.

8.2.3. You must provide accurate, current, and complete information when adding a Payment Method. You must keep your Payment Method up-to-date at all times. You understand that Gayroom8 is not responsible for any funds transaction failure or loss due to incorrect Payment Method information provided by you.

8.2.4. You understand applicable third-party payment services providers associated with your Payment Method may (i) charge you additional fees when Gayroom8 processes payments from you or to you, and (ii) impose delays on your payment. Gayroom8 is not responsible for any such fees and/or delays and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms and conditions, and privacy policies, imposed by the applicable third-party payment services providers, that you should review before linking your Payment Method to your Gayroom8 Account.

8.3. Third-Party Payment Processors

8.3.1. Gayroom8 works with one or various Third-Party Payment Processor(s) to collect payment from Members.

8.3.2. You understand and agree Gayroom8 is not responsible for (i) the ability of Third-Party Payment Processors to make their payment services they provide available at any times, (ii) any delays in the provision of payment services by Third-Party Payment Processors, and (ii) the damageable acts and omissions of Third-Party Payment Processor in providing payment services to you.

8.3.3. Gayroom8’s payment services may incorporate or link to Third-Party Payment Processors websites or resources. Such websites or resources are subject to different terms and conditions and privacy policies and Members should review them independently. You understand Gayroom8 is neither responsible nor liable for the availability or accuracy of such websites or resources.

8.3.4. Your access to or use of certain payment services provided by Third-Party Payment Processors may be subject to, or require you to accept, additional terms and conditions and privacy policies. If there is a conflict between these Terms and applicable terms and conditions of a Third-Party Payment Processor, the latter terms and conditions will take precedence with respect to your use of or access to the payment services, unless specified otherwise.  

9. Foreign Currency and Conversion

9.1. Each foreign currency conversion is processed at a foreign currency conversion rate for the amount of one (1) currency that must be paid to buy a certain amount of another currency at a given time. Currency conversion rates will vary from time to time.

9.2. Please note that Gayroom8 may impose or deduct foreign currency processing costs on or from any payments to Gayroom8 in currencies other than U.S. dollars (“USD”). More information on any such costs or deductions will be available via the Platform.

9.3. Please note that third-party payment services providers (such as your credit or bank card issuers) will use a currency conversion rate for and may impose a currency conversion fee on your Subscription Fees payment.

10.  Taxes

10.1. As a Member, you understand and agree that you are solely responsible for knowing and complying with local tax regulations. In particular, you are responsible in determining your obligations to mention in your Listing, collect, report and/or remit to the appropriate local governmental agencies, departments or authorities (“Tax Authorities”) any applicable income taxes, value added taxes, sales taxes, Occupancy Taxes (as defined below) and/or any other applicable taxes (collectively “Taxes”).

10.2. You understand and acknowledge that the Tax Authority where your Rental is located may require you, to collect taxes from other Members for the right to use and/or occupy your Rental, and to remit such taxes to the appropriate Tax Authority. Such taxes may be locally referred to as “occupancy taxes”, “hotel taxes”, “lodging taxes”, “transient taxes”, “sales and use taxes”, “value added taxes”, “room taxes”, “tourist taxes” or other titles ("Occupancy Taxes"). The laws in jurisdictions may vary, but Occupancy Taxes are generally required to be collected and remitted as a percentage of the rent paid by the Member, a set amount per Member and per day, or other variations.

11. Member Conduct

11.1. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your access and use of the Platform. In connection with your access and use of the Platform, you will not and you agree that you will not advocate, encourage, or assist any third-party to (i) violate any local, state, provincial, national, or other law or regulation, or any order of a court and any agreement with any third-parties; (ii) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights, or (iii) use, export, re-export, import, or transfer the Application, except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws.

