Thank you for your interest in PingMe, owned and operated by RadiumOne, Inc. ("RadiumOne"). RadiumOne owns and operates a web site located at www.pingme.net (the "Site"), and also provides software applications for smartphones and other mobile platforms that enable users to stay connected with other users in real-time (the "Apps") (the Site and Apps are collectively referred to as the "Service").
2. Additional Policies. The Terms consist of the terms and conditions on this page, as well as the terms included in the following additional policies which are hereby incorporated into these Terms by reference. Capitalized words and terms that are used, but not defined, in this document or in a particular policy may be defined elsewhere in the Terms. Please read these Terms (including the additional policies) carefully, as they govern your use of the Service.
(b) End User License Agreement. Use of the Apps is subject to our End User License Agreement, which is available here.
(c) Intellectual Property Policy. RadiumOne respects the intellectual property rights of others, and strictly prohibits infringing activity on the Service. Our Intellectual Property Policy, which describes the steps RadiumOne takes to address claims of such activity, is available here.
(d) Idea Submissions Policy. Your feedback is important to us. Our Idea Submissions Policy, which describes the terms on which we accept submissions, is available here.
3. Accessing the Service.
(a) Eligibility. You must be an individual at least 13 years old to use the Service. By using the Apps or other features of the Service, you represent that you are at least 13 years old and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, to abide by and comply with these Terms, and that you are accepting the benefit of the Service.
(b) Access. RadiumOne grants you permission to access and use the Service as set forth in these Terms and consistent with the intended features of the Service, provided that: (i) you use the Service solely for your personal, private, noncommercial purposes; (ii) you do not reproduce, modify, publicly display, publicly perform, or distribute any part of the Service, including any materials obtained from or included within the Service; and (iii) you do not engage in any of the prohibited uses described below.
4. Proprietary Rights Notice. The Service is owned and operated by RadiumOne. The content, visual interfaces, multimedia content (including musical works and sound recordings), features, information, graphics, design, compilation, computer code, software, products, and all other elements of the Site and the Apps provided by RadiumOne ("RadiumOne Materials") are the valuable proprietary and intellectual property of RadiumOne or its licensors. RadiumOne Materials are protected by applicable international, federal, and state laws, rules, and regulations relating to intellectual or proprietary property, including, but not limited to, patent, copyright, trademark and trade secret laws. You agree not to reproduce, distribute, display, revise, create derivatives of, copy, publish, sell, license, or edit any such content, information or software. Any attempt to download, print, publish or maintain a significant portion of the content, information, or software from the Service in violation of these Terms or any applicable license, to distribute copies of such content, information or software, including any Apps, or to otherwise exploit the content, information or software in violation of the intellectual property or proprietary rights of others is strictly prohibited by these Terms. Without limiting the generality of the foregoing, the Service includes certain components that are downloaded when you access the Service, including certain third party software ("Third Party Software") provided under separate license terms (the "Third Party Terms"), as described in more detail in our notice file, available here. Your use of the Third Party Software in conjunction with the Service in a manner consistent with these Terms is permitted, however, you may have broader rights under the applicable Third Party Terms and nothing in these Terms is intended to impose further restrictions on your use of the Third Party Software.
5. Prohibited Use of the Service. You agree not to use the Service or any aspect or feature thereof for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the proceeding sentence, you agree that you will not, do or attempt to:
(a) Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Site, Apps, RadiumOne Materials or User Postings (as defined in the Intellectual Property Policy), or any other part thereof, except and solely to the extent permitted by law, or otherwise attempt to use or access any of the Service other than as intended;
(b) Reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any part of the Service, use of the Service, access to the Service, or content obtained through the Service (including without limitation RadiumOne Materials and User Postings), for any purpose other than for your personal, noncommercial purposes, except and solely to the extent permitted by these Terms;
(c) Access or use the Apps for any commercial or business purpose, including without limitation for comparative or competitive research purposes;
(d) Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of any part of the Service, or features that enforce limitations on the use of the Service or any content therein;
(e) Use any robot, spider, scraper, or other automated means of any kind to access the Service, except and solely to the extent permitted by these Terms and the features of the Service, deep-link to any feature or content on the Service, frame or otherwise enclose any RadiumOne trademark or any portion of the Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service;
(f) Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(g) Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information;
(h) Create a false identity or impersonate another for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to, providing misleading information to any feedback system employed through the Service;
(i) Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
(j) Interfere with or disrupt the Service, networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers;
(k) Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including by incorporating any such material in your User Postings;
(l) Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation (commercial or otherwise); or
(m) Use the Site in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations.
