Terms of Service Agreement for RoundBuzz

Last Updated Sept 24th 2013

BY USING THIS WEB SITE, YOU INDICATE YOUR AGREEMENT WITH THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, PLEASE DO NOT USE THIS WEB SITE.

We reserve the exclusive right to change or modify any of these terms and conditions at our discretion at any time. Your continued use of this service after a change has been made constitutes acceptance of the terms and conditions. Please check these terms periodically and note the date listed at the top as to when they were last updated.

RESTRICTIONS: RoundBuzz is a location based text marketing service. By using our website (Site) you abide by the following terms of service: You agree that you will not, and will not assist or enable others to:

Use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another users use of the RoundBuzz;
Use the Site to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
Use the Site to promote bigotry or discrimination against protected classes;
Use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
Use the Site to submit or transmit pornography or illegal content;
Use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;
Use the Site in violation of the Terms of service or any applicable law;
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by RoundBuzz Inc;
Reverse engineer any portion of the Site;
Remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site;
Record, process, or mine information about other users;
Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content;
Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on RoundBuzz technology infrastructure;
Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature; use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site

LIMITS ON CONTENT: At Rounduzz we have developed a service that creates fun and excitement for your business and consumers of all ages. Therefore, there are limits on the types of text or linked website content that can be sent in a text message. Broadly, we prohibit anything that is offensive to somebody else or anything that is illegal. The following items are prohibited:

anything that is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any person or group;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner, including child pornography;
contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
solicits personal information from anyone under 18;
publicly posts information that poses or creates a privacy or security risk to any person;
contains or promotes something you know is false or misleading;
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
violates someone's rights of privacy or publicity;
defames or libels somebody;
infringes somebody's copyrights, trademarks, contract rights or any other rights of any person;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
solicits passwords or personal identifying information for unauthorized commercial or unlawful purposes from other Users;
provides or creates computer viruses;
or includes a photograph or video of another person that you have posted without that person's consent.

Site Availability: We reserve the right to modify, update, or discontinue the Site and RoundBuzz service at our sole discretion, at any time or no reason, and without notice or liability.

Unauthorized Access: We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.

Subscription Payment and Term: By purchasing or subscribing to RoundBuzz services, you agree to a minimum contract term indicated with each plan, during which you are obliged to pay monthly for services of a value no less than your original subscription price. Upon the expiration of the minimum contract term, service and billing will automatically continue on a month-to-month basis, during which you may cancel or change your subscription anytime. A valid credit card or advanced payment is required for paying accounts. Subscriptions are billed on a monthly basis at the beginning of each subscription month and are non-refundable.

Cancellation and Termination: You are solely responsible for properly canceling your subscription. RoundBuzz, in its sole discretion, has the right to suspend or terminate your subscription and refuse any and all current or future use of the site, or any other RoundBuzz service, for any reason at any time. Such termination of the subscription will result in the deactivation or deletion of your subscription or your access to your subscription. RoundBuzz reserves the right to refuse service to anyone for any reason at any time. You are solely responsible for monitoring and maintaining your RoundBuzz account credit balance — if your balance reaches 0 credits, all activity on your RoundBuzz account will immediately cease, including interactive responses to customer text checkins.

Indemnification: Each party (the “Indemnifying Party”) shall indemnify, defend and hold harmless the other party and such other party’s officers, directors, employees and agents (each, an Indemnified Party”) from and against any and all damages, liabilities, costs and expenses (including reasonable attorneys’ fees) incurred by an Indemnifying Party’s breach of any portion of this agreement.

LIMITATION OF LIABILITY: THE ENTIRE LIABILITY OF ROUNDBUZZ TO CLIENT FOR ANY CLAIM WHATSOEVER SHALL BE LIMITED TO THE CONSIDERATION PAID TO ROUNDBUZZ BY CUSTOMER FOR THE SERVICES GIVING RISE TO THE CLAIM OVER THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD.

IN NO EVENT WILL ROUNDBUZZ BE LIABLE FOR ANY DAMAGES FOR LOSS OF USE, LOST PROFITS, BUSINESS LOSS OR ANY INCIDENTAL, INDIRECT, SPECIAL, ECONOMIC OR CONSEQUENTIAL DAMAGES WHETHER OR NOT ROUNDBUZZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER IS FULLY RESPONSIBLE FOR CONTENT OF ALL MARKETING MESSAGES SENT USING ROUNDBUZZ.