Rounds - Terms and Conditions
Welcome to Rounds, a social entertainment platform offering users a variety of experiences that they enjoy together through the Rounds proprietary software (the “Platform”) and website located at www.rounds.com (the “Site”). For purposes of these Terms of Service (the “Terms”), “Rounds” shall include Gixoo Ltd., and its divisions, subsidiaries, successors, parent companies, if any, and their employees, partners, principals, agents and representatives, and any blogs, forums, sources of information or data available on the Site.
Please read the Terms carefully. These Terms govern your access to and use of the Site and the Platform, including any applications, services, products, information or data made available through the Platform or the Site, any communication services, blogs or forums available on the Site or through the Platform (collectively, “Services”).
This is a legal agreement between you and Rounds. By accessing the Site or using the Services, you agree to be bound by these Terms, whether you are a “Visitor” (which means that you are only browsing the Site) or you are a “Member” (which means that you have registered with the Site). The term “User” refers to a Visitor or a Member. Your use of the Platform, the Site and any Service, as well as any account you may have with Rounds, is subject at all times to the Terms (whether as a Visitor or a Member). Issues concerning collection and use of information by Rounds are described in Rounds Privacy Policy http://www.rounds.com/privacy. The Rounds Site and Platform are always evolving, so it is important that you periodically check here, as well as the specific rules for any Services in which you choose to participate, for updates. If we revise the Terms, such revision will take effect immediately upon being posted on the Site. By using the Platform, accessing the Site, or taking part in any Services, you agree to review the Terms periodically to become aware of such revisions. If you do not agree to any of the Terms stated herein, you should discontinue using the Platform and the Site or participating in any Services. Rounds reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site, the Platform and any Services without notice. Rounds may also impose limits on certain features or restrict your access to the Service, Site or parts of the Site in its sole discretion and without notice.
Account Registration
When you complete the registration process, you create a Rounds account and become a Member. Your account allows you to participate in certain Services, subject to the Terms and the Rounds Privacy Policy, which is available at http://www.rounds.com/privacy. Rounds reserves the right to refuse to allow a User to open an account for any reason, or to limit the number of accounts a User can establish on the Site, all at Rounds' sole discretion. Rounds only permits Users above 14 years of age to open accounts, and will not be responsible for the use of the Site or Services by Users beneath such minimum age limit.
To create an account, you must enter your name, e-mail address and select a password or install the Facebook Application and grant Rounds access to your details, as described in the installation form. Your name is your Rounds identity. Your username cannot be indecent, or otherwise offensive, or be used in any way that violates the Terms and common practices. You may not provide false information during the registration process. You must provide truthful and accurate information while creating your Rounds account.
You should not reveal your password to other users. Rounds will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates Rounds Terms. If your account is terminated, you may not join Rounds again without its express permission.
You agree to immediately notify Rounds of any unauthorized use of your Rounds account or password. You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. Rounds will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Rounds harmless for any improper or illegal use of your account. This includes illegal or improper use by someone to whom you have given permission to use your account.
When you create an account at Rounds, you will create a User profile, which may contain personal information such as your name, birth date and a photograph (a “User Profile”). You grant Rounds and its successors a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform any such information in your User Profile, including without limitation, for commercially promoting the Site and for advertising purposes. Rounds may choose to make all such information of your User Profile available to third parties for the purpose of running or developing activities and games for the Site.
Termination of Account
You agree that Rounds may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Site any Content associated with your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is harmful to other users, third parties, or the interests of Rounds.
If Rounds believes, in its sole discretion, that a violation of these Terms or any other illegal or inappropriate behavior has occurred, we may take any corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Site. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Site. You may request termination of your Rounds account at any time and for any reason by sending an email to support@rounds.com. Any suspension, termination, or cancellation shall not affect your obligations to Rounds under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
Limited License
Rounds grants you a limited license to access and use the Site and Services subject to the terms and conditions of these Terms for your personal use only. This license does not allow you to make any commercial use or any derivative use of the Site or the Services (including any of its individual elements or Content (as defined below).
Use of the Services and access to the Site is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older or else, have your parent's or guardian's permission to enter into this Agreement, or otherwise have the ability to form a binding contract; and (d) your use of the Services does not violate any applicable law or regulation or any obligation you may have to a third party.
Intellectual Property & Content
Rounds owns the Site and the Platform, including all worldwide intellectual property rights in the Site, Platform and Services, and the trademarks, service marks, and logos contained therein. Rounds hereby grants you a limited, revocable, nonsublicensable license to use the Services solely for your personal use. Except as expressly permitted herein or on the Site, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Site or the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site, Platform Content or Services.
