This policy is effective as of September 13, 2023.
AGREEMENT BETWEEN USER AND ROLLCALL
"Rollcall" is comprised of various Web pages operated by Rollcall located at https://www.dorollcall.com
Rollcall is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Rollcall constitutes your agreement to all such terms, conditions, and notices. When you create an account at Rollcall, you accept these terms and conditions.
LINKS TO THIRD PARTY SITES
Rollcall may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Rollcall and Rollcall is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Rollcall is not responsible for any other form of transmission received from any Linked Site. Rollcall is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Rollcall of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Rollcall Web Site, you warrant to Rollcall that you will not use Rollcall for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Rollcall in any manner which could damage, disable, overburden, or impair Rollcall or interfere with any other party's use and enjoyment of Rollcall. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Rollcall.
USER CONDUCT
Rollcall reserves the right, but does not assume the responsibility, to monitor or review your conduct on Rollcall. Your use of Rollcall is subject to all applicable local, state, national and international laws and regulations.
In using Rollcall you agree not to:
Post, transmit, or otherwise make available, through or in connection with Rollcall:
Anything that is or may be (a) unlawful, threatening, harassing, degrading, abusive, hateful or intimidating; (b) defamatory; libelous or invasive of another's privacy; (c) fraudulent or tortious; (d) vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense, including prostitution; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
Any virus, worm, Trojan Horse, easter egg, time bomb, spyware, cancelbot, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme", survey, contest, or investment opportunity, or any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise).
Any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
Any Materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Impersonate any person or entity, including without limitation any of our officials, forum leaders, guides or hosts; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make.
Interfere with or disrupt the operation of Rollcall or the servers or networks used to make Rollcall available; or violate any requirements, procedures, policies or regulations of such networks.
Use Rollcall to distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services without our express prior written consent; or use Rollcall in a commercial manner.
Attempt to gain unauthorized access to Rollcall, other accounts, computer systems or networks connected to Rollcall, through password mining or any other means.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Content or Materials from Rollcall or reproduce or circumvent the navigational structure or presentation of Rollcall.
Engage in any other conduct which, in Rollcall’s sole discretion, is considered inappropriate, unauthorized or objectionable.
NO SPAMMING
You agree not use any feature of Rollcall for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by Rollcall . If you use any feature of Rollcall for the purpose of sending Spam, your right to use Rollcall immediately terminates and Rollcall reserves the right to seek appropriate legal recourse, as necessary. You agree that Rollcall may, at its sole discretion, immediately remove any communications that it reasonably believes constitutes "Spamming," including removal of any contact information related thereto. If you believe that others are using Rollcall for spam purposes, please notify us by emailing Rollcall at adam@dorollcall.com. Please note that by posting a public event you are consenting to receive, and authorizing Rollcall to forward to you, emails from other users. Such messages are not included in the above definition of Spam.
USE OF COMMUNICATION SERVICES
Rollcall may contain message board services, chat areas, news groups, forums, communities, personal web pages, one-to-one messaging, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. Rollcall has no obligation to monitor the Communication Services. However, Rollcall reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Rollcall reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Rollcall reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Rollcall's sole discretion.
MATERIALS PROVIDED TO Rollcall OR POSTED AT ANY Rollcall WEB SITE
Rollcall does not claim ownership of the materials you provide to Rollcall (including feedback and suggestions) or post, upload, input or submit to Rollcall or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Rollcall, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Rollcall is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Rollcall's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
PAID MEMBERSHIPS
Pro memberships are paid versions of Rollcall. When purchasing a paid membership you can choose to be billed according to the subscription period selected. You are responsible for any applicable sales tax or other government fees owed in connection with your paid membership. Your membership will renew based on the subscription period selected at purchase. The amount billed for your paid membership may vary with each subscription period due to changes in applicable sales tax or governmental fees. Your membership will auto-renew every period unless canceled prior to the next billing date. It is your responsibility to promptly provide Rollcall with any contact or billing information changes or updates (including, address, credit card number, etc). New features will be added to the paid versions of Rollcall on a regular basis. Some features may become free at the sole discretion of Rollcall
PAYMENT
Payment for services is made by credit card in US Dollars and is non-refundable. Rollcall reserves the right to cancel your membership in the case of non-payment or invalid credit card. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Member. If payment is not current, Rollcall may immediately cease to provide any and all Deliverables to the Member. You must notify Rollcall about any billing problems or discrepancies within 90 days after charges first appear on your statement. If it is not brought to the attention of Rollcall within 90 days, you agree to waive your right to dispute such problems or discrepancies.
CREDIT BALANCES
Use of Your Credit Balance
Credits can be purchased on the App Store through the Rollcall mobile app. Your Credit Balance may be used to send event invitations to guests through your Rollcall account on the Rollcall App. Redemption of your Credit Balance for Rollcall Services is subject to the Rollcall Terms. Please note that Rollcall may change the credit pricing, the number of credits needed for Rollcall Services, or the type of the Rollcall Services at any time. However, your Credit Balance may be used in exchange for Rollcall Services at the current prices.
