Terms of Service
A Note From the Radon Media Team:
Our goal is to provide you with a superb, streamlined experience, one that helps you bring to life your creative and/or marketing ideas by saving you the time of doing it yourself, saving you the time and headaches of hiring, and in turn helping you to scale your business.
We wrote the below Terms & conditions to make sure that expectations are as clear as possible for what we will deliver to you and what is included.
Some of what it covers:
- Definitions of certain words and ideas
- Terms of service
- Cancellations, refunds, and guarantees
- Communicating with us
- Misc. Legal Terms & Conditions
For any other questions, just ask!
Sincerely,
The Radon Media Team
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Last Updated: Jan 1, 2021
Terms & Conditions
Welcome to Radon Media, (“Radon Media,” “we,” “our” or “us”). This page explains the terms by which you may use our online and/or mobile services and software provided on or in connection with Radon Media (collectively, “Radon Media”). By accessing or using Radon Media, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms and Conditions (this “Agreement”) and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of Radon Media. Radon Media reserves the right to modify these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access Radon Media (“Users”).
Please read this Agreement carefully to ensure that you understand each provision. This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
Radon Media
Radon Media allows Users (Client Users) to Request, Create, Revise, Delegate a variety of types of creative projects—including but not necessarily limited to ads, marketing tools / apps, strategy help, design, copywriting. If you cannot find exact details on what we can or cannot do, simply ask us via email or live chat. The work is completed by other Users who have the self-reported ability to do said work and/or with/by the use of native or third-party tools.
Radon Media Service
2.1 Eligibility
This is a contract between you and Radon Media. You must read and agree to these terms before using Radon Media. If you do not agree, you may not use Radon Media. You may use Radon Media only if you can form a binding contract with Radon Media, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to Radon Media by anyone under 13 is strictly prohibited and in violation of this Agreement. Radon Media is not available to any Users previously removed from Radon Media by Radon Media.
2.2 Limited License
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use Radon Media as permitted by the features of Radon Media. Radon Media reserves all rights not expressly granted herein in Radon Media and the Radon Media Content (as defined below). Radon Media may terminate this license at any time for any reason or no reason.
2.3 Radon Media Accounts
Your account on Radon Media (your “Radon Media Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of Radon Media Accounts for different types of Users. If you open a Radon Media Account on behalf of a company, organization, or other entity, then: (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Radon Media with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s Radon Media Account without permission. When creating your Radon Media Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your Radon Media Account, and you must keep your Radon Media Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Radon Media Account. You must notify Radon Media immediately of any breach of security or unauthorized use of your Radon Media Account. Radon Media will not be liable for any losses caused by any unauthorized use of your Radon Media Account.
You may control your User profile and how you interact with Radon Media by changing the settings in your Settings page. By providing Radon Media your email address you consent to our using the email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. With your consent, we may also use your email address to send you other messages, such as changes to features of Radon Media and special offers. If you do not want to receive such email messages, you may opt out by clicking on the unsubscribe link on the bottom of our emails. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
2.4 Administrator Accounts
The person who first completes the Radon Media registration on behalf of any company, entity or organization (“Subscribing Organization”) is the initial “Administrator“ for purposes of such Subscribing Organization’s use of Radon Media, and exercises certain options to initially determine the level of access, privacy, and security for Radon Media related to the Subscribing Organization (“Administrator Account“). For example, the Administrator will determine who can be a User of Radon Media under the organization associated with that Administrator and Subscribing Organization and the level of privileges that such Users will possess. Once initial registration has been completed, each Subscribing Organization will be able to register additional Administrators. Each Administrator may designate other Users as additional and/or successor Administrators; provided that, each Administrator is responsible for confirming that those person(s) accept such responsibility. Upon becoming an Administrator, each person will be deemed to agree to the obligations hereunder. In addition, any person designated as the billing contact in the billing record for a Subscribing Organization will be deemed to assume the rights and obligations of an Administrator. Administrator Accounts must comply in all respects with all terms and conditions applicable to Radon Media Accounts.
