Terms of Use

Roundism TERMS OF USE
Date Last Modified: April 28, 2010

PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

Roundism, LLC owns and operates www.roundism.com (the "Website"). This Terms of Use Agreement (the "Agreement") states the terms and conditions under which a user ("User") may access and use the Website.

  1. Residency and Age. The Website is intended for users who are at least the age of majority in the state, province, or county they reside. Access to this website by minors is prohibited, and by accessing this website, User represents and warrants that he/she is of the applicable age of majority.

  2. Acceptance of Terms of Use. By accessing and using the Website, User hereby accepts and agrees to the Agreement's terms and conditions. Should User NOT accepting the terms and conditions, User must neither access nor use the Website. Roundism hereby reserves the right to alter the Agreement at its sole discretion and without notice.

  3. Disclaimer. The Website and the entirety of its contents are provided "as is," and Roundism hereby disclaimers all warranties express and implied including, but not limited to, warranties of merchantability and fitness for a particular purpose. Roundism expressly disclaims any representation that:

    1. the Website will meet User's requirements;
    2. access to the Website will be uninterrupted, timely, secure, or error-free;
    3. any information obtained through or from the Website will be accurate or reliable;
    4. the quality of any products, services, information, or other material purchased or obtained by you through the website will meet expectations;
    5. any User-provided information will not be disclosed to third parties; or
    6. any data or software errors will be corrected.

    Roundism will not be held responsible for technical malfunctions of any telephone system, computer equipment, server, provider, or software. Roundism will not be held responsible for any injury or damage to User's computer resulting from use of the Website including, but not limited to, web page viewing, file downloading, or following links. User accesses the Website and his/her own risk, and is singularly responsible for any loss, damage, or costs incurred during such activity. Roundism shall not be responsible for any incorrect or inaccurate content posted on the website, regardless of the cause of such inaccuracy. Roundism shall not be responsible for any conduct of any User of the Website. Roundism shall not be responsible for any error, omission, interruption, deletion, defect, operational delay, communication line failure, or theft, destruction, or alteration of User's communications. No data or information obtained from Roundism will create any warranty.

  4. User Content. The Website may provide features which allow User to post or submit content ("User Content") to or through the Website including, without limitation, photographs, messages, commentary, documents, images, software, files or any other information or material. User is solely responsible for User Content that he/she posts or submits to or through the Website. Roundism does not monitor or approve User Content posted or submitted to the Website by any other User. We may, in our sole and unfettered discretion, edit, remove or delete any User Content.

    As a condition of accessing and using the Website, User agrees not to post or submit User Content that:

    1. is unlawful, threatening, abusive, libelous, defamatory, slanderous, obscene, vulgar, pornographic, profane, or indecent, including without limitation, User Content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law or regulation;
    2. violates or infringes upon the rights of others, including without limitation, privacy or publicity rights, intellectual property rights, (including without limitation, copyright, patent, trade secret, or trademark rights), or other rights, without first obtaining permission from the owner or rights holder;
    3. promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of majority in a sexual or violent manner, provides instructional information about illegal activities including, without limitation, the making or buying of illegal weapons;
    4. solicits passwords, financial information, or personal identifying information from users for commercial or unlawful purposes;
    5. contains a virus or other harmful component, or provides or creates computer viruses; or
    6. constitutes junk mail, chain letters, unsolicited mass mailing or spam;

    The foregoing is a partial list of the kind of User Content that is illegal and/or prohibited on the Website. Roundism reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this section including, without limitation, removing the offending User Content from the Website and terminating the violator's access to the Website.

    By posting or submitting User Content to or through the Website, User automatically grants, and represents and warrants, that he/she has the right to grant, to us and our licensees, affiliates, successors, and assigns, a perpetual, irrevocable, worldwide, non-exclusive, fully paid-up, royalty-free, license ("License") to promote the User Content in any form, in all media now known or hereinafter created, anywhere in the world, and for any purpose ("Purposes").

    User waives ("Waiver"), represents, and warrants that he/she has obtained the waiver of any and all moral rights in User Content that he/she submits or posts to or through the Website including, without limitation, rights of attribution, rights of integrity, and any similar rights in any jurisdiction in the world.

    User represents and warrants that he/she has obtained all necessary consents, approvals, and authority from any individual whose likeness appears in any User Content that User posts or submits to or through the Website to: 1) post and submit such content on or through the Website; and 2) permit us and our licensees, affiliates, and successors to use such content for the Purposes, as described above.

    User further represents and warrants that Roundism's exercise of any of its rights under the License will not violate or infringe upon the rights of others, including without limitation, privacy or publicity rights, intellectual property rights, or other rights.

