Terms of Service
Effective Date:May 18, 2022
These Radiosity Terms of Service form a binding agreement (the “Agreement”) between Radiosity, Inc. (“Radiosity”) and you, or, if you represent an entity or other organization, that entity or organization (in either case “You”, “you”, “your”).
The Radiosity online video platform provides users
(“Users”) with the ability to access and view a
variety of audiovisual content and other information, data, and
content (“Content”) through the Radiosity
application, and video players
provided and operated by Radiosity (the Radiosity
The Platform, Content and additional services, functionality
and resources (“Services”) made available solely
under the terms of this Agreement. This Agreement is entered into
between Radiosity and You as of the earliest date You first access
the Services or indicate your assent to this Agreement, as set
forth below (the “Effective Date”).
PLEASE CAREFULLY READ THIS AGREEMENT. BY USING THE SERVICES OR BY
INDICATING YOUR ASSENT TO THIS AGREEMENT BY REGISTERING YOUR
ACCOUNT, CLICKING “I ACCEPT” OR ANY SIMILAR MECHANISM, YOU ARE
CONSENTING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, DO NOT
ACCESS OR USE THE SERVICE OR REGISTER AN ACCOUNT.
If you access or use the Service or register an Account on
behalf of a company, principal, or other entity, you represent
that you have authority to bind such entity and its affiliates to
this Agreement and that it is fully binding on them. In such case,
the term “you,” as used in this Agreement, will refer to such
entity and its affiliates. If you do not have authority, you may
not access or use the Service. Be advised that this Agreement
contains disclaimers of warranties and limitations on liability
that may be applicable to you.
Terms used in this Agreement have the definitions given in this Agreement or, if not defined in this Agreement, have their plain English meaning as commonly interpreted in the United States.
The term of this Agreement begins on the Effective Date and will continue as follows: (a) for Paid Subscriptions (as defined herein) the term of the Agreement will continue in accordance with the type of subscription you have, unless terminated earlier in accordance with Section 13 herein and (b) for all other access or use of the Services, the term of the Agreement will continue until terminated earlier in accordance with Section 13 herein.
- a. Free Trial. Certain portions of the Services and Content are provided on a paid subscription basis. In order to access those portions of the Services, you must either elect (an “ Subscription Election”) to receive a Monthly Paid Subscription (as defined herein) or an Annual Paid Subscription (as defined herein)(together with a Monthly Paid Subscription, the “Paid Subscriptions”). Except as prohibited under applicable law, all Fees will be non-refundable once paid to Radiosity (including upon any termination or suspension of this Agreement). When you elect to receive a Paid Subscription, under certain conditions you may automatically receive a free trial subscription to the Services (“Trial Subscription”). During the Trial Subscription, you may access the Services, without any obligation to pay Fees (as defined herein). The Trial Subscription period will begin when you elect to receive a Paid Subscription which will automatically renew on a month-to-month or annual basis to the paid subscription rates for monthly or annual subscription at the expiration of the stipulated period after your Subscription Election (“Trial Period”) ends. Unless it is cancelled or changed by you prior to the expiration of the Trial Period (“Trial Termination Notice”), in accordance with these Terms of Service. You can choose to cancel prior to the expiration of the Trial Subscription period by visiting www.radiosity.sx/myaccount.php and choosing to cancel online at any time or by contacting Radiosity through chat/phone support (when available) and requesting cancellation of the account. Cancellation requests are also accepted via support email & Contact Us form. If you provide Radiosity your Trial Termination Notice prior to the expiration of the Trial Period, your access to the Services may be terminated at that time or at any point between the date of your Trial Termination Notice and expiration of the Trial Period. If you notify Radiosity that you wish to receive a different Paid Subscription to the Services prior to the expiration of the Trial Period, your access to Radiosity will automatically convert to such a Paid Subscription at that time or at the expiration of the Trial Period. You may only receive one Trial Subscription. Without limitation, any attempt by You to receive more than one Trial Subscription, such as by creating alternate accounts, will be considered a material breach of this Agreement.
