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Terms and Conditions

Po.st Terms of Use

Thank you for your interest in the Po.st service, owned and operated by RadiumOne, Inc. ("RadiumOne").  RadiumOne owns and operates the Po.st service which allows users to use our sharing buttons and menus to easily share content with their family and friends, including through our link shortening and video embedding services (the "Service").  These Terms of Use only apply to the Service and do not apply to other services or websites owned by RadiumOne (including www.RadiumOne.com).

  1. 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.  By availing yourself of the Service in any manner, you ("You", or "User") 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.
  2. 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.
    1. (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.
    2. (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. (c) 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. 3. Accessing the Service.
    1. (a) Eligibility.  You must be an individual at least 13 years old to use the Service.  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 Service.  If you are using this Service on behalf of a Publisher, you represent that you have authority to represent and bind the Publisher on their behalf.
    2. (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. 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 Service 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, 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.
  5. 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:
    1. (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;
    2. (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), for any purpose other than for your personal, noncommercial purposes, except and solely to the extent permitted by these Terms;
    3. (c) Access or use the Service for any commercial or business purpose, including without limitation for comparative or competitive research purposes;
    4. (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;
    5. (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;
    6. (f) Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
    7. (g) Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information;
    8. (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;
    9. (i) Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
    10. (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;
    11. (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;
    12. (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
    13. (m) Use the Service in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations.
  6. 6. 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.  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 make reasonable efforts to notify you of the change, such as by posting a notification or message when you use the Service.  Material changes to these terms will be effective upon the earlier of (i) your first use of the Service with actual knowledge of such change, or (ii) 30 days from providing you notice of such change.  We encourage you to review these Terms frequently, to stay informed of the latest modifications.
  7. 7. 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.  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.
  8. 8. User Disagreements.  Your use of the Service may bring you into contact with other users, and their User Content, 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.
  9. 9. Termination.
    1. (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 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.
    2. (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 closing your account, discontinuing your use of any and all parts of the Service, or providing RadiumOne with notice of termination at support@radiumone.com.
    3. (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 7 through 17, and the Intellectual Property Policy.
  10. 10. 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.
  11. 11. 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 any 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.
  12. 12. 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.

    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.
  13. 13. 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 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 BY WHICH EXCEED ONE HUNDRED DOLLARS.
  14. 14. 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.
  15. 15. 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.
  16. 16. 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.
  17. 17. 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 1 ("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 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 this Agreement are used for convenience only and are not to be considered in interpreting this Agreement.

The services hereunder are offered by:

RadiumOne, Inc.
525 Market St.
Suite 2820
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.

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