Terms & Conditions

ROUNDPIER BETA TEST TERMS OF SERVICE
EFFECTIVE: May 23rd 2017

SPECIAL NOTE FOR ROUNDPIER.COM VISITORS UNDER 18 YEARS OLD

This is a legal agreement, and it is very important that you and your parent or guardian understand exactly what you are agreeing to when you become a RoundPier member. Please read this agreement with your parent or legal guardian, and please ask about anything you do not understand. If you or your parents have any questions about this agreement, you can reach us at info@roundpier.com
You may use the Services only if you agree to form a binding contract with RoundPier and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

1. Acceptance of Terms

THESE TERMS OF SERVICE (“TERMS OF SERVICE”), AS AMENDED FROM TIME TO TIME AND PUBLISHED ON ROUNDPIER WEBSITE, AND AS INCORPORATING (A) THE ROUNDPIER PRIVACY POLICY AND (B) THE RULES OF CONDUCT FOR MEMBERS COMPRISE A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND Roundpier Inc. (“RoundPier” OR “WE”). YOU MUST READ AND AGREE TO THESE TERMS OF SERVICE IN ORDER TO BECOME A MEMBER OF THE ROUNDPIER WEBSITE AVAILABLE AT HTTP://WWW.ROUNDPIER.COM (“ROUNDPIER.COM”).
Any modifications to the Terms of Service will be brought to your attention by email to the address you used to register for roundpier.com and by posting at roundpier.com. Such modifications will be effective immediately, and will apply to disputes arising under the Terms of Service from the date of posting of the modified Terms of Service forward. Your continued use of RoundPier after a modification has been made to the Terms of Service constitutes your acceptance of such modification.

2. Registration

You may use the Services only if you agree to form a binding contract with RoundPier and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old to use the Services. If you are under 13, you must have your parent or a legal guardian register you on our platform and manage your account. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

By becoming a RoundPier Member (“Member”), you represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your registration for roundpier.com does not violate any applicable law or regulation in your jurisdiction.

3. Public Beta Test

RoundPier is conducting a public beta test of roundpier.com (the “Beta Test”) in order to allow new users to test the features, capabilities, and performance of roundpier.com.

