Terms of Use

Last modified: August 11, 2020

AGREEMENT AND SERVICES

By clicking “Accept” or otherwise accessing or using any Rad Bar Offering, you agree to be bound by these Terms of Use and all terms incorporated herein by reference. If you do not agree to these Terms of Use in their entirety, you may not use any Rad Bar Offerings.

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.

Rad Bar, LLC and/or its Affiliates provide access to the Rad Bar Offerings subject to the conditions set forth in these Terms of Use. For purposes of these Terms of Use, the term "Affiliates" means, with respect to any party, any person or entity which controls, is controlled by, or is under common control with, such party, and the term "Rad Bar Offerings" means the web sites of Rad Bar, including www.tastytasting.com, any other sites on which these Terms of Use are posted, and any other Rad Bar application, service or product licensed, downloaded or otherwise accessed by you through third party sites or sources, including the products and services available through any of the foregoing, including without limitation the Rad Bar Software (as defined herein).

These Terms of Use are entered into between you and Rad Bar, LLC The term “Rad Bar” means Rad Bar, LLC

Without limiting the foregoing, each of your Rad Bar Offering account(s) (each a "Rad Bar account"), if applicable, and participation in any Rad Bar Offerings are governed by these Terms of Use. The Rad Bar Offerings are always evolving, so it is important that you periodically check these Terms of Use, as well as the specific rules for any games or activities in which you choose to participate, for updates. Rad Bar reserves the right to change or modify these Terms of Use at any time and in our sole discretion. If Rad Bar makes changes to these Terms of Use, we will use commercially reasonable efforts to notify you of such changes, such as (by way of example only) by providing notice through the Rad Bar Offerings or updating the "Last Modified" date at the top of these Terms of Use. If we revise these Terms of Use, such revision(s) will take effect immediately such upon posting of such notice. Your continued access or use of any Rad Bar Offering after such posting constitutes your acceptance of the revised Terms of Use. We encourage you to frequently review these Terms of Use to ensure that you understand the terms and conditions that apply to your use of the Rad Bar Offerings. If you do not agree to any revision we make to these Terms of Use, you must immediately discontinue using and participating in any and all Rad Bar Software and Rad Bar Offerings. If there is a conflict between these Terms of Use and any other rules or instructions posted within a Rad Bar Offering, these Terms of Use will control.

ACCOUNT REGISTRATION

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).

You are solely responsible for all activity on any and all of your Rad Bar account(s) and for the security of your computer system. You must not reveal your username or password to any other person. Rad Bar will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. You agree to indemnify and hold Rad Bar and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers harmless for any improper or illegal use of any of your Rad Bar account(s). This includes illegal or improper use by someone to whom you have given permission to use your Rad Bar account(s) or whom you have negligently allowed to access your Rad Bar account(s). Rad Bar reserves the right to terminate your Rad Bar account(s) if any activity that occurs with respect to such account(s) violates these Terms of Use.

ELECTRONIC COMMUNICATIONS

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.

VIRTUAL ITEMS

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.

Rad Bar has no liability for hacking or loss of your virtual items. Rad Bar has no obligation to, and will not, reimburse you for any virtual items lost due to your violation of these Terms of Use. Price and availability of virtual items are subject to change without notice.

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

Generally

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.

Without limiting the generality of these policies and standards, the following actions are examples of behavior that violate these Terms of Use and may result in any or all of your Rad Bar account(s) being immediately suspended or terminated:

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.

Customer Reviews

You may submit reviews of certain Rad Bar Offerings. Use of the reviews feature is for your personal, non-commercial use and is at your own option and risk, and you must comply with the policies set forth in these Terms of Use.

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

We may require that you download certain software from Rad Bar, its principals or its licensors onto your computer or mobile device (such software and any associated media or documentation, "Rad Bar Software"). The Rad Bar Software and other Rad Bar Offerings are protected by copyright laws and international copyright treaties, as well as other intellectual property rights, and is licensed, not sold. Subject to your compliance with these Terms of Use, Rad Bar grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to install and use the Rad Bar Software on computers or mobile devices owned or controlled by you, solely to participate in the Rad Bar Offerings. The Rad Bar Software is for your personal use, and except as expressly provided above, may not be reproduced, duplicated, copied, resold, distributed, sublicensed, or otherwise used in whole or in part by you for any purpose. You may not modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create derivative works from any of the Rad Bar Software, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

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.

