RADTRIADS DIGITAL MEDIA HOSTING INC.
Effective Date: July 1, 2020
We reserve the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline pertaining to the Services, at any time and in our sole discretion. We will inform you of any material changes via email and/or a prominent notice on the Site prior to the change coming into effect. Your continued use of the Services following the posting and/or notice of the changes will constitute your acceptance of such changes. We advise you to review the Terms and applicable policies from time to time to understand the terms and conditions that apply to your use of the Services.
The Terms do not alter in any way the terms or conditions of any other agreement you may have with us for our products or services. If you have any question regarding the use of the Services, please direct them to support@RadTriads.com.
- INCORPORATED POLICIES OR TERMS
To use the Services, you will be asked to provide certain registration details or other information and will be required to create a RadTriads account (“Account”). It is a condition of your use of the Services that all the information you provide through the Services and for your Account is correct, current, and complete.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree not to provide any other person with access to the Services using your user name, password or other security information. You agree to notify us immediately at support@RadTriads.com of any unauthorized access to or use of your user name or password or any other breach of security. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Terms.
If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to the Terms and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.
We offer a free account (a “Free Account”) and different levels of paid accounts (each, a “Paid Account”) for your use of the Services depending on the size of storage and bandwidth and the types of services included. Please refer to the terms and conditions of each type of Paid Account posted on the Site. If your Account exceeds the allotted storage you may, within 10 days of the Account exceeding the allotted storage: (a) upgrade to a Paid Account or another type of Paid Account with more storage by selecting the appropriate Paid Account subscription level; (b) reduce the number of images and videos in your library below your Account’s allotted storage; or (c) close your Account. If your Account exceeds the allotted storage for 10 consecutive days, RadTriads may terminate your Account and may permanently delete Your Content (as defined below) upon your request.
- INTELLECTUAL PROPERTY
All RadTriads Content is the property of RadTriads and/or our third party providers and is protected under the intellectual property laws of Canada and other jurisdictions. You may print a copy of the RadTriads Content from your computer only for personal, non-commercial use, provided you do not remove any reference to copyright, trademark, or intellectual property ownership. Any other copying, publication, distribution, display, posting, transmission, transfer or modification of the RadTriads Content in any form or by any means is strictly prohibited unless you have obtained the prior written consent of RadTriads and/or our third party providers.
The term “RadTriads Content” as used in the Terms includes any text, graphics, images, design, trademarks including logos, audio, video, software, data compilations and any other form of information capable of being stored in a computer or other electronic devices and the selection and arrangement of the foregoing that appears on or forms part of this Site which for greater certainty excludes any and all of Your Content (as defined below).
RADTRIADS, the products and services described in this Site, and other indications of origin displayed in this Site are trademarks or trade names of RadTriads or our suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of RadTriads or our suppliers or licensors.
- THIRD PARTY SOFTWARE
The term “Third Party Software” means any software or application developed and owned by a third party provider that we may contract with from time to time.
We reserve the right to modify, change, or discontinue any Third Party Software at any time, and you agree to cooperate in performing such steps as may be necessary to install any updates to the Third Party Software. The Third Party Software is neither sold nor distributed to you, and you may use the Third Party Software solely as part of the Services. You may not use the Third Party Software outside of the Services. We may provide your personal information to third party providers as required to provide the Third Party Software.
You acknowledge and agree that your use of the Third Party Software is subject to our agreement(s) with the third party providers. In addition, if the Third Party Software is accompanied by or requires consent to a service or license agreement from the third party provider, your use of the Third Party Software is subject to such service or license agreement. You may not download, install, or use any Third Party Software that is accompanied by or requires consent to a service or license agreement from a third party provider unless you first agree to the terms and conditions of such service or license agreement.
- YOUR CONTENT
You will be able to upload, store, publish, display and distribute information, links, text, photos, graphics, videos, data and other materials on or through the Services (collectively, “Your Content”). Your Content includes any content posted by you and hosted through the Services. You are solely responsible for any and all of Your Content and any transactions or other activities involving Your Content. By posting or distributing Your Content on or through the Services, you represent and warrant to us that (a) you have all necessary rights to post or distribute Your Content and have obtained all necessary consents from third parties to post or distribute Your Content, including without limitation third parties who appear in Your Content, in compliance with applicable privacy and intellectual property laws; and (b) your posting or distribution of Your Content does not infringe or violate the rights of any third party including without limitation any intellectual property or privacy rights of third parties appearing in Your Content.
You acknowledge and agree that we may, but are not obligated to, monitor Your Content and may immediately take any corrective action in our sole discretion, including without limitation removal of all or a portion of Your Content consisting of any illegal or immoral content or switching the Designation (as defined below) of such content from “public” to “private”, and suspension or termination of any and all Services without refund of any pre-paid fees. You hereby agree that we shall have no liability due to any corrective action that we may take, including without limitation suspension or termination of the Services.
