Roundglass Terms of The Agreement
Roundglass Terms of The Agreement
Roundglass Terms of The Agreement
Welcome to RoundGlass!
These Terms of Services (“Terms”) explain the rules that apply to you while you use the
Services. By downloading, accessing, or using the Sites or Services and by registering as a user
or creating a profile within the Sites, you acknowledge that you have read and understand the
Terms and that you accept and agree to be bound by the Terms. The Terms and our Privacy
Policy (available here) form a legally binding agreement between you and RoundGlass, and are
the rules about your access and use, and our provision of, the Services and any other technology,
content, items, or other materials provided by or through the Sites or the Services. IF YOU DO
NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
If you have any questions about these Terms or the Services, feel free to contact us at:
RoundGlass LLC
1756 114th Avenue SE
Bellevue, WA 98004
support@round.glass
Must be at least 16 years of age, and if you are under the age of majority in your
home country, have permission from your parent or legal guardian to use the
Services;
Affirm that you are in good physical health and have consulted with your
physician about beginning any of our programs;
Acknowledge that you are solely responsible for listening to your body, taking
part at your own pace and modifying any instructions or instructor-suggested
physical adjustments to your level of ability and physical and mental condition;
and
Must comply with these Terms and all applicable local, state, national and
international laws, rules and regulations.
Please do not use the Services if you do not meet the above requirements.
2. RoundGlass’ Intellectual Property; Limited License to RoundGlass
Services
o OwnershipYou acknowledge and agree that the Services, and any
logos, names, designs, text, graphics, software, content, files,
materials, and any other intellectual property rights contained in the
Sites or the Services, including without limitation any copyrights,
patents, trademarks, proprietary or other rights contained therein,
related thereto, or otherwise arising therefrom are owned by us or
our affiliates, licensors or suppliers. You also acknowledge and
agree that the source and object code of the Sites and the format,
directories, queries, algorithms, structure and organization of the
Sites are our intellectual property, proprietary and confidential
information. You expressly agree that you will do nothing
inconsistent with our ownership of the Services, and that you gain
no rights, title, or interest in or to any Services or any goodwill
associated with the Services. In addition, except as expressly set out
in the Terms, you are not conveyed any right or license by
implication, estoppel, or otherwise in or under any patent, trademark,
copyright, or other proprietary right of RoundGlass or any third
party. Any and all goodwill arising from your use of any Services
shall inure solely to the benefit of RoundGlass.
o Limited LicenseFor any Services which allows you to use any
software, content, or other materials owned or licensed by us, we
grant you a limited, revocable, non-exclusive, non-sublicensable,
non-transferable license solely to access and use the specific
Services, and any related software, content, or other materials for
your personal, non-commercial use only.
o RestrictionsYou are prohibited from, and expressly agree that you
will not: (i) circumvent or disable any content protection system,
digital rights management technology, user and/or country
limitations or any other technology used with any Service; (ii)
decompile, reverse engineer, disassemble or otherwise reduce any
Services to a human-readable form; (iii) remove identification,
warnings, disclaimers, disclosures, copyright or other proprietary
notices in or on the Services; (iv) access or use any Services in an
unlawful or unauthorized manner or in a manner that suggests an
association with our content, products, services or brands, unless
you have an executed agreement with us that allows for such
activity; (v) use, alter, copy, modify, store, sell, reproduce, distribute,
republish, download, publicly perform, display, post, transmit, create
derivative works of, or exploit any Services or any part of the
Service, except as expressly authorized in the Terms; (vi) introduce a
virus or other harmful component, or otherwise tamper with, impair
or damage any Services or connected network, or interfere with any
person or entity’s use or enjoyment of any Service; (vii) access,
monitor, or copy any element of the Services using a robot, spider,
scraper or other automated means or manual process without our
express written permission; or (viii) sell, resell, or make commercial
use of the Services.
The Services may integrate, be integrated into, or be provided by or in connection with third-
party instructors, services, applications, tools, interfaces, content, websites and/or materials
(“Third-Party Services”). We do not review or control any Third-Party Services, and we make no
claim or representation regarding, and accept no responsibility for, the quality, content, nature, or
reliability of Third-Party Services accessible from our Sites or any other element of the Services.
We are not be responsible for any content provided by, on, or through these Third-Party
Services. You should read the terms of use and privacy policies that separately apply to these
Third-Party Services.
When you access and use the Sites or any Services through a mobile network, or you sign up for
our text message programs, your network or roaming provider’s messaging, data and other rates
and fees may apply. Not all Services may work with your mobile network provider or device.
The Services require you to create an account to use the Services that we provide. You agree to
provide and maintain accurate, current and complete information for your accounts, including as
applicable, your name, contact, and payment information. You agree not to impersonate or
misrepresent your affiliation with any person or entity, including using another person’s
username, password or other account information, or another person’s name, image, photo or
likeness, or if Applicable, provide false details for a parent or guardian. You agree that we may
take steps to verify the accuracy of information you provide.
You are responsible for maintaining the confidentiality of your username and password, and you
are responsible for all activities under your account that you can reasonably control. Do not share
your password or other login information with any person; any use of your account by any
person other than yourself is grounds for suspension or termination of your account.
The Services may allow you and users of our websites to communicate, submit, upload or
otherwise make available text, reviews, stories, images, photos, audio, video, media, chats,
personally identifiable information, feedback about our products and services, testimonials,
success stories, or other content (“User Generated Content”). User Generated Content that you
submit to us will be stored, maintained and used by us in accordance with our Privacy Policy.