2.5 Radon Media Rules
When using Radon Media, you agree not to: (a) upload or transmit pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content; (b) except where expressly permitted, use Radon Media to engage in spamming, “chain letters“, “pyramid schemes“, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate this Agreement, the Privacy Policy or any applicable laws, regulations or generally-accepted advertising or marketing industry guidelines; (c) use Radon Media in any manner that infringes, violates or misappropriates any third party’s intellectual property or proprietary rights; (d) use Radon Media in any manner is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes; (e) use Radon Media in any manner is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy; (f) use Radon Media in any manner that is harmful to minors in any way; (g) use Radon Media in any manner that is hateful or discriminatory based on race, color, gender, gender identity, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Radon Media; (h) use Radon Media in any manner that in our sole discretion could damage, disable, overburden, or impair it; (i) use Radon Media in any manner that constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests; (j) attempt to gain unauthorized access to Radon Media, or any part of them, other Radon Media Accounts, computer systems or networks connected to Radon Media, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of Radon Media or any activities conducted on Radon Media; (k) modify Radon Media in any manner or form, or use modified versions of Radon Media, including but not limited to for the purpose of obtaining unauthorized access to Radon Media; (l) use any robot, spider, scraper, or other automated means to access Radon Media for any purpose without our express written permission, or bypass any measures we may use to prevent or restrict access to Radon Media; (m) impersonate another person or access another User’s Radon Media Account without that User’s permission or to violate any contractual or fiduciary relationships; (n) share Radon Media-issued passwords with any third party or encourage any other User to do so; (o) modify, adapt, translate or create derivative works based upon Radon Media; (p) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of Radon Media, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (q) rent, lease, loan, resell, sublicense, distribute or otherwise transfer Radon Media to any third party; provide time sharing or similar services for any third party; or use Radon Media for any purpose other than your own internal business use; (r) remove, circumvent, disable, damage or otherwise interfere with security-related features of Radon Media, features that prevent or restrict use or copying of any content accessible through Radon Media, or features that enforce limitations on use of Radon Media; (s) access Radon Media if you are a direct competitor of Radon Media, except with Radon Media’ prior written consent, or for any other competitive purposes; or (t) except as permitted by the features of Radon Media, collect or harvest any personally identifiable information, including account names, from Radon Media.
2.6 User Pages
In creating, operating and maintaining User Pages as part of Radon Media, you represent and warrant that your User Pages are not directed, in whole or in part, to persons under the age of eighteen (18) years of age and that the creation, operation and maintenance of your User Page and your underlying service will be in compliance with local, state and federal laws, rules and regulations applicable to your use of the Service to provide content to and collect information from your end users and visitors, including, without limitation, by posting a privacy policy on your User Page that discloses your and any and all third-parties’ collection and use of the information of any and all visitors, users, and others who access your User Page as required by applicable law, and for making all required disclosures and obtaining all required consents, if necessary, from such end users and visitors with respect to your collection, use, and disclosure of personal information, including through the use of cookies, web pixels or other similar technology.
2.7 Responsibilities for Calls and Messaging
To the extent applicable to your use of the Service, you shall at all times comply with the CAN SPAM Act of 2003, the Telephone Consumer Protection Act (47 U.S.C. §227), the Do-Not-Call Implementation Act and the Do-Not-Call list registry rules (http://www.donotcall.gov), the Telemarketing Sales Rule, 47 C.F.R. § 64.1200 et seq, and all other state or local laws, rules, regulations, and guidelines relating to calling or texting, including without limitation, rules, regulations and guidelines set forth by the Federal Trade Commission and the Federal Communications Commission (collectively, the “Calling Laws”). You agree that, as between the parties, you are the initiator of any call, SMS/MMS message, or other communication transmitted through the Service and for all content relating to, inducing, or encouraging calls, SM/MMS messages or other communications to take place. Radon Media is not responsible for reviewing the contents of any communication transmitted through the Services or transmitted by you related to your use of the Service, nor is it responsible for obtaining any necessary consents or permissions from the message recipients.
