Effective Date: April 24, 2017
Welcome to Radivate!
READ CAREFULLY BEFORE BROWSING THE PLATFORM.
ACCESSING OR USING THE PLATFORM INDICATES THAT YOU HAVE READ THESE T&C AND YOU AGREE TO FOLLOW AND BE BOUND BY THE T&C THEN IN FORCE.
YOU CANNOT USE THE PLATFORM IF YOU DO NOT ACCEPT THESE T&C.
1. Agreement and Consent
The following provisions, including any other documents that are referenced in, or linked from these provisions set forth the provisions of a legal agreement (“Terms & Conditions” or “T&C”) between each individual who has access to the Platform (“user”, "you" or "your") and Radivate Media, Inc. “Radivate”, "we", or "Company"). They govern all access to, and use of the Platform. We retain the right, at our sole discretion, to deny access to the Platform, to anyone, at any time and for any reason, including but not limited to, for violation of these T&C.
Terms Applicable to Specific Areas of the Platform
Access to, or use of, some areas of the Platform may be subject to additional rules, guidelines, license agreements, user agreements or other terms and conditions (collectively “Special Terms”). You agree to these Special Terms when using particular elements of the Platform. These Special Terms (to the extent that they apply to a specific user) are incorporated to these T&C by this reference. If there is a conflict or inconsistency between the Special Terms for a specific area of the Platform and the remainder of these T&C, the Special Terms will have precedence with respect to access and use of that area of the Platform.
2.Definitions
“Platform” means all Content, Services and software or other technologies underlying the operation of the Site.
“Site” means the website(s) located at www.radivate.com.
“Content” means the webpages, data, messages, text, images, photographs, graphics, audio or video recordings, product descriptions, pricing, and other information or material available from or through the Platform.
“Services” means the forums, discussion groups, chat areas, bulletin boards, blogs, wikis, messaging or e-mail functions, ratings, and other functionalities or services available from or through the Platform, and in connection with which a user can upload, download, email, post, publish, transmit, access or make available or share Content with others.
“Share” or “Sharing” means to display, post, email, upload, transmit, publish, or make available to others.
“Partners” includes the sponsors, advertisers, suppliers, service providers, licensors and other entities that contribute to, or provide services for, the development, financing, and operation of the Platform.
Radivate may make improvements and/or changes on the Platform at any time. All definitions above are intended to apply to the then-current version of the Platform.
3.Modifications
These T&C may be modified from time to time. Radivate will post a notice of such changes on the Platform in accordance with applicable laws. The revised T&C will be effective as indicated in the notice.
CONTINUED USE OF THE PLATFORM AFTER MODIFIED T&C HAVE BECOME EFFECTIVE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE MODIFIED T&C WITH RESPECT TO ALL DATA THEN IN OUR CUSTODY OR CONTROL.
Certain provisions of these T&C may be superseded by expressly-designated terms located on particular pages of the Platform. In such circumstances, the expressly-designated legal notice or term will be deemed to be incorporated into these T&C and to supersede those provision(s) of these T&C that are designated as being superseded.
4.Minors May Not Use the Platform
As a condition of your use of the Platform, you warrant that you are not a “minor” as such term is defined in your state or country of residence, and you possess the legal authority to enter into a binding legal obligation.
5.Privacy Policy
We collect information about users when they access or use the Platform. Any personal information collected on the Platform will be treated in accordance with Radivate's Privacy Notice HYPERLINK TO PRIVACY NOTICE. The Privacy Notice is made a part of these T&C by this reference.
6.Ownership; Reservation of Rights
Unless otherwise stated in these T&C, as between you and Radivate, the Platform (including its structure and arrangement) are Radivate's sole property. Radivate and its licensors retain all right, title and interest in the Platform, including all copyright, patent, trademark, trade secrets and all other intellectual property rights (collectively “Intellectual Property Rights”).
Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any part of the Platform is strictly prohibited without Radivate’s express written consent.
