Terms and Conditions

Thank you for your interest in the Po.st service and website located at Po.st (the "Site") which is owned and operated by RadiumOne, Inc. ("RadiumOne", "we", or "us"). RadiumOne owns and operates the Po.st service which allows users to easily share content and links with their family and friends through our URL shortening and sharing services (collectively with the Site, the "Service"). These Terms of Use only apply to the Service and do not apply to other services or websites owned by RadiumOne.

1. Acceptance of the Terms. Please carefully read the following terms of use and all other rules and guidelines that we may communicate to you from time to time through the Service, including the additional policies identified in Section 2, below (collectively, the "Terms"), as these terms create a binding legal contract between you and RadiumOne, whether you are a visitor to the Site ("Visitor"), an individual accessing and using the Service through a Publisher Website ("End User") or the owner or operator of a website ("Publisher Website") that uses the Service to share and shorten URLs, including through the use of Widgets or Branded URLs ("Publisher"). By availing yourself of the Service in any manner (whether as a Visitor, End User, or Publisher), you agree that you have read, understood, and agree to be bound by and comply with the Terms. If at any time you do not agree to these Terms, you should immediately terminate your use of the Service. Unless specifically stated, the term "you" refers to a Visitor, End User, or Publisher.

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.

(a) Privacy Policy. Your privacy is important to us. The RadiumOne Privacy Policy, which describes how we collect, use, and disclose information from you from the Service, is available here. You have the ability to opt out of data collection through the Service at any time by clicking the "Opt-Out" button on our Privacy Policy.

(b) 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.

3. Accessing the Service.

(a) Eligibility. You must be an individual at least 13 years old to use the Services. By using 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 Services. If you are older than 13 but younger than 18 years of age (a "Minor Child"), you must have parental consent before registering for an account on the Services and your parent must accept these Terms on your behalf. If you, as a parent or legal guardian, have agreed to allow your Minor Child to use the Services, you agree that you shall be solely responsible for: (i) the online conduct of such Minor Child; (ii) monitoring such Minor Child’s access to and use of the Services; and (iii) the consequences of any use of the Services by such Minor Child. Furthermore, if you are using the Service on behalf of a company, entity, or organization, or group or division of any of the aforementioned parties (collectively, an "Organization"), then you represent and warrant that you: are an authorized representative of that Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Organization.

(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 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 except as provided herein; and (ii) you do not engage in any of the prohibited uses described below in Section 9.

4. Description of the Service. The Service allows (i) End Users and Publishers to allows users to shorten, track, and share URLs using the Po.st domain; and (ii) End Users to share content located on Publisher Websites with other parties through our link shortening service. For publishers, the Service also includes access to a video embedding service, analytics software, publisher dashboards, advertising tags, and other tools and applications provided by RadiumOne. RadiumOne does not currently charge for the Service. However, we may collect information to tailor advertising to you more effectively as described in more detail in the Po.st Privacy Policy, available here

5. Publisher Terms for Branded URL Service. The Service also allows for the use of branded URLs ("Branded URLs") using a different domain (for example, http://www.innovationcentral.com/example) that relate to a Publisher’s brand and allows the Publisher to share and track the use of Branded URLs (collectively, the "Branded URL Service"). The Branded URLs may be designated by the Publisher in an insertion order or through the web interface provided for the Branded URL Service. If you are a Publisher and wish to use the Branded URL Service as part of the Service, the following terms apply.

(a) License to Branded URL. Subject to the terms and conditions herein and your acceptance of these Terms, Publisher grants to RadiumOne a non-exclusive, royalty-free, non-sublicensable license to use Branded URLs solely as needed for RadiumOne to provide the Branded URL Service. Publisher shall retain all ownership rights in the Branded URLs. Publisher represents and warrants that (i) it maintains adequate rights in and to the Branded URLs (including without limitation under the intellectual property rights in and to any third party content contained therein) in order to engage in the Service, including without limitation the right to modify and create derivative works of any materials on the Branded URLs. Publisher will indemnify, defend, and hold RadiumOne harmless from and against all damages, liabilities, costs, and expenses (including, without limitation attorney fees) that RadiumOne may incur as the result of any action brought against RadiumOne arising out of the acts of Publisher in breach of this Section 5(a).

(b) API License. Subject to these Terms, RadiumOne hereby grants to Publisher a non-exclusive, non-transferable, non-sublicensable license to use RadiumOne’s Po.st application programming interface ("Po.st API") for the sole purpose of participating in, implementing, and using the Branded URL Service. RadiumOne’s provision of the Branded URL Service is conditioned on Publisher’s use of the Po.st API and compliance with these Terms.