- b. Monthly Subscription. You may elect to receive a monthly, prepaid subscription to the Services (“Monthly Paid Subscription”). Monthly prepaid Subscriptions will automatically renew for subsequent additional one-month period unless you choose to cancel prior to the expiration of the then-current monthly subscription term by visiting www.radiosity.sx/myaccount.php and choosing to cancel online at any time or by contacting Radiosity through chat/phone support (when available) and requesting cancellation of the account. Cancellation requests are also accepted via mail, social media, email, Contact Us form, app reviews, etc. Because charges are prepaid each billing period, when you cancel your subscription, your subscription will continue through the end of the then-current billing period, in accordance with these Terms of Service.
- c. Annual Subscription. You may also elect to receive an annual (when available), prepaid subscription to the Services (“Annual Paid Subscription”). Annual prepaid Subscriptions will automatically renew for subsequent additional one-year period, unless you choose to cancel prior to the expiration of the then-current annual subscription term by visiting www.radiosity.sx/myaccount.php and choosing to cancel online at any time or by contacting Radiosity through chat/phone support (when available) and requesting cancellation of the account. Cancellation requests are also accepted via mail, social media, email, Contact Us form, app reviews, etc. Because charges are prepaid each billing period, when you cancel your subscription, your subscription will continue through the end of the then-current billing period, in accordance with these Terms of Service.
- d. Packages of Subscription. Radiosity may offer a number of different packages of subscription, including special promotional packages, each governed by any supplemental Promotional Terms provided at the time of your first access or use of such Subscriptions. Some promotional packages may be offered by third parties in conjunction with the provision of their own products and services. Radiosity is not responsible for the products and services provided by such third parties. Radiosity reserves the right to modify, terminate, or otherwise amend the subscriptions offered, and the contents of the packages and levels thereof.
- e. Minimum Requirements. Radiosity reserves the right to require and/or change minimum programming package requirements, from time to time and at any time, in its sole and absolute discretion. For example, Radiosity may require a minimum commitment term, or Radiosity may require you to subscribe to a minimum level or package of a subscription in order to view certain content or obtain access to purchase additional levels or packages of a subscription. In order to purchase certain packages, you may be required to first subscribe to a subscription for a set term (e.g., a year-long subscription).
- f. Promotional Offers. You may initially accept a promotional offer for a certain subscription package that later becomes unavailable. Promotional offers do not automatically renew and may not be available at the end of, or during, the applicable promotional period, and following the completion of any such promotion, the subscription will automatically renew on a month-to-month or annual basis at the then-current standard rates for monthly or annual access to the same subscription, unless and until they are cancelled or changed by you or Radiosity, in accordance with this Agreement.
- g. Only One Promotion per Account Owner. Promotional offers may not be combined with other promotional offers associated with any account that you own, unless otherwise expressly permitted in the applicable Promotional Terms. Radiosity reserves the right, in its sole and absolute discretion, to determine your eligibility for any promotional offer pursuant to the applicable Promotional Terms. Radiosity reserves the right to change, amend and alter then-current promotional offers or Promotional Terms as well as institute new promotional offers, from time to time and at any time, in its sole and absolute discretion. Radiosity does not guarantee that any promotional offers are or will be available to you at all, or in connection with any subscriptions desired by you..
3. Third Party Billing.
If you used a third party (e.g. Apple, Roku, etc) to register or signup for a Trial Subscription or Paid Subscription of Radiosity Services, you may need to contact that third party to manage or cancel that subscription; YOU MAY NOT BE ABLE TO CANCEL THAT THIRD-PARTY SUBSCRIPTION THROUGH Radiosity.
Radiosity reserves the right, at any time, to modify the functionality of the Platform and any portion of the Content or Services. Radiosity also reserves the right, at any time, to modify the terms of this Agreement. Radiosity will inform You of the presence of any changes to this Agreement or the functionality of the Platform, Content or Services by posting those changes on the Platform and by providing You with notice through the Platform. Unless otherwise stated in the notification, any modifications will be effective 30 days following delivery of such notice, except in the case of a modification required for Radiosity or the Platform to comply with applicable Law or to comply with any applicable requirement placed on Radiosity by a licensor or supplier, each of which will be effective immediately upon notification. You may terminate this Agreement as set forth below if you object to any such modifications. However, You will be deemed to have agreed to any and all modifications through Your continued use of the Platform, Content or Services following such notice period.