11.2. In connection with your access and use of the Platform, you will not and you agree that you will not advocate, encourage, or assist any third-party to:    

Breach these Terms and policies included herein by reference;     

Submit any Listing with false or misleading price information, or submit any Listing with a Rent price that you do not intend to honor;    

Offer as a Member any Rental that you do not yourself own or have permission to make available to be leased or subleased, through the Platform, pursuant to any applicable law or the terms and conditions of an agreement with a third-party, including, without limitation, a property rental agreement;    

Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;    

Contact any Member for any purpose other than asking a question related to a Listing;   

Recruit or otherwise solicit any Member to join third-party’s websites, applications or services without Gayroom8’s prior written approval;     

Use the Platform for any commercial or other purposes that are not expressly permitted by these Terms;  

Use the Platform or Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a Rental;    

Copy, store or otherwise access any information contained on the Platform, including without limitation, personally identifiable information about any other Member, in any way that inconsistent with these Terms, the Gayroom8 Privacy Policy or that otherwise violates the privacy rights of any other person;   

Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Gayroom8 or any of Gayroom8’s providers or any other third-party (including another Member) to protect the Platform and/or personal data of any other Members;    

Use, display, mirror or frame the Platform or Content, or any individual element within the Platform, Gayroom8’s name, any Gayroom8 trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Platform, without Gayroom8’s express written consent;     

Dilute, tarnish or otherwise harm the Gayroom8 brand in any way, including through unauthorized use of Content, registering and/or using Gayroom8 or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Gayroom8 domains, trademarks, taglines, promotional campaigns or Content;    

Use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content;    

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;     

Access, tamper with, or use non-public areas of the Platform, Gayroom8’s computer systems, or the technical delivery systems of Gayroom8’s providers;    

Reproduce or circumvent the navigational structure or presentation of the Site and Application or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site or Application;    

Probe, scan or test the vulnerability of the Platform or any network connected to the Site or Application, nor breach the security or authentication measures on the Platform or any network connected to the Platform; or     

Take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.

11.3. In connection with your access to and use of the Platform, you will not, and you agree that you will not advocate, encourage, or assist any third-party to (i) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or (ii) otherwise engage in any violent, harmful, abusive or disruptive behavior. The terms and conditions of the Gayroom8 Anti-Discrimination Policy are incorporated by reference into these Terms.

11.4. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Platform. In connection with your access and use of the Platform, you agree that you will not post, upload, publish, submit or transmit any Member Content, including without limitation that:

• (i) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
• (ii) is fraudulent, false, misleading or deceptive; (iii) is defamatory, libelous, obscene, pornographic, vulgar or offensive;
• (iv) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
• (v) is violent or threatening or promotes violence or actions that are threatening to any other person; or
• (vi) promotes illegal or harmful activities or substances. The terms and conditions of the Gayroom8 Content Policy are incorporated by reference into these Terms. 

12. Termination of Gayroom8 Account & other measures

12.1. You may terminate these Terms at any time by deleting your Gayroom8 Account. You can delete your Gayroom8 account via the deletion feature in the ‘Settings’ section on your Gayroom8 Account, or by contacting the Gayroom8 Customer Support. By deleting your Gayroom8 Account you understand that any of your Listings will be deleted.

12.2. Gayroom8 may immediately, without prior notice, delete your Gayroom8 Account (i) when such action is deemed necessary for Gayroom8 to (i) comply with any legal requirements; (ii) if you have clearly, seriously, or repeatedly violated these Terms, any other Gayroom8 policies, any applicable laws or third-party rights; or (iii) if Gayroom8 believes in good faith that such an action is reasonably necessary for any other reasons, including, without limitation to avoid significant harm to Gayroom8, other Members or third parties.

12.3. If you have (i) clearly, seriously or repeatedly violated these Terms, any other Gayroom8 policies, or violated any applicable laws or third-party rights, or (ii) or if Gayroom8 needs to comply with any legal requirements, (iii) receives complaints and evidences of your conduct, or (iv) believes in good faith that such an action is reasonably necessary to prevent illegal activity and/or significant harm to Gayroom8, other Members or third-parties; then Gayroom8, in its sole discretion, may take the following measures, with or without prior notice or explanation to you:

• The temporary or permanent suspension of your Gayroom8 Account, meaning your Gayroom8 Account will not be deleted but your access to it will be blocked;
• The temporary or permanent limitation of your access and use of the Platform;
• The temporary or permanent removal, of all and/or any of your Member Content, or the refusal to remove any Member Content.

12.4. If Gayroom8 takes any of the measures detailed in this section “Termination of Gayroom8 Account & other measures”, you will not create a new Gayroom8 Account or use the Gayroom8 Account of another Member to circumvent Gayroom8’s decision to implement such measures.

