Terms of Service
These Radiosity Terms of Service form a binding agreement (the “Agreement”) between Radiosity Media Limited (“Radiosity”) and you, or, if you represent an entity or other organization, that entity or organization (in either case “You”, “you”, “your”).
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.
Eligibility, Accounts, and Registration
- By using the services provided by Radiosity, you represent and warrant that you are 13 years of age or older.
- In order to use these Services, you will be required to register for an online account.
- You may only register for one account and you agree to:
- (i) provide accurate, current and complete information;
- (ii) maintain and promptly update your account information to keep it accurate, current and complete;
- (iii) maintain the security of your password and accept all risks of unauthorized access to your account; and
- (iv) promptly notify Radiosity if you discover or otherwise suspect any security breaches related to the Services.
Trademarks
Third Party Sites and Services: Third Party Materials
Disclaimers
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
- GAMECARDDELIVERY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES AND THE CONTENT CONTAINED THEREIN, INCLUDING ANY AND ALL:
- (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT GAMECARDDELIVERY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE);
- AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE.
- GAMECARDDELIVERY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE,
- OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY GAMECARDDELIVERY OR OUR AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
- SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
Applicable Law
- Radiosity is based in Hong Kong and our Services are subject to Hong Kong law.
- If you choose to access or use the Services from locations outside the United States or Hong Kong, you do so at your own risk and are responsible for compliance with all applicable laws, rules and regulations from your country of residence.
- The laws of the State of California, excluding its conflicts of law rules, govern your use of the Services.
- Your use of the Services may also be subject to other local, state, national, or international laws.
- You agree that any action at law or in equity arising out of or relating to the Services or the terms will be filed only in the state and federal courts located in Hong Kong County
- and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of the Services (including, but not limited to, your use of the Services).
Intellectual Property Rights
- You acknowledge and agree that, in the event of any third-party claim that Radiosity mobile applications, or your possession and use thereof, infringe that third-party’s intellectual property rights, Radiosity, and not Apple,will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.