Effective as of
July 18, 2018
Startup Rounds (Startup Rounds (owner of AlphaGenSystems.com, we, us, or our) takes your privacy seriously and is committed to protecting the privacy of the information you share with us when you access and use our websites and/or products. We have created this Privacy Statement as a means to disclose how we collect, use and disseminate personal information you may provide us. It also describes your choices regarding use, access and correction of your personal information. This Privacy Statement applies to all of our websites, including, without limitation: https://Startup Rounds.com, https://AlphaGenSystems.com, each referred to herein as a “Site” and collectively the “Sites.” This Privacy Statement also applies to our products and software platform (“Products“). The use of information collected through our service shall be limited to the purpose of providing the service for which our customer has engaged Startup Rounds.
Effective as of July 18, 2018
Who We Are and Our Relationship with You
AphaGen Systems software platform (owned by Startup Rounds, LLC) is a leading provider of online voting applications which enable our customers to design, host and implement online votes, campaigns and surveys. Our customers are individuals and organizations who purchase the right to use our voting software application platforms. We have a contractual, business relationship with our customers. These customers are referred to as “Administrators” because they determine and control the subject matter, content and information collected for a vote, campaign or survey. The Administrators also determine and control who is invited to vote. We process that information through our voting platform using software technology that we’ve developed. The persons who vote, cast a campaign or participate in a survey are “Participants,” and count as Users in the context of contract plan limits. If you are invited to vote, cast a campaign or participate it is because you have been selected by the Administrator, our customer, most likely because of a relationship you have with the Administrator.
How To Contact Us
We welcome your comments regarding this Privacy Statement and our privacy practices. If you have questions about this statement or believe that we have not adhered to it, please contact us. You can contact us by email, by phone, or by regular mail and we shall respond to your query within 30 days.
P hone: 1-603-494-0150
Mail: Startup Rounds, 7512 Post Road, North Kingstown, RI 02852
What This Document Is
Our Commitment to Privacy
We take your privacy seriously. As a leading provider of online voting software, we are committed to establishing and maintaining policies and procedures which protect the privacy of personal information gathered from our customers, prospects and other visitors to our Sites.
AlphaGen Systems is not intended for children under the age of 16, and we do not knowingly collect information from children under the age of 16.
Children aged 16 or younger should not submit any personal information without the permission of their parents or guardians. By using the AlphaGen Systems, you are representing that you are at least 18 years old, or that you are at least 16 years old and have your parents’ or guardians’ permission to use the service.
Information We Collect
Participants and/or Users
Administrators, as required by the nature of their relationship with Participants and reason for their campaigns, may collect personal information from Participants, such as names, addresses, telephone numbers, email addresses, membership status/ID or other identifying numbers, passwords or other personal codes or information which can be used in combination to collect information of a personal nature, and may provide this information to Startup Rounds, through the AlphaGen Systems platform, in a list of eligible voters prior to the start of a campaign/voting event, or otherwise called, a Campaign. None of this personal information shall be used for any promotional purposes, or anything beyond servicing Administrator’s requests for campaign services.
When you access a campaign or submission are created on Startup Round’s AlpgaGen Systems platform as a Participant, we record information such as the date, time and name of the campaign your computer accessed. We will also collect your computer’s IP address.
Administrators or authorized Startup Rounds technicians may upload spreadsheets that include personal information to generate Participant records in the Startup Rounds system to create user accounts. We require Participants to access our site with login codes that are provided via email. This login requirement is to ensure the visitor is a valid Participant and to determine which valid Participants have submitted a campaign or idea input.
We retain a Participant’s information only for as long as it takes us to fulfill our obligations to the Administrator. Administrators using Startup Rounds Products are forbidden from collecting financial information, such as credit card numbers, credit card PIN numbers or other critical information which enables financial transaction authority or privileged security access to any other system. We require that Administrators who control data of persons in the European Union comply with the EU General Data Protection Regulation.
If you are simply visiting our website and are not an Administrator or Participant, we collect your IP address.
We will not attempt to access campaign results at any time, unless (a) you explicitly instruct us to do so during a training session or during a customer service inquiry, (b) we are required to do so by judicial or administrative subpoena, warrant or court order, (c) it is in order to protect the safety of our employees, customers, or the public, or (d) it is to protect our legal rights. We may disclose general turnout statistics about your vote in a case study or marketing document if this information has been requested by the Administrator and approved for publication.
