TERMS AND CONDITIONS OF SERVICE
This Agreement was last revised on 5/24/20
INTRODUCTION
iRadius™ is owned and operated by iRadius LLC. We offer you access to our services through our Website (www.iradius.app) and Mobile Application (App) iRadius – Friend Radar.
The purpose of this Website and Mobile App is to provide a convenient way to identity real people based on location, and connect with other users by creating an account and profile online. By accessing and using this Website or Mobile App, you acknowledge that you have read, understand and agree to be lawfully bound by these Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). If you do not agree with any of parts of this Agreement, please do use our Mobile App or Website.
If you are under the age of 18, you may not download or use iRadius™. We do not knowingly collect or maintain information from children under age 18.
You may not use our services if you are required to register as a sex offender with any government entity. By using our App or Website, you represent and warrant that you are not required to register as a sex offender with any government entity.
If you have any questions or comments about these Terms and Conditions, please contact us at support@iradius.app .
DEFINITIONS
• “Agreement” denotes this Terms and Conditions and the Privacy Policy and other documents provided on the Website;
• “Service” or “Services” refers to any service defined below, which we may provide and which you may request via our Mobile App or Website;
• “User”, “You” and “Your” denotes the person who is accessing any product or service from us. User shall include the company, partnership, person, association, or any other organization using the iRadius services;
• “We”, “us”, “our” and “Company” are references to iRadius LLC located in the United States;
• ”Website” shall mean and include https://iradius.app/index.html;
• ”Mobile Application” shall mean and include our mobile app “iRadius” and any successor application of the Company or any of its affiliates;
• “Site” and “Sites” shall refer to the properties owned by iRadius LLC, including the website (www.iradius.app) and Mobile App (iRadius).
• “User Account” shall mean an electronic account opened by the user to access services offered through the Mobile app or Website.
INTERPRETATION
• All references to singular include plural and vice versa and the word "includes" should be construed as "without limitation".
• Words implying any gender shall include all the other genders.
• Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
• All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define, limit or effect the meaning or interpretation of the terms of this Agreement.
CONSENT AND SCOPE
• Acceptance. By using our app or service in any manner, you are bound by these Terms and Conditions, as well as the terms of the Agreement identified above. If you do not accept the terms, please do not use our Website and Mobile App. If you accept these Terms and Conditions on behalf of a Company, organization, government, or other legal entity, you hereby represent and warrant that (a) you are legally authorized to do so, (b) the entity agrees to be legally bound by the Terms, and (c) neither you nor the entity is barred from using the Services or accepting the Terms under the laws of the applicable jurisdiction(s).
• Scope. These Terms and Conditions govern your use of the App, Website and the Services. Except as otherwise specified, these Terms and Conditions do not apply to third-party products or services, which are governed by their own terms of service.
• Eligibility: Our service is not available to minors under the age of 18 or to any users suspended or removed from the system by us for any reason.
• Electronic Communication: When you use this Website or Mobile App or send e-mails and other electronic communications from any electronic device to us, you are communicating with us electronically. By using our services, you agree to receive communications from us electronically. As long as you receive Services, you may not opt out of receiving emails from our Company.
MODIFICATIONS TO THE TERMS OF SERVICE
We reserve the right, at our discretion, to change, modify, add to, or remove portions of the Terms and Conditions (collectively, “Changes”), at any time. We may notify you of changes by sending an email to the address identified in your account or by posting a revised version of the Terms and Conditions, incorporating the changes to our Website or Mobile App. Your continued use of our services following notice of modifications, or posting of the revised Terms and Conditions incorporated in the Website or Mobile App shall mean that you agree to the changes. Such modifications will apply prospectively beginning on the date the changes are emailed or posted to the Website and Mobile App.
REGISTRATION INFORMATION
You agree that the information you provide in connection with establishing any account is accurate and that you will keep your information up-to-date. You are responsible for the security of all of your user names, passwords and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time without notice.
SAFETY AND SECURITY
The services permit other users to know your approximate location and distance from other users. You will have the ability to limit the broadcasting of your location through privacy settings. Regardless, use of the services may involve special risks associated with persons knowing your location, and precautions should be taken to assure your safety. You should only share information with those you trust. You should take the usual precautions when meeting with people you do not know. You should never send money or other forms of payment to users, and you should be very wary of those who ask for such payments. You should be aware that online scams often involve sophisticated stories focused on ingratiating unsuspecting users.