13.  Copyright and Trademark Infringements

13.1. Gayroom8 respects the intellectual property rights of others, and Gayroom8 requires you to do the same when interfacing with the Site and/or Application. Gayroom8 may, in appropriate circumstances and at its sole discretion, disable or terminate service and/or access to the Site and/or Application for Members who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

13.2. In accordance with the Digital Millennium Copyright Act of 1998, Gayroom8 will respond expeditiously to claims of copyright infringement committed using the Site or the Application that are reported to Gayroom8.

13.3. If you are the intellectual property rights owner or the owner's authorized agent, and you believe that your work is the subject of copyright infringement and/or trademark infringement taking place on or through the Site or Application, please deliver to Gayroom8 a DMCA notice of alleged infringement (“Notice”) providing the following information:

• (i) Identification of the copyrighted and/or trademarked work you claim to have been infringed, or, if multiple copyrighted works are covered by a single notice, a full list of such works that you claim have been infringed;
• (ii) Identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site and/or Application, and information reasonably sufficient to permit Gayroom8 to locate the material;
• (iii) Information sufficient to permit Gayroom8 to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
• (iv) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law;
• (v) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of an exclusive right under the copyright that is allegedly infringed; and
• (vi) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

13.4. Deliver this Notice with all required information completed, to Gayroom8’s Designated Copyright Agent by mail or email: Gayroom8, Attn: DMCA Administrator, 1610 Meridian Ave, Ste. 1, Miami Beach, FL 33139; email: support@gayroom8.com.

13.5. Upon receipt of the Notice as described above, Gayroom8 will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Application. Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

14. Disclaimers

14.1 If you use the Platform and the Content, you do so at your sole risk. The Platform and the Content and are provided “as is”, without warranty of any kind, either express or implied. Gayroom8 explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Gayroom8 makes no warranty regarding the quality of any Listings, Rental, or the accuracy, timeliness, truthfulness, completeness or reliability of any materials obtained through the Platform. Gayroom8 makes no warranty that the Platform will meet your requirements or expectations, or be available on an uninterrupted, secure, or error-free basis. 

14.2 You assume the risk of staying at a Rental and using any of the facilities or objects you find in a Rental. Gayroom8 disclaims all liability for any accidents, including, without limitation, lifelong injuries, drownings and deaths, at a Rental.

14.3 Any actual or potential agreement or transaction between Members, including the quality, condition, safety or legality of the Rental and the truth or accuracy of the Listings, the ability of Members to rent a Rental, or the ability of Members to contract for Rental, are solely the responsibility of each Member and not the responsibility of Gayroom8. 

14.4 Gayroom8 makes no representations or warranties as to the conduct of Members of the Platform or their compatibility with any current or future Members of the Platform. Gayroom8 has no control over the conduct of Members of the Platform and explicitly disclaims all liability for any acts or omissions of any Members, or third-parties, including, without limitation, for sexual or other assault, moral or physical harassment, discrimination and/or physical aggression. You acknowledge and agree that Gayroom8 is not obligated to conduct identity verification or background checks on any Member, but may conduct such background checks in its sole discretion. If Gayroom8 chooses to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, Gayroom8 disclaims warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future. 

14.5 You solely are responsible, and agree to take reasonable precautions, for all of your communications and interactions with other Members and with other persons with whom you communicate or interact as a result of your use of the Platform, particularly if you decide to meet offline or in person. You understand that Gayroom8 does not make any attempt to verify the statements of Members or any other Members of the Platform, or to review or visit any Rental.

14.6 You acknowledge and agree that you, as a Member, are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Rental at your request or invitation.

14.7 You agree that you have had whatever opportunity you deem necessary to investigate the Gayroom8 Services, laws, rules, or regulations that may be applicable to your Listings as a Member. You agree you are not relying upon any statement of law or fact made by Gayroom8 relating to a Listing. No advice or information, whether oral or written, obtained from Gayroom8 or through the Platform, will create any warranty not expressly made herein.

14.8 By using the Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Gayroom8 with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Platform regarding any Listings posted or made by you.

14.9 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

15. Limitation of liability  

15.1. Unless your country of residence is in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Platform, Content, your publishing or booking of any Listing via the Platform, your stay at a Rental, or any contact you have with other Members whether in person or online remains with you. Neither Gayroom8 nor any other party involved in creating, producing, or delivering the Platform or Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these:

• (i) Terms,
• (ii) from the use of or inability to use the Platform or Content,
• (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate or interact as a result of your use of the Platform or Content, or
• (iv) from your listing or booking of any Rental via the Platform, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Gayroom8 has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

15.2. If your country of residence is in the EU, Gayroom8 is liable under statutory provisions for assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health by Gayroom8, its legal representatives, directors, or other vicarious agents. Gayroom8 is liable for any negligent breaches of essential contractual obligations by Gayroom8, its legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of Gayroom8 in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of Gayroom8 is excluded.

