Last modified: August 11, 2020
AGREEMENT AND SERVICES
You must be at least twenty-one (21) years of age, or of legal drinking age in your country, to create a Rad Bar account or to access or use the Rad Bar Offerings. If you are not of legal drinking age where you live): (1) you may not access or use Rad Bar Offerings, and (2) If you are a parent or legal guardian of a user under the age of eighteen (18), you agree to be fully responsible for the acts or omissions of such user in relation to any Rad Bar Offering.
If you create a Rad Bar account within any Rad Bar Offering, you must provide truthful and accurate information to us in creating such account and promptly update this information if it changes. If Rad Bar has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, Rad Bar may suspend or terminate your ability to use or access a Rad Bar Offering, and refuse any and all current or future use of or access to any or all Rad Bar Offerings (or any portion thereof).
When you access a Rad Bar Offering, send e-mails or electronically chat with Rad Bar, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices in the Rad Bar Offerings. You agree that all agreements, notices, disclosures and other communications that Rad Bar provides to you electronically satisfy any legal requirement that such communications be in writing.
Certain Rad Bar Offerings may provide you with the opportunity to license a variety of virtual items such as virtual currency, virtual goods, additional levels and content packs ("virtual items") that can be used while playing the Rad Bar Offering. You may be required to pay a fee to obtain virtual items. When you use virtual items within a Rad Bar Offering, any virtual items that you have purchased will be deemed used before any virtual items that you have earned.
You have no property interest in any virtual items. Any purchase of virtual items, and virtual items accumulated through any applicable Rad Bar Offering membership benefits, are purchases of a limited, non-transferable, revocable license to use those virtual items within the applicable Rad Bar Offering. Virtual items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual Items may not be purchased or sold from any individual or other company via cash, barter or any other transaction. Virtual items have no monetary value, and cannot be used to purchase or use products or services other than within the applicable Rad Bar Offering. Virtual items cannot be refunded or exchanged for cash or any other tangible value.
Rad Bar may manage, regulate, control, modify or eliminate your virtual items in our sole discretion, and Rad Bar will have no liability to you or anyone for exercising those rights. In addition, all virtual items are unconditionally forfeited if your Rad Bar Offering account is terminated or suspended for any reason, in Rad Bar's sole discretion, or if Rad Bar discontinues any Rad Bar Offering or any portion or feature of any Rad Bar Offering.
If Rad Bar has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, Rad Bar may suspend or terminate your ability to use or access Games.
REVIEWS, COMMUNICATIONS AND SUBMISSIONS
Inappropriate, obscene, defamatory, offensive language, crude or explicit sexual content, discussions of any matters which are explicitly or by inference illegal in any way, discussions of illegal or any other drugs, and racially and ethnically offensive speech are examples of unsuitable content that are not permitted within the Rad Bar Offerings. Content standards may vary depending on where you are within a Rad Bar Offering and the expectations of the relevant game community. Some game play may involve use of stronger language than others, including mild expletives. You must always use good, respectful, and conservative judgment in interacting as part of any game play, and submitting any content, such as a review or post to any forums or message boards, within a Rad Bar Offering.
We expressly reserve the right, but have no obligation, to: (a) monitor any communications within the Rad Bar Offerings, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. Rad Bar does not endorse, approve, or prescreen any content that you or other users post or communicate on or through any Rad Bar Offerings. Rad Bar does not assume any responsibility or liability for any content that is generated, posted or communicated by any user on or through the Rad Bar Offerings. You agree to indemnify Rad Bar and each of their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate on or through the Rad Bar Offerings.
Posting, transmitting, promoting, or distributing any content that is illegal
Harassing or threatening any other user of a Rad Bar Offering or any employee or contractor of Rad Bar
Impersonating another person, indicating that you are a Rad Bar employee or a representative of Rad Bar (if you are not), or attempting to mislead users by indicating that you represent Rad Bar in any way
Attempting to obtain a password, other account information, or other private information from any other user of a Rad Bar Offering
Uploading any software, files, photos, images or any other content to a Rad Bar Offering that you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data, or any other malicious or invasive code or program
Posting messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, soliciting funds, mass mailings and sending "spam", or making any commercial use of any Rad Bar Offering
Disrupting the normal flow of dialogue, or otherwise acting in a manner that negatively affects or disrupts other users.