COMPANY CONTENT
We publish our own content as well as links, content and resources provided by third parties and content that has been specifically commissioned by us for publication on the Website and Mobile App.
All proprietary rights relating to any third party links, content or resources published on our Sites shall remain with the original source or the author(s) of that material and where any content has been commissioned by us for publication on the Website and/or Mobile App, any proprietary rights to such content remain with the relevant author, unless otherwise agreed or specified.
For all other content published on the Website and Mobile App, iRadius LLC reserves all proprietary rights including, but not limited to, copyrights, trademarks and other intellectual property rights in and to all content on the Sites; this includes all text, graphics, photographs, logos and/or other items that appear on the Websites and Mobile App. We also reserve our rights over the Sites’ design, including its layout and structure. Visitors are not authorized to use the Website and Mobile App’s name, logo or likeness without prior consent.
The content, links and resources on the Sites are provided for general information only. It is not to be construed as advice on which visitors should rely. Users should obtain professional or advice from specialists before taking, or refraining from taking, any action on the basis of the content on the Website and Mobile App. While we endeavor to update our Sites regularly, we do not make representations, warranties and/or guarantees, whether express or implied, that information provided in the Website and Mobile App is accurate, up-to-date or complete.
USER CONTENT AND SUBMISSIONS
Content Responsibility
You are solely responsible for the content you submit, and do so at your own risk. Such content includes videos, pictures, data, software, music, sounds, photographs, graphics, artwork, images, texts, messages, posts, or other materials of any kind, whether publicly posted or privately transmitted. You represent and warrant that you own and control all rights to the content, or have the necessary licenses, consents and permissions to publish all the said content. You further represent and warrant that the user content is accurate and not misleading, and use and posting of the content does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity. Except as set forth in our Privacy Policy, we are not responsible for any content that you upload or transmit on our Website and/or Mobile App.
While we do not claim ownership of your content, if you post content to the Site, you grant the Company and its affiliates world-wide, non-exclusive, royalty-free, perpetual, assignable, fully sub-licensable, and irrevocable rights to use, reproduce, modify, distribute, adapt, publish, translate, create derivative works from, perform and display such user content (including your username and likeness) throughout the world in any media, whether by us or third parties at our sole discretion. If applicable local law does not allow the above rights to be granted in perpetuity, you agree that they shall be granted for the maximum period allowed, being no less than the duration of the relevant intellectual property right(s). You grant the Company, its affiliates and sub-licensees the right to use the name on the account associated with the user content.
Although the Company is not obligated to screen, monitor or edit any user content posted, we reserve the right, and have absolute discretion, to edit, screen or remove any user content posted, stored or otherwise available on the Site at any time and for any reason without notice. Any use of the Site and Services in violation these Terms and Conditions may result in termination or suspension of your rights to use our Services.
You are solely responsible and liable for interactions with other users. We reserve the right to monitor communications between users, but are not obligated to do so.
Prohibited Content
By using our Sites and Services, you agree not to create, post, transmit, store, distribute, upload and/or publish any prohibited content, which include any that may be considered:
• profane, abusive, racist or hateful in language or expression, pornographic, lewd, indecent, obscene, inflammatory attacks of a personal, racial or religious nature;
• harmful to minors, harassing, defamatory, libelous, threatening, disparaging, false, misleading, inaccurate, unfair, grossly exaggerated, unsubstantiated, fraudulent or otherwise objectionable;
• discriminatory on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, disability, or referring to such matters in any manner prohibited by law;
• violations of privacy rights of a person or entity;
• confidential or private information of any third party such as their Social Security numbers, credit card numbers, addresses, email addresses and phone numbers;
• impersonating any person or entity, or otherwise misrepresenting affiliation with a person or entity;
• misrepresenting yourself to be a minor;
• harmful or offensive to any individual or community;
• violations or inappropriate encouragement of the violation of any municipal, state, federal or international law, rule, regulation or ordinance;
• use or attempted use of another's account, password, service or system;
• uploading or transmitting viruses, malware or other harmful, disruptive or destructive files;
• unsolicited promotions, pyramid schemes, spam, advertisements or political ads;
• information or data which are unlawfully obtained;
• infringing on any patent, trademark, trade secret, copyright, or other intellectual property right of any person or entity;
• answers, comments, opinions, analysis, recommendations, texts or other responses for which you are not licensed of otherwise qualified to provide;
• objectionable or inhibiting of another person’s enjoyment of our sites and services; and
• exposing the Company or its users to any harm or liability of any type.
