Terms of Service
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 8.
The Rad Team Inc. is the legal entity that oversees the development and operation of RadPoker
For purposes of these Terms of Service, The Rad Team shall mean The Rad Team Inc., its partners, parent companies, subsidiaries, licensees, licensors and affiliates (collectively also referred to herein as “Company”, “we”, “our” or “us”).
THESE TERMS OF SERVICE (“TERMS” OR “AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND The Rad Team Inc. (AS DEFINED ABOVE). BY DOWNLOADING AND USING/INSTALLING ANY OF OUR SOFTWARE AND/OR APPLICATIONS (“SOFTWARE” OR “APPLICATIONS”) IN CONNECTION WITH SERVICES PROVIDED BY US (THE SERVICES, THE SOFTWARE AND THE APPLICATIONS, COLLECTIVELY, THE “SERVICE”), YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE.
Changes to the Service and/or Terms
**IMPORTANT NOTE: ** The Rad Team reserves the right, in its sole discretion, to modify or change the terms of this Agreement at any time by posting the changes on or within the Software or other parts of the Service. Your continued use of the Service following the posting of such changes constitutes your acceptance of the revised Agreement. The Rad Team Inc. may use reasonable commercial efforts to provide notice of material changes to you. If the modified Agreement is not acceptable to you, your sole recourse is to discontinue your use of the Service. You agree that The Rad Team may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.
1. Eligibility Criteria
1.1 You Must Be At Least 18 Years of Age
To use the Service, you must be a natural person, at least 18 years old and over the age of majority in the state in which you live, and who meets other eligibility criteria set forth in these Terms. If you are under 18 years of age you must immediately discontinue use and make no further use of the Service, and delete the Software or Application.
1.2 You Must Reside in a Jurisdiction That Does Not Prohibit Use of the Service
The Service is intended only for users who are not prohibited by the laws of any applicable jurisdiction from using such Service. The Company does not intend to enable you to contravene applicable law. You represent, warrant, and agree to ensure that your use of the Software and the Service will comply with all applicable laws, statutes and regulations. The Company shall not be responsible for any illegal or unauthorized use of the Software and/or the Service by you.
1.3 Failure to Comply
At our sole discretion, we may require proof that you meet the conditions and eligibility criteria set out in these Terms. Failure to comply will result in the closing of your Account and the loss of all Virtual Items (each as defined below) accumulated through your use of the Service.
2. Your Account
2.1 Grant of Access
Subject to these Terms, the Service allows you, where permitted by applicable law to:
(1) register to play free-to-play games;
(2) access other content and services provided by The Rad Team Inc.
We require that you register in order to participate in the Service, including the free-to-play games. You must also provide a valid email account and complete the verification for that email account that we send you. You hereby consent to receiving an email verification to your email account by providing The Rad Team Inc. with your email for the purposes of registering on our Service and participating in our features. Through this process, you will establish your user account (“Account”). In the event that the activation or confirmation process is not completed, The Rad Team Inc. reserves the right to suspend all activities on the Account until the account details are verified.
2.3 Confidentiality of Account Information
If you choose to create an Account with us, you must treat your username, password or any other piece of information related to your Account as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to the Service, including the App or portions thereof, using your username, password or other security information. You are responsible for all activity performed and transactions entered into on or through your Account, and you agree that we may treat any activity performed or transaction entered into on or through your Account as authorized by you. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session.
2.4 Right to Disable Account and Account Details
We have the right to disable any user username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
2.5 Right to Suspend, Modify, Remove or Add to the Service
We reserve the right to suspend, modify, remove or add to the Service in our sole discretion with immediate effect and without notice. The Company shall not be liable for any loss suffered by you resulting from any changes made and you shall have no claims against the Company in such regard.
If you do not agree to any of the provisions of the User Agreement you should immediately stop using the Software and remove the Software from your computer and/or any other applicable device.
3. Grant of License/Intellectual Property
3.1 Limited License Grant
Subject to the terms and conditions contained herein, The Rad Team grants the User the non-exclusive, personal, non-transferable, non-sublicensable, revocable right to install and use the Software on the User’s Device in order to access The Rad Team servers.