16. Indemnification 

16.1 You agree to indemnify, defend and hold GAYROOM8.COM, LLC. and its affiliates and subsidiaries, including, but not limited to, their officers, directors, employees and agents, harmless from and against any and all costs, claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

• (i) your violation of these Terms or Policies,
• (ii) your access to or use of the Platform and Content, or by any person using your Member name and/or password ;
• (iii) your Member Content or reliance on Content;
• (iv) your (a) interaction with or disputes with any Member, (b) booking of a Rental or (c) creation of a Listing; (v) the use, condition or rental of a Rental by you, including but not limited to any injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Rental, booking or use of a Rental.

17. Dispute Resolution and Binding Arbitration Provision  

17.1. This Dispute Resolution and Binding Arbitration Provision shall apply if (i) you are a resident of the United States of America; or (ii) you are not resident of the United States but bring any claim against Gayroom8 in the United States of America (to the extent not in conflict with the section “Applicable law and jurisdiction” below). 

17.2. Definition. As used in this Dispute Resolution and Binding Arbitration Provision, the term “Gayroom8” refers to GAYROOM8.COM, LLC including its subsidiaries and agents. The terms “you” and “your” refer to you as an individual and any legal entity you control, work for, or represent when you access or use the Platform. The term “Claims” means all claims, disputes, or controversies between you and Gayroom8 of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the Gayroom8. This includes but is not limited to disagreements about the validity, enforceability, or scope of this Dispute Resolution and Binding Arbitration Provision.

17.3. Informal Efforts to Resolve Dispute. If a dispute arises between you and Gayroom8, you should first attempt to resolve it by contacting the Gayroom8 Customer Support by email or by sending the details of your complaint, including your contact information for a response, to the Gayroom8 address as listed in the introduction of these Terms. Gayroom8 will attempt in good faith to resolve all Claims submitted this way in a timely manner after being notified of such Claims. 

17.4. Agreement to Arbitrate. If informal efforts to resolve Claims fail or are not used, you agree that any and all Claims will be resolved exclusively by binding arbitration as described herein, except that:

• (i) you may assert Claims in a small claims court in the United States if your Claims meet the court’s jurisdictional requirements; and
• (ii) either party may pursue Claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award to you on an individual basis the same damages and forms of relief as a court could (including injunctive and declaratory relief as well as statutory damages), and must follow the law and these Terms as a court would. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT PERMITTED.

 

17.5.  Right to Opt Out. IF YOU DO NOT WISH TO BE BOUND BY THIS DISPUTE RESOLUTION AND BINDING ARBITRATION PROVISION, YOU MUST NOTIFY Gayroom8 IN WRITING WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST ACCEPT OR HAVE ACCESS TO THESE TERMS BY MAILING AN OPT-OUT REQUEST TO THE Gayroom8 CUSTOMER SERVICE SUPPORT CONTACT LISTED BELOW. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS, THE EMAIL ADDRESS YOU USED TO REGISTER WITH Gayroom8, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH Gayroom8 THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS DISPUTE RESOLUTION AND BINDING ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH Gayroom8 OR THE DELIVERY OF SITE, APPLICATION AND/OR SERVICES TO YOU BY Gayroom8. IF YOU HAVE PREVIOUSLY NOTIFIED Gayroom8 OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.

17.6. Arbitration Fees. The allocation and payment of all filing, administration and arbitrator fees will be governed by the rules of the JAMS (“JAMS”), which limit the amount a consumer is required to pay. If the arbitrator determines that your Claims are not frivolous applying the standards of the U.S. Federal Rules of Civil Procedure, Gayroom8 agrees to reimburse you the amount of all filing, administration and arbitrator fees you are required to pay for the arbitration. 

