General Use Restrictions
Radii provides various content through this Site. Certain information, documents, products and services provided on and through this Site, including content, logos, graphics and images (together, the “Materials”) are made available to you by Radii and are the copyrighted and/or trademarked work of Radii or Radii’s licensors.
Radii grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Materials solely for your personal or internal business use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site, or any Materials.
Third Party Content
Certain information and other content on the Site may be the material of third party licensors and suppliers to Radii (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. Radii DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Links to Third Party Sites
This Site may be linked to other sites that are not Radii sites. Radii is providing these links to you only as a convenience, and Radii is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.
Unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold Radii and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Radii or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
Radii is a trademark of Radii in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Radii, Copyright © 2017-2018 Radii Media All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
You acknowledge and agree that you are solely responsible for all content such as blog posts (“Submissions”) that you make available through the Site. Accordingly, you represent and warrant that: (i) you are the original creator and writer of all Submissions that you make available through the Site or you have all rights, licenses, consents and releases that are necessary to grant to Radii the licenses to such Submissions, as contemplated under these Terms; (ii) neither the Submissions nor your posting, uploading, publication, submission or transmittal of the Submissions or Radii’s use of the Submissions (or any portion thereof) on, through or by means of the Site will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (iii) your Submissions and your postings will not defame any person, including, without limitation, any business. You agree to comply with Radii’s Comment Policy.
Submissions are not private or confidential and may be read, collected, and used by others. To better protect your privacy, do not include information regarding your identity or contact information in Submissions that you post or upload to the Site. You are responsible for your Submissions. You are fully responsible for all Submissions you contribute, in any manner, to the Site, and for the accuracy of the same, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it, and that Radii shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of your Submissions in any and all media, whether now known or hereafter created, or have any liability to you or any third party as a result of any use of your Submissions as authorized in these Terms.
As to your Submissions, you hereby grant Radii a license to use and distribute, perform and display your own Submissions. You waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with the use of the Submissions, or of your name, personality, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating and selling your Submissions, or any advertising or publicity relating thereto. You understand and agree that if you delete your account, it may not be possible to completely delete that content from Radii’s records, and that your Submissions will remain viewable as part of the Site and to the extent that they were downloaded or stored by other users.
Copyright and Trademark Infringements
Only the intellectual property rights owner or the owner’s authorized agent is permitted to report potentially infringing materials to Radii Media as set forth below. If you are not the intellectual property rights owner or the owner’s authorized agent, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.
Notification: Radii respects the intellectual property rights of others, and we require you to do the same when using Radii website and services.
Radii may, in appropriate circumstances and at our discretion, terminate service and/or access to this website or services for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our website or services, please provide Radii’s designated agent the following information:
Attn: Calvin Kung, Radii Media
2372 Morse Avenue. Ste. 348,
Irvine 92614 CA
By email: [email protected]
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you are a user who posted allegedly infringing material and who received notification to that effect from Radii, you may elect to send us a counter notice. To be effective, such counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see Section 512(g)(3) of the Copyright Act to confirm these requirements):
Such written notice should be sent to our designated agent as follows:
Irvine Virtual Office
Attn: Calvin Kung, Radii Media
Disclaimer of Warranties
Your use of this Site is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by Radii, and they may include inaccuracies or typographical or other errors. Radii does not warrant the accuracy or timeliness of the Materials or the Third Party Content contained on this Site. Radii has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by Radii or our licensors.
Radii, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, ANY MATERIALS, OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE AND/OR THE RESULTS OBTAINED FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Radii DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability
Radii SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL OR THIRD PARTY CONTENT TO OR FROM THIS SITE. IN NO EVENT SHALL Radii BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF Radii KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Local Laws; Export Control
Radii controls and operates this Site from its headquarters in the United States of America and the Materials and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
If you violate these Terms, Radii may terminate and/or suspend your access to this Site without notice. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in the county where Radii’s corporate headquarters are located in California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. The failure to require performance of any provision shall not affect a party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of a these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Radii’s failure to enforce any of these Terms is not a waiver of such term. All of the terms and conditions of these Terms shall be binding upon, inure to the benefit of, and be enforceable by the respective successors and assigns of the parties. These Terms, and any other agreements referenced herein, are the entire agreement between you and Radii and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Radii about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
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