YOUR COMMITMENT AND RESPONSIBILITIES
• You shall use the Service for a lawful purpose and comply with all the applicable laws;
• You shall not upload any content that is described as Prohibited Content in the USER CONTENT AND SUBMISSIONS section above;
• You shall not harass, stalk, or otherwise harm anyone;
• You shall not exploit anyone in a violent, sexual or objectionable manner;
• You shall not impersonate another person’s identity;
• You shall not collect personal data about other users for inappropriate or unlawful purposes;
• You shall not use or access the Sites for collecting market research or similar data for other businesses;
• You shall not use any virus, hacking tool or malicious software to interfere in the operation of the Mobile App or Website or data and files of the Mobile App and Website;
• You will not use any data mining tool, scraper or any automated device to access our Website or Mobile Application for any purpose without obtaining permission from the Company.
• You shall inform us if you become aware of anything inappropriate or illegal;
• You will not take any action that levies or may levy (in our sole determination) an unreasonable or unreasonably large burden on the technical resources of the Company; and
• You shall not use any type of program or device that automates submission of postings and messages that are not manually entered by a human user, including but is not limited to programs and devices that enter bulk postings and/or automated post submissions at timed intervals.
We reserve the right, at our sole and absolute discretion, to deny you access to the Site or Service, or any portion of the Website and Mobile Application or Service, without notice, and to remove any content.
SPAM POLICY
Users may not engage in any activity involving spam on our Sites. You may not upload, post, email, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation on the website or the iRadius app.
DISCLAIMER OF WARRANTIES
YOU USE OUR SERVICES AT YOUR SOLE RISK. WE PROVIDE OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
WE DO NOT GUARANTEE THAT OUR SERVICES WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT OUR SERVICES WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE MAKE NO WARRANTY THAT (1) OUR SERVICES WILL MEET YOUR REQUIREMENTS, (2) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
WHILE COMPANY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND SERVICES SAFE, COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVICES, OR ANY CONTENT OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OR ANOTHERS’ DEVICE OR COMPUTER OR LOSS OF DATA THAT RESULTS, DIRECTLY OR INDIRECTLY, FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
As a provider of user-based services, we do not control the posted content and, as such, we do not control its accuracy, integrity, quality or any other aspect of the content. Under no circumstances are we liable in any way for any content, including but not limited to any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content. We are not liable for any user or third-party content posted, uploaded or stored. The Company is also not responsible for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Please fully understand that your use of our Services is at your own risk.
In no event shall iRadius LLC, nor its owners, members, partners, directors, employees, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, monies, usage, goodwill, or other intangible losses resulting from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content.
Other users of iRadius are able use your content, personal information and likeness in a manner you disapprove of, dislike or find offensive. You acknowledge this possibility and agree not to assert claims, actions or demands against the Company in connection with such use or activities, whether such use or activities are authorized by these Terms or not. We are not responsible for any offensive, unlawful, obscene, or otherwise objectionable content you may find on iRadius. We are not responsible for the conduct of any user of the Service, whether online or offline. Although the Company is under no obligation to screen, edit or monitor any of the User Content posted, the Company reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site or made available through the Services at any time and for any reason without notice.
The Company is not liable for any lost or deleted data or information. We are not responsible for the timeliness, deletion, delivery or storage of user communications or personal settings.
If you are a California resident, you waive the California civil code section 1542, which says “A general release does not extend to claims which the creditor does not know of suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Notwithstanding anything to the contrary contained herein, and to the extent that a judgement is rendered in a court of appropriate jurisdiction disregarding one or more of the Warranty Disclaimers and Liability Limitations contained herein, our aggregate liability to you shall not exceed ten dollars ($10.00)
ADVERTISING
The Company, affiliates and licensees may run promotions and advertisements, from third parties on the Sites or through Services, in close proximity or in association with your content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you. Your participation, correspondences and business transactions with advertisers are solely between you and such third parties. The Company is not responsible or liable for any loss or damage of any kind that may occur as a result of such transactions or as a result of such third party advertisements on our Sites.