VIOLATION OF THESE TERMS OF USE

If you violate our Terms of Use, Rad Bar reserves the right, in its sole discretion, to immediately terminate your participation in any or all Rad Bar Offerings, including any and all Rad Bar accounts you have established. You acknowledge that Rad Bar is not required to notify you prior to terminating any such account.

TERMINATION OF ANY Rad Bar ACCOUNT

Rad Bar and you each have the right to terminate or cancel any of your Rad Bar account(s), if applicable, at any time for any reason. You understand and agree that cancellation of your Rad Bar account(s) and/or ceasing use of any and all Rad Bar Offerings are your sole right and remedy with respect to any dispute with Rad Bar. This includes, but is not limited to, any dispute arising out of or directly or indirectly related to: (a) any provision contained in or Rad Bar’s enforcement or application of these Terms of Use or any other agreement between you and Rad Bar, (b) the content available on or through the Rad Bar Offerings, or any change in or to such content, (c) your ability to access and/or use any Rad Bar Offerings, or (d) the amount or type of any fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods

Without limiting the foregoing provisions, if you violate these Terms of Use, Rad Bar may issue you a warning regarding the violation, or, in Rad Bar's sole discretion, immediately terminate any and all Rad Bar accounts that you have established with any Rad Bar Offering, with or without notice.

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.

INDEMNIFICATION

Without limiting your other indemnification obligations described herein, You agree to defend, indemnify and hold harmless Rad Bar and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Use for which you are responsible or in connection with your transmission of any content to, on or through any Rad Bar Offering. Without limiting your indemnification obligations described herein, Rad Bar reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

CORRECTIONS

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.

NON-WAIVER

If we do not enforce our rights under these Terms of Use, that does not waive our right to do so later. Any waiver of our rights, including any waiver of any breach or default, must be in a written agreement signed by Rad Bar.

PROCESSING CREDIT AND DEBIT CARD PAYMENTS

Access to the Rad Bar Offerings, or to certain features of the Rad Bar Offerings, may require you to pay fees. All fees are non-refundable, to the fullest extent permitted under applicable law. Rad Bar or its payment processor will charge the payment method you specify at the time of purchase. You authorize Rad Bar or its payment processor to charge all sums as described in these Terms of Use, for the Rad Bar Offerings you select, to that payment method. Fees for the Rad Bar Offerings are processed in the United States, and foreign transaction fees may apply if you are located outside the United States.

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

You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. If any provision of these Terms of Use is found to be illegal or unenforceable, these Terms of Use will be deemed modified to the extent necessary to make them legal and enforceable, and will remain, as modified, in full force and effect. These Terms of Use, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and Rad Bar relating to this subject matter, and cannot be changed or terminated orally.

PRIVACY

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

APPLICABLE LAW, JURISDICTION, AND VENUE

These Terms of Use and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules.

The parties acknowledge that these Terms of Use evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted under these Terms of Use shall be governed by the Federal Arbitration Act (9 U.S.C., §§ 1-16).

You and Rad Bar irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts located in San Mateo County, California, for all disputes arising out of or relating to these Terms of Use, the subject matter of these Terms of Use, or your access to and use of any Rad Bar Offering, that are heard in court (not arbitration).

 

STATUTE OF LIMITATIONS

You and Rad Bar agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Use or a Rad Bar Offering must be filed within (ONE) (1) year after such claim arose; and is thereafter forever barred.

SEVERABILITY

If any part of these Terms of Use is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

CALIFORNIA NOTICE

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.

CONTACT US

Rad Bar, LLC
Attn: Legal Department
50 Woodside Road, #737
Redwood City, CA 98104
USA