(c) API License Restrictions. Publisher shall not use the Po.st API for any other purpose other than that set forth in Section 5(b) above. Without limiting the foregoing, Publisher shall not: (i) use the Po.st API for the purposes of developing a product that will be owned by a third party or that would compete with RadiumOne products or services; (ii) sublicense, rent, lend, lease, permit third party access to, or use of, the Po.st API; (iii) copy, distribute, reproduce, sell, use or allow access to the Po.st API, except as explicitly permitted under these Terms; (iv) modify, adapt, translate, reverse engineer or decompile (except to the extent expressly authorized by law), or prepare derivative works from the Po.st API; (v) remove, obscure, or alter RadiumOne’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within the Po.st API; or (vi) use the Po.st API to disable, override, or otherwise interfere with the Service.

(d) Ownership of Branded URLs. As between Company and RadiumOne, (i) Company retains all right, title and interest in and to the Branded URLs, including content thereon, and (ii) subject to the limited rights and licenses granted to Company pursuant to these Terms, RadiumOne retains all right, title and interest in and to the Service and the Po.st API. RadiumOne shall own any data or information that we collect through our network from use of the Service, while you will own all data or information that you collect from users of your websites.

6. Publisher Terms for Widgets. If you are a Publisher and wish to use the Service to allow users to share content located on your Publisher Websites, the following terms apply to you.

(a) Site Approval and License. Subject to these Terms, you may implement the Service on Publisher Websites without RadiumOne’s prior approval, and RadiumOne hereby grants to Publisher a non-exclusive, non-transferable, non-sublicensable license to use Widgets on Publisher Websites for the sole purpose of participating in the Service. RadiumOne reserves the right to deny or revoke participation of any website in the Service and/or terminate this license at any time in its sole discretion.

(b) Implementation. The Widget and instructions to implement the Widget on Publisher Websites are available here. Publisher shall follow such instructions in implementing the Widget, and shall implement the Widget on all Publisher Websites.

(c) License Restrictions. Publisher shall not use the Widget for any other purpose other than that set forth in Section 6(a) above. Without limiting the foregoing, Publisher shall not: (i) use the Widget for the purposes of developing a product that will be owned by a third party or that would compete with RadiumOne’s products or services; (ii) sublicense, rent, lend, lease, permit third party access to, or use of, the Widget; (iii) copy, distribute, reproduce, sell, use or allow access to the Widget, except as explicitly permitted under these Terms; (iv) modify, adapt, translate, or prepare derivative works from the Widget; (v) remove, obscure, or alter RadiumOne’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within the Widget; or (vi) copy, distribute, reproduce, sell, use or allow access to RadiumOne's advertising tags for use in banner advertisements or for any purpose that is not expressly approved by RadiumOne in writing.

(d) Publisher Websites. Publisher represents and warrants that (i) it maintains adequate rights in and to the Publisher Websites (including without limitation under the intellectual property rights in and to any third party content contained therein) in order to engage in the Service, including without limitation the right to modify and create derivative works of any materials on the Publisher Websites and (ii) the Publisher Websites do not portray illicit drugs; and do not contain pornography, adult or mature content; or any content that otherwise promotes violence, illegal activity or infringes on the rights of others. Publisher will indemnify, defend, and hold RadiumOne harmless from and against all damages, liabilities, costs, and expenses (including, without limitation attorney fees) that RadiumOne may incur as the result of any action brought against RadiumOne arising out of the acts of Publisher in breach of this Section 6(d).

(e) Sharing of Content. The Service is designed to allow users to easily share content from Publisher Websites with other parties. As such, we do not claim any ownership rights in any content on the Publisher Websites. By placing the Widget on your websites, you grant us a worldwide, nonexclusive, fully-paid-up, assignable, and royalty-free right and license to distribute, perform, display, and reproduce your content solely as necessary to provide your content through the Service.

(f) Ownership of Publisher Websites. As between Publisher and RadiumOne, (i) Publisher retains all right, title and interest in and to the Publisher Website including content thereon and (ii) subject to the limited rights and licenses granted to Publisher pursuant to these Terms RadiumOne retains all right, title and interest in and to the Service and the Widget. RadiumOne shall own any data or information that we collect through our network from use of the Service, while you will own all data or information that you collect from users of your websites.

