These terms and conditions of use (this "Agreement") apply to all visitors to www.radicalmedia.com (the "Site"), as well as to all information and/or services provided to you on or through the Site (the "information"). @radical.media, Inc. ("Radical", "we", "our", "us") maintains this Site for the information and entertainment of the user. Please read this Agreement carefully before using the Site. By using the Site, you are agreeing to these terms and conditions in addition to any other law or regulation that applies to the Site, the internet, and/or the World Wide Web. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms and conditions at any time without notice to you. Please check this Agreement periodically for changes. Your continued use of the Site following any change, modification, addition or removal of terms and/or conditions signifies your acceptance of any of those changes. If you do not agree with this Agreement, or any change thereto, please exit the Site immediately.
2.1 Radical and its affiliates, officers, directors, owners, agents, content providers, licensors and licensees assume no liability for any direct, indirect, special, consequential, punitive and/or incidental damages of any kind whatsoever, including, but not limited to, lost profits or attorneys' fees, in any way due to, resulting from, or arising in connection with your access to, use of, browsing on, downloading of any images, video, materials or audio from the Site, inability to access, or use the Site, or from your reliance on any information provided on the Site. This includes but is not limited to damage to property or viruses that may infect your computer equipment or other related property. Radical assumes no responsibility or liability for any obscenity, error, libel, slander, profanity, omission, falsehood, pornography, danger or inaccuracy of content.
2.2 You agree to indemnify, defend and hold Radical, its affiliates, officers, directors, owners, agents, clients, content providers, licensors and licensees harmless from any claim, expense or demand, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
All content contained on the Site, including but not limited to video, clips, photographs, text, graphics, logos, icons, images and software (collectively, "Content"), is the property of Radical or its affiliates and/or their respective licensors and is protected by U.S. and/or international copyright laws. Any reproduction, modification, distribution, transmission, republication, display or performance of the Content contained on the Site is strictly prohibited; however, you may print copies of any Content or portion thereof contained on the Site for your personal use only. If you use material appearing on the Site other than as expressly permitted in this Agreement, you may be liable for infringement, misappropriation or other causes of action.
Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Site (collectively, the "Trademarks") are the property of Radical and/or its respective licensors and are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute, modify or post any Trademarks in any way, including in advertising or publicity pertaining to or distribution of materials on the Site, without our prior written consent. The Trademarks may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits Radical, its affiliates or licensors.
The Site may include links to other websites that may be of interest to you. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.
6. DISCLAIMER OF WARRANTIES
6.1 YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. RADICAL DOES NOT MAKE ANY REPRESENTATION OR WARRANTY (i) AS TO THE ACCURACY, CORRECTNESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THE WEBSITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THE WEBSITE, OR (ii) GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT APPEARING ON THE WEBSITE. RADICAL IS NOT RESPONSIBLE FOR ANY FAILURES, DELAYS OR INTERRUPTIONS OF THE WEBSITE. THE WEBSITE IS PROVIDED TO YOU "AS IS" AND RADICAL MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, RADICAL DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
6.2 YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL RADICAL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT OBTAINED THROUGH THE WEBSITE OR CAUSED BY YOUR CONDUCT. RADICAL DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE, AND THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
7. LIMITATION OF LIABILITY
7.1 IN NO EVENT SHALL RADICAL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS OR BUSINESS, OR ANTICIPATED LOST PROFITS OR BUSINESS, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. RADICAL’S OR ITS AFFILIATES AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATED TO THE WEBSITE OR THIS AGREEMENT IS LIMITED TO $100.
7.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 6 OR 7 HEREOF MAY NOT APPLY TO YOU.
At present Radical does not collect "cookies" via this Site. In the future, this Site may utilize cookies to collect information about how our Site is used. Cookies are small text files that web sites can send to your internet browser so that we are able to recognize you when you return to the Site. We could collect the information about your use of our Site to provide you with a site and service which suits your interest. Should we begin to collect cookies, you may set your browser to either notify you when you receive a cookie or to automatically refuse receipt of all cookies. Such settings may inhibit your use of our Site.
We do respect your privacy. Any information that you input on the Site (e.g. using the e-mail link feature) will be retained in our database. We do not systematically collect any other personal data. We may use your e-mail address to provide you with e-mailed updates about Radical. If you would like us to remove your e-mail address from our records, please notify us of this preference via an e-mail to email@example.com, and we will endeavor to promptly remove your e-mail address from our records. Please note, although we do not, generally speaking, share any personal information you provide to us with third parties, we may share or give access to such information with third party companies and individuals we engage to provide services on our behalf (e.g. database management services). We also cooperate with government and law enforcement officials and private parties to enforce and comply with the law, and we may disclose personal information about you if we believe it is necessary or appropriate to do so in response to claims or legal process, or to protect the property and safety of any person in our discretion, or to prevent any activity we consider as posing a risk of being illegal, unethical or legally actionable. We may also sell, transfer, or otherwise disclose any personal information we possess in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. Please note, any information you transfer to us through the Site (including any personal information you provide) will be maintained on computers located in the United States of America. Your submission of such information represents your agreement to that transfer. We do not knowingly collect any personally identifiable information from children under 13, and the Site is not directed to children. If we become aware that a child under 13 has provided us with any personally identifiable information, we will delete such information from our files.
10. Governing Law
You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the internal laws of the State of New York, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of New York. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by Radical, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement, along with any other terms and conditions regulating use of the Website, sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement and any ancillary terms and conditions will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
Last Modified: May 18, 2010
Site Terms and Conditions May 2010