THIRD PARTY LINKS
We may provide links to external or third-party resources and Websites (“External Sites”). The content of such External Sites are created and used by others, and as such are not the responsibility of this Company. We do not endorse and are not liable for any content, products, services, advertising or other material on or available from such resources or sites. In using our service, you agree that we will not be held liable or responsible for any damage or loss of any kind caused by use of or reliance on any such content or other material available on such sites or resources. If you agree to access linked External Sites, you do so at your own risk.
GEOGRAPHIC RESTRICTION
We reserve the right, but not the obligation, to limit the usage or supply of any service to any person, geographic region or jurisdiction. We may invoke this right at our discretion as necessary. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on our Website and Mobile App is invalid where banned.
MOBILE SERVICES
The iRadius app requires the use of wireless services and mobile devices. The Company does not charge end users for use of its Services. However, you may incur charges from your mobile service provider for services related to the Company services. Please check with your mobile service provider regarding such charges. By using our Services, you agree that the Company may communicate with you regarding the Services by SMS, text message, email or other electronic means.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA NOTIFICATION)
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our designated agent using the information below.
iRadius LLC
ATTN: Legal Department (Copyright Notification)
Email: legal@iradius.app
Any notice alleging that materials hosted by or distributed through the Service infringe on intellectual property rights must include the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of the material that you claim is infringing and where it is located on the Service;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
• a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
PERSONAL INFORMATION AND PRIVACY POLICY
By accessing or using Website or Mobile Application, you agree that we can use, store or otherwise process your personal information as per our Privacy Policy.
OUR PROPRIETARY RIGHTS
The Website and Mobile Application contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other materials provided by or on behalf of us (collectively referred to as the “Content”). Rights to the Content may be possessed by our Company or third parties. Unauthorized use of the Content may infringe on copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as allowed under this Agreement. No other use is allowed without prior written consent from our Company. You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited.
If you infringe on any part of this Agreement, your permission to access and use the Content on the Website and Mobile App automatically terminates and you must immediately destroy any copies you have made of the Content.
Our trademarks, service marks, and logos used and displayed on the Sites are our registered and unregistered trademarks and service marks. Other company, product, and service names located on the Website and Mobile App may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”). Nothing on the Website and Mobile Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the trademarks, service marks, logos and other content without our prior written permission specific for each such use. None of the Content may be retransmitted without our express, written consent for each and every instance.
You may not access our services by any means other than through interfaces approved by the Company. You may not reverse engineer or otherwise attempt to discover our source code. You may not modify the software in any manner or form or use modified versions of the software. Violations of this policy could subject you and your agents to civil and criminal penalties.
INDEMNIFICATION
You agree to secure, indemnify, and hold harmless the Company, our officers, directors, employees, successors, licensees, and associates from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of your actions or information or content you submit, post, transmit or make available on our Sites and Services, your access and use of our Sites and Services, your connection to our Sites and Services, your violation of our Terms and Conditions, your transmission of other users’ information or content, or your violation of the rights of others. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
MISCELLANEOUS
SEVERABILITY
If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect and enforceable.
TERMINATION
Term. The Services can be cancelled or terminated by us at any time, with or without cause. We will have no liability to you or any third party because of such termination.
Effect of Termination. Upon termination for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data. All sections of the Terms and Conditions that expressly provide for storage of materials, or by their nature need to be stored, will be saved without limitation, indemnification, warranty disclaimers, and limitations of liability.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement.
GOVERNING LAW AND JUDICIAL RECOURSE
The terms herein will be governed by and construed in accordance with the law of United States of America and State of Hawaii without giving effect to any principles or conflicts of law. The courts of the State of Hawaii shall have exclusive jurisdiction over any dispute arising from use of our Sites and Services.
FORCE MAJEURE
We will have no liability to you, your users, or any third party for any failure by us to perform our obligations under these Terms and Conditions in the event that such non-performance arises as a result of the occurrence of an event beyond our reasonable control, including without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.
HOSTING SERVICES
We have entered into arrangements with one or more third parties for hosting services that are essential to the Services incorporated within our Services and without which our Services could not be provided to you.
ASSIGNMENT
The Company shall have the right to assign/transfer its interest to any third party including its holding company, subsidiaries, affiliates, and associates without any consent of the User.