7. 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 Service provided by RadiumOne ("RadiumOne Materials") are the valuable proprietary and intellectual property of RadiumOne or its licensors. RadiumOne Materials does not include User Content (as defined in the Intellectual Property Policy), [including but not limited to links] 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 RadiumOne Materials. Any attempt to download, print, publish or maintain the RadiumOne Materials in violation of these Terms or any applicable license, to distribute copies of the RadiumOne Materials, or to otherwise exploit the RadiumOne Materials in violation of the intellectual property or proprietary rights of others is strictly prohibited by these Terms.

8. Analytics Data. The Services are offered to you subject to your continued compliance with these Terms. As part of the Service, RadiumOne collects and generates various data regarding your use of the Service. If you place a Widget on your website, share links using the Service, or otherwise use the Service, we may place a cookie in End User web browsers to collect information such as the web browser type, the web site visited by the End User just before the user visits the site on which the widget is placed and/or the web site on which the Widget is placed, and the dates and times that an End User visits these web sites as provided in more detail in our Privacy Policy. You may only use our analytical tools and any data obtained from those tools ("Analytics Data") for your personal or internal business use in conjunction with the operation and analysis of your Publisher Websites. You will not use the Service (or allow a third party to use the Service) to track or collect personally identifiable information ("PII") of any users, nor will you associate (or allow a third party to associate) any data gathered from your websites with any PII from any source as part of your use of the Service. You may not share, disclose, license or otherwise provide Analytics Data to any third party advertising networks without our prior written consent.

9. Prohibited Uses 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 Service, RadiumOne Materials or User Content (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 Content) except and solely to the extent permitted by these Terms;

(c) Access or use the Service 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 Content;

(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 Service in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations.

10. Modification of the Terms. RadiumOne reserves the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Service, except for material changes, as discussed below. These Terms will identify the date of last update. Your use of any Service following any such change constitutes your agreement to be bound by the modified Terms of Use. In the case of material changes to the terms, RadiumOne will notify you of the change, such as by posting a notification or message when you use the Service or contacting you through your registered email address, and obtain your consent for such changes. Disputes arising under the Terms will be resolved in accordance with the latest version of the Terms for which we have obtained your consent. We encourage you to review these Terms frequently, to stay informed of the latest modifications.

11. Third Party Content and Links. Content shared or linked to on 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. Additionally, when you leave the Service for example by clicking on a link, 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.

12. Required Disclosure for Publishers. Publisher represents and warrants that each web page on the Publisher Websites and/or Branded URLs contains a link to a privacy policy that contains language that is substantially similar to the following: "We allow third-party companies to collect certain anonymous information when you visit our website. These companies may use non-personally identifiable information during your visits to this and other websites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or a third party web beacon to collect this information. To learn more about this behavioral advertising practice, you can visit www.networkadvertising.org." Publisher will indemnify, defend, and hold RadiumOne harmless from and against all damages, liabilities, costs, and expenses (including without limitation attorney fees) that RadiumOne may incur as a result of any action brought against RadiumOne arising out of the acts of Publisher in breach of this Section 12.

13. User Disagreements. Your use of the Service may bring you into contact with other users, and their User Content, such as by sharing links with other users of 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. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

14. Termination.

(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 halt, suspend, or terminate access to the Service, 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 Content 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 support@radiumone.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 (i) closing your account and discontinuing your use of any and all parts of the Service, or (ii) providing RadiumOne with notice of termination at support@radiumone.com.

(c) Survival; Rights and Obligations upon Termination. Upon termination of these Terms, your right to use the Service shall immediately terminate. Publishers shall immediately (i) remove the Widget from all Publisher Websites and (ii) cease use of the Po.st API. In addition, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 2, 5(d), 6(f), 7, 11, 13-24, and 26, the Parties’ indemnification obligations in Sections 5(a), 6(d), 12, and the Intellectual Property Policy.

15. Confidential Information. Certain content, information or software you access through the Service, including RadiumOne Material may contain confidential information of RadiumOne ("Confidential Information") . Without limiting the foregoing, the Widget, the Po.st API, and all information relating to the Widget or Po.st API shall be deemed the Confidential Information of RadiumOne. You agree to protect Confidential Information by exercising the necessary care required to prevent its disclosure. Notwithstanding the above, you will not disclose, divulge, distribute, publish, transmit or transfer Confidential Information to any third party or use Confidential Information for any purpose whatsoever other than as expressly authorized by these Terms. Your obligations with respect to 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.

16. 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 Content; (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 User Content 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.

17. Disclaimers. THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT, OR ANY OTHER SERVICE OR INFORMATION PROVIDED BY RADIUMONE), USER CONTENT 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 USER CONTENT, 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.