17.7. Arbitration Rules. The arbitration will be conducted by the JAMS under its rules if you are a resident of the United States; if your use of the Site, Application and/or Services has been principally for personal or household use, the JAMS’ procedures for consumer-related disputes including the minimum fairness standards will also apply. If you are a resident of a country other than the United States or a Member State of the European Union, the arbitration will be conducted by the JAMS in Miami, Florida, under its rules for international arbitration, and you and Gayroom8 agree to submit to the personal jurisdiction of the U.S. federal court in Miami, Florida in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. If you are a resident of a country within the European Union, the arbitration will be conducted by the JAMS in Paris, France, under its rules for international arbitration, and you and Gayroom8 agree to submit to the personal jurisdiction of the courts in Paris, France in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event of a conflict or inconsistency between the applicable arbitration rules and this Dispute Resolution and Binding Arbitration Provision, this Dispute Resolution and Binding Arbitration Provision shall govern and control. The arbitration will be conducted in the English language by a single arbitrator who is a licensed trial attorney or licensed trial lawyer with at least fifteen (15) years’ experience in consumer and technology transactions and who is also a member of the JAMS roster of arbitrators. If you and Gayroom8 cannot agree on a mutually acceptable arbitrator within fifteen (15) days after the arbitration is initiated, then the JAMS will pick a neutral arbitrator who meets the qualifications. The JAMS rules are available at https://www.jamsadr.com, or by calling the toll free number: 1-800-352-5267 from inside the United States or +44 207 583 9808 from outside the United States.

17.8. Initiating Arbitration. To begin an arbitration proceeding, you must follow the procedures specified by the applicable JAMS rules as described on their website at https://www.jamsadr.com.

17.9.  Time restriction. YOU MUST FILE A COMPLAINT WITH JAMS OR A PERMITTED COURT WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE. 

17.10. Arbitration Process. Because appearing in person for arbitration can be unduly burdensome in the circumstances, arbitration under this Dispute Resolution and Binding Arbitration Provision shall not require any personal appearance by the parties or witnesses unless mutually agreed. Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator. The arbitration proceedings will be conducted in the English language at a location designated by the JAMS that is the most convenient for you. The arbitration can only decide Claim(s) between you and us, and may not consolidate or join the claims of other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for in the applicable JAMS rules. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. In conducting the arbitration proceeding, the arbitrator will apply the law of the State of Florida (without regard to its conflicts of law provisions) including U.S. federal law for matters covered by federal law (e.g. the Federal Arbitration Act). At the request of any party, the arbitrator shall provide a brief written explanation of the basis for the decision and award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding on the parties except for any right to appeal under the JAMS rules or the Federal Arbitration Act.

17.11. Recovery and Attorneys’ Fees. If the arbitrator rules in your favor on the merits of any Claim you bring against Gayroom8 and issues you an award that is greater in monetary value than the last written settlement offer made by Gayroom8 to you before written submissions are made to the arbitrator, then Gayroom8 will

• (i) pay you one hundred and fifty percent (150%) of your arbitration damages award, up to one thousand U.S. dollars (USD$1,000)  over and above your damages award; and
• (ii) pay your reasonable attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably incurred for investigating, preparing, and pursuing your Claim in arbitration. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of such fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits. The right to attorneys’ fees and expenses discussed above supplements any right to attorneys’ fees and expenses you may have under applicable law, although you may not recover duplicative awards of attorneys’ fees or costs. If your use of the Site, Application and/or Services was principally for personal or household use, neither party will be entitled to any award of punitive or special damages and Gayroom8 waives any right it may have to seek an award of attorneys’ fees and expenses from you in connection with any arbitration of Claims between you and Gayroom8.

17.12. Confidentiality. You and Gayroom8 shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Dispute Resolution and Binding Arbitration Provision and, with the exception of disclosure to your or Gayroom8’s attorneys, accountants, auditors, and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law.

17.13. Continuing Obligation to Arbitrate; Severability. This Dispute Resolution and Binding Arbitration Provision shall survive termination of your access to or use of any Site, Application and/or Services and these Terms. If any portion of this Dispute Resolution and Binding Arbitration Provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Dispute Resolution and Binding Arbitration Provision. Gayroom8 Customer Support contact: GAYROOM.COM, LLC ATTN: LEGAL/ARBITRATION 1610 Meridian Ave Ste. 1 Miami Beach, FL, 33139 USA Email: support@gayroom8.com

18. Feedback. Gayroom8 encourages you to provide any feedback, suggestions and ideas (“Feedback”) to improve the Platform by any means of communication. You understand that Feedback will be considered non-confidential and non-proprietary to you. By providing Feedback to Gayroom8, you irrevocably and perpetually grant Gayroom8 a non-exclusive, worldwide, sub-licensable, royalty-free license to use and publish those ideas and materials for any purpose, without compensation to you.