The Platform and all Content and Services are intended for use by individuals 18 years of age and older. You hereby affirm that you are over the age of 18. If You are not 18 years of age or older, You agree not to access or use the Platform or any Content or Services. You agree not to allow any individual under 18 years of age to access or use the Platform, whether or not You are the parent or guardian of that individual.
- a. Content Access Through Accounts. Subject to the terms of this Agreement, You may be permitted to access certain Content and other Services through the Platform without establishing an account on the Platform (an “Account”). However, access to the Platform generally requires that You register as a User of the Platform and establish an Account. Approval of Your request to establish and maintain any Account will be at the sole discretion of Radiosity.
- b. Administrator Accounts. Your Account and the User identification and password for Your Account (Your “Account ID”) is personal in nature. Your Account is for Your personal use and Your User Account ID may be used only by You alone. You may not distribute or transfer Your Account or Account ID or provide a third party with the right to access your Account or Account ID. You are solely responsible for all use of the Platform and all Content and Services through Your Account. You will ensure the security and confidentiality of Your Account ID and will notify Radiosity immediately if Your Account ID is lost, stolen or otherwise compromised. You are fully responsible for all liabilities and damages incurred through the use of Your Account or under Your Account ID (whether lawful or unlawful) and any transactions completed through Your Account or under User Account ID will be deemed to have been lawfully completed by You.
- c. Account Information. In connection with establishing Your Account, You will be asked to submit certain information about Yourself (“Account Information”). You agree that: (a) all Account Information You provide will be accurate, complete and current; and (b) You will maintain and promptly update Your Account Information to keep it accurate, complete and current. You may not: (i) select or use an Account ID of another person with the intent to impersonate that person; and (ii) use an Account ID that Radiosity, in its sole discretion, deems offensive. You are solely responsible for confirming the set-up and configuration of Your Account in all respects and for making all changes and updates thereto through this Agreement.
- a. To the Platform. You may access the Platform through the Radiosity website and the other websites Radiosity may provide or operate for accessing the Platform (each a “Site”) or using web services, mobile, online and other applications and video players provided and operated by Radiosity for accessing the Platform (each, an “Application,” and each Site and Application included in the Platform for purposes of this Agreement). Subject to Your compliance with this Agreement, Radiosity will permit You to access and use the Platform solely for your own lawful, personal, non-commercial uses and solely in accordance with the terms of this Agreement.
- b. To Applications. Subject to Your compliance with this Agreement, including, without limitation, the restrictions in this Section 7, and any other terms and conditions accompanying each Application, Radiosity will permit You to download and install Applications and operate those Applications solely for the purpose of using and accessing the Platform for your own lawful, personal, non-commercial use. You may install each Application only on devices or equipment owned or controlled by You and used only for Your own personal and non-commercial purposes in accordance with this Agreement and any applicable terms and conditions accompanying that Application or otherwise provided to You by Radiosity. Except as expressly set forth in this Section, You are granted no licenses or other rights in or to any Application.
