Thank you for your interest in the Po.st service which is owned and operated by RadiumOne, Inc. (“RadiumOne”, “we”, or “us”).
These terms and conditions (the ” Terms”) apply to you if you are: (i) A “Publisher”: the owner or operator of a website (a “Publisher Website”) that uses the Po.st service, or (ii) An “End User”: an individual visiting or using our website (the “RadiumOne Website”) or accessing and using the Po.st service through a Publisher Website. References to “you” and “your” hereafter shall refer to any Publisher and/or End User as applicable.
These Terms only apply to the Po.st service, which includes: (i) The ” URL Shortener Service”: the shortening, tracking, and sharing of URLs using the Po.st domain which can be accessed by End Users via the RadiumOne website directly, or indirectly via a Publisher Website; (ii) The “Sharing Platform Service”: the ability for End Users to share content located on Publisher Websites with other parties via shortened links; (iii) The “Branded URL Service”: the provision to Publishers of a different domain (for example, http://www.innovationcentral.com/example) that relates to the Publisher’s brand and allows the Publisher to share and track the use of Branded URLs; and/or (iv) The “Applications Service”: the provision to Publishers of a range of tools and applications including but not limited to video embedding, analytics software, publisher dashboards, advertising tags. In these Terms, we may refer to the URL Shortener Service, the Sharing Platform Service, the Branded URL Service and/or the Application Service as the “Service”).
By using the Service in any manner (whether as an 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 the Terms, you should immediately terminate your use of the Service in accordance with Section 3(b) below.
I. TERMS APPLICABLE TO PUBLISHERS
If you are a Publisher using the Branded URL Service and/or the Sharing Platform Service, the following terms apply to you as appropriate:
1. Use of the Branded URL Service:
(a) License to Branded URL. Subject to these Terms, you grant to RadiumOne a limited, non-exclusive, royalty-free, non-sublicensable license to use Branded URLs solely as needed for RadiumOne to provide the Branded URL Service. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize RadiumOne to use the Branded URLs in order to engage in the Service.
(b) API License. Subject to these Terms, RadiumOne hereby grants to you 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.
(c) API License Restrictions. You shall not use the Po.st API for any other purpose other than that set forth in Section 1(b) above including but not limited to (i) using the Po.st API to develop a third party or competing product; (ii) permitting use of the Po.st API by a third party; (iii) using the Po.st API in breach of RadiumOne’s intellectual property rights; or (iv) using the Po.st API to disable, override, or otherwise interfere with the Service.
(d) Ownership of Branded URLs. As between you and RadiumOne, you retain all right, title and interest in and to the Branded URLs, including content thereon, and (ii) RadiumOne retains all right, title and interest in and to the Service and the Po.st API.
2. Use of the Sharing Platform Service:
(a) Website 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 you a non-exclusive, non-transferable, non-sublicensable license to use widgets provided to you by RadiumOne (“Widgets”) on Publisher Websites solely pursuant to the Service.
(b) Implementation. You shall follow the instructions for implementing the Widget found here.
(c) License Restrictions. You shall not use the Widget in any way which is inconsistent with Section 2(a) including but not limited to (i) to develop a third party or competing product; (ii) not permitting use of the Widget by a third party; (iii) in breach of RadiumOne’s intellectual property rights; or (iii) to disable, override, or otherwise interfere with the Service.
(d) Publisher Websites. You represent and warrant that (i) you own or have the necessary rights in and to use the Publisher Websites pursuant to the Service; (ii) the Publisher Websites do not portray any illegal, illicit or immoral content or that which infringes on the rights of third parties; and (iii) Publisher Websites are not directed to children pursuant to the U.S. Children’s Online Privacy Protection Act.
(e) Sharing of Content. By placing the Widget on your Publisher Websites, you grant us a worldwide, nonexclusive, fully-paid-up, assignable, and royalty-free right and license to use, distribute, display, and reproduce your content solely as necessary to provide the Service.
3. General Terms Applicable to Publishers
(a) Intellectual Property: RadiumOne owns all right, title and interest, including without limitation all intellectual property rights, in and to (i) all Po.st API content, visual interfaces, multimedia content, features, information, graphics, design, compilation, computer code, software, products (together, the “RadiumOne Materials”) and (ii) all data or information that RadiumOne collects from End Users and Publishers from use of the Service.
II. TERMS APPLICABLE TO END USERS
If you are an End User using the Service, the following terms apply to you:
2. Eligibility. You must be at least age 13 to use the Service. If you are 13 or older but younger than 18, you must have parental consent before using the Service, and your parent must accept these Terms on your behalf. If you are using the Service on behalf of a company, entity, or organization, or group or division of the aforementioned, then you represent and warrant that you have authority to bind such organization to these Terms.