18. 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 SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE SERVICE OR ITS CONTENT, INCLUDING USER CONTENT, 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 UNDER OR RELATED TO THIS AGREEMENT BY YOU WHICH EXCEED ONE HUNDRED DOLLARS.

19. 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.

20. 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.

21. 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 the sending party 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 your viewing of 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.

22. Submissions. We enjoy hearing from you and welcome your comments about the Service. However, if you send us a business idea or suggestion (for example, about how to improve or expand our products and services), you agree that we will be completely free to implement, use, or modify, in any way, your idea or suggestion (or any part of it), without any payment or other obligation to you.

23. Export. You may not export or re-export the Service, the Po.st API, the Widget, or any portion of the Service without complying with applicable export control laws and obtaining any necessary permits and licenses. In the event you do so, you agree to comply with such laws at your own expense, and agree to indemnify and hold RadiumOne harmless for any noncompliance.

24. Government Use. The Widget, Po.st API, and any software or code provided by us are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

25. European Union. Section 25 of the Terms applies solely to Publishers that are incorporated in countries located within the European Union.

(a) Publisher acknowledges that the provision of the Services involve RadiumOne or its sub-contractors storing information on Publisher's and/or Publisher end user customer's devices or equipment via the use of cookies or otherwise.

(b) In order for each of the Publisher and RadiumOne to achieve adequate legal disclosures in relation to the underlying technology used in provision of the Services under the ePrivacy Directive (EC 2002/58 (as amended) (including the UK’s implementation of the same under the Privacy and Electronic Communications Regulations 2003 (as amended), and associated regulatory guidance and industry best practice), RadiumOne and/or its sub-contractors require Publisher to make certain disclosures on its behalf via Publisher's Privacy Policy or via discrete statements on the Publisher's Website(s). Publisher acknowledges that such disclosures are one of the necessary steps towards achieving legal compliance. Therefore, where so requested from time to time by RadiumOne, Publisher shall make and maintain any such additions, amendments or changes to the relevant Publisher Privacy Policy/ies and shall promptly cooperate with RadiumOne regarding all such disclosure requests. Publisher and RadiumOne agree that the minimum disclosure that Publisher will include in Publisher’s Privacy Policy/ies and/or publish elsewhere on the Publisher Website(s) are as set out in Sections 25(a)-25(c).

(c) In addition to any agreed disclosures made by the Publisher or any subsequently requested changes made by RadiumOne pursuant to Section 19.2, Publisher agrees that, prior to implementing the Services, it shall implement a technical solution to display prior notification of and obtain the consent to the use of RadiumOne cookies (referencing them as "third party cookies") from each user of the Publisher Website(s), and it shall further incorporate a reasonable mechanism to enable Publisher end user customer's to consent or not to such use of cookies as applicable law and legal guidance may reasonably require. Publisher acknowledges and agrees that, to the extent any Publisher Website end-user does not consent to such use of RadiumOne cookies, or opts out of the use of such RadiumOne cookies, the operation of elements of the Services in respect of such end user may be affected, and RadiumOne shall have no liability to Publisher for any such effect on the Service's operation.

(d) Notwithstanding Sections 25(b) and 25(c) , Publisher agrees that it shall comply with its published Privacy Policy/ies and all laws and regulatory guidance to the extent applicable to the Publisher, and that it shall maintain and make available on each of the Publisher Website(s) a Privacy Policy that includes any and all disclosures and election procedures that may be required under applicable laws and regulatory guidance in light of its own services and data handling practices and additionally the Services contemplated by these Terms and provided by RadiumOne form time to time including, without limitation, a Privacy Policy that fully and completely discloses to users of the Publisher Website(s) the practices of the Publisher, RadiumOne or other third parties with respect to the collection, use and disclosure of personal data and other information (including any data or other information that: (i) is collected on an anonymous basis, (ii) is not connected with a living individual; or (iii) is aggregated), cookies, web beacons and similar devices and matters.

(e) Publisher and RadiumOne agree to work together in good faith in respect of any other best practice or legally necessary privacy or metrics and analytics related disclosures which may now or in the future be required on the Publisher Website(s) in relation to the Services and Publisher's use or deployment of these Services.

26. 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 Section 10 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 Content, 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 these Terms are used for convenience only and are not to be considered in interpreting these Terms.

The services hereunder are offered by:

RadiumOne, Inc.
55 Second St.
18th Floor
San Francisco, CA 94105
support@radiumone.com

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.