2.8 Changes to Radon Media
We may, without prior notice, change Radon Media; stop providing Radon Media or features of Radon Media, to you or to Users generally; or create usage limits for Radon Media. We may permanently or temporarily terminate or suspend your access to Radon Media without notice and without liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for any other reason at our sole discretion. Upon termination for any reason, you continue to be bound by this Agreement.
User Content
Some areas of Radon Media allow Users to submit, provide, or otherwise make available content such as videos, images, music, text, comments, questions, and other content or information (any such materials a User submits, provides, or otherwise makes available on Radon Media is referred to as “User Content”).
We claim no ownership rights over User Content created by you. The User Content you create remains yours.
By submitting, providing, or otherwise making available any User Content on or through Radon Media, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Radon Media a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with Radon Media, including without limitation for promoting and redistributing part or all of Radon Media (and derivative works thereof) in any media formats and through any media channels.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or Likeness in the manner contemplated by Radon Media and this Agreement, and each such person has released you from any liability that may arise in relation to such use.You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.
Your User Content and Radon Media’ use thereof as contemplated by this Agreement and Radon Media will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
Radon Media may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
Radon Media takes no responsibility and assumes no liability for any User Content that you or any other User submits, provides or otherwise makes available over Radon Media. You shall be solely responsible for your User Content and the consequences of submitting it, providing it, or otherwise making it available on Radon Media, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
Customer Data
4.1 Customer Data
Some areas of Radon Media may allow Radon Media to collect information from your current or potential customers, website visitors or end-users (collectively, “Customer Data”).
4.2 Use of Customer Data
By submitting or causing to be submitted Customer Data to Radon Media, you hereby grant, and represent and warrant that you have all rights necessary to grant, all rights and licenses to the Customer Data required for Radon Media and its subcontractors and service providers to provide Radon Media. Radon Media shall have no right to sublicense or resell Customer Data, except however, that you agree that Radon Media may collect, analyze, and use data derived from Customer Data, which may include personally identifiable data and/or information collected from or about an individual but which does not identify the individual personally for purposes of operating, analyzing, improving, or marketing Radon Media and any related services. If Radon Media shares or publicly discloses information (e.g., in marketing materials, or in application development) that is derived from Customer Data, such data will be aggregated or anonymized to reasonably avoid identification of a specific individual. You further agree that Radon Media will have the right, both during and after the term of this Agreement, to use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of the anonymized, aggregated data.
4.3 Your Responsibilities for Customer Data
In connection with Customer Data, you hereby represent, warrant, and agree that: (a) you have obtained or will obtain the Customer Data lawfully and/or have not engaged in material misrepresentation, deception or other fraudulent or improper means to cause the Customer Data to be collected by Radon Media; (b) the Customer Data does not and will not violate any applicable laws or any person or entity’s proprietary or intellectual property rights; (c) all Customer Data has and will be collected by you in accordance with a privacy policy that permits Radon Media to share, collect, use, and disclose such Customer Data as contemplated under these Terms, and if required by applicable law, pursuant to consents obtained by you to do each of the foregoing; (d) you are solely responsible for ensuring compliance with all privacy laws in all jurisdictions that may apply to Customer Data; (e) Radon Media may exercise the rights in Customer Data granted hereunder without liability or cost to any third party; and (f) the Customer Data complies with the terms of these Terms. For purposes of clarity, Radon Media takes no responsibility and assumes no liability for any Customer Data, and you will be solely responsible for its Customer Data and the consequences of collecting or sharing it hereunder. You may not submit, or cause to be submitted, any Customer Data that includes a social security number, passport number, driver’s license number, or similar identifier, credit card or debit card number, employment, financial or health information , or any other information which may be subject to specific data privacy and security laws including, but not limited to, the Gramm-Leach-Bliley Act (GLBA), Children’s Online Privacy Protection Act (COPPA) or the Health Insurance Portability and Accountability Act (HIPAA), or which could give rise to notification obligations under data breach notification laws, without Radon Media’ prior written approval.