  • 3.1 Beta Test Obligations
    You hereby agree to test, evaluate and analyze roundpier.com and specific aspects of roundpier.com as identified by RoundPier and to provide feedback, analysis, suggestions and comments to RoundPier as reasonably requested by RoundPier or as otherwise voluntarily provided by you (collectively, “Feedback”). You may discontinue participation in the Beta Test activities at any time.
4. User Accounts
  • 4.1 Account Creation
    • Each Member user (“User”) of roundpier.com will be required to create a User Account (“Account”). If you create an Account, you agree to provide current, complete, true and accurate information, and you agree to update this information should it change. You agree that we may limit the number of Accounts you are able to create.
  • 4.2 Account Security
    • YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD, AND FOR ANY AND ALL ACTIVITIES THAT OCCUR IN ASSOCIATION WITH YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU. YOU MAY NOT USE ANYONE ELSE’S ACCOUNT, AND YOU MAY NOT ALLOW ANYONE ELSE TO USE YOUR ACCOUNT EXCEPT AS EXPLICITLY ALLOWED BY ROUNDPIER.
    • You agree to notify us immediately of any compromise of your password, unauthorized use of your Account, or any other breach of security and to provide properly documented evidence as requested by us. You agree that you will be liable for losses incurred by us or another party due to someone else using your Account or password. You agree that we will not be liable for any loss you may incur as a result of someone else using your password or Account, either with or without your knowledge.
  • 4.3 Account Suspension and Termination
    • YOU UNDERSTAND AND AGREE THAT WE MAY, AT OUR SOLE DISCRETION AND AT ANY TIME, TERMINATE AND/OR SUSPEND YOUR ROUNDPIER.COM MEMBERSHIP ACCOUNT FOR ANY REASON OR NO REASON, INCLUDING BUT NOT LIMITED TO FOR VIOLATION OF THESE TERMS OF SERVICE OR VIOLATION OF ANY OTHER POLICY RELATED TO ROUNDPIER.COM, WITH OR WITHOUT NOTICE TO YOU. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, BY ANY SUCH TERMINATION AND/OR SUSPENSION. IN THE EVENT THAT YOUR ACCOUNT IS TERMINATED, YOU WILL HAVE NO FURTHER ACCESS TO ROUNDPIER.COM.
5. Intellectual Property
  • 5.1 Intellectual Property Rights
    • You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others. “Content” shall mean all digital material on roundpier.com including, without limitation, images, textures, photographs, animations, three-dimensional models, video, audio, text, and all other digital material. We acknowledge and agree that to the extent you have such rights under applicable law, and subject to the terms and conditions of this Agreement, you retain any and all applicable (a) copyright rights, including, without limitation, copyright rights in Content you create in and/or upload to roundpier.com, (b) trademark rights, including, without limitation, rights in trademarks, service marks, and other identifiers you create for and/or use at roundpier.com, (c) any and all other intellectual property rights with respect to Content you create in and/or upload to roundpier.com. You acknowledge and agree that our acknowledgement hereunder of certain of your intellectual property rights does not constitute a legal opinion or legal advice, and is intended solely as an expression of our intention not to require you to forego certain intellectual property rights with respect to certain Content made available at roundpier.com as set forth and subject to the limitations herein. You acknowledge and agree that except as set forth herein, all rights, title and interest in and to the RoundPier website and in and to all Content at roundpier.com not created by you, are and shall remain the exclusive property of RoundPier, RoundPier’s licensors, and/or other roundpier.com Users. Except as expressly provided herein, RoundPier and/or its licensors and/or other roundpier.com Users do not grant you any express or implied rights in and/or to Content and/or the RoundPier website, and all right, title and interest in and/or to Content and in and/or to the RoundPier website are retained by RoundPier and/or its licensors and/or other roundpier.com Users. You acknowledge and agree that you will not upload or otherwise transmit in or through roundpier.com any Content that is subject to any third-party rights unless any and all holders of such rights have expressly authorized such activity.
  • 5.2 No Rights to Data
    • You acknowledge and agree that even though you may retain certain intellectual property rights with respect to certain Content, you do not own any underlying data, including without limitation, any data associated with your Content including computer files, digital representations, and any other data associated with your Content. You understand and agree that your intellectual property rights do not confer any other rights, including but not limited to real property rights, virtual property rights, rights of access to roundpier.com, rights to transfer data stored by or on behalf of RoundPier, or any other rights.
  • 5.3 Enforcement of Intellectual Property Rights
      You acknowledge and agree:
    • 5.3.1 that you alone are solely responsible for enforcing your intellectual property rights regarding Content at roundpier.com;
    • 5.3.2 that you are responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Content hereunder;
    • 5.3.3 that except as provided by law, RoundPier will have no liability whatsoever in connection with actions or failures to act with respect to enforcement of your intellectual property rights;
    • 5.3.4 that third parties may attempt to circumvent any procedures and/or features designed to inhibit misuse of your Content and/or infringement of your intellectual property rights, and that RoundPier is not responsible for such misuse of your Content or infringement of your intellectual property rights, whether or not RoundPier creates procedures and/or features to inhibit such misuse and/or infringement; and
    • 5.3.5 that RoundPier may implement procedures and/or features designed to inhibit misuse of your Content without incurring any future obligation to create or maintain, or past or future liability for any failure to create or maintain, any such procedures and/or features.
  • 5.4 Your Grants of Rights
    • 5.4.1 a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to RoundPier to use, reproduce, distribute, remove, and analyze any of your Content as RoundPier may deem necessary or desirable for any purpose in connection with the operation of RoundPier, including but not limited to for purposes of creating, providing, managing, debugging, testing and/or providing support for roundpier.com, and
    • 5.4.2 a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to RoundPier to copy, modify, and reproduce your Content for marketing and/or promotional purposes in connection with RoundPier in any media, whether presently known or unknown, and
    • 5.4.3 except as set forth herein, the perpetual and irrevocable right to RoundPier to delete any or all of your Content from roundpier.com, whether intentionally or unintentionally, for any reason or no reason,
6. Charges and Billing
  • 6.1 Fees
    • There are currently no fees related to RoundPier Membership or participation on RoundPier. However, RoundPier and certain business partners of may offer goods or services for sale on the RoundPier website. You must be at least 18 years old and have a valid credit card or other payment account issued in your name to purchase goods and/or services offered at roundpier.com. If you are under 18, your parent or guardian can make purchases associated with your account.
      You agree to pay all fees or charges incurred by your Account, including applicable taxes, in accordance with these Terms of Service and the billing terms that are in effect at the time that the fee or charge becomes payable.
      You acknowledge and agree that you are solely responsible for obtaining and maintaining all telecommunications services, computer hardware, and equipment needed to access and use roundpier.com.
  • 6.2 Billing Information
    • You agree that to the extent that you provide payment information to a vendor displayed on RoundPier, you represent that you are an authorized user of the chosen method of payment, and that all payment information you provide, including but not limited to your name, credit card or other payment account identifying number, expiration date, security codes, billing address, and any other payment information will be current, complete, true and accurate.
7. Service Termination, Suspension and Changes