Certain types of content may be made available through the Site. “Content” as used in these Terms means, collectively, all content on or made available through the Site and the Platform including as such content is posted to third party websites and including User Content (as defined below), as applicable. Rounds reserves the rights to remove and permanently delete any Content from the Site without notice.
You acknowledge that you do not rely on Rounds to monitor or edit the Site or the Service and that the Site or the Service may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.
You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, by purchasing any Virtual Goods or obtaining any Virtual Currency.
User Content
The Site, the Platform and the Services provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation, video, photographs (including snapshots of videos), graphics, text and other materials (collectively “User Content”). User Content that you create, including any User account profile that you post on the Site, may potentially contain personally identifiable information. Any User Content you create, transmit or submit using the Platform, the Site or the Services will be treated as non-confidential and non-proprietary and may be disseminated by Rounds without any compensation to you. You grant Rounds and its successors a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform any such User Content on, through or in connection with the Site, the Platform or the Services in any media formats and through any media channels, including without limitation, for commercially promoting the Site, the Platform and the Services. This license specifically includes the right of Rounds to use any information included in your User account profile, including any photographs or snapshots taken in the video chat, for the purpose of commercially promoting the Site, including for advertising purposes.
Rounds has no obligation to accept, display, review or maintain any User Content. Rounds may choose at its sole discretion to monitor User Content for inappropriate or illegal behavior, including through automatic means; provided, however, that Rounds reserves the right to treat User Content as content stored at the direction of users for which Rounds will not exercise editorial control except when violations are directly brought to Rounds' attention. Rounds has the right to edit, delete, distort or move User Content from the Site, Platform or Services without notice for any reason at any time. Additionally, Rounds has the right to refuse to transmit, post or broadcast any User Content without notice for any reason at any time.
You are fully and solely responsible for anything you create, transmit, submit or post, and represent and warrant that such User Content complies with all applicable law and does not infringe third party intellectual property rights. Rounds has no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, but does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.
Virtual Currency
The Platform or Services may include a virtual currency (“Virtual Currency”) including, but not limited to “coins”, “cash”, or “points”, that may be obtained from Rounds in exchange for performing certain actions on the Site or through the Services. The Service may also include virtual, digital items (“Virtual Goods”) that may be purchased from Rounds for such Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for “real world” money, goods or other items of monetary value from Rounds or any other party.
Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Platform, Site and Service you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service or Site, or any other attributes associated with use of the Platform, Site or Service or stored within the Platform, Site or Service. Rounds has the absolute right to manage, regulate, control, modify or eliminate such Virtual Currency or Virtual Goods as it sees fit in its sole discretion, and Rounds shall have no liability to you or anyone for the exercise of such rights.
Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where expressly authorized. Outside of the Service, you may not buy or sell any Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from the Site and the Service and possible legal action.
You agree that all transfers of Virtual Goods and Currencies are final. All Virtual Goods and Virtual Currencies are forfeit if your account is terminated or suspended for any reason, in Rounds' sole and absolute discretion, or if Rounds discontinues providing the Service.
Posting on Other Web Sites
The Site and the Services may provide activities and games in the video chat mode or other applications (“Interactive Applications”) which allow you to post certain “snapshots” or other materials to third party websites, including certain social networking sites. A “snapshot” means a single or multiple screens of a video chat of you and your chat partner that you have created using the Services. You are granted a limited revocable license to post such snapshots (and any other materials that Rounds specifically gives you notice may be so posted) to such third party websites solely in the manner explicitly permitted by the Site and the Services. This license may be terminated at the sole discretion of Rounds.
The use of such Interactive Applications may result in the automatic import of certain user information from a third party website including, without limitation, your name, picture, list of friends, online/offline status and email address. if you use Rounds' Facebook Application, then the Facebook site, with your consent, will post and tag all such information on your user stream or wall. Additionally, use of the Rounds Google Wave extension to take a snapshot on Google Wave may result in posting snapshot being visible to all Google Wave users, and such snapshot may additionally provide a link to your original Google Wave conversation. By taking snapshots you expressly grant Rounds permission to make such information publicly available through such third party website and you represent that you have the right to make such information publicly available on such third party website.
Rounds shall not be liable in any manner for any damage caused to your account on such third party website, including without limitation any Facebook account or Google Wave conversation, as a result of the posting of snapshots or other material on such third party website.
Usage Rules
As a condition of your use of and access to the Site, the Platform and the Service, you agree to comply with these Usage Rules, which are provided as an example rather than as a limitation, and any other rules published within the Site.