4.4 Security Incidents
In the event that Customer Data is disclosed to or accessed by an unauthorized party, Radon Media will notify you and use reasonable efforts to cooperate with your investigation of the incident. In the event we have a reasonable, good faith belief that an unauthorized party has accessed Customer Data, we will promptly notify you and will use reasonable efforts to cooperate with your investigation of the incident. If such an incident triggers any third-party notice requirements, you (not Radon Media) shall be solely responsible for the timing, content, cost and method of any such notice and compliance with applicable laws. You (not Radon Media) bears sole responsibility for adequate security, protection and backup of Customer Data when in your or your representatives’ or agents’ possession or control. We are not responsible, and you are fully responsible, for what your authorized Users do with Customer Data.
4.5 No Responsibility for Backups
Radon Media will not be responsible for any backup, recovery or other steps required to ensure that Customer Data is recoverable in the case of data loss. You are solely responsible for backing up your Customer Data on a regular basis, and taking appropriate steps to safeguard and ensure the integrity of your Customer Data.
4.6 Rights to Customer Data
You own all right, title and interest (including all Intellectual Property Rights) in and to Customer Data.
Our Proprietary Rights
Except for your User Content, Radon Media and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Radon Media Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Radon Media and its licensors (including other Users who post User Content to Radon Media). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Radon Media Content. Use of the Radon Media Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about Radon Media, including without limitation about how to improve Radon Media or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Radon Media under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Radon Media does not waive any rights to use similar or related ideas previously known to Radon Media, or developed by its employees, or obtained from sources other than you.
Subscription; Fees and Payment
6.1 Fees
We will charge you fees (“Fees”) for your use of Radon Media. You agree to pay any and all Fees specified in an ordering document or online order for your access and use of Radon Media (“Ordering Document”). For the most current information about our pricing and payment, please review our Pricing and Payment Terms, which are incorporated by reference herein. Radon Media may add new services for additional fees and charges, and add or amend fees and charges for existing services, at any time in its sole discretion. If we add or amend our Fees, we will update our Pricing and Payment Terms. Any change to our Pricing and Payment Terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement; provided however that if we have offered a specific duration and Fees for your use of Radon Media, we agree that the Fees will remain in force for that duration.
6.2 Special Offers
In cases of a Trial Offer of any kind, a new client can only use it once as the purpose is to become familiar with the product. You will be billed automatically after the trial ends unless you inform us of to cancel it before the start of your monthly Radon Media subscription. You further acknowledge and agree that the purpose of the trial is not for getting “free work” or deeply discounted work done and if—at Radon Media’s sole discretion—we determine this is the case (e.g. we see repeat complaints, while you are also asking for more work or the own the work completed, and asking to cancel simultaneously) we reserve the right to terminate any account and retain all ownership rights to the work.
In the case of Demo Special Offer of any kind, a client can only sign up once as the purpose of this Demo Special is to give new clients who signed up for the Demo Special the full service experience and exclusive offers not available with the Trial Offer. You further acknowledge and agree that you will not abuse this Demo Special Offer and if —at Radon Media’s sole discretion—we observe that this is the case (e.g. you sign up, cancel the account and sign up again) we reserve the right to terminate any account and retain all ownership rights to the work.