3.2 License Grant Limitations
The Software is licensed to you by The Rad Team for your private personal use. Please note that the Service is not for use by individuals under 18 years of age, or by connecting to the Software or servers from jurisdictions from which it is illegal to do so.
3.3 License Grant Prohibitions
You may not, within the limits prescribed by applicable laws, copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Software or make any attempt to access the source code to create derivative works of the source code of the Software, or otherwise:
(a) sell, assign, sublicense, transfer, distribute or lease the Software;
(b) make the Software available to any third party through a computer network or otherwise;
(c) export the Software to any country (whether by physical or electronic means); or
(d) use the Software in a manner prohibited by applicable laws or regulations (each of the above is an "Unauthorized Use").
3.4 Use of Names and Images
3.5 Notice and Procedure for Making Claims under the Digital Millennium Copyright Act
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If an individual believes that their copyrighted work has been copied without their authorization and is available within the Service in a way that may constitute copyright infringement, he/she may provide notice of their claim to our Company. For notice to be effective, it must include the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the allegedly infringing material is located within the Service;
(d) information reasonably sufficient to permit our Company to contact the complaining party, such as address, telephone number, and, if available, an email address at which the complaining party may be contacted;
(e) a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We own or are in the process of registering trademarks for our many goods and services, including, without limitation, RadPoker and the associated graphics, logos and service marks and these may not be used without prior written consent of our Company. All other trademarks, product names, and company names and logos appearing within the Service are the property of their respective owners.
Rights of Publicity
By participating in the Service, you agree to the use by our Company of your username, photograph(s), likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes of the Service, including, without limitation, worldwide, and in perpetuity, in any and all forms of media now known or hereafter devised, without compensation, review or approval rights, notification or permission, except where prohibited by law. Our Company reserves the right to make public statements about entrants and winner(s), on the Internet, in promotional materials or otherwise. You agree that we may announce any winner’s name on the Service at any time in connection with the marketing and promotion of the Service or of our Company.
3.7 Ideas and Inventions
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to our Company in connection with your use of the Service shall be the exclusive property of our Company. You agree that unless otherwise prohibited by law we may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.
4. Virtual Items
4.1 While using the Service, you may “buy” or “purchase” virtual items (e.g. “Diamonds” or “Chips” for use in the Service (“Virtual Items"). Any “Virtual Items” balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
4.2 You do not own any Virtual Items that you have obtained through our Service, regardless of whether you “earned” those Virtual Items or “purchased” them. Your Account and any related Virtual Items are owned by The Company.
The Rad Team Inc. gives you a limited license and right to use your Account and the related Virtual Items while we offer the Service.
4.3 You are not allowed to transfer Virtual Items outside of the Service (e.g., in the “real world”), for example by selling, gifting, or trading them. You are not allowed to sublicense, trade, sell, or attempt to sell Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of a game. Any such behaviours constitute a breach of this Agreement and The Rad Team Inc. is entitled to take immediate action if the Company believes you are in violation of this provision, including account closure.
5. Prohibited Uses
5.1 Software Modifications/Manipulation of Vulnerabilities
You may not attempt to modify, decompile, reverse-engineer or disassemble the Software in any way. You may not exploit vulnerability or glitches to your advantage in your use of the Service. Further, you may not directly or indirectly disable, circumvent, or otherwise interfere with the operation of software designed to detect or prevent cheating.
Collusion between you and other users of the Service by sharing poker hole cards, sharing game related information while playing at the same table or by any other methods is strictly forbidden. You may not collude with another user who is using unauthorized software, hardware, or modifications to obtain an advantage over other users of the Service. The Company reserves the right to consider any collusion or any attempt at collusion between users as a breach of this Agreement and to terminate the user account(s) and restrict his/her/their further access to the Service and other Company products.
5.3 Automatic Players (Bots)
The use of artificial intelligence including, without limitation, “robots” or “bots” is strictly forbidden in connection with the Service. All actions taken in relation to the Service by a User must be executed personally by players through the user interface accessible by use of the Software, and without the assistance of any form of artificial intelligence.
