and Conditions of Use
Last updated: May 9,
YOUR USE OF THIS WEBSITE
AND THE SERVICES OFFERED AND CONTENT CONTAINED HEREIN CONSTITUTES YOUR
AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
YOU MUST BE AT LEAST
18 YEARS OLD TO USE THIS WEBSITE, OR, IF YOU ARE BETWEEN THE AGES OF 13 AND 18,
YOU MUST HAVE YOUR PARENT OR GUARDIAN’S PERMISSION TO USE THE PLATFORM AND YOU
REPRESENT AND WARRANT THAT YOU HAVE YOUR PARENT OR GUARDIAN’S PERMISSION.
website, including all of its features and content (“Website”) is a service
made available by RadicalMedia LLC or its affiliates (“Radical”) and all
content, information, services, text, photographs, video, audio, graphics and
software ordered or provided on or through this Website (“Content”) may be used
1. Website Limited
This Website and the Content are protected by copyrights, trademarks,
patents, service marks, international treaties, and/or other proprietary rights
and laws of the U.S. and other countries. As a visitor to this Website you are
granted a nonexclusive, nontransferable, revocable, limited license to access
may terminate this license at any time for any reason.
2. Limitations on
Use; Third Party Communications.
2.1. Limitations on
Unless otherwise agreed by you and Radical in a separate written
agreement, the Content on this Website is for your personal use only and not
for commercial exploitation. You may not use this Website or the Content for
any illegal purpose, in any illegal manner or in any manner inconsistent with
decompile, recompile, reverse engineer, disassemble, rent, lease, loan, sell,
sublicense, or create derivative works from this Website or the Content. You
may not use any network monitoring or discovery software to determine the Website’s
architecture, or extract information about usage, individual identities or
users. You may not use any robot, spider, crawler, scraper, any other automatic
software, or a camera or other device or manual process to monitor or copy the Website
or the Content. You may not use this Website to transmit any false, misleading,
fraudulent or illegal communications. You may not copy, modify, reproduce,
republish, distribute, display, or transmit for commercial, noncommercial or public
purposes all or any portion of this Website or the Content. You may not use,
transfer, distribute or dispose of this Website or the Content in any manner
that could compete with the business of Radical. You may not use or otherwise export or
re-export this Website or any portion thereof, or the Content in violation of
the export control laws and regulations of the United States of America. Any
unauthorized use of this Website or its Content is prohibited.
2.2. Third Party
Radical disclaims all liability for any Third Party
Communications, as defined below, that you may receive and any actions you may
take or refrain from taking as a result of any Third Party Communications. You
are solely responsible for assessing and verifying the identity and
trustworthiness of the source and content of any Third Party Communications. Radical
assumes no responsibility for verifying, and makes no representations or
warranties regarding, the identity or trustworthiness of the source or content
of any Third Party Communications. As used herein, “Third Party Communications”
means any communications directed to you from any third party directly or
indirectly in connection with this Website or Content.
Except as expressly
conferring on you or any third party any license or right, by implication,
estoppel or otherwise, under any law (whether common law or statutory law),
rule or regulation including, without limitation, those related to copyright or
other intellectual property rights. You agree that the Content and Website are
protected by copyrights, trademarks, service marks, patents and/or other proprietary
rights and laws.
4. Linking to this Website.
You may provide links to this Website, provided that (a) you do not remove or
obscure, by framing or otherwise, any portion of this Website, including any
this Website, (b) you immediately deactivate and discontinue providing links to
this Website if requested by Radical and (c) Radical may deactivate any link(s)
at its sole discretion.
5. No Solicitation.
You shall not distribute on or through this Website any advertising, promotion,
solicitation for goods, services or funds or solicitation for others to become
members of any enterprise or organization without the express written permission
may contain advertising and sponsorship. Advertisers and sponsors are
responsible for ensuring that material submitted for inclusion on this Website
is accurate and complies with applicable laws. Radical will not be responsible
for the illegality of or any error or inaccuracy in advertisers’ or sponsors’
materials or for the acts or omissions of advertisers and sponsors.
7. Errors and
Radical does not represent or warrant that this Website or the
Content will be error-free, free of viruses or other harmful components, or
that defects will be corrected or that it will always be accessible. Radical does
not warrant or represent that the Content will be correct, accurate, timely, or
otherwise reliable. Radical may make improvements and/or changes to its
features, functionality or Content at any time.
