Terms of Use

Your use in any manner of the website located at http://www.madebyradius.com or any other website, web page or other Internet platform offered by or through RADIUS Corporation, RADIUS, its parents, subsidiaries or affiliates, wherever or however offered, including without limitation, any page, application or platform offered through any social media website, (collectively, this “Website”) constitutes your acknowledgment that you have read, agree with, and consent to be bound by all the terms and conditions set forth in these Terms of Use, and all other policies, rules, regulations, terms and conditions that otherwise appear on this Website. These Terms of Use are a legally binding contract between you, on the one hand, and RADIUS Corporation, on the other hand (“RADIUS”). This agreement governs all use of this Website.

RADIUS reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, RADIUS recommends that you review these Terms of Use whenever you use this Website. Your use of this Website following any such change constitutes your agreement to follow and be bound by the updated or modified Terms of Use.

PLEASE READ THESE “TERMS OF USE” CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE IN ANY WAY INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, THEN YOU MAY NOT USE THIS WEBSITE.

Use Restrictions:

The contents on this Website, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos and all other material (collectively the “Materials”) are protected under laws of the United States of America and other countries. Unauthorized use of the Materials may violate copyright, trademark and other laws. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of RADIUS and/or its licensors. Subject to your full compliance with these Terms of Use, RADIUS authorizes you to view the Materials on this Website and download a single copy of them, but only for your own lawful, personal and non-commercial use. You must retain all copyright and other proprietary notices contained in the original Materials on any copy you make of the Materials, but failing to do so shall prejudice RADIUS’s intellectual property rights. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose. Your use of the Materials on any other website or on a file-sharing or similar service for any purpose is prohibited.

You may not “mirror” any Materials contained on this Website or accessible through this Website without RADIUS’s written permission.

Any rights not expressly granted herein to use the Materials are reserved by RADIUS in full.

You may not use this Website (i) for any purpose that violates applicable federal, state or local laws, regulations or rules (“Applicable Law”) or otherwise is prohibited by these Terms of Use, (ii) in any manner that could damage, disable, overburden or impair this Website, (iii) in any manner that may interfere with any other party’s use and enjoyment of this Website, or (iv) if you are under 13 years of age. You may not attempt to gain unauthorized access to this Website through hacking, password mining or any other means.

RADIUS reserves the right, in its sole discretion, to terminate your access to this Website, or any portion thereof, at any time, for any reason or for no reason at all, without any notice, prior or otherwise.

General Rules for User Generated Content

Content is Not Prescreened

RADIUS does not guarantee to prescreen User Generated Content. RADIUS does not guarantee the Website will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. RADIUS is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website. Even in the event RADIUS chooses to monitor any User Generated Content, RADIUS assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. RADIUS reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.

Eligibility and Registration

To become a member of the RADIUS Website, or post User Generated Content, you must register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Website. This Website is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms of Use for anyone under 13 to register for the Website. You represent and warrant that you are 13 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger. If you are between 13 and 18 years old, you must obtain your parent/guardian's permission to register for the Website and post User Generated Content.

RADIUS's Rights to Your Posting

Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to RADIUS a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, change, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.

Complaints

Immediately notify RADIUS in writing of any objectionable content appearing on the Website. RADIUS will make good faith efforts to investigate allegations that any User Generated Content violates these Terms of Use but makes no promise that it will edit or remove any specific User Generated Content.

Links

The Website may contain links to websites operated by other companies. RADIUS does not endorse, monitor or have any control over these linked websites, which have separate terms of use and privacy policies. RADIUS is not responsible for the content or policies of linked websites and you access such websites at your own risk.

Mobile Services

The Website contains services and features that are available to certain mobile phones. Your carrier's normal rates and fees apply. If RADIUS charges you for a mobile service, you will first be notified and asked to accept any charges. Not all mobile services will work with all carriers or devices. You should check the rates and services offered by your carrier. By using RADIUS's mobile services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.

Published Activity

RADIUS allows you the option to publish about the actions you take on RADIUS's Website to Facebook, Twitter, myGimme5.com and other social platforms. RADIUS does not control which information gets disseminated on participating social platforms. You agree to allow RADIUS to check your RADIUS cookies when you are visiting participating social platforms, and allow RADIUS to receive information about your use of those social platforms. You can deactivate this publishing feature on your profile page.

Indemnification

You agree to indemnify, defend, and hold harmless RADIUS, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Website, your conduct in connection with the Website or with other Website users, or any violation of these Terms of Use, any law or the rights of any third party.

Warranty Disclaimer

RADIUS is not responsible or liable for any User Generated Content or other Content posted on the Website or for any offensive, unlawful or objectionable content you may encounter on or through the Website. The Website, User Generated Content, Content, and the materials and products on this Website are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, RADIUS disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. RADIUS cannot guarantee and does not promise any specific results from use of the Website. RADIUS does not represent or warrant that the Website will be uninterrupted or error-free, that any defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or anything else harmful. To the fullest extent permitted by law, RADIUS does not make any warranties or representations regarding the use of the materials or Content in the Website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content (including any mobile client) at your own risk, and that you will be solely responsible for your use and any damage to your mobile device or computer system, loss of data or other harm of any kind that may result. RADIUS reserves the right to change any and all Content and other items used or contained in the Website at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.