  5. General Use of Website.

    User agrees to act responsibly in a manner demonstrating the exercise of good judgment. You agree not to:

    1. use any content or information available through the Website for any unauthorized purpose;
    2. interfere with or damage the Website 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, including methods that in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;
    3. collect or store any information about any other user other than in the course of the permitted use of the Website;
    4. impersonate any person or entity;
    5. remove any copyright, trademark, or other proprietary right notices contained in the Website;
    6. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Website or any software used on or for the Website; or
    7. assist any third party in doing any of the foregoing.

  6. Interactions with Other Website Users. User is solely responsible for his/her interactions with other users of the Website, including the User Content User posts in the public areas of the Website and in his/her messages to other Users. Roundism will not be responsible for any damage or harm resulting from User's interactions with other users of the Website.

    User understands that Roundism does not in any way screen users, nor does it inquire into the backgrounds of its users or attempt to verify their statements. Roundism makes no representations or warranties as to the conduct of users or their compatibility with any current or future users. Roundism reserves the right, but has no obligation, to monitor all interactions between users and to take any action in good faith to restrict access to or the availability of any User Content that Roundism or another user may consider to be illegal or prohibited on the Website.

    Messages sent between users which are not readily accessible to the general public may be reviewed by Roundism for compliance with this Agreement, but will be treated as private to the extent required by applicable law. User is solely responsible for, and agrees to take reasonable precautions in, all interactions with other users, particularly if Users decide to meet offline or in person.

    User should not provide his/her financial information (for example, your credit card or bank account information) to other users.

  7. Links. The Website may contain links to other World Wide Web sites or resources. User acknowledges and agrees that Roundism is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. User further acknowledges and agrees that Roundism shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such website or resource.

  8. Proprietary Rights. All content and materials available on the Website are protected under U.S., foreign, or other laws, and are owned by Roundism, its licensors, or the party accredited as the provider. User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials or content available on the Website (including User Content submitted by users other than yourself), other than expressly set out herein.

  9. Registration. To use certain features of the Website, User may be asked to register with the Website. User agrees: 1) to provide true, accurate, current, and complete information ("User Information") about himself/herself as prompted by any registration form; and 2) to maintain and promptly update his/her User Information to keep it true, accurate, current, and complete. If we have reasonable grounds to suspect that User Information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your access to and use of the Website (or any portion thereof).

    YOU HEREBY CONSENT, APPROVE AND AUTHORIZE US AND OUR LICENSEES, AFFILIATES, SUCCESSORS, AND ASSIGNS, TO: 1) COLLECT, USE, STORE, AND DISCLOSE YOUR USER INFORMATION FOR ANY PURPOSE IN OUR SOLE DISCRETION, WHETHER COMMERCIAL OR NON-COMMERCIAL; AND (2) SELL YOUR USER INFORMATION TO THIRD PARTIES FOR PROFIT WITHOUT ANY COMPENSATION TO YOU.

    You may be required to select a username and password when completing the registration process. User is solely and fully responsible for maintaining the confidentiality of your username and password, and User is solely and fully responsible for all activities that occur under your username and password. You agree to: 1) immediately notify us of any unauthorized use of your username and password or any other breach of security; and 2) ensure that you log off from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

  10. Limits on Liability. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR OUR SUCCESSORS OR ASSIGNS (COLLECTIVELY THE "ROUNDISM RELATED PARTIES"), BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO, OR CONNECTED WITH: 1) THE AVAILABILITY OF THE WEBSITE; 2) THE ACTS, OMISSIONS, OR CONDUCT OF ANY USER, ADVERTISER, OR THIRD PARTY, WHETHER ONLINE OR OFFLINE; 3) ANY CONTENT ON THE WEBSITE INCLUDING, WITHOUT LIMITATION, USER CONTENT POSTED OR SUBMITTED TO OR THROUGH THE WEBSITE; 4) THE COST OR REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; 5) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS, OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEBSITE LINKED TO OR FROM THE WEBSITE; 6) DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF USER CONTENT OR USER INFORMATION; OR 7) ANY OTHER MATTER ARISING FROM, RELATING TO, OR CONNECTED WITH THE WEBSITE OR THIS AGREEMENT.

    IN NO EVENT WILL THE ROUNDISM RELATED PARTIES' AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO, OR CONNECTED WITH THE WEBSITE OR THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE SUM OF ONE HUNDRED DOLLARS (USD $100), EVEN IF ANY ROUNDISM RELATED PARTY HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

    IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEBSITE OR CONTENT, MATERIALS, SOFTWARE, GOODS, OR SERVICES FROM A WEBSITE LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.