3. 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 but not limited to those of Publishers) not controlled by RadiumOne or its suppliers or licensors (“Third Party Materials”) which you should review. Your dealings with such third parties found through the Service are solely between you and such third party and such dealings are governed by the relevant terms and policies of such third party. YOU AGREE THAT RADIUMONE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF SUCH DEALINGS OR AS THE RESULT OF SUCH THIRD PARTIES APPEARING ON THE SERVICE.
4. User Disagreements. Your use of the Service may bring you into contact with other users (whether End Users or Publishers), and their User Content. You are solely responsible for your involvement with other users. RadiumOne shall not be liable for any direct, indirect, special or other consequential damages arising out of or in connection 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.”
III. GENERAL TERMS RELATING TO THE SERVICE
1. Prohibited Uses Of The Service. You agree not to use the Service in an unlawful manner or for an unlawful purpose, or in any way that might harm, damage, or disparage any other party. Without limiting the above, you agree that you will not, do or attempt to:
(a) Undertake, cause, permit or authorize use or access to the Service in a manner which infringes RadiumOne or any third part’s intellectual property rights;
(b) Access or use the Service for comparative research or competitive purposes;
(c) Interfere with any security-related features of the Service;
(d) Use any automated means (e.g. robots or spiders) to access the Service, except to the extent permitted by the features of the Service or transmit or upload any harmful or malicious software (e.g. viruses or trojans);
(f) Publish or distribute any inappropriate, offensive, immoral or otherwise objectionable material;
(g) Create a false identity or impersonate another when using any aspect of the Service;
(h) Directly or indirectly interfere with or disrupt the Service; or
(i) Upload, post or otherwise transmit any unsolicited or unauthorized solicitation.
2. 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.
(a) By RadiumOne. RadiumOne, in its sole discretion and for any reason or no reason, may terminate any aspect of your use of the Service, discontinue the Service (or any part thereof), or terminate any license or permission granted to you hereunder, at any time by giving you notice. You agree that RadiumOne shall not be liable to you or any third-party for any such termination. If terminated, RadiumOne will not have any responsibility to you in respect of your User Content or other information you may have stored in respect of the Service.
(b) By You. You may terminate your use by (i) closing your account and discontinuing your use of the Service entirely, or (ii) providing RadiumOne with notice of termination at email@example.com.
(c) Survival. Upon termination of these Terms, your right to use the Service and any licenses granted herein shall immediately terminate. Any of these Terms which, by their nature are intended to survive or expressly state they should survive, will survive such termination.
4. 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.
5. Indemnity. You agree to indemnify and hold RadiumOne harmless from and against all damages, liabilities, costs, and expenses (including, without limitation legal fees) that RadiumOne may incur as the result of: (i) your use or misuse of the Service; (ii) your User Content; (iii) your breach or other violation of any of these Terms; and (iv) your violation of any third party intellectual property rights.
6. DISCLAIMER. THE SERVICE AND ANY APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH IT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND, EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, ALL WARRANTIES, CONDITIONS AND OTHER TERMS (WHETHER EXPRESS OR IMPLIED BY COMMON LAW, STATUTE OR OTHERWISE, INCLUDING WARRANTIES AND TERMS AS TO MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE OR SATISFACTORY QUALITY) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
7. LIMITATION OF LIABILITY. IN NO EVENT WILL RADIUMONE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH SERVICE, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL RADIUMONE BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES WHICH EXCEED ONE HUNDRED DOLLARS.
8. Governing Law. These Terms shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to submit to the exclusive jurisdiction of the courts of San Francisco, California, except as otherwise agreed by the parties.
10. Submissions. If you send us an unsolicited business idea or suggestion, you agree that we may use such submission without any payment or other obligation to you.
9. 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. If you do so, you agree to comply with such laws at your own expense and to indemnify and hold RadiumOne harmless for any non-compliance.
10. 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 USA.
(a) Entire Agreement: 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.
(b) Severability: Any provision of this Agreement that is unenforceable will be severed, and the remaining provisions shall remain in full force and effect.
(c) No Waiver: The failure of RadiumOne to enforce any of the provisions herein shall not be construed as a waiver of the prior or future performance of any such terms or conditions.
(d) No Assignment: You may not assign these Terms or any rights or obligations contained in them. RadiumOne may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.
LAST UPDATED: 7/30/14