RoundPIER RESERVES THE RIGHT TO TERMINATE, SUSPEND, OR CHANGE ANY SERVICE OR FEATURE OF ROUNDPIER.COM AT ANY TIME, FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU. YOU AGREE THAT ROUNDPIER SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, BY ANY SUCH TERMINATION, SUSPENSION, OR CHANGE. IN THE EVENT THAT ROUNDPIER.COM IS TERMINATED, SUSPENDED, OR CHANGED, YOU WILL NOT RECEIVE ANY REFUND.

8. Communication Services

Roundpier.com may include communication tools to enable you to communicate with other roundpier.com Users such as, for example, e-mail, instant messaging, bulletin boards, newsgroups, forums, communities, personal web pages, blogs, calendars, photo albums, file exchange tools, text, voice and/or video chat areas, and other communication tools (collectively the “Communication Services”).
You agree to use the Communication Services only to post, send, and receive communications that are in accordance with the rules of conduct set forth in Section 9.
We reserve the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason or for no reason.
We are not responsible for communications made by other Users via the Communication Services. You acknowledge that communications made via the Communication Services are not controlled or endorsed by RoundPier, and that such communications shall not be considered reviewed, screened or approved by RoundPier.
We are not responsible for communications made by you via the Communication Services. You acknowledge and agree that your communications made via the Communication Services are public and not private communications and that you have no expectation of privacy concerning your use of the Communication Services. You acknowledge and agree that personal information that you communicate via the Communication Services may be seen and used by others and result in widespread distribution of such information. We strongly encourage you not to disclose any personal information in your public communications via the Communication Services unless you wish such information to be made permanently available to the public.
You acknowledge and agree that RoundPier has the right, but not the obligation, to monitor any communications made via the Communication Services, to alter, to remove, or to refuse to post or allow to be posted or stored any communications made via the Communication Services, to monitor and/or filter any communication made via the Communication Services, and to disclose any communications made via the Communication Services and the circumstances surrounding the transmission thereof, to any third party in order (a) to operate roundpier.com, (b) to protect RoundPier and its employees, officers, directors, shareholders, agents, representatives, affiliates, Users, and visitors, (c) to comply with legal obligations or governmental requests, and/or (d) to enforce this Agreement.
Communications made via the Communication Services reflect only the views of their authors. RoundPier specifically disclaims any liability with regard to communications made via the Communication Services and specifically disclaims any liability with regard to any actions resulting from your participation in any Communication Services.
Some Users may have managerial or moderator status with respect to the Communication Services. Unless specifically so designated, such Users are not authorized RoundPier spokespersons, and their views do not necessarily reflect those of RoundPier

9. Rules Of Conduct
    RoundPier is an education and extra-curricular community. We ask our members to keep their posts and discussions focused on these topics. While we welcome communication between our members the discussions should be professional in nature.
    In order to provide a safe and empowering community you agree that you will not:
  • 9.1 Publish, post, upload, transmit, distribute, disseminate or otherwise make available at roundpier.com pyramid schemes, chain letters, junk email, spam, or any duplicative or unsolicited messages, commercial or otherwise.
  • 9.2 Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
  • 9.3 Publish, post, upload, transmit, distribute, disseminate or otherwise make available at roundpier.com any material that is harmful, abusive, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful, or racially, ethnically or otherwise offensive or objectionable.
  • 9.4 Publish, post, upload, transmit, distribute, disseminate or otherwise make available at roundpier.com any material or information that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other right of others, such as images, photographs, sound files, text files, graphics files, and any other material or information.
  • 9.5 Publish, post, upload, transmit, distribute, disseminate or otherwise make available at roundpier.com any files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, any other files that contain malicious code or that may in any way damage or interfere with the operation of roundpier.com, other Users’ access to roundpier.com and/or other Users’ computers.
  • 9.6 Except as expressly authorized by RoundPier in writing, advertise or offer to sell or buy any goods or services for any purpose.
  • 9.7 Publish, post, upload, transmit, distribute, disseminate or otherwise make available at roundpier.com any material for which copyright management or digital rights management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source