    YOU HEREBY RELEASE THE ROUNDISM RELATED PARTIES FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE OR THROUGH WEBSITES LINKED TO THE WEBSITE.

    IN NO EVENT SHALL THE ROUNDISM RELATED PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF ANY ROUNDISM RELATED PARTY OR YOUR FAILURE TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION. THE ROUNDISM RELATED PARTIES WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THIS AGREEMENT WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND ANY ROUNDISM RELATED PARTY'S CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS, OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS.

    CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

  11. Indemnity. You agree to indemnify, defend, and hold harmless the Roundism Related Parties from and against any loss, liability (including settlements and judgments), or expense (including reasonable attorneys' fees and expenses and court costs) arising out of: 1) any third party claim against any Roundism Related Party alleging that User Content posted or submitted to the Website by you infringes the third party's intellectual property rights, privacy rights, publicity rights, or other rights; 2) any breach by you of any provision of this Agreement and/or any representation or warranty set out herein; or 3) any cost or expense incurred by us in the enforcement of this Section. We will have the right, in our sole and unfettered discretion, to control the defense and settlement of any action or proceeding against any Roundism Related Party that User is bound to defend pursuant to the foregoing.

  12. Termination. You agree that we may, in our sole and unfettered discretion, terminate your access to the Website for any reason including, without limitation, your breach of this Agreement. You agree that any termination of your access to the Website may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete any of your accounts and all related information and files in such accounts and/or bar any further access to such files or the Website. Further, you agree that we will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to the Website. In order to protect the integrity of the Website, we reserve the right at any time in our sole discretion to block users from certain IP addresses from accessing the Website.

  13. Discontinuance of Service. We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of the Website without prior notice. You agree that we will not be liable to you or to any third party for any modification or discontinuance of the Website.

  14. Take-Down Requests. We respect the rights of others and prohibit users from uploading, posting, or otherwise transmitting on the Website any content or materials that violate another party's privacy rights, publicity rights, intellectual property rights, or other rights. If you believe that any content or materials available on the Website violates or otherwise infringes upon any right that you own or control, please contact us immediately to request the allegedly infringing content or materials ("Infringing Content") to be removed from the Website. To make such a request ("Take-Down Request"), please provide us with the following information:

    1. the identify of the Infringing Content in sufficient detail such that it can be readily located (e.g., "The photograph ofavailable at http://www.roundism.com/item123");
    2. your name, mailing address, telephone number, and email address; and
    3. the name, user id, email, telephone phone number, and mailing address of the person you believe posted the Infringing Content (as available).
  15. DMCA. If the Infringing Content is a copyrighted work under the U.S. Digital Millennium Copyright Act (DMCA), please provide us with the following information as required by 17 U.S.C. § 512(c)(3)):

    1. a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive rights which are allegedly infringed;
    2. the identify of the Infringing Content in sufficient detail such that it can be readily located (e.g., "The photograph ofavailable at http://www.roundism.com/item123");
    3. your name, mailing address, telephone number, and email address;
    4. the name, user id, email, telephone phone number, and mailing address of the person you believe posted the Infringing Content (as available).
    5. 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 owner, its agent, or the law; and
    6. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Take-Down Requests may be submitted to us by email to admin@roundism.com or by regular mail at:

    Roundism, LLC
    540 N. State St. Apt. 2307
    Chicago, IL 60654

    When we receive Take-Down Request meeting the requirements described above, we will promptly remove or disable access to the Infringing Content and may terminate the accounts of repeat infringers.

  16. Miscellaneous.

    1. Applicable Law. This Agreement shall be construed in accordance with the laws of the State of Illinois governing contracts executed and performed therein, and shall be binding upon and inure to the benefit of the parties, respective heirs, executors, administrators, successors, and assigns.
    2. Severability. If any provision of this Agreement is held invalid, unenforceable, or void, the remainder of the Agreement shall not be affected thereby and shall continue in full force and effect.
    3. Separability. This Agreement does not and shall not be construed to create a partnership or joint venture between the parties hereto.
    4. Merger. This Agreement is the entire agreement between the parties hereto, and replaces any and all prior negotiations, representations, or agreements between the parties, whether oral, electronic, or written, pertaining to the managerial relationship outlined herein. The parties acknowledge that they have not relied on any promise, representation, or warranty, express or implied, not contained in this Agreement. No waiver or any breach of this Agreement shall be construed as a continuing waiver or consent to any subsequent breach hereof.
  17. Contact. Any questions regarding these Terms of Use may be directed to Roundism's administrators at admin@roundism.com.