Improperly using any game support functions or complaint buttons, or making false complaints or other reports to Rad Bar representatives.
Posting or communicating any player's real-world personal information within a Rad Bar Offering or by or through a Rad Bar Offering or any related bulletin board.
Uploading or transmitting, or attempting to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, gifs, 1x1 pixels, web bugs, and other similar devices.
Using or launching any automated system, including, without limitation, any spider, bot, cheat utility, scraper or offline reader that accesses a Rad Bar Offering, or using or launching any unauthorized script or other software.
Using a false e-mail address or otherwise disguising the source of any content that you submit within a Rad Bar Offering, or using tools which anonymize your internet protocol address.
Interfering or circumventing any Rad Bar Offering security feature or any feature that restricts or enforces limitations on use of or access to a Rad Bar Offering.
Attempting to sell any part of a Rad Bar Offering, including, without limitation, any virtual items (if applicable), Rad Bar accounts and access to them in exchange for real currency or items of monetary or other value.
Engaging in cheating or any other activity that Rad Bar deems to be in conflict with the spirit of a Rad Bar Offering.
Public Nature of Communications
You acknowledge and agree that your submitted content, including your reviews and your communications with other users via online messaging, private messaging, forums or bulletin boards, and any other similar types of communications and submissions on or through any Rad Bar Offering, are non-confidential, public communications, and you have no expectation of privacy concerning your use of or participation in any Rad Bar Offerings (other than with respect to the registration information you provide to us in establishing your Rad Bar account(s), if applicable). You acknowledge that personal information that you communicate publicly within any Rad Bar Offering may be seen and used by others and may result in unsolicited communications. Rad Bar is not liable for any information that you choose to submit or communicate to other users on or through any Rad Bar Offerings, or for the actions of any other users of any Rad Bar Offering.
You represent and warrant that you have all necessary rights in and to any materials that you post within any Rad Bar Offering, that such materials and Rad Bar’s use and redistribution thereof as contemplated by the Rad Bar Offerings do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity. You agree to indemnify Rad Bar and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers for all claims resulting from your submitted and posted content. If any such materials incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant Rad Bar unrestricted permission to use any such name, voice, likeness and/or image of such individual appearing in the materials you post throughout the world in perpetuity. Once you post or communicate any content or materials on or through a Rad Bar Offering, you expressly grant Rad Bar the complete, worldwide, fully sublicensable, perpetual, and irrevocable right to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast such content or materials, including without limitation the name you submit in connection with such content or materials, in any form, with or without attribution to you, and without any notice or compensation to you of any kind. We reserve the right to immediately remove any content that may be considered, in our sole discretion, in violation of the rights of any third party.
Commercial Activity and Unsolicited E-mail
You may not use any portion of the Rad Bar Offerings to collect information, including login names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any Rad Bar Offerings, or otherwise exploit your participation on or through any Rad Bar Offerings for any commercial purpose.
When you post a review, we will display your rating of the Rad Bar Offering, along with your user name and certain other information you may provide. By submitting a review, you are consenting to the release of all information that you provide in that review to a public forum. If you do not want any such information to be shared in a public forum, do not use the review feature.
Rad Bar SOFTWARE
SOCIAL NETWORK SITES
If you access a Rad Bar Offering via a third party social networking site (a "Social Game"), you acknowledge that you are aware that Social Games are only available to individuals who have registered with the social networking site through which s/he accesses Social Games. You agree that your social networking site account information is accurate, current and complete. Social networking sites are “third party content and services” as described in the following paragraph.