7. Responsibility for Account Activity. Your account is personal to you, and you may not allow any third party to access your account. As you will be responsible for all activity that occurs under your account, you should preserve the confidentiality of your username and password, and any device that you use to access the Service. If you have any reason to believe that your account has been compromised or accessed by a third party, you agree to immediately notify RadiumOne by e-mail to firstname.lastname@example.org. You are solely responsible for losses incurred by RadiumOne and others (including other users) due to any unauthorized use of your account that occur prior to notifying RadiumOne that your account was compromised.
9. Third Party Content and Links. The Service may contain references or links to third-party materials and services (including, without limitation, web sites from third parties) not controlled by RadiumOne or its suppliers or licensors. RadiumOne provides such information and links as a convenience to you and should not be considered endorsements of such sites or any content, products or information offered on such sites. You acknowledge and agree that RadiumOne is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked from the Service. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and such advertiser. YOU AGREE THAT RADIUMONE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE. When you leave the Service, these Terms no longer govern. You should review applicable terms and policies, including any relevant privacy policies, associated with any third party web sites, software, or services you utilize.
10. User Disagreements. Your use of the Service may bring you into contact with other users, and their User Postings, such as through messaging or communicating with other users using the Service. You are solely responsible for your involvement with other users. If you have a dispute with one or more Users, you release RadiumOne (and RadiumOne's officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (including, but not limited to, actual, special, consequential and punitive) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
(a) By RadiumOne. RadiumOne, in its sole discretion and for any reason or no reason, may terminate any user or user account (or any part thereof) you may have on the Service, disable your access to the Service (or any part thereof), discontinue the Service and any related services including support (or any part thereof), or terminate any license or permission granted to you hereunder, at any time, with or without notice. You agree that RadiumOne shall not be liable to you or any third-party for any such termination. RadiumOne does not permit unlawful, infringing, fraudulent, or otherwise illegitimate activities on the Service, and reserves the right to terminate access to the Service, or halt, suspend, or terminate prizes (whether proposed, pending or past) in cases of actual or suspected fraud, or violations of these Terms or other laws or regulations. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. RadiumOne will not have any responsibility to deliver or allow you access to any of your User Postings or other information you may have stored with RadiumOne in connection with your use of the Service. These remedies are in addition to any other remedies RadiumOne may have at law or in equity.
(b) By You. If you are dissatisfied with the Service, then please let us know by e-mailing us at email@example.com. Your only remedy with respect to any dissatisfaction with (i) the Service, (ii) any of these Terms, (iii) any policy or practice of RadiumOne in operating the Service, or (iv) any content or information transmitted or made available through the Service, is to terminate your use of the Service. You may terminate your use by closing your account, discontinuing your use of any and all parts of the Service, or providing RadiumOne with notice of termination at firstname.lastname@example.org.
(c) Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 2, 4, and 9 through 19, and the Intellectual Property Policy.
12. Confidential Information. Certain content, information or software you access through the Service may contain confidential information of RadiumOne. You agree to keep RadiumOne's information confidential by exercising the necessary care required to prevent its disclosure. Notwithstanding the above, you will not disclose, divulge, distribute, publish, transmit or transfer RadiumOne's information to any third party or use RadiumOne's information for any purpose whatsoever other than as expressly authorized by these Terms. Your obligations with respect to RadiumOne's confidential information, whether or not deemed trade secret under applicable law, remain in effect until such time as the particular information becomes publicly known through no action by you.