- c. To Content. The Platform will provide You with the ability to access to a variety of Content, including, video, audio, text, photographs, illustrations, graphics, and other data, information and content. Unless otherwise noted on the Platform, all Content available through the Platform (“Platform Content”) is owned by Radiosity and Radiosity’s third party licensors and providers. All Platform Content is provided for entertainment purposes only and You are solely responsible for verifying the accuracy, completeness and applicability of all Platform Content and for Your use of any Platform Content. Subject to Your compliance with this Agreement, You may access the Platform Content solely for Your own lawful, personal, non-commercial purposes in connection with Your use of the Platform. You will not, and will not permit any third party to: (a) alter, modify, reproduce, or create derivative works of any Platform Content; (b) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any Platform Content; or (c) alter, obscure or remove any copyright, trademark or any other notices that are provided on or in connection with any Platform Content. Radiosity has not verified the accuracy of, and will not be responsible for any errors or omissions in, any Platform Content. Without limiting the foregoing, Radiosity will not be held liable to You or any other third party for any Content, including Your Content (as defined below), under a Federal Law called the Communications Decency Act or CDA, 47 U.S.C. § 230. Except as set forth in this Agreement, You are granted no licenses or other rights in or to any Platform Content, or any IPR (as defined below) therein or related thereto. If You would like to use any Platform Content in a manner not permitted by this Agreement, please contact Radiosity at firstname.lastname@example.org
- e. Equipment and Connectivity. You are solely responsible for obtaining and maintaining all equipment, mobile devices, facilities, and internet connectivity required to access or use the Platform, Services, Applications and Platform Content provided through them. In order to access and use Radiosity’s Platform, Services, Applications and Platform Content, you must have a broadband, wireless or similar internet connection, and you will need to obtain such internet connection (including sufficient levels and required equipment related thereto) from a third-party internet or similar wireless service provider at your sole cost and expense (“Internet Connectivity”). Radiosity makes no representations or warranties about the speed or quality of your watching experience on your or any device, as that will depend on factors outside of Radiosity’s control, such as your location, your Internet Connectivity, the available bandwidth at the time of your request, the format of our Content you are attempting to access, the device(s) you use to access the Platform and Services. Radiosity also reserves the right change the format of the Platform Content based on the specifications of your Internet Connectivity (e.g., if your Internet Connection or device do not meet our required standards for accessing and viewing high-definition (“HD”) content, then any HD content accessed by you may be automatically re-formatted by us in an attempt to improve your experience).
- f. Devices. You must only use devices permitted (“Permitted Devices”) for use with the Platform, Applications, Services and Platform Content. For a current list of such devices please visit and review the devices listed at: www.radiosity.sx/welcome.php. You can access the Platform and Platform Content through different Permitted Devices, provided that you will only be to access the Platform and Platform Content through your account on one Permitted Device at a given time. We are not responsible for any issues relating to your device, its operating system or connectivity.
- g. Bitrate Streaming. The Platform may use adaptive bitrate streaming (“ABS”), which creates multiple versions of each program, recorded at different bitrates, to optimize playback of the applicable audiovisual content at any given time based upon the capabilities of the applicable playback device and available internet bandwidth.
- h. Other Restrictions. You may not use the Services to, or assist or encourage any other party to, engage in any of the following activities: (a) copying, framing or mirroring any part of the Services; Accessing the Service for purposes of monitoring its availability, performance or functionality; (b) permitting any third party to access the Services; (c) using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Services or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to Radiosity; (d) publishing, transmitting, distributing or storing content, material, information or data that: (i) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (ii) is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (iii) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); or (iv) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”); (e) attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, Accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Radiosity internet protocol space; (f) avoiding payment of incurring charges or fees payable by you with respect to the Services; (g) distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (h) using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to Radiosity than a human can reasonably produce in the same period of time by using a conventional web browser ; (i) taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (j) collecting or harvesting any personally identifiable information, including Account names and information about users of the Services, from the Services; (k) using the Services for any commercial solicitation purposes; (l) accessing any Content on the Services through any technology or means other than those provided or authorized by the Services; (m) bypassing the measures we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; (o) violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability; (p) removing any copyright, trademark or other proprietary rights notices contained in or on the Services; (q) executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you; or (r) rebroadcast, retransmit or otherwise publicly perform, transmit or distribute any portion of the Services (including the trademarks of any content providers) or any account of any Content provided to You in accordance therewith.