Bonus Credits
Rollcall may, under certain circumstances and from time to time, offer or otherwise make available a discretionary or “bonus” amount in your account (“Bonus Credit Balance”). For example, Rollcall may offer Bonus Credits for creating a new account for the first time.
If you have any Bonus Credits in your account, any redemption of your Credit Balance for Rollcall Services will first use up your Bonus Credits. Once your Bonus Credits has been reduced to zero, any further redemptions will be from your regular (purchased) Credit Balance.
As described below, your Bonus Credits are never refundable or redeemable for cash, and may expire.
Refund of Your Credit Balance
Your Credit Balance is non-refundable. No portion of the amount is refundable or redeemable for cash except where required by applicable law.
Any Bonus Credits are never refundable or redeemable for cash.
Expiration of Your Credit Balance
Your Credit Balance (including Bonus Credits) expires 1 year after purchase or being added to the account. Redemption of your Credit Balance for Rollcall Services will first use up most recently purchased Credits (after using Bonus Credits).
Forfeiture of Your Credit Balance
If you delete your account with Rollcall, your Credit Balance (including any Bonus Credits) will be permanently forfeited.
TEXT MESSAGING SERVICES
The following are the SMS Terms for the Rollcall SMS program:
As part of the Services, you are able to send and receive short message service (“SMS”) related to an Invitation. You must have permission from each Recipient before you send any Messages to such Recipient through the Services. If you do not have permission to send Messages to a Recipient, you must not send any Messages through the Services to such Recipient.
Once you are registered, we may send you notifications via SMS about an Invitation and/or Greeting Card that you have sent or received. Message frequency will vary.
You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.
If you experience issues with the messaging program, you can reply with the keyword HELP for more assistance, or you can get help directly at adam@dorollcall.com.
Carriers are not liable for delayed or undelivered messages.
Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
If you have any questions regarding privacy, please read our Privacy Policy.
INDEMNITY
You agree to indemnify and hold harmless Rollcall, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of and access to Rollcall, your violation of the TOS, your violation of any rights of another person or entity, or your violation of any applicable laws or regulations.
APPLICABLE LAW
By visiting https://www.dorollcall.com, https://www.rollcall.rsvp, or accessing our mobile application, you agree to submit to the personal and exclusive jurisdiction of the courts of Middlesex County, Massachusetts.
MERGER OR ACQUISITION
It is possible that the services and/or related assets of Rollcall might be acquired as part of a merger or acquisition. In such an event, you understand and agree that Rollcall may assign its rights under these Terms and that your personal information may be transferred to the succeeding entity.
LIABILITY DISCLAIMER
Rollcall AND THE Rollcall COLLECTION OF WEBSITE SERVICES AND CONTENT ARE PROVIDED "AS-IS" WITHOUT EXCEPTION.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH Rollcall MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Rollcall AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO Rollcall AT ANY TIME.
Rollcall AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON Rollcall FOR ANY PURPOSE. Rollcall AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Rollcall AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF Rollcall, WITH THE DELAY OR INABILITY TO USE Rollcall OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH Rollcall, OR OTHERWISE ARISING OUT OF THE USE OF Rollcall, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Rollcall OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF Rollcall, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING Rollcall.
TERMINATION/ACCESS RESTRICTION
Rollcall reserves the right, in its sole discretion, to terminate your access to Rollcall and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws the laws of the Commonwealth of Massachusetts, United States of America, without regard to its conflict of law provisions. You agree any action at law, or in equity arising out of, or relating to these Terms and Conditions shall be filed only in the state or federal courts in Suffolk County, Boston, Massachusetts, United States of America in all disputes arising out of or relating to the use of Rollcall.
Use of Rollcall is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Rollcall as a result of this agreement or use of Rollcall. Rollcall's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Rollcall's right to comply with governmental, court and law enforcement requests or requirements relating to your use of Rollcall or information provided to or gathered by Rollcall with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Rollcall with respect to Rollcall and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Rollcall with respect to Rollcall. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of Rollcall are copyright 2023, Rollcall and/or its suppliers. All rights reserved. The names of actual companies and products mentioned on Rollcall may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
Unless otherwise noted, all materials, including, but not limited to names, logos, images, text, illustrations, designs, icons, photographs, characters, video clips and written and other materials that appear on this site (collectively, the “Contents”) are copyrights, trademarks, and/or other intellectual property owned, controlled or licensed by Rollcall, one of its affiliates or by third parties who have licensed their materials to Rollcall, and are protected by U.S. and international copyright laws. You may not reuse, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale or exploit in any manner, in whole or in part, any of the Contents.
MODIFICATION OF THESE TERMS OF USE
Rollcall reserves the right to change the terms, conditions, and notices under which Rollcall is offered. The effective date will be posted at the top of this agreement if any changes are made to the agreement.