7.License
Radivate grants each user a limited, personal, non-exclusive, non-transferable, non sublicensable license to access and use the Platform only to the extent that the user complies with all provisions of these T&C. Radivate reserves all other rights or licenses not expressly granted.
You may use, access, download, store, display on your device (computer, smart phone, tablet), view, listen to, play, share and print any Content that is made available on or through the Platform, only for your personal, informational, noncommercial purposes and subject to the following:
- You may not harvest, collect or store information about other users;
- You may not copy, reproduce, redistribute, modify or alter any aspect of the Platform;
- You may not create derivative works of, reverse engineer, or exploit any aspect of the Platform;
- You may not use the Platform for any purpose that is unlawful or prohibited by these T&C;
- In any permitted copy of the Content, you must conspicuously display all Radivate’s (or Radivate’s licensors’) copyright or other Intellectual Property Right notices as they appear on the Platform;
- You may not remove, deface, or overprint any notice of copyright, trademark, logo, or other notice of ownership from any originals or copies of the Platform or any third party’s material that you access on or through the Platform.
8.Radivator
A user may elect to become a “Radivator”, which allows the user to participate in certain activities on the Platform. To do so, the user must sign in on and chose a password and a user name.
As a condition of your exercise of your rights or privileges as a Radivator, you agree that:
- You are responsible for maintaining the confidentiality of your user name and password;
- You will not share your user name and/or password, or provide access to the Platform to any other person;
- You are responsible for all activities that occur through the use of your user name and password;
- You will notify Radivate immediately of any use of your password(s) or account information that you did not authorize or that is not authorized by these T&C.
We reserve the right to require that you change your password or restrict your access to the Platform as we deem reasonably necessary.
9.Your Security Obligations
We use reasonable technical, physical and other measures to protect the availability and integrity of the Platform.
We expect you to use the Platform responsibly. Among other things, you agree not to:
- Access or use the Platform in any manner that could damage, disable, overburden, or impair any of the computer systems, networks or databases that form or operate the Platform;
- Attempt to gain access to any user accounts or any parts of the Platform, or its computer systems, networks or databases or than your user account;
- Interfere or attempt to interfere with the proper working of any user account or the Platform or its computer systems, networks or databases;
- Use any robot, spider, scraper or other automated means to access any user account or the Platform or its computer systems, networks or database.
10.User Submissions
Certain areas of the Platform (e.g., chat rooms, customer ratings, review areas, community and support forums) may permit users to submit feedback, comments, ratings, information, data, messages, text, software, music, sound, audio, images, photographs, graphics, video, audio, digital recording or recording of a performance (each, a "Submission"). We have no obligation to accept, host, publish, display, or distribute any Submission on or through the Platform. We accept no responsibility or liability with respect to any Submission.
By sharing a Submission, you agree that:
- You are solely responsible for your Submissions;
- Your Submission is considered non-confidential;
- You waive all moral rights you may have in your Submission and all moral rights of others may have in your Submission are waived to the full extent allowed by law.
No Confidentiality
Radivate does not want to receive confidential information from any user through or in connection with the Platform. Notwithstanding anything that you may note or state when sharing your Submissions, any Submission will be received and treated as non-confidential and unrestricted.
Radivate will not take, and will not be required to take, any steps to safeguard the confidentiality of any information that you share, other than as specified in Radivate's Privacy Policy.
License Grant
By sharing a Submission through the Platform, you grant Radivate on your behalf and on behalf of any person who might have any Intellectual Property Rights in your Submission, an irrevocable, perpetual, worldwide, royalty-free, nonexclusive, transferable, fully sublicensable, license to do any of the following (“License”) for any purpose, including, without limitation for commercial purposes, and in any manner that Radivate deems appropriate, to:
- Use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit, share and distribute the Submission (or any modification thereto), in whole or in part, in any form, medium, or technology now known or later developed;
- Incorporate the Submission or any modification thereto, in whole or in part, into any material, technology, product, or service that Radivate subsequently distributes, sells or licenses to third parties;
- Display advertisements in connection with the Submission or use the Submission for advertising and promotional purposes.