Administrators are solely responsible for the content of the campaigns or votes, and we do not control the theme or questions asked. We do not own the contents of your campaign/vote. When you publish your campaign on our servers, we will provide you with a unique URL. We will not provide this URL to any other individuals or parties unless they are authorized business partners who require this information to service your account. In order to enhance response rates, we record if and when a Participant has completed their campaign and if and when a Participant has received an email reminder.
Notice, Access, and Choice
We acknowledge that Participants have the right to access their personal information. Startup Rounds has no direct relationship with the Participant whose personal data it processes. A Participant who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to their Administrator. If requested to remove data we will respond within a reasonable and any legally mandated timeframe.
Administrators, as your data processor, we make available to you this Privacy Statement so that you can better understand our data practices and whether they are consistent with privacy notices you have made available to your Participants. If you receive a data-access request from a Participant about whom we host data and you would like our assistance in responding to that request, please contact us as described below. We will respond to requests within 30 days of receipt.
As your data processor, we will not share with third parties for their marketing purposes any Participant data collected by us, unless you direct us to do so and have the appropriate authorization to do so. We may transfer personal information to companies that help us provide our service. These companies are authorized to use your personal information only as necessary to provide these services to us.
These services may include:
Transfers to subsequent third parties are covered by the service agreements with our customers (Administrators).
We will retain personal data we process on behalf of our Administrators for as long as needed to provide services to our Administrators. Startup Rounds will retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We collect information for our Administrator, and have no direct relationship with the Participants whose personal data we process. If you are a Participant and would no longer like to be contacted by one of our an Administrator, please contact the Administrator that you interact with directly.
How Information is Used On The Sites and Products
Tracking Technologies We Use
As is true of most web sites, we gather certain information automatically and store it in log files. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We do link this automatically collected data to other information we collect about you.
We partner with a third party to either display advertising on our Web site or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here (or if located in the European Union click here). Please note this does not opt you out of being served ads. You will continue to receive generic ads.
The Way We Use Your Information
We never sell information about Participants or information provided by Administrators or website Visitors. We also do not use or share the personal information you provide to us online other than as described below without first giving you a chance to opt out, or otherwise prohibit such unrelated uses. We will not sell any of your personal information. We do not supplement personally identifiable information with information from any other sources.
We use the personal information you provide to us online as follows:
For any of the uses of your information that we describe above, you may opt out and forbid our use of the information for that purpose, by calling, mailing, or emailing us. For our contact information, please see the “Contact Us” section of this Privacy Statement. The only information a user cannot opt out of is service updates, which are important notices about the status of the Products and considered a part of the Service. You can also opt-out of secondary emails by following the ‘unsubscribe’ instructions present in each email we send out.
Sharing of Your Information
We do not sell personal information. We also do not share your information with any third parties except under the following very limited circumstances:
Voter Information with Administrator: Our business is to provide tools allowing you and your organization to perform online voting and customer crowd sourcing. Accordingly, we allow Administrators to view information about participation and turnout gathered in response to the elections/votes conducted.
As you Explicitly Allow: We may view information about Participants as you provide it prior to the campaign/vote or other submission or explicitly allow us to.
Agents Acting on Our Behalf: We may share some of your information with other business partners who provide us with technical services. They will be granted access to only that information which is necessary for them to do their jobs. Any agents to whom we grant access to personal information are contractually barred from using or releasing that information outside of the specific task we have asked them to perform. We have various agreements, policies, safeguards and certifications to ensure that these agents do not sell, distribute or use this information.
Credit Card Services: We use an integrated third party service to process credit cards. Our Site will capture your credit card information and submit it directly to the third party service without storing it on our systems. Please visit www.PayPal.com to learn more about their privacy and security features.
For Legal Reasons: We may disclose your information pursuant to judicial or other government subpoenas, warrants, orders, bankruptcy proceedings or similar legal process. We may also disclose your information if it is required to comply with the law, or with legal process served upon us, defend our legal rights or our property, or to act in urgent circumstances to protect the personal safety of our clients, employees, partners, or members of the public.
Third Party Tracking
Links to Third Party Sites
Our website contains links to other sites. We cannot control the privacy practices of such other sites. We encourage our users to be aware when they leave our Site and to read the privacy statements of each and every web site that collects personally identifiable information. This Privacy Statement applies solely to information collected by our website, Sites or our Products.