6.3 Continuous Subscription Services; Automatic Billing and Policies
Unless otherwise provided in an Ordering Document any purchases for access and use of Radon Media are on an automatically renewing subscription basis. YOUR Radon Media SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF YOUR SUBSCRIPTION TERM IDENTIFIED IN YOUR ORDERING DOCUMENT FOR SUBSEQUENT TERMS EQUAL IN LENGTH TO THE INITIAL SUBSCRIPTION TERM (EACH A “SUBSCRIPTION TERM”) UNLESS AND UNTIL YOU CANCEL YOUR Radon Media SUBSCRIPTION IN ACCORDANCE WITH THE CANCELLATION PROCEDURES IDENTIFIED IN SECTION 6.3 OF THIS AGREEMENT. When you purchase Radon Media, you expressly acknowledge and agree that: (1) Radon Media is authorized to charge you at the beginning of each Subscription Term the Fees identified in an Ordering Document, any applicable taxes, and any other charges you may incur in connection with your use of Radon Media, for as long as your subscription continues; (2) Radon Media does not accept partial payments for the monthly subscription and (3) your subscription is continuous until you cancel it or Radon Media suspended, discontinued or terminated it in accordance with this Agreement. You acknowledge and agree that the amount billed may vary due to promotional offers, changes in your subscription plan, changes in applicable taxes, and changes in Fees in accordance with Sections 6.1 and 6.3 and you authorize us to charge your payment method for the changed amounts. You acknowledge and agree that in the event of a failed payment of at least three-times, your subscription will be automatically be downgraded to our lowest advertised plan for continued, uninterrupted service. In the event that payment still fails and you do not update your payment information, Radon Media at its sole discretion will terminate your account which will include eventual deletion of any related user(s), data, content, and/or webpages, etc. we may be hosting on your behalf.
6.4 Cancellation; Refunds
You may cancel your Radon Media Account or the Radon Media Service at any time. To cancel your Radon Media Account or the Radon Media Service, you must notify us at least one (1) business day before the start of the next Subscription Term using the appropriate functionalities of Radon Media (e.g. live-chat) or by contacting us at info@radon-media.com; to finalize your cancelation, and any pending refund if you are within the 14-day satisfaction guarantee period, you agree and acknowledge to complete a simple cancelation form. There will be no refunds or credits for partial months of service or for periods in which your Subscription remains unused. You acknowledge and agree for Quarterly and Annual Subscriptions, there will be no refund or credits past the 14-day satisfaction guarantee since these are contractual time-based commitments given on your part in exchange for a generous discount. For Monthly Subscriptions there are no refunds, credits, or partial months credits given beyond the 14-day satisfaction guarantee period. You acknowledge and agree that if you request a refund as part of the 14-day satisfaction guarantee, that then, if the refund is issued, all intellectual property rights to all work produced for your account are forfeited and all ownership rights of said work revert exclusively to Radon Media. Further, you acknowledge and agree that the 14-day satisfaction guarantee period starts from the moment you sign-up, whether that be for a trial sign-up, regular (no trial) sign-up, or any other promotion we may offer. The days referred to in the “14-day satisfaction guarantee period” is in regular calendar days. Also in the event of cancellation, Radon Media will immediately if not eventually delete any related user(s), data, content, and/or webpages, etc. we may be hosting on your behalf. You are advised to make copy of everything for you will eventually lose access.
For renewal purposes, if adequate written request is not received and your credit card is subsequently charged, you will not receive a refund. You are also not eligible for refund if the written refund request is issued more than 24 hours since the payment was made and there is account activity logged in the Radon Media App during that time. Radon Media may refuse a refund request if, in our sole discretion, we find evidence of fraud, refund abuse, or other manipulative behavior. This includes but not limited to any case involving a chargeback which Radon Media deems to be unjustified, unethical, and/or part of the latter.
In the event that Radon Media suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any Radon Media Property, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. You acknowledge and agree that in the event that any refund is given, the amount will be minus the typical ~3-4% credit card processing fee since credit card companies now keep those fees even in the event of a refund to the cardholder. Some of the services available on Radon Media may require direct payment be made to a third-party. In this case, any refund policy is not enforced by Radon Media, and is between the third-party and you.
6.5 Payment Information; Taxes
We or our third-party payment processors will charge your Fees and any other charges you may incur to the payment method you provide when you register for a Radon Media Account or you identify in an Ordering Document. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with Radon Media must be accurate, complete, and current. A valid (active) payment method on file that is linked with your account is required at all times. You may change your payment method by changing the information in your Radon Media Account. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Radon Media at the prices in effect when such charges are incurred. If we are unsuccessful in charging your payment method and have still not received payment within two (2) business days after informing you, we may (without liability to you) suspend or temporarily disable all or part of your access to Radon Media and we shall be under no obligation to provide any or all of Radon Media while the Fees concerned remain unpaid. This does not affect any other rights and remedies available to us. You will pay any and all applicable taxes, if any, relating to any such payments of Fees, purchases, transactions or other monetary transactions.