You will have the option to designate Your Content posted or distributed through the Services as either “private” or “public” (each a “Designation”) and to subsequently change your Designation(s) at any time. Any and all of Your Content which is designated as “private” will not appear in any public searches conducted on the Site or internet search engines and only those users to whom you have granted access will be able to view such content. Any and all of Your Content which is designated as “public” will be searchable by anyone using the Site or any internet search engine. When you change the Designation of Your Content from “public” to “private”, we will promptly hide such content from public search results on the Site, and such content will also cease to appear in public search results on internet search engines. We will not change the Designation of Your Content from “private” to “public” without your consent. However, we reserve the right to change the Designation of Your Content from “public” to “private” in our sole discretion as provided in these Terms.
You hereby grant to us, only to the extent necessary to provide the Services, a non-exclusive, royalty-free, worldwide right and license to: (a) use, reproduce, publicly display (in accordance with applicable Designations), modify, translate, excerpt (in whole or in part), publish, stream and distribute Your Content and place advertisements, promotions, notifications or identifiers, banners and watermarks on or near Your Content; and (b) make archival or back-up copies of Your Content. Except for the rights expressly granted above, we are not acquiring any right, title or interest in or to Your Content, all of which shall remain solely with you.
Following the closing of your Account, you may request that we delete Your Content, otherwise Your Content may remain on the Site at our sole discretion.
- USE OF THE SERVICES AND YOUR RESPONSIBILITIES
We grant you a non-exclusive, revocable and limited license to use the Services as permitted by features of the Site. Use of the Services for other purposes is permitted only with our prior written consent. Except as explicitly provided herein, nothing in these Terms shall be deemed to convey to you any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of RadTriads or any third party.
Without limiting the foregoing, you agree:
- to provide true, accurate, current and complete information about yourself and, if applicable, the party, company or other organization that you act on behalf of;
- that you are responsible for providing any equipment or software that may be necessary for you to use the Services and all costs and charges associated with such equipment or software;
- that you (and your company, if applicable) are fully responsible for all activities that occur under your password or Account, and accept all liability for any acts or omissions arising out of your use of the Services;
- that you are solely responsible for ensuring all Your Content is compatible with the hardware and software used by us to provide the Services, which hardware and software may be changed by us from time to time at our sole discretion;
- that you are solely responsible for backing-up Your Content;
- that we are not responsible for any loss of Your Content;
- that you are fully responsible for managing your Account, including but not limited to maintaining the confidentiality of passwords and/or any Account information and maintaining and promptly updating the Account information to keep it true, accurate, current and complete;
- to use your best efforts to ensure that Your Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code; and
- to immediately notify us of any unauthorized use of your password or Account or any other breach of security.
Further, you agree not to:
- interfere with the ability of others to effectively use the Services, including without limitation activities that block access to any shared network, system, service or equipment;
- sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from RadTriads Content without our prior written permission;
- use the Services to attempt to mislead any person as to the identify, source or origin of any communication;
- use the Services to interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or Account for which you do not have authorization to access or at a level exceeding your authorization;
- use the Services as an online storage space for archiving electronic files; or
- use the Services to host, store, send, relay or process any harmful components, infringe upon any intellectual property, privacy, or other proprietary rights, harass or threaten harm, or make offensive, indecent, or abusive statements or messages, or send, or permit others to send, unsolicited commercial e-mails.
You acknowledge and agree that if you violate any terms or conditions of the Terms or if your Account shows any sign of fraud, abuse or suspicious activity that threatens the stability of our network, we may remove any item of Your Content temporarily or permanently from our servers, suspend or terminate your Account and your access to the Services, and/or refuse any and all current and future use of the Services by you. You further acknowledge and agree that we reserve the right to scan your Account for malicious content (e.g., malware), and that, in the event any such content is discovered, it may be removed in our discretion for security purposes.
- USER COMMENTS
Some areas of the Site may allow you to send information such as comments, questions, testimonials, ideas, suggestions or other content to us (collectively, “Comments”). By making such Comments available to us, you agree that we may, at any time, without restriction, use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, perform, display, and make derivative works of all such Comments and your name as contained in your Comments, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site and/or our business, including without limitation for promoting and redistributing the Site or any products and services provided through the Site in any media formats and through any media channels. You acknowledge and agree that we are under no obligation to maintain any Comments in confidence or to pay compensation for any Comments.
- AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use the Services, namely the greater of (a) 19 years of age or older and (b) such higher age or older as stipulated by the jurisdiction from which you will be using the Services, and to create binding legal obligations for any liability you may incur as a result of the use of the Services. You understand that you are financially responsible for all uses of the Services by you and those using your login information.