Representations and Warranties
By sharing your Submission through the Platform, you represent and warrant that:
- You own all right, title, and interest, including all Intellectual Property Rights, in and to the Submission or, alternatively, you have acquired all necessary rights in to enable you to grant to Radivate the rights in your Submission as described in these T&C;
- You have the right and authority to grant the License;
- Your Submission does not violate any Law, including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising, and does not infringe the Intellectual Property Rights, privacy rights, or any other legal or moral rights of any third party;
- Radivate's exercise of the rights granted pursuant to the License will not infringe or otherwise violate any third-party rights;
- You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, if any, arising from any use or commercial exploitation of your Submission;
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You are the individual pictured and/or heard in your Submission or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual who is deemed a minor under applicable law) who appears and/or is heard in your Submission, to grant the rights to Radivate as described in these T&C;
- You are not aware and have not be informed that any information contained in the Submission is false, inaccurate, or misleading;
- Your Submission does not violate our Acceptable Use Policy (set forth below in the “Acceptable Use” Section);
- You were not and will not be compensated or granted any similar consideration by any third party for submitting the Submission;
- Your Submission does not incorporate material from a third-party website, or addresses, email addresses, contact information, or phone numbers of any person (other than your own);
- Your Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files; and
- Your Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional material, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
11.Acceptable Use
A submission will not be accepted or if initially accepted, may will be taken down if it meets any of the following:
- Is false or misleading;
- Invades another's privacy or contains personal information of a third party;
- Contains confidential or sensitive of information or trade secrets of another person or entity;
- Is vulgar, pornographic, or obscene;
- Is defamatory, libelous, derogatory, degrading, harassing, or threatening of another or constitutes a personal attack;
- Promotes bigotry, hatred or harm against any group or individual, or is racially, ethnically, religiously, or otherwise biased or offensive;
- Violates or infringes, or promotes the violation or infringement of any applicable laws or regulations;
- Violates or infringes or promotes the violation or infringement of another's rights, including privacy rights, Intellectual Property Rights, or any other legal or moral rights;
- For which you do not have the right and authority to share or to grant the necessary rights and licenses;
- Contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or
- Contains any viruses, Trojan horses, malware, spyware, ransomware, or other components designed to limit or harm the functionality of a computer.
12.Monitoring; Take Down
Radivate may, but is not obligated to, pre-screen any Submission or monitor any area of the Platform through which Submissions may be submitted and may, in its sole discretion, refuse any Submission for any reason.
Radivate may remove or block access to any Submission if it determines, in its sole discretion, that the Submission violates these T&C, and in addition to any other rights it has under these T&C, may report you the author of the Submission to the relevant authorities; and/or act to the fullest extent of applicable laws.
13.Indemnity
You agree to indemnify and hold harmless Radivate, its officers, directors, employees and agents (collectively “Radivate Parties”) from and against any and all claims, liabilities, damages, losses, expenses, or fees (including reasonable attorneys' fees, expert’s fees, and court costs) that such Radivate Parties may incur as a result of, or arising from, your Submission (or any Submission provided by anyone using your account credentials), violation of these T&C, or your violation or infringement of any third party’s Intellectual Property Rights, privacy rights, or any other legal or moral rights.
Radivate reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section, and, in such case, you agree to cooperate with Radivate’s defense of such claim.
14.Errors, Pricing and Ratings
We do not guarantee the accuracy of any part of the Platform. We reserve the right to correct any error, including any pricing errors on the Platform. If you have made a purchase under an incorrect price, we will offer you the opportunity to keep your purchase at the correct price or we will cancel your purchase without penalty.
Product ratings displayed on the Platform are intended as only general guidelines; we do not guarantee the accuracy of the rating.