You acknowledge certain types of User Generated Content that you submit, such as chats,
photos, reviews, and message board entries, may be accessed and viewed by the public.
RoundGlass is a welcoming community for all. You may not submit or upload User Generated
Content that is harmful and disruptive, or content that will cause harm if disclosed including,
without limitation:
Although we want all users to comply with all User Generated Content requirements, we do not
have any obligation to monitor and review User Generated Content for compliance. However, if
we do see User Generated Content that violates these rules or if we simply think that User
Generated Content is not appropriate for the Services, we may, at our sole discretion, either
remove or edit the User Generated Content without letting you know ahead of time, or we may
terminate your ability to submit User Generated Content. If you see User Generated Content that
violates the Terms, please let us know at support@round.glass
Your User Generated Content is yours to keep, but by creating the User Generated Content you
grant us a perpetual, fully paid-up, non-exclusive, sublicensable, irrevocable and royalty-free
worldwide license to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute,
redistribute, copy, index, comment on, modify, adapt, translate, create derivative works of,
publicly perform, make available and otherwise exploit such User Generated Content, in whole
or in part, in any and all media and channels now known or hereafter devised, in any number of
copies and without limit as to time, manner and frequency of use, without further notice to you,
with or without attribution, and without the requirement of permission from or payment to you or
any other person or entity. This includes our use of your User Generated Content in connection
with any advertising, product packaging, printed publications, presentations, promotional
materials, events and associated marketing materials, television and digital commercials, videos,
social media websites, Applications, or on our websites or in any other commercial manner.
9. Enforcement Rights
We are not obligated to monitor access or use of the Sites or the Services; however, we reserve
the right to do so for purposes of operating and maintaining the Sites or the Services, as
applicable, ensuring your compliance with the Terms, and complying with applicable legal
requirements. We may disclose unlawful conduct to law enforcement authorities, and we may
cooperate with law enforcement authorities to investigate users who violate the law. We reserve
the right (but are not required) to remove or disable any content posted to the Sites or access to
Sites or Services at any time and without notice, and at our sole discretion, if we determine in our
sole discretion that your content or use of the Sites or Services is objectionable or violates the
Terms.
12. Indemnification
You agree to indemnify, defend, and hold harmless RoundGlass and its directors, officers,
employees, and agents, from and against all claims, damages, losses and costs that arise from or
relate to
YOU AND ROUNDGLASS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST
THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, if the parties’ dispute is resolved through arbitration, neither JAMS nor the arbitrator
may consolidate another person’s claims with your claims or otherwise preside over any form of
a representative or class proceeding for any purpose.
We respect the intellectual property rights of others and we expect our users to do the same. To
report a copyright, trademark or other intellectual property rights infringement, please contact us
at support@round.glass, using the heading “Intellectual property report”.
In addition, we’re always thinking of ways to improve the Services for our users, whether by
adding or removing features and functionalities or by suspending or stopping the Services
altogether. We will try to notify you of any changes or scheduled interruptions to Services access
beforehand, but we can’t guarantee that we always will.
From time to time, we may make changes these Terms. If we make any material changes, we
will let you know by either posting an update on the Website or by sending you an email if we
have your email address on file. In some situations, we will notify you before making changes to
the Terms and your continued use of the Sites and Services will mean you have accepted the new
Terms.
17. Miscellaneous
o Governing Law.You agree that the laws of the state of Washington,
without regard to principles of conflict of laws, will exclusively
govern these Terms and any Dispute between you and RoundGlass.
o NoticesAll notices required or permitted to be given under these
Terms must be in writing. RoundGlass may provide you notice by
sending you an e-mail to the address on file with us, which you agree
electronically satisfies any legal requirement that such notice be in
writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING
THAT YOUR E-MAIL ADDRESS ON FILE WITH ROUNDGLASS IS
ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE
DEEMED EFFECTIVE UPON THE SENDING BY ROUNDGLASS OF AN
EMAIL TO THAT ADDRESS. You will give any notice to RoundGlass
by means of mail, postage prepaid, to RoundGlass LLC, 1756 114th
Avenue SE, Bellevue, WA 98004. Such notice to RoundGlass will be
effective upon receipt of notice by RoundGlass.
o SeverabilityIf any provision or part of these Terms is deemed to be
unlawful, void or for any reason unenforceable, then that provision
or part will be deemed severable from these Terms. Any severing of
a Term will not affect the validity and enforceability of any remaining
provisions or parts of the Terms.
o TerminationNotwithstanding anything to the contrary in these Terms,
RoundGlass reserves the right, without notice and in its sole and
absolute discretion, for any reason or no reason, to terminate your
access and use of any of the Services, including to block or prevent
your access and use of any of our websites. You agree that
RoundGlass will not be liable for any interruption or termination of
your access and/or use of our Services.
o No Third-Party BeneficiariesExcept as set forth in these Terms, only
you and RoundGlass may enforce these Terms; no third party will be
entitled to enforce these Terms.
o SurvivalThe provisions of these Terms which by their nature should
survive the termination of these Terms will survive such termination.
o WaiverNo waiver of any provision of these Terms by us will be
deemed a further or continuing waiver of such provision or any other
provision, and our failure to assert any right or provision under these
Terms will not constitute a waiver of such right or provision. Any
waiver must be in writing and signed by the Chief Executive Officer
of RoundGlass to be effective.
o AssignmentRoundGlass may assign these Terms to any person or
entity at any time, for any reason, with or without notice to you.
o AmendmentsThese Terms may not be amended unless agreed to in
writing and signed by the Chief Executive Officer of RoundGlass.