CONTACT INFORMATION
If you have any questions about these Terms and Conditions, please contact us at support@iradius.app
This Agreement was last revised on 5/24/20
INTRODUCTION
iRadius™ is owned and operated by iRadius LLC. We offer you access to our services through our Website (www.iradius.app) and Mobile Application (App) iRadius – Friend Radar.
The purpose of this Website and Mobile App is to provide a convenient way to identity real people based on location, and connect with other users by creating an account and profile online. By accessing and using this Website or Mobile App, you acknowledge that you have read, understand and agree to be lawfully bound by these Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). If you do not agree with any of parts of this Agreement, please do use our Mobile App or Website.
If you are under the age of 18, you may not download or use iRadius™. We do not knowingly collect or maintain information from children under age 18.
You may not use our services if you are required to register as a sex offender with any government entity. By using our App or Website, you represent and warrant that you are not required to register as a sex offender with any government entity.
If you have any questions or comments about these Terms and Conditions, please contact us at support@iradius.app .
DEFINITIONS
• “Agreement” denotes this Terms and Conditions and the Privacy Policy and other documents provided on the Website;
• “Service” or “Services” refers to any service defined below, which we may provide and which you may request via our Mobile App or Website;
• “User”, “You” and “Your” denotes the person who is accessing any product or service from us. User shall include the company, partnership, person, association, or any other organization using the iRadius services;
• “We”, “us”, “our” and “Company” are references to iRadius LLC located in the United States;
• ”Website” shall mean and include https://iradius.app/index.html;
• ”Mobile Application” shall mean and include our mobile app “iRadius” and any successor application of the Company or any of its affiliates;
• “Site” and “Sites” shall refer to the properties owned by iRadius LLC, including the website (www.iradius.app) and Mobile App (iRadius).
• “User Account” shall mean an electronic account opened by the user to access services offered through the Mobile app or Website.
INTERPRETATION
• All references to singular include plural and vice versa and the word "includes" should be construed as "without limitation".
• Words implying any gender shall include all the other genders.
• Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
• All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define, limit or effect the meaning or interpretation of the terms of this Agreement.
CONSENT AND SCOPE
• Acceptance. By using our app or service in any manner, you are bound by these Terms and Conditions, as well as the terms of the Agreement identified above. If you do not accept the terms, please do not use our Website and Mobile App. If you accept these Terms and Conditions on behalf of a Company, organization, government, or other legal entity, you hereby represent and warrant that (a) you are legally authorized to do so, (b) the entity agrees to be legally bound by the Terms, and (c) neither you nor the entity is barred from using the Services or accepting the Terms under the laws of the applicable jurisdiction(s).
• Scope. These Terms and Conditions govern your use of the App, Website and the Services. Except as otherwise specified, these Terms and Conditions do not apply to third-party products or services, which are governed by their own terms of service.
• Eligibility: Our service is not available to minors under the age of 18 or to any users suspended or removed from the system by us for any reason.
• Electronic Communication: When you use this Website or Mobile App or send e-mails and other electronic communications from any electronic device to us, you are communicating with us electronically. By using our services, you agree to receive communications from us electronically. As long as you receive Services, you may not opt out of receiving emails from our Company.
MODIFICATIONS TO THE TERMS OF SERVICE
We reserve the right, at our discretion, to change, modify, add to, or remove portions of the Terms and Conditions (collectively, “Changes”), at any time. We may notify you of changes by sending an email to the address identified in your account or by posting a revised version of the Terms and Conditions, incorporating the changes to our Website or Mobile App. Your continued use of our services following notice of modifications, or posting of the revised Terms and Conditions incorporated in the Website or Mobile App shall mean that you agree to the changes. Such modifications will apply prospectively beginning on the date the changes are emailed or posted to the Website and Mobile App.
REGISTRATION INFORMATION
You agree that the information you provide in connection with establishing any account is accurate and that you will keep your information up-to-date. You are responsible for the security of all of your user names, passwords and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time without notice.
SAFETY AND SECURITY
The services permit other users to know your approximate location and distance from other users. You will have the ability to limit the broadcasting of your location through privacy settings. Regardless, use of the services may involve special risks associated with persons knowing your location, and precautions should be taken to assure your safety. You should only share information with those you trust. You should take the usual precautions when meeting with people you do not know. You should never send money or other forms of payment to users, and you should be very wary of those who ask for such payments. You should be aware that online scams often involve sophisticated stories focused on ingratiating unsuspecting users.