8. Your Content.
9. Third-Party Content and Services.
In addition to the terms of this Agreement, Your access to of certain Content and Services developed, provided or maintained by Radiosity’s third party providers (“ Third Party Content and Services”) may require You to agree to the terms of an additional agreement with that third party provider before being given access to the Third Party Content and Services (each, a “Third Party Content and Services Agreement”). The terms of any Third Party Content and Services Agreement (which may include payment of additional fees) will apply to the applicable Third Party Content and Services provided under that Third Party Content and Services Agreement in addition to the terms of this Agreement but will not apply to any other Content or Services You may access through the Platform. Except as set forth in this Agreement, the terms of any Third Party Content and Services Agreement will control in the event of a conflict between the terms of this Agreement and that Third Party Content and Services Agreement. Radiosity TAKES NO RESPONSIBILITY FOR ANY THIRD PARTY CONTENT OR SERVICE AND YOUR ACCESS TO AND USE OF ANY THIRD PARTY CONTENT OR SERVICE IS SOLELY AS SPECIFIED IN EACH APPLICABLE THIRD PARTY CONTENT AND SERVICES AGREEMENT.
10. Data Privacy.
You agree to pay Radiosity all fees applicable to Your Paid Subscription to the Platform and the Content and Services (“Fees”), as set forth here www.radiosity.sx/welcome.php#channels and to pay each applicable third party any other applicable amounts due or payable under the terms of any Third Party Content and Services Agreement. Fees for Monthly Paid Subscriptions are due and payable on a monthly basis in advance, with your first payment due and payable on the first day of your subscription, following the Trial Period; each monthly payment thereafter will be made on the same day as the first month if that day is contained with the billing month; if such day is not contained within the billing month, then the payment will be made on either the 28 th or the 30 th of the applicable billing month in the discretion of Radiosity Fees for Annual Paid Subscriptions are due and payable on an annual basis in advance, with your first payment due and payable on the first day of Your subscription, following the Trial Period; ; each annual payment thereafter will be made on the same day as the first annual payment if that day is contained with the billing month; if such date is not contained within the billing month, then the payment will be made on either the 28th or the 30th of that billing month in the discretion of Radiosity. All other Fees will be due and payable as indicated through the Platform. If You have specified credit card, debit card, online payment account, mobile services account, or other payment method as an applicable payment mechanism under this Agreement, You grant Radiosity the right to charge the applicable payment account You provided to Radiosity for all Fees incurred under this Agreement. When You register a credit or debit card for a new account, You authorize Radiosity to place a pending charge to Your credit or debit card to verify Your billing address and the validity of Your credit or debit card; such pending charges are temporary and will not be converted into an actual charge to You. Pending charges, while pending, will, however, reduce the available amount of credit on Your credit card or funds available to Your debit card. You are solely responsible for any and all fees charged to Your credit or debit card by the issuer, bank, or financial institution, including fees for any overdraft or other insufficient funds, or for exceeding any applicable credit limit. Once Your account is authenticated, the credit or debit card that You registered with Your account will be charged for each transaction without having to reenter Your credit or debit card information. FOR THE AVOIDANCE OF DOUBT, Except as prohibited under applicable law, all Fees will be non-refundable once paid to Radiosity (including upon any termination or suspension of this Agreement). Until paid in full, all past due amounts will bear an additional charge of the lesser of 1½% per month or the maximum amount permitted under applicable law. If Radiosity requires use of collection agencies, attorneys, or courts of law for collection of Your account, You will be responsible for those expenses. You will be responsible for any and all use, sales, and other taxes imposed on the Services provided under this Agreement.
12. Pricing Changes.
Radiosity reserves the right to adjust pricing for our Services in any manner and at any time as we may determine in our sole and absolute discretion. We will post a notice of any changed prices within email@example.com and if you have an Account, we will send an email to the email address in your Account regarding the price change. Except as otherwise expressly provided for in this Agreement, any price changes to Your subscription will take effect at the beginning of the next subscription period following notice to You. If you do not agree to the price change, your sole recourse is to termination your subscription prior to the end of the then current subscription period.
13. Termination and Effect.
- a. Termination. This Agreement may be terminated by Radiosity, at any time, in Radiosity’s sole discretion: (a) immediately upon any breach by You of this Agreement, including a failure to pay any required Fees, with or without notice to You of such breach; or (b) at any time during any Trial Subscription, for any reason or no reason, upon notice to You. You may terminate this Agreement at any time upon notice to Radiosity or by deleting Your Account as may be permitted through the Platform.
