1. Acceptance of Terms
Welcome to Nextround.net (”NR”) an online service that provides groups of people and private place to interact on the web that assists you in the planning and organizing of group trips, meetings and events. Nextround.net is operated by Nextround.net.
2. Description of Service
NR provides Members with tools and resources for communicating, planning, and interacting in group a setting in a private setting on the internet. The Service may include advertisements. In certain situations these advertisements may include your group or group members which will be only viewable by your group.
The Service may also include certain communications from us such as service announcements and administrative messages. You understand and agree that the Service is provided “AS-IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider fees). In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. Registration and Membership
Use of and Membership in the Service is not limited to United States residents and is void where prohibited. By using the Service, 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 13 years of age or older; and (d) your use of the Service does not violate any applicable law or regulation. Your Membership may be terminated without warning, if we believe that you are under 13 years of age.
Certain areas of the Web site may be password-restricted and require registration or sign-in before they can be accessed. Upon registering with the Service, you will create a password. You are responsible for maintaining the confidentiality of the account and password, and are fully responsible for all activities that occur under your account and password.
You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit 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 process.
You may terminate your membership at any time, for any reason by sending an email to nextround.net-at-gmail.com. We may terminate your membership at any time, without warning. The provisions of these Terms and Conditions which by their express terms or nature are intended to survive termination will survive the termination of your membership.
You acknowledge that we reserve the right to charge for the Services and to change our fees from time to time at our discretion. If we terminate your membership because you have breached these Terms of Service or other misconducts, you will not be entitled to the refund of any unused portion of subscription fees.
You understand that all information, data, text, software, files, music, sound, images, photographs, graphics, video, comments, messages, profiles, works of authorship, and any other materials (collectively, “Content”), whether publicly posted or privately transmitted via the Service, are the sole responsibility of the person from which such Content originated. You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Members and for your interactions with other Users. We do not endorse and have no control over any of the Content. Content is not necessarily reviewed by us prior to posting and does not necessarily reflect the opinions or policies of NR. We make no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or submitted to NR, including without limitation information in NR Group Pages, or any other parts of the Service. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. We will have no liability to you whatsoever with respect to any Content.
You agree not to post any Content that may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited content includes, but is not limited to, content that:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter;
- solicits personal information from anyone under 18;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
You acknowledge and agree that we may access, preserve, disclose and/or remove your account information and Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of us, our Users or the public.
By displaying or publishing (”posting”) any Content on or through the Service, you hereby grant to us a non-exclusive, fully-paid and royalty-free, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Service. You represent and warrant that: (a) you own the Content posted by you on or through the Service or otherwise have the right to grant the license set forth in this section, and (b) the Content you post does not violate or infringe upon the rights of any party, including without limitation copyright, trademark, privacy, publicity or other personal or proprietary rights, or contain libelous, defamatory, unlawful or otherwise prohibited or objectionable material. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services. You agree to indemnify and hold us harmless from and against any and all claims, damages, and liabilities arising with respect to any Content you post.
6. Member Conduct
You understand that the Service and the Web site are available for your personal, non-commercial use only. If you wish to use the Service or the Web site for commercial use, please email us at nextround.net-at-gmail.com to discuss this possibility.
Without limitation, you agree that when using the Service, you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- harm minors in any way;
- post any inappropriate, defamatory, infringing, obscene, sexually explicit, libelous or unlawful Content;
- post any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the “Rights”), unless you are the owner of the Rights or have the permission of the owner to post such Content;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protected devices, or providing pirated music or links to pirated music files;
- download any file posted by another user that you know, or reasonably should know cannot be legally distributed in such manner;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted;
- restrict or inhibit any other user from using and enjoying the Service;
- use the Service for any illegal or unauthorized purpose including but not limited to distributing spam;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about users for any unauthorized purpose;
- submit Content that falsely expresses or implies that such Content is sponsored or endorsed by NR;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- create Member accounts (see Section 3 below) by automated means or under false or fraudulent pretenses;
- use or attempt to use another’s account, service or system without authorization from the Company
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature; or
- engage in “ad slamming” of any nature, including the repeated clicking on advertisements to increase potential earnings to you as a publisher, to increase potential costs to an advertiser or merchant partner, or for any reason other than viewing an advertisements as a potential consumer.