8. Third Party
Third party content may appear on this Website or may be accessible
via links from this Website. Radical shall not be responsible for and assumes
no liability for any infringement, mistakes, misstatements of law, defamation,
slander, libel, omissions, falsehood, obscenity, pornography or profanity in
the statements, opinions, representations or any other form of content
contained in any third party content appearing on this Website. You understand
that the information and opinions in the third party content is neither
endorsed by nor does it reflect the belief or opinion of Radical. Further,
information and opinions provided by employees and agents of Radical in
Interactive Areas are not necessarily endorsed by Radical and do not
necessarily represent the beliefs and opinions of Radical.
9. Assumption of
Unless prohibited by law, you assume all liability for any claims, suits
or grievances filed against you, including, but not limited to, all damages
related to your use of the Website and/or Content, unless they are caused by
Radical’s negligent act or omission.
PROHIBITED BY LAW, THIS WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS, AS
AVAILABLE” BASIS AND RADICAL EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE
WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. UNLESS PROHIBITED BY LAW, RADICAL DISCLAIMS ALL
RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND
RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR
OMISSIONS FROM THIS WEBSITE OR THE CONTENT INCLUDING, BUT NOT LIMITED TO,
TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY
COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR
INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO
ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THIS WEBSITE,
THE CONTENT OR ANY PORTION THEREOF, (E) YOUR USE OF THIS WEBSITE OR THE CONTENT,
OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE OR
LIMITATION OF LIABILITY.
UNLESS PROHIBITED BY LAW, RADICAL SHALL NOT BE LIABLE
FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM
YOUR USE OF THIS WEBSITE OR THE CONTENT, OR ANY FACTS OR OPINIONS APPEARING IN
ANY THIRD PARTY COMMUNICATIONS. UNLESS PROHIBITED BY LAW, RADICAL SHALL NOT BE
LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES)
IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY
TO USE THIS WEBSITE THE CONTENT, OR ANY THIRD PARTY COMMUNICATIONS. UNLESS
PROHIBITED BY LAW, TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS
PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, RADICAL’S SOLE OBLIGATION TO YOU
FOR DAMAGES SHALL BE LIMITED TO $100.00.
YOU AND RADICAL AGREE
THAT, UNLESS PROHIBITED BY LAW, ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY
DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND
THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A
REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION,
OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE
CAPACITY. YOU FURTHER AGREE THAT, UNLESS PROHIBITED BY LAW, NO PROCEEDING WILL
BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR
WRITTEN CONSENT OF RADICAL AND ALL PARTIES TO ANY SUCH PROCEEDING.
You agree to indemnify, defend and hold harmless Radical, its present and
future officers, directors, employees, agents, licensors, suppliers and any
third party information providers to this Website from and against all claims,
losses, expenses, damages and costs, including reasonable attorneys’ fees,
misleading information that you submit to Radical. Notwithstanding the foregoing, you shall not
be obligated to indemnify Radical for any act or omission of Radical that
constitutes negligence or breach of a duty imposed on Radical by applicable law.
13. Third Party
The provisions of paragraphs 10 (Disclaimer), 11 (Limitation of
Liability) and 12 (Indemnification) are for the benefit of Radical and its
present and future officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to this Website. Each of
these individuals or entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.
Activity; Termination of Access.
Radical reserves the right to investigate
deems appropriate including but not limited to reporting any suspected unlawful
activity to law enforcement officials, regulators, or other third parties and
disclosing any information necessary or appropriate to such persons or entities
relating to e-mail addresses, usage history, IP addresses and traffic
15. Remedies for
Radical reserves the right to seek all remedies available at law
to the right to block access from a particular internet address to this Website
and any other Radical websites and their features.
16. Governing Law and
the internal law of the State of New York without reference to its principles
of conflicts of laws and any action arising out of or relating to these Terms
of Use shall be filed only in the state or federal courts located in the State of
New York in the County of New York and you hereby consent and submit to the exclusive
personal jurisdiction of such courts for the purpose of litigating any such
18. Severability of
respect to access to and use of the Website and the Content. If any provision
law exercising proper jurisdiction, that provision shall be deemed severed from
the remaining provisions and shall not affect their validity and
19. Modifications to
effective immediately. You are responsible for regularly reviewing the Terms of
Use. Continued use of the Website after any such changes constitutes your
consent to such changes.