13. Indemnity. You agree to indemnify and hold harmless RadiumOne and its affiliates, licensors, and suppliers, and their respective directors, officers, employees, agents, representatives, and contractors, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to (i) your use or misuse of the Service; (ii) your User Postings; (iii) your breach or other violation of these Terms including any representations, warranties and covenants herein; (iv) your violation of the rights of any other person or entity, including, but not limited to, claims that any User Postings infringes or violates any third party intellectual property rights. RadiumOne reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You may not settle any matter that you are required to indemnify RadiumOne for without the prior written consent from RadiumOne. RadiumOne will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
14. Disclaimers. THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE SITE, THE APPS, ANY CONTENT, OR ANY OTHER SERVICE OR INFORMATION PROVIDED BY RADIUMONE), USER POSTINGS AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RADIUMONE AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RADIUMONE AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY APPS AND USER POSTINGS, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, SOFTWARE, CONTENT, OR DATA THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM, HANDSET, OR ANY OTHER DEVICE OR PERIPHERAL USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. YOU UNDERSTAND AND AGREE THAT USE OF THE APPS, INCLUDING OVERUSE, IMPROPER USE, USE WHILE DRIVING OR OPERATING OTHER MACHINERY OR ENGAGING IN OTHER ACTIVITIES, OR FAILURE TO BE AWARE OF YOUR SURROUNDINGS OR KEEP A FIRM GRIP ON ANY HANDHELD DEVICE YOU USE TO ACCESS THE APPS, COULD RESULT IN HARM OR INJURY TO YOURSELF OR OTHERS AND DAMAGE TO SUCH DEVICE, OR TO OTHER PROPERTY, AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY SUCH HARM, INJURY, OR DAMAGE. RADIUMONE MAKES NO REPRESENTATIONS OR WARRANTIES, IMPLICIT OR EXPLICIT, AS TO YOUR LEGAL RIGHT TO PARTICIPATE IN ANY CONTEST OFFERED ON OR IN CONNECTION WITH THE SERVICE, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH RADIUMONE HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.
15. Limitation of Liability. IN NO EVENT WILL RADIUMONE OR ITS OFFICERS, DIRECTORS, LICENSORS OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE SERVICE OR ITS CONTENT, INCLUDING USER POSTINGS, OR ANY OTHER LINKED WEB SITE, APPLICATION, OR OTHER SERVICE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF RADIUMONE OR ITS LICENSORS OR SUPPLIERS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL RADIUMONE OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY WHICH EXCEED THE GREATER OF THE AMOUNT OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF FEES YOU HAVE PAID RADIUMONE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
16. Limitations; Basis of the Bargain. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND RADIUMONE, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND RADIUMONE, RADIUMONE'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT RADIUMONE WOULD NOT BE ABLE TO OFFER THE SERVICE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
17. Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against RadiumOne must be resolved by a court located in San Francisco, CA, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within San Francisco, CA for the purpose of litigating all such claims or disputes.
18. Notices. RadiumOne may provide you with notices by electronic mail, regular mail or postings on the Service. If Notice is provided by electronic mail, notice will be deemed given twenty-four hours after electronic mail is sent, unless RadiumOne is notified that the electronic mail address is invalid. If notice is provided by posting through the Service, then notice will be deemed given upon such posting. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Service. In such case, notice will be deemed given three days after the date of mailing.