Social Media Widgets
Our website includes Social Media Features, such as the Facebook Like button and Widgets, such as the Share button or interactive mini-programs that run on our Site. These Features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy statement of the company providing it.
Our website offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. Our blog is managed by Hubspot. You may register to post a comment. We do not have access or control of the information posted to the blog. You will need to contact or login into the third party application if you want the personal information that was posted to the comments section removed. To learn how the Hubspot uses your information, please review their privacy statement at www.hubspot.com.
We post customer testimonials on our website which may contain personally identifiable information such as the customer’s name. We obtain the customer’s consent to post their name along with their testimonial prior to posting the testimonial.
How We Keep Your Information is Safe
All votes are encrypted. Campaigns/votes/ideas” will allow the Administrator to see how you voted or what idea you submitted. Information about how a Participant voted will never be provided to any person or entity outside of Startup Rounds and its business partners unless otherwise provided by the Administrator.
Administrators will be able to see whether or not you have voted or submitted ideas in any campaign/vote/crowd source campaign.
Startup Rounds does not maintain any physical servers or storage systems of our own. We partner with Amazon Web Services, Inc. for our computing power, database storage and content delivery. We do not have access to our partners’ physical servers or storage systems. To learn more about their privacy practices and security systems visit www.aws.amazon.com.
Additionally, Startup Rounds allows access to its Products and databases only to Startup Rounds personnel or authorized agents of Startup Rounds who have a demonstrated need to access the Products or databases for a particular task.
Our Commitment to Data Security
Our website, Sites and our Products both have security measures in place to help protect against the loss, misuse, and alteration of the data under our control. We use Secure Socket Layer (SSL) technology to protect information using both server authentication and data encryption to help ensure that your information is safe, secure, and available only to you. We also implement an advanced security method based on dynamic data and encoded session identifications, and host our website, and our Products, in a secure server environment that uses firewalls, passwords, and other advanced technology to prevent interference or access from outside intruders. We train and monitor any employee that has access to personal information. Finally, we provide unique user names and passwords that must be entered each time a Participant or Administrator logs in to our Products. These safeguards help prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of your information. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.
To our EU users, we are committed to complying with the General Data Protection Regulation and partnering with other businesses that share our commitment to privacy and the compliance with the GDPR. We will continue to make changes to our policies and practices to protect your privacy and ensure ongoing compliance with the GDPR. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Privacy Shield Certification
Startup Rounds LLC. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework, and we are in the process of re-certifying our compliance under this updated policy. We are committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List at https://www.privacyshield.gov/list.
Startup Rounds is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. We comply with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Framework, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission AND/OR the U.S. Department of Transportation. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Under certain conditions, more fully described on the Privacy Shield website at https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
General Data Protection Regulation
We are committed to complying with the GDPR. If you are a user located in the EU, please note that:
How You Can Make Changes and How We Make Changes
How To Access Or Correct Your Information
To get a complete record of the personal information associated with your account, to change any information, or request that we delete your account, please contact us by email at info@StartupRounds.com. If you request a change to your personal information, or you request us to delete your account, we will make the change or delete your account within 30 days after we receive your request.
We offer our visitors and customers a means to choose how we may use information provided. If, at any time after registering for information or ordering our Products, you change your mind about receiving information from us or about sharing your information with third parties, send us a request specifying your new choice. Simply email, call or write us. Our contact information is located in the “Contact Us” section at the beginning of this statement.
From time to time we send promotional materials by email, as described above in “The Way We Use Information.” Any email you receive from us will include an “unsubscribe” link that you can use to prohibit us from sending any additional information, and our postal address.
We will retain your information for as long as your account is active or as required to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at info@StartupRounds.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Changes to This Statement
We will occasionally update this Privacy Statement to reflect changes in our services and customer feedback. When we post changes to this Privacy Statement, we will revise the “last revised” date at the top of this statement. If there are material changes to this Policy Statement, or material changes in the way we use your personal information, we will notify you either by prominently posting a notice of such changes prior to implementing them, and giving you the option to opt-out of the new policy or procedures, or by sending you a notification of the changes directly, prior to implementing them through email. We encourage you to periodically review this Policy Statement to stay informed about how Startup Rounds collects and uses your private information.