6.6 Use of Service; Turnaround times et. al.
Projects are defined, generally, as a set of one or more tasks (or steps). Often, to keep things simple and for deliverables to be easy to locate later, we recommend one deliverable per project. Turnaround time refers to the duration a deliverable is completed. The average estimated turnaround time we aim at for completing each deliverable is normally 1-2 days depending on the package you are in and the complexity of the project. Examples of deliverables are drafting copy, design concept or automation set-up. This is different from a project or deliverable which entails more research or requirement gathering (like a motion graphics video) and which will have a longer turnaround time (or even need to be broken into more than one project, e.g. one project for the script, and one project for the video creation). For the Partner package, the average estimated turnaround time we aim for is 1 day (and you’re generally given higher priority in the work queue) while for lower packages the average estimate is 1-2 for most deliverables.
Featuring Examples
On occasion, we may choose to feature the copy, design and / or video (or similar marketing deliverable) that we created for you, including names, trademarks, service marks or logos included in the design or video as Examples of Our Work. You grant us a perpetual, worldwide, royalty-free, non-exclusive right and license to use any version of the copy, design or video, or any portion of thereof, including without limitation names, trademarks, service marks or logos on these Examples of Work, for the limited purpose of Radon Media’s marketing and promotional activities. For example, we may feature the landing pages on our Examples page or on the pricing page or on our webinars. You waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have to your names, trademarks, service marks or logos and any right of inspection or approval of any such use. You can opt out of being featured by contacting info@radon-media.com. This Section does not affect any rights you may have under applicable data protection laws.
Reviews and Testimonials
If you submit a testimonial or review, you agree that such submission(s) will not be confidential and may be used by us in any manner. By submitting or sending a testimonial or review to us (whether thru email, chat, 3rd party site, or other), you: (i) represent and warrant that it is original to you, that no other party has any rights thereto and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such review or testimonial (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name. In no event are we obligated to use, reproduce, or publish any testimonial or review.
Privacy
We care about the privacy of our Users. You understand that by using Radon Media you consent to the collection, use and disclosure of your personally identifiable information and aggregate and/or anonymized data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States. IF YOU CREATE OR USE YOUR OWN PRIVACY POLICY OR STATEMENT FOR YOUR BUSINESS IN CONNECTION WITH THE USE OF Radon Media, YOU HEREBY ACKNOWLEDGE AND AGREE TO INCLUDE IN SUCH PRIVACY POLICY OR STATEMENT, A DISCLOSURE WITH RESPECT TO OUR COLLECTION, USE AND DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION OF YOUR CUSTOMERS DISCLOSED TO US THAT IS CONSISTENT AND IN ACCORDANCE WITH OUR PRIVACY POLICY, INCLUDING WITH RESPECT TO THE POTENTIAL DISCLOSURE OF SUCH INFORMATION TO THIRD PARTY PARTNERS.
Security
Radon Media uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Third-Party Links and Information
Radon Media may integrate with or contain links to third-party materials, sites, information, products, or applications (collectively “Third Party Services” that may make available to you their content and products, including, without limitation, domain registrars from which you may purchase a domain name, email providers, third party licensed content, and ecommerce services, that are not owned or controlled by Radon Media. Radon Media does not endorse or assume any responsibility for any such Third Party Services. If you access a Third Party Service from Radon Media or share your User Content on or through any Third Party Service you do so at your own risk, and you understand that this Agreement and Radon Media’ Privacy Policy do not apply to your use of such Third Party Services. You expressly relieve Radon Media from any and all liability arising from your use of any Third Party Service including without limitation User Content submitted by other Users. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result thereof. Additionally, your dealings with or participation in promotions of advertisers found on Radon Media, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Radon Media shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
Indemnity
You agree to defend, indemnify and hold harmless Radon Media and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to Radon Media, including any data or content transmitted or received by you; (b) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (d) your violation of any applicable law, rule or regulation; (e) User Content or any content that is submitted via your Radon Media Account including without limitation misleading, false, or inaccurate information; (f) your willful misconduct; or (g) any other party’s access and use of Radon Media with your unique username, password or other appropriate security code.