15.Disclaimer of Warranty
THE PLATFORM AND THE SUBMISSIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AS A CONVENIENCE TO USERS, AND WITHOUT ANY WARRANTY OF ANY KIND. Radivate is not obligated to provide any technical or other support for the Content.
The Platform is in constant evolution and is modified, adapted, reformatted or rewritten with very limited time for testing or quality assurance. There may be errors, omissions, deficiencies or inconsistencies. Your use of the Platform is at your own discretion and risk.
We disclaim any warranty that (a) the Platform is free of viruses or other harmful component: (b) the Platform will meet your requirements; (c) the Platform will be available without interruptions, will be timely, secure, or error-free; (d) the results that may be obtained from the use of the Platform will be accurate or reliable; or (e) the quality of any Content or Service will meet your expectations.
Submissions posted on the Platform have been developed by users. These users are independent entities, and are not our agents or representatives. The inclusion of any Submission on the Platform does not constitute any endorsement or recommendation of such user or Submission.
RADIVATE AND ITS PARTNERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
16.Limitation of Liability
Radivate disclaims any liability for the acts, errors, omissions, representations, warranties, breaches or negligence of any Submissions shared by users.
Radivate disclaims liability for any damage to any device or network, or for loss of data that may result from access to, or use of the Platform. Information published on the Platform may refer to products, programs, or services that are not available in your region.
IN NO EVENT SHALL RADIVATE, AFFILIATED COMPANIES, ITS PARTNERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES (COLLECTIVELY, "RADIVATE PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, OR DATA USE OR MISUSE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR ANY PRODUCT PURCHASED THROUGH THE PLATFORM (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR RESULTS OF USE), INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE PLATFORM OR ANY PRODUCT OR SERVICE PROVIDED ON OR THROUGH THE PLATFORM, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY RADIVATE PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE ABOVE, THE RADIVATE PARTIES ARE FOUND LIABLE FOR ANY DAMAGES TO YOU IN CONNECTION WITH OR RELATED TO THE PLATFORM OR ANY PURCHASE MADE THROUGH PLATFORM, IN NO EVENT SHALL SUCH DAMAGES EXCEED, IN TOTAL, ONE HUNDRED US DOLLARS (US 100).
17. Exclusions and Limitations
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the disclaimer, exclusion or limitation of certain liabilities, therefore, some of the above limitations may not apply to you. To the extent that they are held to be legally invalid, disclaimers, exclusions and limitations set forth in these T&C, including those set forth in sections “Disclaimer of Warranty” and “Limitation of Liability”, do not apply and all other provisions shall remain in full force and effect.
To the extent the Radivate Parties may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the amount of the Radivate Party's liability shall be limited to the minimum amount permitted under such applicable law.
18. Electronic Communications
When you visit the Platform, or send electronic communications to Radivate, you are communicating with Radivate electronically as defined by applicable laws. We may respond to you by e-mail or by posting notices on the Platform. You agree that all such notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
19. Links to Third-Party Websites
The Platform provides links to third party websites and access to material, information, products and services of third parties, including other users, advertisers, affiliates and sponsors of the Platform (collectively “Third Party Website”). If you use these links, you will leave the Platform, and these T&C will not apply to your use of any such Third-party Websites. You will be deemed subject to the terms and conditions and privacy policies of those Third-party Websites.
If you decide to access or use any of these Third-party Websites, you do so entirely at your own risk. Radivate does not control and is not responsible for these Third Party Websites or for any changes or updates thereto. Radivate does not endorse or make any representations about such Third-party Websites, or any information or results that may be obtained from using them.
20. Linking to the Platform
We allow users to create links to the Platform from other websites. Unless an express agreement states otherwise, you must comply with the following terms and all applicable laws if you provide anyone with a link to the Platform:
- You may link to, but may not copy, frame, or create a browser or border environment around the Platform or any part thereof;
- You may only use and reproduce our Radivate logo or trademark if you follow our trademark and logo usage policy;
- You may not imply that Radivate endorses or is affiliated with any third party website or any products, services, or content available through that website;
- You may not misrepresent your relationship with Radivate;
- You may not present false or misleading information about Radivate, its Platform or any product or services available through the Platform;
- The website must meet the requirements of our Acceptable Use Policy; and
- The website must contain only material that is appropriate for all age groups.