Thank you for using https://www.AlphaGenSystems.com or StartupRounds.com. The Site and products accessed through the Site ("Products") are owned and operated by Startup Rounds LLC. The terms "AlphaGen Systems", "we", "our", and "us" refer to the Site, Startup Rounds and our affiliates.
To contact us, please go to the How to Contact Us.
1. About Us. We provide an online Products that enable individuals and organizations to run voting events.
3. How It Works. Users of our Products are either "Administrators" or "Participants." "Administrators" are the individuals or organizations who create the voting events and customer crowd sourcing campaigns. Administrators pay Startup Rounds to use our Products. Organizations or individuals who vote, submit ideas or review are "Participants" and count as “Users” in the Administrator’s plan terms. Participants do not pay a fee to cast campaigns or submit and idea. Administrators must register for an account following the instructions on our registration page.
4. License. Subject to these Terms, you are granted a non-exclusive, non-transferable, limited license to access and use our Products.
5. Who Can Use Our Products? You may not use our Products if you are:
a. A minor under the age of 16. None of our Products is intended for use by individuals less than 16 years old. If you are under 16 years old or do not have the power to form a contract with AlphaGen Systems or Startup Rounds, LLC, you may not use our Products. We recommend that parents and guardians directly supervise any use of our Products by minors.
b. Barred by law. You may only use our Products if you are not prohibited by any applicable laws from doing so. If you are located in a country embargoed by United States or other applicable law from receiving our Products or are on the U.S. Department of Commerce's Denied Persons List or Entity List, or the U.S. Treasury Department's list of Specially Designated Nationals, you are not permitted to purchase any paid Products from AlphaGen Systems or Startup Rounds LLC.
c. A competitor. You may not use our Products, without our prior written consent, if you are a competitor of AlphaGen Systems or Startup Rounds, LLC or affiliated with a competitor of ours, as determined by us, in our sole discretion.
d. A robot or using a program. All access to and use of our Products via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of our Products is strictly prohibited. Notwithstanding the foregoing, and solely with respect to a single sign on exception, AlphaGen Systems or Startup Rounds, LLC grants the operators of public search engines permission to use spiders to index materials from the site for the sole purpose of creating publicly available searchable indices of the materials. AlphaGen Systems or Startup Rounds, LLC reserves the right to revoke these exceptions either generally or in specific cases. You may not collect or harvest any personally identifiable information, including account names, from our Products, nor use the communication systems provided by our Products (e.g., comments, email) for any commercial purposes. You may not solicit, for commercial purposes, any users of our Products with respect to their Content.
e. Resident of Australia, Brazil or Japan. You may not use our Products if you reside in Australia, Brazil or Japan, unless you have a contract specifically tailored for you that is in addition to these Terms. If you are a resident of Australia, Brazil or Japan and would like to use our Products, please contact us at info@AlphaGenSystems.com or Startup Rounds, LLC.com.
6. Administrator's Fees, Payments, Term, Cancellation and Refund Policy. We offer Administrators three levels of service: AlphaGen Systems or Startup Rounds, LLC. Separate fee, payment, term, and cancellation terms apply to AlphaGen Systems or Startup Rounds, LLC Enterprise Products. If your organization is interested in purchasing our Enterprise Products, you should contact us for the fee, payment, term and cancellation terms at info@AlphaGenSystems.com or Startup Rounds, LLC.
a. AlphaGen Systems or Startup Rounds, LLC. AlphaGen Systems or Startup Rounds, LLC has a short, but variable length campaign term. You may cancel your account at any time by providing written notice to us at info@AlphaGenSystems.com or Startup Rounds, LLC.com. Your cancellation will be deemed to take effect one (1) week after the date upon which you provide such notice ("Cancellation Date"). If you do not cancel your account, it will automatically renew for another one (1) month term. All payments are made by credit card and processed by our third-party processor. You agree to pay the then current monthly fee and authorize us to charge your credit card the Fee, in advance, on a recurring monthly basis beginning on the date you register your account, and thereafter, on the first day of the month until your Cancellation Date. The Fee is non-refundable and will not be prorated. We reserve the right to change the fee for AlphaGen Systems or Startup Rounds, LLC Pro at any time.