19. Miscellaneous. This is the entire agreement between you and RadiumOne relating to the subject matter herein, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between you and RadiumOne with respect to said subject matter. These Terms shall not be modified or waived except in a writing signed by both parties, or by a change to these Terms as provided in the Section 8 ("Modification of the Terms"), above. In the event any of the provisions of these Terms are held unenforceable or invalid by a court of competent jurisdiction, such provisions shall be deemed severed, and the remaining provisions thereof shall remain in full force and effect. The failure of RadiumOne to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the prior or future performance of any such terms or conditions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and RadiumOne as a result of these Terms or use of the Service. You further acknowledge that by submitting User Postings, no confidential, fiduciary, contractually implied, or other relationship is created between you and RadiumOne other than pursuant to these Terms. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RadiumOne without restriction, including by operation of law, reorganization, reincorporation, merger, or sale of all or substantially all of the assets to which this agreement pertains. Any assignment attempted to be made in violation of these Terms shall be void. The headings and captions in this Agreement are used for convenience only and are not to be considered in interpreting this Agreement.
The services hereunder are offered by:
If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your electronic mail address and a request for this information.
LAST MODIFIED: November 14, 2012
Your privacy is very important to us, and we are not in the business of selling your personal information. We do, however, disclose your personal information in a variety of circumstances, such as the following:
You may, of course, decline to share certain personally identifiable information with us, in which case we may not be able to provide to you some of the features and functionality found on the Service. You may update, correct, or delete your profile information and preferences at any time by accessing the Service's "Profile" and "Settings" tabs. Please note that while your changes may be reflected promptly in active user databases, we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics.
To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information. You are responsible for maintaining the secrecy of your unique password and account information at all times.
The Service contains links to Web sites and services provided by third parties. Any personally identifiable information you provide on third party sites or services is provided directly to that third party and is subject to that third party's policies governing privacy and security. We are not responsible for the content or privacy and security practices and policies of third party sites or services to which links are displayed on the Service. We encourage you to learn about third parties' privacy and security policies before providing them with personally identifiable information.
Protecting the privacy of young children is especially important. For that reason, we does not knowingly collect or maintain personally identifiable information from persons under 13 years-of-age, and no part of the Service is directed to persons under 13. If you are under 13 years of age, then please do not use or access THE SERVICE at any time or in any manner. If RadiumOne learns that personally identifiable information of children under the age of 13 has been collected on the Service without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under the age of 13 has obtained an account on the Service, then you may alert us at email@example.com and request that we delete that child's personal information from its systems.
We use commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to us, and you do so at your own risk. Once we receive your transmission of information, we make commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the Service if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at firstname.lastname@example.org.
The Service is hosted in the United States and is intended solely for visitors located within the United States. If you nonetheless choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personally identifiable information outside of those regions to the United States and by providing your personally identifiable information on the Service you consent to that transfer.
In the event that all or a portion of RadiumOne or its assets is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from users in connection with such merger, reorganization, recapitalization, acquisition, sale, or other change of control.
LAST MODIFIED: November 14, 2012
This Intellectual Property Policy is incorporated into, and made a part of, the PingMe Terms of Service ("Terms"), and capitalized terms used and not defined in this policy have the meaning given to them in the Terms.
General. The Service provides features for you and other users to submit, post, and share content such as text, images, messages, commentary or any other content ("User Postings").
Interaction with In-Service Elements. You do not acquire any ownership rights to any RadiumOne Materials (or derivatives thereof) by using the Service or by submitting any User Postings. You agree and acknowledge that all materials you encounter or interact with through your use of the Service, including, without limitation, all communications, messages, texts, and images, are the sole and exclusive property of RadiumOne or its licensors. You acknowledge that RadiumOne (and/or its affiliates, publishing partners, distributors, licensors and licensees) may use any and all such materials (and derivatives thereof) for any purpose, including for commercial or promotional use, and you hereby release RadiumOne from any and all claims you may have related in any way to the foregoing.
Access and Responsibility. While RadiumOne may provide certain tools to aid you in controlling access by others to your User Postings, RadiumOne cannot guarantee any anonymity or confidentiality with respect to any User Postings, and strongly recommends that you think carefully about what you submit to the Service. You understand that all User Postings is the sole responsibility of the person who generated such User Postings. This means that you, and not RadiumOne, are entirely responsible for User Postings that you make available through the Service.