- b. Effect. Termination of this Agreement will terminate all of Your Accounts on the Platform (whether a Trial Subscription, Monthly Paid Subscription or Annual Paid Subscription). Upon termination or expiration of this Agreement for any reason: (a) Radiosity may terminate all access to or use of Your Accounts; (b) all rights and subscriptions granted to You under this Agreement will terminate; (c) You will immediately cease all use of and access to the Platform and all Content and Services; (d) You will immediately delete any Applications You have downloaded or installed prior to termination; (e) all Fees then owed by You (including, for Annual Paid Subscriptions, any Fees applicable to the remaining subscription term) will become immediately due and payable; and (f) You will immediately either return to Radiosity or, at Radiosity’s discretion, destroy any Content of Radiosity and any other information related to this Agreement in Your possession or control.
Without limiting Radiosity’s right to terminate this Agreement, Radiosity may also suspend, disconnect, limit or terminate Your access to Your Account and the Platform and any Content or Services (including Your Content), with or without notice to You, upon any actual, threatened or suspected breach of this Agreement (including, for the avoidance of doubt, non-payment of Fees or a violation of Section 7(h)) or applicable Law or upon any other conduct deemed by Radiosity, in its sole discretion, to be inappropriate or detrimental to the Platform, Radiosity, or any other User or third party.
15. Restarting Services.
If Your Account is disconnected for non-payment, or for any other reason whatsoever, then Radiosity may require that You pay, and You agree to pay, any amount due (regardless of how long outstanding, and including all past due charges and all outstanding balances accrued through the date of such disconnection) before Radiosity reconnects Your access to the Platform and Services. Radiosity is not obligated to reconnect Your access to any of the Services. If Your Services are disconnected for non-payment, or for any other reason whatsoever, then You may no longer be eligible, even if You pay to restart Your subscription, to receive any remaining credits or promotional pricing that You would have been eligible to receive had Your subscription, or any of our other Services, not been disconnected, suspended, limited, or terminated.
16. Platform Technology.
The Platform, and the databases, software, hardware and other technology used by or on behalf of Radiosity to operate the Platform, and the structure, organization, and underlying data, information and software code thereof (collectively, the “Technology”), are the property of and constitute valuable trade secrets of Radiosity. Radiosity retains all right, title and interest, including, without limitation, all IPR (as defined below), in and to the Technology and any additions, improvements, updates and modifications thereto. You receive no ownership interest in or to the Technology and You are not granted any right or license to use the Technology itself, apart from Your ability to access the Platform, under this Agreement. The Radiosity name, logo and all names and logos associated with any Content or Services appearing on the Platform are trademarks of Radiosity and its providers and You are granted no right or license to use them. For purposes of this Agreement, “IPR” means all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights.
17. Representations and Warranties.
You represent and warrant to Radiosity that: (a) You have the legal right and authority to enter into this Agreement; (b) this Agreement forms a binding legal obligation on Your behalf; and (c) You have the legal right and authority to perform Your obligations under this Agreement and to grant the rights and licenses described in this Agreement.
- No Endorsement. All Content made available to You through the Platform is for ENTERTAINMENT purposes only. Neither Radiosity nor any LICENSOR OR PROVIDER OF Radiosity recommends or endorses any content or any specific products, SERVICES, procedures, opinions or RECOMMENDATIONS that may be included on the Platform OR IN ANY CONTENT. Your reliance on any Content appearing on the Platform is solely at your own risk.
- No Additional Warranties. THE PLATFORM AND ALL CONTENT and SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Radiosity and its providers do not warrant or guarantee the accuracy, completeness, adequacy or currency of THE PLATFORM OR any Content or services and do not endorse the views or opinions that may be expressed in the PLATFORM Content or other data, information OR CONTENT THAT MAY BE provided through the PLATFORM. Radiosity AND ITS providers EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO the PLATFORM, CONTENT, SERVICES and other SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, title or non-infringement. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Radiosity, ITS EMPLOYEES, PROVIDERS OR AGENTS WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO, THE WARRANTIES expressly SET FORTH IN THIS SECTION.