b. AlphaGen Systems or Startup Rounds, LLC Premium. AlphaGen Systems or Startup Rounds, LLC Premium has a one (1) year term. You may cancel your account at the end of the one (1) year term by providing thirty (30) days' written notice to us at info@AlphaGenSystems.com or Startup Rounds, LLC.com. If you do not cancel your account at least thirty (30) days before the end of the term, it will automatically renew for another one (1) year term at our then current rates. All payments are made by credit card and processed by our third-party processor. You agree to pay AlphaGen Systems or Startup Rounds, LLC's then current annual fee (the "Premium Fee") and authorize us to charge your credit card 1/12th of the annual amount per month beginning on the date you register your account, and thereafter, on first day of the month until the Premium Fee is paid in full. The Premium Fee is non-refundable and will not be prorated. We reserve the right to change the fee for AlphaGen Systems or Startup Rounds, LLC Premium at the end of each annual term.
c. Rates. Our current rates are listed here.
d. Taxes. Unless otherwise stated, you are responsible for any sales or use taxes or duties associated with the sale of our Products (collectively, "Taxes") and must pay AlphaGen Systems or Startup Rounds, LLC without any reduction for Taxes. If AlphaGen Systems or Startup Rounds, LLC is obliged to collect or pay Taxes, any such Taxes will be payable by you and charged to your credit card on file with us, unless you provide AlphaGen Systems or Startup Rounds, LLC with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. You authorize AlphaGen Systems or Startup Rounds, LLC to charge your credit card on file for any such Taxes. AlphaGen Systems or Startup Rounds, LLC will not charge you a VAT tax, if you provide us with VAT number issued by a taxing authority in the European Union and are purchasing our Products for business purposes. If you are required by law to withhold any Taxes from your payments to AlphaGen Systems or Startup Rounds, LLC, you must provide AlphaGen Systems or Startup Rounds, LLC with an official tax receipt or other appropriate documentation to support such payments. You may email your certificate of tax-exempt status, VAT number or other tax information to us at info@AlphaGenSystems.com or Startup Rounds, LLC.com.
7. Your Content. Any "Content" (defined below) you submit to AlphaGen Systems or Startup Rounds, LLC (including personal data and the personal data of others), and including text, graphics, photos, documents, video and audio recordings, to be used with our Products is subject to these Terms and the following conditions:
c. Authority. You shall be solely responsible for your Content and the consequences of uploading, submitting and publishing your Content with respect to our Products. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish your Content; and
d. License. You retain the ownership rights in your Content. However, by submitting such Content to AlphaGen Systems or Startup Rounds, LLC, you hereby grant AlphaGen Systems or Startup Rounds, LLC a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, and display, the Content in connection with our Products and AlphaGen Systems or Startup Rounds, LLC's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of our Products (and derivative works thereof) in any media formats and through any media channels.
e. Copyrighted material. Content you submit to our Products may not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant AlphaGen Systems or Startup Rounds, LLC all of the license rights granted herein. AlphaGen Systems or Startup Rounds, LLC does not permit copyright infringing activities and infringement of intellectual property rights on our Products, and AlphaGen Systems or Startup Rounds, LLC will remove all Content if properly notified that such Content infringes on another's intellectual property rights. AlphaGen Systems or Startup Rounds, LLC reserves the right to remove Content without prior notice. To notify us of a copyright violation, please go here. To notify us of a trademark violation, please email us at info@AlphaGenSystems.com or Startup Rounds, LLC.com. AlphaGen Systems or Startup Rounds, LLC reserves the right to remove Content without prior notice for any reason whatsoever
f. Prohibited content. You may not submit any Content or other material, or encourage others to act in a manner, that is:
i. Illegal. Violates applicable local, national, and international laws and regulations.
ii. Infringe. Infringes upon another person or entity's copyright or intellectual property rights.
iii. Offensive, libelous, harmful. Offensive, threatening, libelous, defamatory, pornographic, obscene, harmful, abusive, harassing, tortuous, defamatory, vulgar, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by AlphaGen Systems or Startup Rounds, LLC, in AlphaGen Systems or Startup Rounds, LLC's sole discretion.
g. No endorsement. AlphaGen Systems or Startup Rounds, LLC does not endorse any Content submitted by any user, third party or other licensor, or any opinion, recommendation, or advice expressed therein, and AlphaGen Systems or Startup Rounds, LLC expressly disclaims any and all liability in connection with such Content.
h. No pre-screening. AlphaGen Systems or Startup Rounds, LLC does not review or pre-screen the contents of electronic data uploaded or posted to our Platform by users.