5.4 Solvers and Real-Time Assistance Software
It is prohibited to use Game Theory Optimal Solvers (such as PokerSnowie, MonkerSolver, or PIO Solver) while using our software. Poker Calculators (PowerEqulab, Flopzilla, Cardrunners EV, etc.) and real-time assistance software that suggests in-game decisions are also prohibited.
For the avoidance of doubt, what is prohibited encompasses but is not limited to accessing or compiling information on other players beyond that which you have personally observed through your own game play or receiving advice, direction or assistance on how to play, in real time, that goes beyond a basic level.
Chip-dumping occurs when any user intentionally loses a poker hand in order to deliberately transfer his/her chips to another user. Any user who participates or attempts to participate in chip-dumping with any other user, including being the recipient of chips, while using the Service may be permanently banned from using the Service.
5.6 Fraudulent Behaviour
In the event that The Company deems that you have engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity while using the Service, including, without limitation, engaging in any of the activities set forth here under “Prohibited Uses” or any other game manipulation, The Rad Team Inc. reserves the right to take action against you, including to block you from access to the Service, to terminate your Account along with blocking the possibility of future access to Company Services, and to report you to governmental or other authorities.
5.7 Accessing Other Player Accounts
You shall access the Software and use the Service only via your own account(s) and you may never access the Software or use the Service by means of another person’s account. Should you attempt to use the Service by means of any other person’s account, we will be entitled to immediately close any and all of your accounts.
5.8 Prohibition from Creating New Accounts
In case of account closure due to a prohibited use, as outlined in this section, you are prohibited from creating new accounts. Any future attempt to create an account after being banned from the Service will be considered a breach of this Agreement and will result in the closure of such account.
6. NO WARRANTIES
6.1 DISCLAIMER OF WARRANTIES
THE SERVICE (INCLUDING THE APPLICATION) AND ALL CONTENT THEREON OR THEREIN ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, The Rad Team Inc., OUR PARTNERS, AND OUR AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES”) EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY PARTIES MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE COMPANY PARTIES MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT The Rad Team Inc. DOES NOT NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICE, NOR DOES The Rad Team Inc. MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE. THE COMPANY PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE DISCLAIMERS OF THIS SECTION.
6.2 Right to Suspend/Discontinue/Modify the Service
Where we consider it necessary to do so, the Company reserves the right to suspend, discontinue, modify, remove or add to the Service in its absolute discretion with immediate effect and without an obligation to provide you with notice where we consider it necessary to do so.
6.3 Updates to the Service/Maintenance
You acknowledge and agree that The Rad Team may update the Service with or without notifying you. The Rad Team may require that you accept updates to the Service and you may also need to update third party software from time to time in order to receive the Service. The Rad Team conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the Service may not be available during maintenance periods. All problems encountered during the use of the Service, including those with regard to Your Account, can be reported to The Rad Team when the problem is encountered by contacting firstname.lastname@example.org.
7. User Contributions
7.1 General Terms
The Service may contain message boards, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) messages, content or materials (collectively, “User Contributions”) on or through the Service.
Any User Contribution you post to the Service will be considered non-confidential and non-proprietary. By providing any User Contribution on the Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not The Rad Team Inc., have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Service.
However, we do not undertake to review all material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
7.2 Content Standards
User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
· Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable or unlawful.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote, or assist any unlawful act.
· Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
· Impersonate any person or misrepresent your identity or affiliation with any person or organization.
· Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
7.3 Reliance on Information Posted
The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
8. Dispute Resolution and Arbitration.
This Dispute Resolution and Arbitration provision (this “Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you and The Rad Team Inc.. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury. Please read this Provision carefully. It provides that all Disputes between you and The Rad Team Inc. (as defined below, for this Provision) shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees). For the purpose of this Provision, The Rad Team means The Rad Team Inc. and its parent, subsidiary and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and the Company regarding any aspect of your relationship with the Company, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced. YOU AND The Rad Team Inc. EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
8.2 Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give The Rad Team Inc. an opportunity to resolve the Dispute. You must commence this process by written notification to The Rad Team Inc. at email@example.com. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If The Rad Team Inc. does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
8.3 Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or The Rad Team Inc. may choose to pursue a Dispute in court and not by arbitration. TO OPT OUT OF THESE THESE ARBITRATION PROCEDURES YOU MUST DO SO WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to The Rad Team Inc. at firstname.lastname@example.org. Your written notification must include (1) your name, (2) your Player ID, (3) your address, and (4) a clear statement that you do not wish to resolve disputes with The Rad Team Inc. through arbitration. Your decision to opt out of this Provision will have no adverse effect on your relationship with The Rad Team Inc.. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
8.4 Arbitration Procedures
If this Provision applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”), either you or The Rad Team Inc. may initiate arbitration proceedings. The International Centre for Dispute Resolution (“ICDR”) will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
Arbitration Award—The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the ICDR, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – Any arbitration whether initiated by you or The Rad Team Inc. shall be initiated in Hong Kong.
Payment of Arbitration Fees and Costs – Each Party shall pay its own arbitration filing fees and arbitrator’s costs and expenses. You are responsible for all fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
8.5 Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, consolidated action or private attorney general action) unless both you and The Rad Team Inc. specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of this Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Service can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
8.6 Jury Waiver
You understand and agree that by entering into this agreement you and The Rad Team Inc. are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and The Rad Team Inc. might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
This Provision shall survive the termination of your Service with The Rad Team Inc..
9. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE, INCLUDING ANY SOFTWARE APPLICATION, REMAINS WITH YOU. NEITHER THE COMPANY PARTIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, WHETHER BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL THE COMPANY PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, ANY PART THEREOF, OR ANY CONTENT EXCEED FIVE HUNDRED DOLLARS ($500). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN The Rad Team The Rad Team Inc. AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IF SO, THEN THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, save, and hold the Company Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these terms, or any breach of the representations, warranties, and covenants made by you herein. The Rad Team Inc. reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify The Rad Team Inc., and you agree to cooperate with The Rad Team Inc.’s defense of these claims. The Rad Team Inc. will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this Indemnity section will survive any termination of your Account (if applicable) or of your access to or use of the Service.
11. Additional Mobile Application Terms
11.1 Apple Disclaimers
The following additional terms and conditions apply with respect to any application that The Rad Team Inc. (the “COMPANY”) provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
• You acknowledge that these Terms are between you and COMPANY only, and not with Apple, Inc. (“Apple”).
• Your use of the iOS App must comply with Usage Rules set forth in Apple’s then-current App Store Terms of Service.
• COMPANY, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS App to conform to any warranty.
• You agree that COMPANY, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
• You agree that COMPANY, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
• You agree that Apple and Apple’s subsidiaries are third party beneficiaries to these Terms as they relate to your license to use the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
11.2 Google Disclaimers
The following additional terms and conditions apply with respect to any application that COMPANY provides to you designed for use on an Android-powered mobile device (an “Android App”):
• You acknowledge that these Terms are between you and COMPANY only, and not with Google, Inc. (“Google”).
• Your use of the Android App must comply with Google’s then-current Google Play Terms of Service.
• COMPANY, and not Google, is solely responsible for the Android App, the services and content available thereon and the support and maintenance thereof. Google has no obligation or liability to you with respect to the Android App or these Terms.
12. Governing Law
The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of Hong Kong. Except as provided in the “Dispute Resolution and Arbitration” Provision (above), the exclusive jurisdiction and venue of any action with respect to the subject matter of this Agreement and any claim dispute or difference concerning the Agreement and any matter arising thereunder, under all circumstances, including if you opt out of the Arbitration Provision, will be the courts located in Hong Kong and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
The Rad Team Inc. reserves the right to assign this agreement, in whole or in part, at any time without notice. The User may not assign any of his/her rights or obligations under this Agreement
15. Legal Text
The English language version of this Agreement shall be the prevailing version in the event of any discrepancy between any translated versions of this Agreement.
16. Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between The Rad Team Inc. and you regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between The Rad Team Inc. and you regarding the Service.
17. Contact Information.
Effective Date July, 2021