THIRD PARTY LINKS AND THIRD PARTY CONTENT AND SERVICES
Any and all software, content and services (including advertising) within a Rad Bar Offering that are not owned by Rad Bar are "third party content and services." Rad Bar acts merely as an intermediary service provider of, and accepts no responsibility or liability for, third party content and services. In addition and without limiting the generality of the foregoing, certain Rad Bar Offerings may include links to sites, such as social networking sites, operated by third parties, including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Rad Bar does not control such sites, and you agree that Rad Bar is not responsible for their content, policies, or collection, use or disclosure of any information those sites may collect.
TERMINATION OF ANY Rad Bar ACCOUNT
INTELLECTUAL PROPERTY RIGHTS
Except for the limited license to use the Rad Bar Offerings expressly granted hereunder, Rad Bar retains all right, title, and interest in and to the Rad Bar Offerings, including any accompanying content and all intellectual property rights therein and thereto.
Rad Bar, LLC and the names and logos, product or service names, slogans and the look and feel of the Rad Bar Offerings constitute trademarks or trade dress of Rad Bar and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Rad Bar Offerings are the property of their respective owners, who may or may not be affiliated with or connected to Rad Bar.
If you choose to provide to Rad Bar any ideas, suggestions, or other feedback regarding any Rad Bar Offerings, or any proposed software or offerings (collectively “Feedback”), you grant to Rad Bar a perpetual, irrevocable, non-exclusive, worldwide, fully sub-licensable, royalty-free right and license to use and exploit such Feedback without restriction, including in connection with any Rad Bar Offerings, or other products or services of Rad Bar.
LIMITATIONS ON WARRANTIES AND LIABILITY
YOU EXPRESSLY AGREE THAT THE USE OF ANY Rad Bar OFFERING, Rad Bar SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. ALL Rad Bar OFFERINGS AND Rad Bar SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Rad Bar DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE Rad Bar OFFERINGS OR Rad Bar SOFTWARE AT ANY PARTICULAR TIMES OR LOCATIONS.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Rad Bar IS TO STOP USING THE Rad Bar OFFERINGS AND Rad Bar SOFTWARE, AND TO CANCEL ANY AND ALL OF YOUR Rad Bar ACCOUNTS, IF APPLICABLE. YOU ACKNOWLEDGE AND AGREE THAT Rad Bar IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART, OR FOR ANY CONDUCT OF, OR COMMUNICATION OR CONTENT POSTED WITHIN A Rad Bar OFFERING BY, ANY Rad Bar OFFERING USER. IN NO EVENT SHALL Rad Bar'S OR ITS EMPLOYEES', CONTRACTORS', OFFICERS', DIRECTORS' OR SHAREHOLDERS' LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO Rad Bar FOR YOUR PARTICIPATION IN ANY Rad Bar OFFERING. IN NO CASE SHALL Rad Bar OR ITS EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY Rad Bar OFFERING OR Rad Bar SOFTWARE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SUCH LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT Rad Bar IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD Rad Bar LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF Rad Bar OFFERINGS AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING Rad Bar OFFERINGS AND Rad Bar SOFTWARE, SOCIAL NETWORKING SITES AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.
Rad Bar reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order was submitted and accepted) in any order, price, advertisement, promotion or giveaway.
PROCESSING CREDIT AND DEBIT CARD PAYMENTS
EXPORT CONTROL LAWS
Certain Rad Bar Offerings may be subject to United States and international export controls. By accessing Rad Bar Offerings, you warrant that you are not located in any country, or exporting any Rad Bar Offerings, to any person or place to which the United States, European Union or any other jurisdiction has embargoed goods. You agree to abide by all applicable export control laws and further agree not to transfer or upload, by any means electronic or otherwise, any Rad Bar Offerings that may be subject to restrictions under such laws to a national destination prohibited by such laws without obtaining and complying with any required governmental authorizations.
OTHER LEGAL TERMS
APPLICABLE LAW, JURISDICTION, AND VENUE
STATUTE OF LIMITATIONS
Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
Rad Bar, LLC
Attn: Legal Department
50 Woodside Road, #737
Redwood City, CA 98104