COMPANY CONTENT
We publish our own content as well as links, content and resources provided by third parties and content that has been specifically commissioned by us for publication on the Website and Mobile App.
All proprietary rights relating to any third party links, content or resources published on our Sites shall remain with the original source or the author(s) of that material and where any content has been commissioned by us for publication on the Website and/or Mobile App, any proprietary rights to such content remain with the relevant author, unless otherwise agreed or specified.
For all other content published on the Website and Mobile App, iRadius LLC reserves all proprietary rights including, but not limited to, copyrights, trademarks and other intellectual property rights in and to all content on the Sites; this includes all text, graphics, photographs, logos and/or other items that appear on the Websites and Mobile App. We also reserve our rights over the Sites’ design, including its layout and structure. Visitors are not authorized to use the Website and Mobile App’s name, logo or likeness without prior consent.
The content, links and resources on the Sites are provided for general information only. It is not to be construed as advice on which visitors should rely. Users should obtain professional or advice from specialists before taking, or refraining from taking, any action on the basis of the content on the Website and Mobile App. While we endeavor to update our Sites regularly, we do not make representations, warranties and/or guarantees, whether express or implied, that information provided in the Website and Mobile App is accurate, up-to-date or complete.
USER CONTENT AND SUBMISSIONS
Content Responsibility
You are solely responsible for the content you submit, and do so at your own risk. Such content includes videos, pictures, data, software, music, sounds, photographs, graphics, artwork, images, texts, messages, posts, or other materials of any kind, whether publicly posted or privately transmitted. You represent and warrant that you own and control all rights to the content, or have the necessary licenses, consents and permissions to publish all the said content. You further represent and warrant that the user content is accurate and not misleading, and use and posting of the content does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity. Except as set forth in our Privacy Policy, we are not responsible for any content that you upload or transmit on our Website and/or Mobile App.
While we do not claim ownership of your content, if you post content to the Site, you grant the Company and its affiliates world-wide, non-exclusive, royalty-free, perpetual, assignable, fully sub-licensable, and irrevocable rights to use, reproduce, modify, distribute, adapt, publish, translate, create derivative works from, perform and display such user content (including your username and likeness) throughout the world in any media, whether by us or third parties at our sole discretion. If applicable local law does not allow the above rights to be granted in perpetuity, you agree that they shall be granted for the maximum period allowed, being no less than the duration of the relevant intellectual property right(s). You grant the Company, its affiliates and sub-licensees the right to use the name on the account associated with the user content.
Although the Company is not obligated to screen, monitor or edit any user content posted, we reserve the right, and have absolute discretion, to edit, screen or remove any user content posted, stored or otherwise available on the Site at any time and for any reason without notice. Any use of the Site and Services in violation these Terms and Conditions may result in termination or suspension of your rights to use our Services.
You are solely responsible and liable for interactions with other users. We reserve the right to monitor communications between users, but are not obligated to do so.
Prohibited Content
By using our Sites and Services, you agree not to create, post, transmit, store, distribute, upload and/or publish any prohibited content, which include any that may be considered:
• profane, abusive, racist or hateful in language or expression, pornographic, lewd, indecent, obscene, inflammatory attacks of a personal, racial or religious nature;
• harmful to minors, harassing, defamatory, libelous, threatening, disparaging, false, misleading, inaccurate, unfair, grossly exaggerated, unsubstantiated, fraudulent or otherwise objectionable;
• discriminatory on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, disability, or referring to such matters in any manner prohibited by law;
• violations of privacy rights of a person or entity;
• confidential or private information of any third party such as their Social Security numbers, credit card numbers, addresses, email addresses and phone numbers;
• impersonating any person or entity, or otherwise misrepresenting affiliation with a person or entity;
• misrepresenting yourself to be a minor;
• harmful or offensive to any individual or community;
• violations or inappropriate encouragement of the violation of any municipal, state, federal or international law, rule, regulation or ordinance;
• use or attempted use of another's account, password, service or system;
• uploading or transmitting viruses, malware or other harmful, disruptive or destructive files;
• unsolicited promotions, pyramid schemes, spam, advertisements or political ads;
• information or data which are unlawfully obtained;
• infringing on any patent, trademark, trade secret, copyright, or other intellectual property right of any person or entity;
• answers, comments, opinions, analysis, recommendations, texts or other responses for which you are not licensed of otherwise qualified to provide;
• objectionable or inhibiting of another person’s enjoyment of our sites and services; and
• exposing the Company or its users to any harm or liability of any type.