You hereby agree to indemnify, defend, and hold harmless Radiosity and its officers, directors, shareholders, affiliates, employees, agents, contractors, assigns, Users, customers, providers, licensors, and successors in interest (“Indemnified Parties”) from any and against all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising in any manner from: (1) Your access to or use of the Platform or any Content or Services; (2) Your Content or any access to or use thereof; (4) any access to or use of Your Content by any other Users; (5) Your collection, use, or disclosure of any User Information, and (6) Your breach of any provision of this Agreement, including any representation or warranty. Radiosity will provide You with notice of any such claim or allegation, and Radiosity will have the right to participate in the defense of any such claim at its expense.
20. Limitation on Liability.
Radiosity will not BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH THIS AGREEMENT OR OUT OF THE USE OF THE PLATFORM OR ANY CONTENT OR SERVICES, EVEN IF Radiosity HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF CONTENT, OPPORTUNITY, REVENUES, PROFITS OR REPUTATION, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE CONTENT, GOODS, OR SERVICES. Radiosity’s TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, THE PLATFORM, AND all CONTENT AND SERVICES provided under this agreement OR THROUGH THE PLATFORM, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED ANY amounts paid by you to Radiosity in the 12 month period preceding the events giving rise to any liability. You agree THAT Radiosity WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, Radiosity’s LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
21. Claims of Infringement.
Radiosity respects Your copyrights and other intellectual property
rights and those of other third parties. If You believe in good
faith that Your copyrighted work has been reproduced on the
Platform without Your authorization in a way that constitutes
copyright infringement, You may notify our designated copyright
agent by mail to:
- Radiosity, Inc.
- Attn: Copyright Infringement Agent
Please provide the following information to Radiosity’s
Copyright Infringement Agent: (1) the identity of the infringed
work, and of the allegedly infringing work; (2) Your name,
address, daytime phone number, and email address, if available;
(3) a statement that You have a good-faith belief that the use of
the copyrighted work is not authorized by the owner, his or her
agent, or the law; (4) a statement that the information in the
notification is accurate and, under penalty of perjury, that You
are authorized to act on behalf of the owner; and (5) Your
electronic or physical signature. Please be advised that Radiosity
will not respond to complaints that do not meet these
requirements. If Radiosity determines that the materials alleged to
infringe your copyright or trademark rights do not require
removal, Radiosity will remove those materials only pursuant to a
court order declaring the content or use of the materials
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. Counter-notices must include the following information: (a) your name, address, and telephone number; (b) the source of the content that was removed; (c) a statement under penalty of perjury that you have a good-faith belief that the content was removed in error; (d) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located; or, if your address is outside of the United States, for any judicial district in which Radiosity may be found, and that you will accept service of process from the person who provided the original complaint; and (e) a physical or electronic signature (for example, typing your full name).
Notices and counter-notices with respect to the Services must meet the then-current statutory requirements imposed by the Digital Millennium Copyright Act (“DMCA”) (see http://copyright.gov/title17/92appb.html) and should be sent to the agent identified above. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Except as otherwise provided below, the parties will attempt to resolve all disputes, controversies, or claims arising under, out of, or relating to this Agreement, including the formation, validity, binding effect, interpretation, performance, breach or termination, of this Agreement and the arbitrability of the issues submitted to arbitration hereunder and non-contractual claims relating to this Agreement (each, a “Dispute”), in accordance with the procedures set forth in this Section. If any Dispute cannot be resolved through negotiations between the parties within 5 days of notice from one party to the other of the Dispute, such Dispute will be finally settled through binding arbitration under the arbitration rules of the JAMS (“JAMS”) then in effect (the “Rules”). Either party may commence the arbitration by delivering a request for arbitration as specified in the Rules. The arbitration will be conducted before a sole neutral arbitrator selected by agreement of the parties. If the parties cannot agree on the appointment of a single arbitrator within 30 days (the “Initial Period”) after either party to this Agreement delivers a request for arbitration, a neutral arbitrator will be selected as provided in the Rules. The arbitration will be conducted exclusively in the English language at a site specified by Radiosity in New York, NY, U.S.A. The award of the arbitrator will be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or plead to the arbitrator. The award of the arbitrators will require payment of the costs, fees and expenses incurred by the prevailing party in any such arbitration by the non-prevailing party. Judgment upon the award may be entered in any court or governmental body having jurisdiction thereof. Any additional costs, fees or expenses incurred in enforcing the award may be charged against the party that resists its enforcement.