8. Third Party Content. Our Products may contain links to third party websites that are not owned or controlled by AlphaGen Systems or Startup Rounds, LLC. AlphaGen Systems or Startup Rounds, LLC has no control over, and assumes no responsibility for the Content, privacy policies, or practices of any third party websites. In addition, AlphaGen Systems or Startup Rounds, LLC will not and cannot censor or edit the Content of any third-party site. AlphaGen Systems or Startup Rounds, LLC shall have no liability arising from your use of any third-party website. You understand that when using our Products, you may be exposed to Content from a variety of sources, and that AlphaGen Systems or Startup Rounds, LLC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you waive, any legal or equitable rights or remedies you have or may have against AlphaGen Systems or Startup Rounds, LLC with respect thereto, and, to the extent permitted by applicable law, indemnify and hold harmless AlphaGen Systems or Startup Rounds, LLC, its owners, operators, affiliates, licensors, and licensees to the fullest extent permitted by law regarding all matters related to your use of our Products.
9. Prohibited Acts. You may not:
a. Reproduce or resell. Reproduce, duplicate, copy, sell, resell or exploit access to our Products, including, but not limited to the HTML or any visual design elements without the express written consent of AlphaGen Systems or Startup Rounds, LLC.
b. Tamper. Modify, reverse engineer, decompile, adapt or otherwise tamper with our Products or modify another website so as to falsely imply that it is associated with our Products, AlphaGen Systems or Startup Rounds, LLC, or any other software or service provided by AlphaGen Systems or Startup Rounds, LLC.
c. Interfere. Interfere with, disrupt or attempt to interfere or disrupt our Products, our domains, websites, servers, networks, services or other equipment connected to our Products.
d. Infringe. Use our Products in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of these Terms.
e. Send spam. Use our Products to upload, post, host, or transmit unsolicited bulk e-mail "Spam".
f. Install malware. Use our Products to upload, post, host, or transmit viruses, self-replicating computer programs "Worms" or any code of a destructive or malicious nature.
g. Harm minors. Harm minors in any way.
h. Impersonate. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
i. Violate the law. Intentionally or unintentionally violate any applicable local, state, national or international law.
j. Promote terrorism. 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.
k. Store certain data. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in these Terms.
l. No disabling security features. You may not circumvent, disable or otherwise interfere with security-related features of our Products or features that prevent or restrict use or copying of any Content or enforce limitations on use of our Products or the Content therein.
10.Our Copyright and Intellectual Property Rights. Our Products are protected by the copyright laws of the United States and international copyright laws and treaties, as well as other laws and treaties. Except for the non-exclusive license granted pursuant to these Terms, all ownership, license, intellectual property and other rights and interests in and to our Products shall remain solely with AlphaGen Systems and/or Startup Rounds, LLC.
a. Trademarks. The Products and Content, trademarks, service marks and logos ("Marks") on our Products, are owned by or licensed to AlphaGen Systems or Startup Rounds, LLC, and are subject to trademark and other intellectual property rights under the law.
b. Intended use only. You may access the AlphaGen Systems or Startup Rounds, LLC website for your informational use solely as intended through the provided functionality of our Products and as permitted under these Terms. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any part of the AlphaGen Systems or Startup Rounds, LLC website, its Content, or our Products for any other purposes without the prior written consent of AlphaGen Systems or Startup Rounds, LLC or the respective licensors of the Content. AlphaGen Systems or Startup Rounds, LLC and its licensors reserve all rights not expressly granted in and to our Products.
a. Keep your password secure. If you have been issued an account by AlphaGen Systems or Startup Rounds, LLC in connection with your use of our Products, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not AlphaGen Systems or Startup Rounds, LLC, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you must notify AlphaGen Systems or Startup Rounds, LLC immediately. Accounts may not be shared and may only be used by one individual per account. You must exit your account at the end of each session.
b. Keep your details accurate. When you register for an account, you must provide data about yourself, including but not limited to, your email address, and, where applicable, your contact details and payment details ("Registration Data"). You must keep your Registration Data current, complete and accurate. If you provide Registration Date that is untrue, inaccurate, not current or incomplete, or if AlphaGen Systems or Startup Rounds, LLC has reason to believe that your Registration Data is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account.