YOUR COMMITMENT AND RESPONSIBILITIES
• You shall use the Service for a lawful purpose and comply with all the applicable laws;
• You shall not upload any content that is described as Prohibited Content in the USER CONTENT AND SUBMISSIONS section above;
• You shall not harass, stalk, or otherwise harm anyone;
• You shall not exploit anyone in a violent, sexual or objectionable manner;
• You shall not impersonate another person’s identity;
• You shall not collect personal data about other users for inappropriate or unlawful purposes;
• You shall not use or access the Sites for collecting market research or similar data for other businesses;
• You shall not use any virus, hacking tool or malicious software to interfere in the operation of the Mobile App or Website or data and files of the Mobile App and Website;
• You will not use any data mining tool, scraper or any automated device to access our Website or Mobile Application for any purpose without obtaining permission from the Company.
• You shall inform us if you become aware of anything inappropriate or illegal;
• You will not take any action that levies or may levy (in our sole determination) an unreasonable or unreasonably large burden on the technical resources of the Company; and
• You shall not use any type of program or device that automates submission of postings and messages that are not manually entered by a human user, including but is not limited to programs and devices that enter bulk postings and/or automated post submissions at timed intervals.
We reserve the right, at our sole and absolute discretion, to deny you access to the Site or Service, or any portion of the Website and Mobile Application or Service, without notice, and to remove any content.
SPAM POLICY
Users may not engage in any activity involving spam on our Sites. You may not upload, post, email, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation on the website or the iRadius app.
DISCLAIMER OF WARRANTIES
YOU USE OUR SERVICES AT YOUR SOLE RISK. WE PROVIDE OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
WE DO NOT GUARANTEE THAT OUR SERVICES WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT OUR SERVICES WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE MAKE NO WARRANTY THAT (1) OUR SERVICES WILL MEET YOUR REQUIREMENTS, (2) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
WHILE COMPANY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND SERVICES SAFE, COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVICES, OR ANY CONTENT OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OR ANOTHERS’ DEVICE OR COMPUTER OR LOSS OF DATA THAT RESULTS, DIRECTLY OR INDIRECTLY, FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
As a provider of user-based services, we do not control the posted content and, as such, we do not control its accuracy, integrity, quality or any other aspect of the content. Under no circumstances are we liable in any way for any content, including but not limited to any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content. We are not liable for any user or third-party content posted, uploaded or stored. The Company is also not responsible for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Please fully understand that your use of our Services is at your own risk.
In no event shall iRadius LLC, nor its owners, members, partners, directors, employees, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, monies, usage, goodwill, or other intangible losses resulting from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content.
Other users of iRadius are able use your content, personal information and likeness in a manner you disapprove of, dislike or find offensive. You acknowledge this possibility and agree not to assert claims, actions or demands against the Company in connection with such use or activities, whether such use or activities are authorized by these Terms or not. We are not responsible for any offensive, unlawful, obscene, or otherwise objectionable content you may find on iRadius. We are not responsible for the conduct of any user of the Service, whether online or offline. Although the Company is under no obligation to screen, edit or monitor any of the User Content posted, the Company reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site or made available through the Services at any time and for any reason without notice.
The Company is not liable for any lost or deleted data or information. We are not responsible for the timeliness, deletion, delivery or storage of user communications or personal settings.
If you are a California resident, you waive the California civil code section 1542, which says “A general release does not extend to claims which the creditor does not know of suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Notwithstanding anything to the contrary contained herein, and to the extent that a judgement is rendered in a court of appropriate jurisdiction disregarding one or more of the Warranty Disclaimers and Liability Limitations contained herein, our aggregate liability to you shall not exceed ten dollars ($10.00)
ADVERTISING
The Company, affiliates and licensees may run promotions and advertisements, from third parties on the Sites or through Services, in close proximity or in association with your content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you. Your participation, correspondences and business transactions with advertisers are solely between you and such third parties. The Company is not responsible or liable for any loss or damage of any kind that may occur as a result of such transactions or as a result of such third party advertisements on our Sites.