No Obligation to Publish. RadiumOne makes no representations that it will publish or make available any User Postings on the Service, and reserves the right, in its sole discretion, to reject or remove any User Postings at any time with or without notice. Without limiting the generality of the preceding sentence, RadiumOne complies with the Digital Millennium Copyright Act, and will remove User Postings upon receipt of a compliant takedown notice (see the "Digital Millennium Copyright Act", below).
License Grant by You to RadiumOne. You retain all of your ownership rights in original aspects to your User Postings. By providing User Postings to RadiumOne you hereby grant RadiumOne and its affiliates, sublicensees, partners, designees, and assignees of the Service (collectively, the "RadiumOne Licensees") a non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, transferable, worldwide license to use, reproduce, distribute, modify, adapt, publicly display, publicly perform, and otherwise exploit your User Postings and derivatives thereof in connection with the Service and RadiumOne's (and its successors') business, including, without limitation, for marketing, promoting, and redistributing part or all of the Service (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.
Additional License Grants. You grant the RadiumOne Licensees the right to use your name and/or likeness and/or any name and/or likeness that you submit in connection with your User Postings if RadiumOne should choose, without compensation or need for your prior approval, or to exercise any of the rights licensed by you hereunder, in connection with a fictional name or persona or without any attribution at all. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Postings.
User Postings Representations and Warranties. You are solely responsible for your own User Postings and the consequences of posting or publishing it. In connection with User Postings, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize RadiumOne to use all patent, trademark, copyright, or other proprietary rights in and to any and all User Postings to enable the use of User Postings in the manner contemplated by these Terms, and to grant the rights and license set forth above, and (ii) your User Postings, RadiumOne's or any RadiumOne Licensees' use of such User Postings pursuant to these Terms, and RadiumOne's or any RadiumOne Licensees' exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (c) violate any applicable law or regulation; or (d) require obtaining a license from or paying royalties to any third party for the exercise of any rights granted in these Terms.
User Postings Prohibited Uses. In connection with your User Postings, you further agree that you will not: (i) publish falsehoods or misrepresentations that could damage RadiumOne or any third party; (ii) use any copyrighted content owned or controlled by a third party without obtaining the necessary permissions, licenses and authorizations for the use of such third-party content; (iii) submit material that is unlawful, defamatory, libelous, slanderous, threatening, pornographic, obscene, vulgar, harassing, harmful, hateful, abusive, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (vi) post User Postings that would be harmful to minors in any manner; or (vii) reproduce, distribute, publicly display, publicly perform, adapt, or otherwise publish or cause to be published any User Postings except as permitted by these Terms and the features of the Service.
Content Disclaimer. YOU UNDERSTAND THAT WHEN USING THE SERVICE, YOU WILL BE EXPOSED TO USER POSTINGS FROM A VARIETY OF SOURCES, AND THAT RADIUMONE IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER POSTINGS. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO USER POSTINGS THAT ARE INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST RADIUMONE WITH RESPECT THERETO. RADIUMONE DOES NOT ENDORSE ANY USER POSTINGS OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN. UNDER NO CIRCUMSTANCES WILL RADIUMONE BE LIABLE IN ANY WAY FOR OR IN CONNECTION WITH ANY USER POSTINGS.
Monitoring User Postings; Removal of Content. RadiumOne does not control User Postings and does not have any obligation to monitor such User Postings for any purpose. RadiumOne may choose, in its sole discretion, to monitor, review, or otherwise access some or all User Postings, but by doing so RadiumOne nonetheless assumes no responsibility for the User Postings, no obligation to modify or remove any inappropriate User Postings, or to monitor, review, or otherwise access other User Postings, and RadiumOne assumes no responsibility for the conduct of the User submitting any User Postings. You acknowledge that RadiumOne may or may not pre-screen User Postings, but that RadiumOne and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Postings that is available via the Service. Without limiting the foregoing, RadiumOne and its designees may, at any time and without prior notice, remove any User Postings that in the sole judgment of RadiumOne violates these Terms or is otherwise objectionable, or for any other reason, with or without notice and with no liability of any kind. You agree that you must evaluate, and bear all risks associated with the use of any User Postings or other Content, including any reliance on the accuracy, completeness, usefulness or legality of such User Postings. You should exercise good judgment before downloading any other User Postings.