12.Cancellation and Termination
a. Duration of license and account inactivity. The duration of your license (how long you can use our Products) is set forth on your registration or order confirmation. AlphaGen Systems or Startup Rounds, LLC may terminate your account and delete any Content contained in it if there is no account activity (such as a log in event or payment) for a period of 12 months.
b. Misuse. If you misuse our Products or otherwise do not comply with these Terms, AlphaGen Systems or Startup Rounds, LLC, in its sole discretion, has the right to cancel, or terminate our Products or your account at any time, without prior notice to you, and pursue any other remedy legally available to it. AlphaGen Systems or Startup Rounds, LLC reserves the sole and exclusive right to decide whether or not you are in compliance with these Terms.
c. Other reasons. Additionally, AlphaGen Systems or Startup Rounds, LLC reserves the right to cancel or terminate your use of Products or your account for the following additional reasons:
i. If requested by law enforcement, court order or other judicial process;
ii. If AlphaGen Systems or Startup Rounds, LLC makes a material alteration or modification to an AlphaGen Systems or Startup Rounds, LLC application/API;
iii. If an unexpected technical or security issue arises;
iv. If you engage in fraudulent or illegal activities, whether or not those activities are related to your use of AlphaGen Systems or Startup Rounds, LLC; or
v. For any reason, if AlphaGen Systems or Startup Rounds, LLC, in our sole discretion, believes it to be in AlphaGen Systems or Startup Rounds, LLC's best interest to do so.
Limitations. This Section includes important disclaimers and limitations on AlphaGen
Systems or Startup Rounds, LLC's liability.
THIS SECTION IS EXTREMELY IMPORTANT. PLEASE READ IT CAREFULLY.
a. As is. To the maximum extent permitted by law, our Products are provided entirely "as is," without any warranty whatsoever, and all warranties of any kind, either express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, are hereby expressly disclaimed, and you hereby waive all such warranties.
b. No warranty. No advice or information, whether oral or written, obtained by you from AlphaGen Systems or Startup Rounds, LLC or through or from the AlphaGen Systems or Startup Rounds, LLC applications shall create any warranty not expressly stated in these Terms.
c. Limitation of liability. In no event shall AlphaGen Systems or Startup Rounds, LLC, our officers, directors, employees, contractors, subcontractors, suppliers, agents, affiliates, subsidiaries, successors or assigns be liable to you or any party for any direct, consequential, incidental, special or other indirect (including without limitation, cost of cover) damages, loss or injury arising out of or in connection with these Terms, our Products or any services, content or other materials provided or available hereunder, or use of any other links or linked websites, even if we are expressly advised of the possibility of such damages, and regardless of whether such damages arise in contract, tort (including without limitation negligence), strict liability or other legal basis.
d. Damages. The term "damages" includes, without limitation, attorneys' fees, lost profits, physical and/or personal injury, business interruption, and loss of programs or other data on you information handling system. You agree and acknowledge the economic terms of these Terms fairly and equitably reflect the foregoing allocation of risk and such allocation of risk is a material inducement for us to make our Products website and other content and materials available to you.
14.Digital Millennium Copyright Act
a. Infringement. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b. Copyright agent. Notifications to our copyright agent may be emailed to info@AlphaGenSystems.com or Startup Rounds, LLC.com. Any other feedback, comments, requests for technical support, and other communications should be directed to AlphaGen Systems or Startup Rounds, LLC customer service at info@AlphaGenSystems.com or Startup Rounds, LLC.com. If you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
c. Counter-notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
i. Your physical or electronic signature;
ii. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
iii. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
iv. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the United States District Court for the State of Rhode Island, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
v. If a counter-notice is received by the Copyright Agent, AlphaGen Systems or Startup Rounds, LLC may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at AlphaGen Systems or Startup Rounds, LLC's sole discretion.
15.Changes and Updates
a. Changes to Products. We regularly update our Products. AlphaGen Systems or Startup Rounds, LLC may add, alter, or remove functionality or features from our Products at any time without prior notice. AlphaGen Systems or Startup Rounds, LLC may also limit, suspend, or discontinue our Products at our discretion. If AlphaGen Systems or Startup Rounds, LLC discontinues our Products, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from our Products. AlphaGen Systems or Startup Rounds, LLC may remove Content from our Products at any time in its sole discretion, although AlphaGen Systems or Startup Rounds, LLC will endeavor to notify you before it does so if it materially impacts you and if practicable under the circumstances.
b. Changes to Terms. AlphaGen Systems or Startup Rounds, LLC may change these Terms at any time and for any reason, such as to reflect changes in applicable law or updates to Products, and to account for new Products or functionality. Changes will be effective the day they are posted here. If you do not want to agree to any changes made to these Terms, you must immediately discontinue using our Products, because by continuing to use our Products you indicate your agreement to be bound by the updated terms.