You agree that your use of and conduct on the Service shall be lawful and any of your User Content will not: (i) include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap; (ii) include any obscene, pornographic or otherwise objectionable content or language; (iii) defame, libel, disparage, threaten, harass, intimidate or abuse anyone; (iv) promote violence; (v) violate the contractual, intellectual property or other rights of any party, or (vi) promote or constitute illegal activity (collectively “Content Restrictions”).
You and your activities on the Service will not: (i) reveal any personal information about another individual; (ii) attempt to impersonate any other party; (iii) create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications; (iv) make improper use of Rounds support services or submit false reports of abuse or misconduct; (v) engage in any commercial activities, including, without limitation, advertising or promoting a product, service or website; (vi) violate these Terms or any law, regulation or any other requirements or restrictions posted on the Site; (vii) disseminate viruses, worms, Trojan horses, keyboard loggers, spyware, adware, cookies, or any other malicious or invasive code or program; (viii) perform any activity, including spamming, that interferes with any party's uninterrupted use and enjoyment of the Service ; (ix) reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service; (x) interfere with or circumvent any security feature of the Service or Site.
Disclaimers & Disclaimer of Warranty
Your use of the Site, Content and Services is at your sole discretion and risk. The Site, Platform, Content and Services are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Rounds. ROUNDS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, PLATFORM, CONTENT, AND SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. ROUNDS DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED,: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE, CONTENT, PLATFORM, AND SERVICES; OR (II) THAT THE SITE, PLATFORM AND SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SITE, PLATFORM AND SERVICES. Rounds is not responsible for any incorrect or inaccurate Content posted on the Site, in connection with the Services, or on any third party website, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. Rounds is not responsible for any User Content transmitted, posted or broadcast through the Site or the Services. Rounds takes no responsibility for third party advertisements which are posted on this Site or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. No advice or information, whether oral or written, obtained by you from Rounds, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Limitation Of Liability
Rounds assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or Services. Rounds is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Site or Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site or Services. Under no circumstances shall Rounds be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or Services, from any Content posted on or through the Site or Services, from any User Content transmitted, posted or broadcast on or through the Site or Services, or from the conduct of any Users of the Site or Services, whether online or offline.
IN NO EVENT SHALL Rounds OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT, PLATFORM AND SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT Rounds HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL ROUNDS' CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100.
The Site, Services or Content may provide links to third-party websites or resources. You acknowledge and agree that Rounds is not responsible or liable for the availability or accuracy of such websites or resources or the content, products, or services on or available from such websites or resources. You further acknowledge that Rounds does not endorse such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Rounds intends that all videos and text chats created and transmitted between Users remain private, though Rounds reserves the right to monitor such communications. However, Rounds shall not be responsible for any hackers or other third party attempts to circumvent Rounds security measures.
Restrictions
You agree you will not do any of the following while using or accessing the Site or any content thereon:
- Use the Site, Content or Services in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms.
- Circumvent, disable, or otherwise interfere with security-related features of the Services or the Site or features that prevent or restrict use or copying of any Content;
- Interfere with or disrupt (or attempt to interfere with or disrupt) any web page available at the Site, servers, or networks connected to the Site, or the technical delivery systems of Rounds' providers, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
- Attempt to probe, scan, or test the vulnerability of any Rounds system or network or breach or impair or circumvent any security or authentication measures protecting the Site;
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services or the Site;
- Attempt to access, search, or meta-search the Site or content thereon with any engine, software, tool, agent, device, or mechanism other than software and/or search agents provided by Rounds or other generally available third-party web browsers, including without limitation any software that sends queries to the Site to determine how a website or web page ranks;
- Violate the Terms or any other rule or agreement applicable to you or Rounds through the Site's inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service
- Sell the Service or any part thereof including but not limited to Virtual Goods or Virtual Currency, user accounts and access to them in exchange for real currency or items of monetary value;
- Use, launch, or permit to be used any automated system, including without limitation “robots,” “crawlers,” or “spiders”; or
- Use the Site or content thereon in any manner not permitted by this Agreement.
Indemnification
You agree to defend and indemnify Rounds and its officers, directors, employees, and agents and to hold them harmless from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Platform, or Services; (ii) your creation, transmission, posting or broadcast of Content or User Content, or (iii) your violation of any of these Terms.
General
In the event that any provision in these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Rounds may assign this agreement or any rights hereunder without your consent. These Terms shall be governed by and interpreted in accordance with the laws of Israel excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under these Terms will be brought exclusively in courts located in Israel, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that these Terms and the rules, restrictions, and policies contained herein, and Rounds' enforcement thereof, are not intended to confer and do not confer any rights or remedies on any person other than you and Rounds.