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
While we prohibit the conduct and Content described above in connection with the Service and the Web site, you understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use the Service at your own risk.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States.
7. Proprietary Rights
All content on NR, including but not limited to design, text, graphics, photos, other files, interfaces and their selection and arrangement are our or our licensors’ property. All rights reserved. No content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission.
You acknowledge and agree that the Service and any software used in connection with the Service (”Software”) contain proprietary and confidential information that is our or our licensors’ property and is protected by applicable intellectual property and other laws.
We grant to you a personal, non-transferable and non-exclusive right and license to use the object code of the Software on a single computer; provided that you do not (and do not allow any other party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service.
All trademarks, logos, trade dress and service marks on the Service and the Web site are our or our licensors’ trademarks or registered trademarks and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
8. General Practices Regarding Use and Storage
You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on NR servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.
We reserve the right to set limitations in regards to the amount of photo storage or document storage a Member is allotted at any time with or without notice. You are responsible to abide by this photo storage limitation if and when it is set. We reserve the right to impose fees for excessive photo storage at any time.
You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to modify these general practices and limits from time to time.
You agree to defend, indemnify and hold us. our licensors and our affiliates, and each of our employees, officers, directors, and consultants harmless from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including but not limited to legal and accounting fees, arising out of (a) any Content you submit, post, transmit, or make available through NR, (b) your use of the Service, (c) use of the Service by any person using your account and/or password, or (d) your breach of these Terms of Service, or your violation of any law or the rights of a third party.
10. Modifications to Service
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
11. Account Termination
The Web site contains links to other web sites. We are not responsible for the content, accuracy or opinions express in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on or through the Web site or the Service does not imply approval or endorsement of the linked web site by us. If you decide to leave the Web site and access these third-party sites, you do so at your own risk.
13. NR Groups
Group Captain’s rights and responsibilities. NR Captain’s (”Captains”) have additional capabilities and responsibilities in regard to the participants and Content of a NR Groups. The Captain has sole access to the Group Settings page to control certain group-related settings such as group name or makeover settings for Group Members (”Participants”) on the Groups. Individual Group Members determine the limitations of other Participants viewing and accessing their contact information as well as general privacy settings. In regard to Content, a Group Captain will be responsible for the maintenance and monitoring of the Content in the Groups, including deleting any NR Group and its Content and/or archived Content at any time and in his or her sole discretion. Captains will be solely responsible for ensuring that the Content made available to Participants is appropriate for the Participants and that Participants invited are appropriate for the Group.
NR encourages you to use our group communication services as long as you follow the NR Terms of Service, including without limitation the prohibitions against spamming and inappropriate content. In particular, it is prohibited to use our computer systems to transmit unsolicited material.
14. Member Interactions
You are solely responsible for your interactions with other NR Members. We reserve the right, but have no obligation, to monitor disputes between you and other NR members.
15. Copyright Policy
We respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Web site, please contact us at nextround.net-at-gmail.com and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
16. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND. IN PARTICULAR, WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
THE INFORMATION, SOFTWARE, AND SERVICES ON THE WEB SITE OR THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, WE AND OUR AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO, THE INFORMATION AND DESCRIPTION OF HOTEL, AIRLINE, MERCHANDISE AND OTHER TRAVEL PRODUCTS DISPLAYED ON THE WEB SITE OR THE SERVICE (INCLUDING, WITHOUT LIMITATION, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC) MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS AND MERCHANT PARTNERS. HOTEL RATINGS DISPLAYED ON THIS WEB SITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND WE AND OUR AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS.
WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCT, AND SERVICES CONTAINED ON THE WEB SITE OR THE SERVICE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCT OR SERVICE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES. ALL SUCH PRODUCTS AND SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. WE, OUR AFFILIATES, AND/OR OUR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
17. General info
18. Contacting NR
If you have questions, please contact us: nextround.net-at-gmail.com.