16.Maintenance. AlphaGen Systems or Startup Rounds, LLC reserves the right to temporarily suspend access to our Products for any reason it deems necessary, including, but not limited to, maintenance, repairs or installation of upgrades, and we will, if practicable, provide notice prior to any such suspension.
b. No Class Action. If a claim is arbitrated, you give up your right to participate as a class representative or member for any claim you may have against AlphaGen Systems or Startup Rounds, LLC, including any right to class arbitration or any consolidation of individual arbitrations or to bring or participate in a class action as set forth in any state statute.
c. No Jury Trial. You expressly waive your right to a jury trial.
d. Arbitrator's Decision Final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act (9 U.S.C. §1 et seq.), and not any state law concerning arbitration, governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator's award. If any part of this clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, the provisions of Section 18 of these Terms shall apply to such person or persons only, and all other persons shall continue to be governed by the Arbitration Clause.
e. Injunctive Relief. Notwithstanding the terms of this Section 16, if you violate or threaten to violate AlphaGen Systems or Startup Rounds, LLC's intellectual property rights, AlphaGen Systems or Startup Rounds, LLC may seek injunctive or other appropriate relief in any court in the State of Rhode Island, and you consent to exclusive jurisdiction and venue in such courts.
18.Choice of Law, Forum, and Venue. The laws of the State of Rhode Island, without giving effect to its conflict of laws principles, govern all matters arising out of or related to these terms and the transactions it contemplates, including, without limitation, its interpretation, construction, performance, and enforcement. If Section 16 is found not to have legal affect by any court with jurisdiction over these Terms, jurisdiction over actions arising out of or related to these Terms, and jurisdiction over AlphaGen Systems or Startup Rounds, LLC, then if you bring a legal action or proceeding against AlphaGen Systems or Startup Rounds, LLC arising out of or related to these Terms, you may only bring such action or proceeding in the United States District Court for the State of Rhode Island, or in any court of the State of Rhode Island.
19.Terms for Certain Customers and Countries. If you are one of the entities identified below, the following provisions apply to you upon the acceptance of these Terms.
a. Customer Specific Terms. If you are a United States Federal Government Agency, or different type of government entity in the United States, we have provided you with separate terms that apply to you.
a. Language. These terms were prepared and are written in English. To the extent any translated version conflicts with the English version, the English version controls, except to the extent prohibited by any applicable law.
b. Content. As used herein, the term "Content" shall include text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials. This Content may be created by us, you or a third party.
c. Transmission of Data. AlphaGen Systems or Startup Rounds, LLC may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run our Products. The technical processing and transmission of data associated with our Products, including Content, may be transmitted unencrypted and involve transmissions over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices.
d. Severability and Waiver. AlphaGen Systems or Startup Rounds, LLC's failure to exercise or enforce any of these Terms shall not constitute a waiver of the Terms. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, such court should endeavor to give full effect to the parties' intentions as reflected in these Terms, and the remainder of these Terms remain in full effect. The failure of AlphaGen Systems or Startup Rounds, LLC to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
e. Entire Agreement. These Terms constitute the entire agreement between you and AlphaGen Systems or Startup Rounds, LLC and govern your use of our Products, superseding any prior agreements between you and AlphaGen Systems or Startup Rounds, LLC (including, but not limited to, any prior versions of the Terms).
f. No Assignment. You may not assign your rights or delegate your duties under this license to access our Products without the prior written consent of AlphaGen Systems or Startup Rounds, LLC.
g. Indemnification. You agree to indemnify and defend AlphaGen Systems or Startup Rounds, LLC and our subsidiaries, affiliates, officers, agents, employees, partners, licensors and licensees from any claim or demand, including attorney's fees and costs, made by any third party due to or arising out of your use of our Products. Persons other than individuals. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation and that you have duly authorized your agent to bind you to these Terms.
h. How to Contact Us. You can contact us by
email, text message, phone, or regular mail and we will respond to your query
within 30 days.
Mail: Startup Rounds, 7512 Post Road, North Kingstown, RI 02852