SMS Shortcode Messages. In the future, RadiumOne may send an SMS shortcode message to new users to confirm that they wish to sign up for the PingMe service. The following provides more details about these SMS shortcode messages.
Please note that content is not available on all carriers. Supported carriers include T-Mobile®, Verizon Wireless, AT&T, Sprint, Nextel, Boost, U.S. Cellular®, MetroPCS, and Cricket.
DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
General. RadiumOne respects the rights of copyright owners and expects its users to do the same. Therefore, as required by the Terms, infringing content may not be submitted to the Service or used in, whole or in part, in any User Postings.
User Postings. It is RadiumOne's policy that if a user uploads User Postings that contains any copyrighted work, then that user must be the owner of such works or have all required rights, licenses, consents, and permissions to use such works on the Service and also grant the rights to any third parties, including RadiumOne and any other users, contained in these Terms. Violation of this requirement may be grounds for removal of the User Postings, termination of the user's account, and any other remedy RadiumOne may have against the user.
Copyright Owner Rights. If you are a copyright owner or an agent thereof, and you believe any content submitted to and hosted on the Service infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing RadiumOne's Designated Copyright Agent with the following information in writing:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works on the Service;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit RadiumOne to locate the material;
(iv) information reasonably sufficient to permit RadiumOne to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is/are allegedly infringed by the aforementioned content.").
Please consult your legal counsel (or see 17 U.S.C. § 512) to confirm these requirements and your compliance therewith. It is RadiumOne's policy to respond to notices of alleged infringement that comply with the DMCA. In addition, RadiumOne will promptly terminate without notice the accounts of Users that are determined by RadiumOne to be "repeat infringers." If RadiumOne receives more than three takedown notices regarding User Postings, then that user will be considered a repeat infringer and their account will be terminated.
Designated Agent. For notifications and counter-notifications of claimed infringement, RadiumOne's Designated Copyright Agent can be reached by email at email@example.com or by postal mail at the following address:
ATTENTION: Copyright Agent
55 Second Street
San Francisco, CA 94105
For clarity, only DMCA notices should go to the Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to PingMe customer service through firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
LAST MODIFIED: November 14, 2012
2. Purpose of the Policy. This policy is established to avoid potential misunderstandings or disputes in the future in the event that RadiumOne products, services, or marketing strategies appear similar to ideas or materials submitted to RadiumOne by others.
3. Submissions. RadiumOne is fortunate to have a vibrant and active user community that shares our passion for innovation, and our drive to constantly improve the Service. While our own staff is continually working to develop and evaluate our own product and service ideas, we pride ourselves on paying close attention to the feedback, comments, and suggestions we receive from the community at large. If you choose to contribute by sending RadiumOne or our employees any ideas for games, features, modifications, enhancements, refinements, products, technologies, content offerings, promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, computer code, or other materials ("Submissions"), then regardless of what your accompanying communication says, the following terms shall apply.
4. Terms of Submission. By sending Submissions to RadiumOne, you agree that:
a. RadiumOne has no obligation to review, consider, or implement your Submission, or to return to you all or part of any Submission for any reason;
b. Submissions are non-confidential, and RadiumOne is not under any obligation to keep Submissions you send confidential;
c. You irrevocably grant RadiumOne and its successors and assigns an unrestricted, sublicensable license to use, reproduce, modify, and distribute Submissions for any purpose, including by making, using, selling, and importing commercial products and services which incorporate or embody Submissions in whole or in part, free of charge and without attribution of any kind; and
d. RadiumOne may transfer or assign this policy and the rights you grant to RadiumOne hereunder without restriction.
LAST MODIFIED: November 14, 2012