- SUBSCRIPTION AND ACCEPTANCE OF SUBSCRIPTION
You may request to purchase a Paid Account for our Services through the Site (each request is an “Subscription”). Your Subscription is deemed to be an offer by you to purchase the Service(s) from us subject to the Terms and any other terms and conditions that we may provide to you. Please review the information carefully before you confirm your purchase. If you do not accept our terms and conditions, you must not use our Services. No Subscription shall be deemed to be accepted by us until we send you an email confirmation of our acceptance of the Subscription. Only once you receive such confirmation email will there be a binding contract between you and RadTriads.
If we, for any reason, do not accept your Subscription, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that Subscription will be refunded to you within a reasonable time.
- FEES AND PAYMENT
You are responsible for paying all fees and applicable taxes associated with your use of the applicable Services once they are made available to you. Your first invoice is generated at the time you purchase a Paid Account for the Services. If paying by credit card, Paypal, or any other payment method capable of automatic charge, you will be charged monthly or annually, as applicable. If your payment method fails or your Account is past due, we may suspend or terminate your Account and your access to the Services until such time as payment is received by us.
We reserve the right to change our Paid Account plans and pricing. Any change, update, or modification to our Paid Account plans will be effective upon 30 days written notice to you. To have your Account upgraded please contact us at support@RadTriads.com.
- CANCELLATION AND REFUNDS
To receive a full refund of our fees, you must contact us at support@RadTriads.com within 48 hours from the moment payment for a new Paid Account or renewal of an existing Paid Account was made by you (the “Refund Period”), and a full refund of our fees will be issued. You are responsible for any and all bank fees that you may incur in connection with any refund. If your cancellation request is not received by us within the Refund Period, no refund will be issued.
Accounts that are terminated due to violations of our Terms are not eligible for any refund.
All refunds are subject to the terms of service of any third-party payment processor and those terms take precedence over our Terms. In the event we are unable to refund any fees via the original method of payment, we will use commercially reasonable efforts to return or credit the appropriate funds to you. We are not responsible for fees deducted from any refund processed by a third-party payment processor.
We may terminate your access to the Services, in whole or in part, without notice in the event that: (a) you fail to pay any fees due to us; (b) you violate the terms and conditions of the Terms; (c) your conduct may harm RadTriads or others, cause RadTriads or others to incur liability, or disrupt our business operations (as determined by us in our sole discretion); or (d) for any other lawful reason or as otherwise specified in the Terms. In such event, we will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effective date of such termination. Further, you agree that we shall not be liable to you or any third party for any such termination.
Upon termination of the Services, Your Content and other materials provided to us may be deleted. You should always maintain back-up copies of all Your Content. We are not responsible for the loss of Your Content.
Your use of the Services is at your sole risk. The Services and RadTriads Content are provided on an “as is” and “as available” basis. You acknowledge that you have been advised by us to undertake your own due diligence with respect to the Services. You further acknowledge and agree that we exercise no control over, and accept no responsibility for, the content of the information passing through our host computers, network hubs and points of presence or the internet.
We expressly disclaim all representations and warranties, express or implied, of any kind with respect to the Services or their use, including but not limited to merchantability, fitness for a particular purpose, accuracy, completeness, currency, reliability or suitability of RadTriads Content, title and non-infringement, and those arising by statute or otherwise in law or equity, or from a course of dealing or usage of trade.
- LIMITATION OF LIABILITY
YOU AGREE THAT RADTRIADS, OUR EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT, ACCESS TO OR USE OF THE SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
IN NO EVENT SHALL OUR AGGREGATE LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES EXCEED THE AMOUNT OF CDN $100.00.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
You shall indemnify, defend and hold harmless RadTriads and our officers, directors, employees, consultants, representatives and agents from and against any loss, liability, claim, cause of action, demand, damages, costs or expenses including without limitation reasonable legal, accounting and other professional fees, brought by you or on your behalf in excess of the liability described herein or by third parties arising from or in connection with your use of the Services, including but not limited to any violation by you of the Terms or any violation of any privacy or intellectual property rights of third parties in connection with Your Content. We reserve the right, to assume the exclusive defense and control of any matter, subject to indemnification by you, which shall not excuse your indemnity obligations.
- LINKS TO OTHER SITES
This Site may contain links to other web sites which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by us of the linked web site or information contained therein. We shall not be responsible for the content of any other web sites and makes no representation or warranty regarding any other web sites or the contents or materials on such websites. If you decide to access other websites, you do so at your own risk.
The relationship between RadTriads and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms or use of this Site.
- GOVERNING LAW
The Terms and its performance shall be governed by the laws of the Province of British Columbia, Canada without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the courts located in the City of Vancouver, in the Province of British Columbia, Canada, in all disputes arising out of or relating to the use of this Site and the Services and the Terms.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The headings used in the Terms are included for convenience only and will not limit or otherwise affect the Terms.
- ENTIRE AGREEMENT
The Terms, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and it supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Site.