21. Claims of Copyright Infringements
If you believe that your copyrighted work has been copied and is accessible on the Platform in a way that constitutes copyright infringement, please contact our Copyright Agent as explained in our Procedure for Making Claims of Copyright Infringements [HYPERLINK to Procedure for Making Claims of Copyright Infringement].
22.Trademarks
“Radivate”, “Radivator”, “Radivision” and “Entre-tainment” are trademarks of Radivate and/or its affiliates. Other names appearing on the Platform may be trademarks of their respective owners.
23.Export Restrictions/Legal Compliance
Radivate administers the Platform from its offices in Menlo Park, CA. SRadivate makes no representation that the Platform is appropriate or available for use outside the United States. If you reside in a country or territory where the Content is illegal or restricted, you may not access the Platform.
In addition, the Platform and the underlying information or technology may not be accessed from, or downloaded, provided or made available, directly or indirectly, into any country subject to U.S. trade sanctions, (Supplement No. 1 to Part 740, Export Administration Regulations, Country Group E:1), to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions.
By agreeing to these T&C, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list, and you agree to comply with all export and re-export laws, restrictions and regulations of the US Department of Commerce and other United States or foreign applicable agency or authority, in connection with your use of the Platform.
24.Termination of Use
At any time and in its sole discretion, Radivate may, without prior notice, and for any reason discontinue providing or limit access to any or all areas of the Platform; or terminate, limit, block or suspend a user’s access to, or use of, the Platform;
Radivate will not be liable to any user or any third-party for any termination or limitation of the user’s access to, or use of, the Platform, or for the removal of any of the user’s Submission(s).
The termination of a user’s access to the Platform results in the termination of any right or license granted to the user with respect to the Platform, and the user must immediately destroy any downloaded or printed Content or third party’s Submissions, and any copies thereof.
25. Entire Agreement
These T&C constitute the entire, exclusive and final statement of the agreement between you and Radivate respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Radivate with respect to the same. The Radivate Parties are third party beneficiaries with respect to the provisions in these T&C that reference them.
26. Waiver and Severability
Radivate’s failure to exercise or enforce any provision in these T&C will not constitute a waiver of such provision. If any provision of these T&C is found to be unenforceable, such part or provision may be modified to make these T&C as modified legal and enforceable. The balance of these T&C shall not be affected.
27. Applicable Laws
All matters relating to your access to, and use of, the Platform, or the Submissions shared on the Platform shall be governed by U.S. federal law or the laws of the State of California as applied to agreements made, entered into, and performed entirely in the State of California by California State residents, notwithstanding your actual place of residence or business. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to these T&C.
Any legal action or proceeding relating to your use of, the Platform shall be brought in a state or federal court in San Mateo County, California. You and Radivate agree to submit to the exclusive jurisdiction of, and agree that venue is proper in, these courts for such purpose.
28. Miscellaneous
The failure of Radivate to exercise or enforce any right or provision of these T&C shall not constitute a waiver of such right or provision. If any provision of these T&C is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions of Radivate and you as reflected in the provision, and that the other provisions of these T&C will remain in full force and effect.
The section titles in these T&C are for convenience only and have no legal or contractual effect.
These T&C will remain in full force and effect notwithstanding any termination of your use of the Platform.
These T&C will be interpreted without application of any strict construction in favor of or against you or Radivate.
These T&C, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Radivate without restriction.
29. Contact Information
This Platform is provided by Quintype, Inc. [legal name]. If you have any questions regarding these T&C, please contact Radivate at Hello@Radivate.com or 1134 Crane Street, Suite 216, Menlo Park, CA 94025.
California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by postal mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