THIRD PARTY LINKS
We may provide links to external or third-party resources and Websites (“External Sites”). The content of such External Sites are created and used by others, and as such are not the responsibility of this Company. We do not endorse and are not liable for any content, products, services, advertising or other material on or available from such resources or sites. In using our service, you agree that we will not be held liable or responsible for any damage or loss of any kind caused by use of or reliance on any such content or other material available on such sites or resources. If you agree to access linked External Sites, you do so at your own risk.
GEOGRAPHIC RESTRICTION
We reserve the right, but not the obligation, to limit the usage or supply of any service to any person, geographic region or jurisdiction. We may invoke this right at our discretion as necessary. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on our Website and Mobile App is invalid where banned.
MOBILE SERVICES
The iRadius app requires the use of wireless services and mobile devices. The Company does not charge end users for use of its Services. However, you may incur charges from your mobile service provider for services related to the Company services. Please check with your mobile service provider regarding such charges. By using our Services, you agree that the Company may communicate with you regarding the Services by SMS, text message, email or other electronic means.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA NOTIFICATION)
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our designated agent using the information below.
iRadius LLC
ATTN: Legal Department (Copyright Notification)
Email: legal@iradius.app
Any notice alleging that materials hosted by or distributed through the Service infringe on intellectual property rights must include the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of the material that you claim is infringing and where it is located on the Service;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
• a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
PERSONAL INFORMATION AND PRIVACY POLICY
By accessing or using Website or Mobile Application, you agree that we can use, store or otherwise process your personal information as per our Privacy Policy.
OUR PROPRIETARY RIGHTS
The Website and Mobile Application contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other materials provided by or on behalf of us (collectively referred to as the “Content”). Rights to the Content may be possessed by our Company or third parties. Unauthorized use of the Content may infringe on copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as allowed under this Agreement. No other use is allowed without prior written consent from our Company. You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited.
If you infringe on any part of this Agreement, your permission to access and use the Content on the Website and Mobile App automatically terminates and you must immediately destroy any copies you have made of the Content.
Our trademarks, service marks, and logos used and displayed on the Sites are our registered and unregistered trademarks and service marks. Other company, product, and service names located on the Website and Mobile App may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”). Nothing on the Website and Mobile Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the trademarks, service marks, logos and other content without our prior written permission specific for each such use. None of the Content may be retransmitted without our express, written consent for each and every instance.
You may not access our services by any means other than through interfaces approved by the Company. You may not reverse engineer or otherwise attempt to discover our source code. You may not modify the software in any manner or form or use modified versions of the software. Violations of this policy could subject you and your agents to civil and criminal penalties.
INDEMNIFICATION
You agree to secure, indemnify, and hold harmless the Company, our officers, directors, employees, successors, licensees, and associates from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of your actions or information or content you submit, post, transmit or make available on our Sites and Services, your access and use of our Sites and Services, your connection to our Sites and Services, your violation of our Terms and Conditions, your transmission of other users’ information or content, or your violation of the rights of others. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
MISCELLANEOUS
SEVERABILITY
If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect and enforceable.
TERMINATION
Term. The Services can be cancelled or terminated by us at any time, with or without cause. We will have no liability to you or any third party because of such termination.
Effect of Termination. Upon termination for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data. All sections of the Terms and Conditions that expressly provide for storage of materials, or by their nature need to be stored, will be saved without limitation, indemnification, warranty disclaimers, and limitations of liability.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement.
GOVERNING LAW AND JUDICIAL RECOURSE
The terms herein will be governed by and construed in accordance with the law of United States of America and State of Hawaii without giving effect to any principles or conflicts of law. The courts of the State of Hawaii shall have exclusive jurisdiction over any dispute arising from use of our Sites and Services.
FORCE MAJEURE
We will have no liability to you, your users, or any third party for any failure by us to perform our obligations under these Terms and Conditions in the event that such non-performance arises as a result of the occurrence of an event beyond our reasonable control, including without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.
HOSTING SERVICES
We have entered into arrangements with one or more third parties for hosting services that are essential to the Services incorporated within our Services and without which our Services could not be provided to you.
ASSIGNMENT
The Company shall have the right to assign/transfer its interest to any third party including its holding company, subsidiaries, affiliates, and associates without any consent of the User.
CONTACT INFORMATION
If you have any questions about these Terms and Conditions, please contact us at support@iradius.app