19. Applicable Law and Jurisdiction

19.1. If you are a resident of the United States, these Terms are governed by the substantive and procedural laws of the State of Florida and United States federal law, without regard to its conflicts of law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Dispute Resolution and Binding Arbitration Provision must be brought before state or federal court in Miami, Florida, unless you and Gayroom8 both agree to some other location. You and Gayroom8 both consent to venue and personal jurisdiction in Miami, Florida, USA.

19.2. If you are a consumer and your country of residence is a Member State of the European Economic Area, you agree that French law will govern these Terms will be governed by and construed in accordance with French law, unless mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of French law. Any disputes arising out of these Terms will be brought before a competent court of your country of residencer.

19.3 Please note that, as part of the mediation mechanism maintained by Gayroom8, you can also submit any dispute related to the interpretation or the execution of these Terms to the Online Dispute Resolution (ODR) platform provided by the European Commission (in accordance with Regulation (EU) n° 524/2013 of May 21, 2013). You must have submitted your claim beforehand your claim to the Gayroom8 Customer Support in writing, before contacting the ODR platform.   

19.4 Furthermore, if you are a consumer resident in France, in accordance with articles L611-1 and following, and article R612-1 of the French Consumer Code, in the event of any dispute of a contractual nature related to the execution of the Gayroom8 Gift Card Conditions, that could not be settled directly with Gayroom8 by submitting it beforehand in writing to the Gayroom8 Customer Support, the consumer may go to mediation for free. The consumer can contact the Association Nationale des Médiateurs (ANM) by mail at: ANM, 62, rue Tiquetonne 75002 Paris, France; or by email by filling the online form at www.anm-conso.com.

19.5. In all other cases, meaning if you are acting as a business or if you are not a resident of the European Economic Area and of the United States, you agree that French law will govern these Terms and any dispute arising out of these Terms will be brought before French courts. Before bringing any dispute against Pinklab360 to court, you, as a Member, shall use free mediation with a consumption mediator before any trial. For this, you must write a complaint to Pinklab360, prerequisite to the admissibility of the request for mediation. Failing amicable agreement, the dispute will be brought before the competent jurisdiction as outlined above. Mediator contact information is available on the website http://www.mtv.travel/

20. Terms modifications

20.1. Gayroom8 reserves the right to modify these Terms at any time in accordance with this provision. If Gayroom8 modifies these Terms, Gayroom8 will post the modified Terms on the Site and Application and change accordingly the date of update at the beginning of these Terms. Gayroom8 will notify you of the modification by email at least thirty (30) days before the date they become effective.

20.2. If you disagree with the modified Terms, you may terminate these Terms with immediate effect. Gayroom8 will inform you about your right to terminate these Terms in the email notifying the Terms modifications. In the absence of termination of the modified Terms before the date they become effective, your continued access to and use of the Platform will indicate that you agree to be bound by the modified Terms.

21. Miscellaneous

21.1. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire agreement between Gayroom8 and you regarding the access to and use of the Platform. These Terms supersede any and all prior oral or written understandings or agreements between Gayroom8 and you in relation to your access to and use of the Platform. 

21.2. The failure of Gayroom8 to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Gayroom8.

21.3. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties to these Terms. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

21.4. By using the Platform, your relationship with Gayroom8 is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Gayroom8 for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Gayroom8. As a Member, Gayroom8 does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically. You acknowledge and agree that you have complete discretion whether to list your services as a Member or otherwise engage in other business or employment activities.

21.5. If for any reason, any provision of these Terms are held to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

21.6. You may not assign, transfer or delegate these Terms, by operation of law or otherwise, without Gayroom8’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Gayroom8 may assign, transfer or delegate these Terms, at its sole discretion, without restriction.

21.7. Unless specified otherwise, any notices or other communications permitted or required under these Terms, including, without limitation, notifications of the modification of these Terms, will be provided by Gayroom8 electronically:

• (i) via email (in each case to the last electronic address that you provided on your Gayroom8 Account) and/or
• (ii) by posting on the Site or on the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

21.8. Gayroom8 is not affiliated, endorsed, or otherwise associated with Airbnb, misterb&b, nor any other vacation rental platform.