No Warranty
Radon Media is provided on an “as is” and “as available” basis. Use of Radon Media is at your own risk. To the maximum extent permitted by applicable law, Radon Media is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Radon Media or through Radon Media will create any warranty not expressly stated herein. Without limiting the foregoing, Radon Media, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that Radon Media will meet your requirements; that Radon Media will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that Radon Media is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of Radon Media is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of Radon Media.
Further, Radon Media does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through Radon Media or any hyperlinked website or service, and Radon Media will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Radon Media, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, Radon Media. Under no circumstances will Radon Media be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of Radon Media or your account or the information contained therein.
To the maximum extent permitted by applicable law, Radon Media assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from Radon Media; (v) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through Radon Media; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Radon Media, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Radon Media hereunder or $100.00, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Radon Media has been advised of the possibility of such damage.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.
Governing Law, Arbitration, and Class Action/Jury Trial Waiver
14.1 Governing Law
You agree that: (i) Radon Media shall be deemed solely based in Florida; and (ii) Radon Media shall be deemed a passive service that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Florida. This Agreement shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Venice, Florida for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Venice, Florida is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
14.2 Arbitration
Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Radon Media. For any dispute with Radon Media, you agree to first contact us at info@radon-media.com and attempt to resolve the dispute with us informally. In the unlikely event that Radon Media has not been able to resolve a dispute it has with you after ninety (90) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Venice, Florida, unless you and Radon Media agree otherwise. Each party (regardless of the purpose you are using Radon Media for—personal, non-profit, business, organizational) will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction in the State of Florida. Nothing in this Section shall be deemed as preventing Radon Media from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
14.3 Class Action/Jury Trial Waiver
With respect to all persons and entities, regardless of whether they have obtained or used Radon Media for personal, commercial or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s Claims. You agree that, by entering into this Agreement, you and Radon Media are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
14.4 Limitation on Claims
You and Radon Media agree that any cause of action arising out of or related to Radon Media and/or your use thereof must commence must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
General
15.1 Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Radon Media without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
15.2 Notification Procedures and Changes to the Agreement
Radon Media may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Radon Media in our sole discretion. Radon Media reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Radon Media is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Radon Media may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of Radon Media after any such change constitutes your acceptance of the new Terms of Radon Media. If you do not agree to any of these terms or any future Terms of Radon Media, do not use or access (or continue to access) Radon Media.
15.3 No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Radon Media’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
15.4 Contact
Please contact us at info@radon-media.com with any questions regarding this Agreement.
15.5 No Poaching
Unless as a result of a generally available job posting, no Users will poach any employee / contractor of Radon Media with whom they have been engaged on any Project, at least not without payment of reasonable agreed compensation or buy-out fee, unless Radon Media expressly provides in writing that this compensation or buy-out fee is not needed or waived. 15.5.a Unless given explicit written permission, Users will not directly or indirectly solicit business from any other User or brand / client of another User introduced via Radon Media, and with whom they have been engaged with the previous 12 month period. 15.5.b Users will not directly or indirectly enter into any contract for similar services with any client of another User introduced by Radon Media and with whom they have been engaged in the provision of services within the previous 12 month period.
15.6. Communicate between Users (Clients / Talent)
Unless otherwise agreed to in writing, no User shall communicate with another User, including and especially with Client Users, nor any Client User with another Radon Media User outside of the following agreed upon communication channels, unless otherwise expressly permitted in writing: Radon Media live chat, live chat widget on our homepage / pricing page, email (see contact below), our telephone number.
15.7. Non-Disclosure of Non-Public / Info Product Materials
Material given to User in the course of work with Radon Media is proprietary, copyrighted and developed solely and specifically within Radon Media or for your own personal use, in case where the material given is a purchased info product. All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made are for personal use in or in conjunction with the work you do for Radon Media or as part of your purchase of said info product (for personal use) only. Original materials that have been provided to User are for User individual use only and a single-user license, where explicitly specified. User agrees that such proprietary material is solely for User’s own personal use. Any disclosure, reproduction and sale by User to a third party is strictly prohibited. Program content may not be sold, tape recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Radon Media. The exception to this is in cases where a Client User is a paying customer of Radon Media’s done-for-you creative services. In this case both Radon Media and the User(s) who input efforts to create said services / service deliverables agree all rights to said work immediately transfer to Client User upon completion of the project and assuming there is no outstanding (unpaid) balance on the Client User’s account.
15.8. No Transfer of Intellectual Property
User is not authorized to use any of Company’s intellectual property, except where explicitly purchased and / or agreed upon in writing. All intellectual property, including Company’s copyrighted training program and/or courses / ebooks / branding marks and assets / operations materials, shall remain the sole property of Radon Media No license to sell or distribute Company’s materials is granted or implied. User further agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights of Radon Media nor of other third-parties, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) User agrees not to disclose such information to any other person or use it in any manner other than in discussion within the Company.
Further, by signing below, User agrees that if User violates, or displays any likelihood of violating, any of these agreements contained within this document, Radon Media will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
15.9. Client Responsibility
Client User accepts and agrees that Client User is 100% responsible for their progress and results from use of Radon Media’s info products and from use of Radon Media’s subscription services wherein Radon Media completes technical and/or creative tasks and projects at the Client User’s request. Company makes no representations, warranties, or guarantees verbally or in writing. Client User understands that because of the nature of the program and extent, the results experienced by each User may significantly vary. Client User acknowledges that Radon Media assumes no responsibility for errors or omissions that may appear in any info product materials, service deliverables, or tasks complete. However, for the latter reason, this is why our service includes no official limit on revisions. Client User acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client User will reach their goals (e.g. “double my sales”) as a result of purchase or participation.
15.10. Force Majeure
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, pandemic or epidemic, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, Radon Media’s option to deliver any pending or delayed product or service shall be extended without liability for the period of delay or inability to perform due to such occurrence.
15.11. Severability / Waiver
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
15.12. Limitation of Liability
Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable.
Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.
15.13. Mutual Non-Disparagement
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
15.14 Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with Radon Media in connection with Radon Media, shall constitute the entire agreement between you and Radon Media concerning Radon Media. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
15.16 Weekends & Holidays
On occasion, the Radon Media virtual office will be closed or have limited availability for major U.S. holidays (Thanksgiving, Christmas Eve / Day, New Year’s Eve / Day, etc.) or for a company-retreat. We make no guarantees, but will do our best to remind you in advance of when these will occur. We are also closed on the weekends with limited support availability. Please note that such holidays / office closures do not necessarily mean we will not be working to achieve your desired (or the communicated via our app) estimated delivery date for projects or tasks.
15.17 Earnings / marketing results disclaimer
User acknowledges that every effort has been made to accurately represent Radon Media and its potential to the User. Even though this industry is one of the few where one can (sometimes) write their own check in terms of earnings, there is no guarantee that you will earn any money using the techniques and ideas in these materials and/or in this service. Examples in these materials are not to be interpreted as a promise or guarantee of earnings or results. Earning potential is entirely dependent on the person or team using our product/service, ideas, and techniques. Real success is never “get rich quick.”
Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to learning the product / service, ideas and techniques mentioned, your finances, learning or knowledge of various skills, and other factors. Since these factors differ according to individual Users, we cannot guarantee your success or income level. Nor are we responsible for any of your actions as it relates to how to choose to use our products / services.
Materials in our product and our website may contain information that includes or is based upon forward-looking statements. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial / marketing performance.
Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s.