23. Governing Law and Venue.
Subject to Section 21, The interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of New York U.S.A. as such laws apply to contracts between New York residents performed entirely within the State of New York without regard to the conflict of laws provisions thereof. Subject to Section 21 (Disputes), each party will bring any action or proceeding arising from or relating to this Agreement exclusively in a federal or state court located in New York, NY U.S.A. and You irrevocably submit to the personal jurisdiction and venue of any such courts in any such action or proceeding brought in such courts by Radiosity.
Unless otherwise specified in this Agreement, any notices required or allowed under this Agreement will be provided to Radiosity by postal mail to the address for Radiosity listed on the Platform. Radiosity may provide You with any notices required or allowed under this Agreement by sending You an email to any email address You provide to Radiosity in connection with Your Account, provided that in the case of any notice applicable both to You and other Users of the Platform, Radiosity may instead provide such notice by posting on the Platform. Notices provided to Radiosity will be deemed given when actually received by Radiosity. Notice provided to You will be deemed given 24 hours after posting to the Platform or sending via email, unless (as to email) the sending party is notified that the email address is invalid.
25. Linked Sites.
The Platform may contain links to third-party sites or Content that are not under the control of Radiosity. If You access a third-party site or Content from the Platform, then You do so at Your own risk and Radiosity is not responsible for any content on any linked site or content. You may establish a link to the Site, provided that the link does not state or imply any sponsorship or endorsement of Your site by Radiosity or any group or individual affiliated with Radiosity. You may not use on Your site any Platform Content or marks appearing on the Platform in establishing the link. You may not frame or otherwise incorporate into another site the content or other materials on the Platform without prior written consent.
26. Additional Terms.
Unless otherwise amended as provided herein, this Agreement will exclusively govern Your access to and use of the Platform, including all Content and Services, and is the complete and exclusive understanding and agreement between the parties, and supersedes any oral or written proposal, agreement or other communication between the parties, regarding Your access to and use of the Platform and all Content and Services. Except as expressly set forth in this Agreement, this Agreement may be amended or modified only by a writing signed by both parties. All waivers by Radiosity under this Agreement must be in writing or later acknowledged by Radiosity in writing. Any waiver or failure by Radiosity to enforce any provision of this Agreement on one occasion will not be deemed a waiver by Radiosity of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be unenforceable, that provision will be removed to the extent necessary to comply with applicable Law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the applicable Law, and the remaining provisions will remain in full force. The prevailing party in any lawsuit or proceeding arising from or related to this Agreement will be entitled to receive its costs, expert witness fees and reasonable attorneys’ fees, including costs and fees on appeal. Neither this Agreement nor any rights or obligations of You hereunder may be assigned or transferred by You (in whole or in part and including by sale, merger, consolidation, or other operation of law) without the prior written approval of Radiosity. Any assignment in violation of the foregoing will be null and void. Radiosity may assign this Agreement to any party that assumes Radiosity’s obligations hereunder. The parties hereto are independent parties, not agents, employees or employers of the other or joint venturers, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. Any reference herein to “including” will mean “including, without limitation.” Upon request from Radiosity, You agree to provide Radiosity with such documentation or records with respect to Your activities under this Agreement as may be reasonably requested for Radiosity to verify Your compliance with the terms of this Agreement and all applicable Laws. The following Sections survive any expiration or termination of this Agreement: 1-6, 7(d), 7(e), 8-12, 123(b), 14-19 and 21-25.
27. Contact Us.
If you have any questions about our privacy practices or any of the terms or conditions of this Privacy
Policy, please feel free to contact us at: