Terms of Use

The following terms of use described below (“Terms of Use”) outline your obligations when using the service(s) (“Service”) provided by RadioFlag, Inc., a Delaware corporation (“RadioFlag” or “we”), whether through a mobile application or through the RadioFlag website located at www.radioflag.com (“Site”). You should also review RadioFlag’s current privacy policy is available at Privacy (“Privacy Policy”), which is incorporated by this reference.

By accessing or using any part of the Site or Services you agree to become bound by these Terms of Use. If you do not agree to the Terms of Use, you may not access or use the Site of Services.

Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you are under 13 years old, do not attempt to register or use the Services.

Rights to the Site and the Service

All right, title, and interest in and to the Site and the Services (excluding content provided by users) are and will remain the exclusive property of RadioFlag and, if applicable, its licensors. The Site and Services are protected by copyright, trademark, patent and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the RadioFlag name or any of the RadioFlag trade name, trademarks, copyrights, domain names, and other distinctive brand features. RadioFlag may change, suspend or discontinue the Site and/or Services, in whole or in part, including any content for any reason, at any time, including the availability of any feature or content.

Any feedback, comments, or suggestions you may provide regarding RadioFlag, or the Site or Services is entirely voluntary and we will be owned exclusively by RadioFlag. You agree that that RadioFlag is free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Registration and Conduct

You are responsible for safeguarding the password and User ID that you use to access the Site and Services, and for any activities or actions under your password or User ID. We encourage you to use passwords that use a combination of upper and lower case letters, numbers and symbols with your account.

You promise not to use the Site or Services for any purpose that is unlawful or prohibited by any applicable law, rule, regulation or these Terms of Use, or any other purpose not reasonably intended by RadioFlag. Without limitation, you agree not to use the Site or Services:

  • for any illegal or unauthorized purpose, including without limitation, to post or transmit any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, or profane;

  • to abuse, harass, threaten, impersonate or intimidate other RadioFlag users;

  • to create or submit unwanted email or “spam” to any other RadioFlag users or any URL

  • to post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any RadioFlag user;

  • in any manner that imposes, or may impose (in our sole determination), an unreasonable or disproportionately large load on our infrastructure; or which interferes or attempt to interfere with the proper working of the Site or Services; or which bypasses or attempts to bypass any measures we may use to prevent or restrict access to the Site or Services.

Content

By creating and posting content to RadioFlag, you warrant that you own all rights to the content, agree that the content will be dedicated to the public domain and that you will not object to the use of the content by RadioFlag in any form, manner or context. By submitting, posting or displaying content on or through the Site or Services, you grant RadioFlag a perpetual, irrevocable, royalty-free, fully paid-up, transferable, sublicensable, non-exclusive, worldwide license to use, reproduce, distribute, display and perform (whether publicly or otherwise), prepare derivative works of, modify, make, sell, offer to sell, import and otherwise use and exploit all or any portion of the content. You expressly understand that this license includes the right for RadioFlag to make such content available to other persons and entities with whom RadioFlag interacts for the syndication, broadcast, distribution or publication of such content on other media and services, subject to our terms and conditions for such content use.

Any use or reliance on any content or materials posted via the Site or Services or obtained by you through the Site or Services is at your own risk. RadioFlag does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications, or endorse any opinions expressed via, the Site or Services.

RadioFlag reserves the right to remove or refuse to distribute any content on the Site or Services and to terminate users or reclaim usernames and User IDs, but you acknowledge and agree that RadioFlag has no obligation to monitor any content.

The Site and Services may contain links to third party websites or resources. You acknowledge and agree that RadioFlag is not responsible for the availability of such external sites or resources, and does not endorse, and is not responsible or liable for, anything displayed on or available through or from such sites or resources. You further acknowledge and agree that RadioFlag shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

If you feel that there is content that is inappropriate, please contact helpdesk@radioflag.com, providing details in writing including the user who posted the content, the station the content was posted to, and the timestamp of the allegedly inappropriate content.Inappropriate content may include nudity, pornography, harassment, unwelcome contact, fraud or other inappropriate conduct or activity. Radioflag support will acknowledge receipt of the email within 24 hours and contact you within 3 business days to discuss the issue and seek resolution, where appropriate.

Radioflag supports free speech of any and all kinds, and therefore reserves, in its sole discretion, to define what materials are Indecent, Obscene, or Profane. Radioflag reserves the right to investigate any claim of inappropriate content and take appropriate action against anyone who, in Radioflag's sole discretion, violates this provision, including, without limitation, removing the offending content from the Radioflag, and terminating the membership of such violators.

Copyright Complaints

RadioFlag respects the intellectual property of others and expects its users to do so as well. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. RadioFlag may also terminate access for subscribers and account holders who are infringers.

To provide RadioFlag notice of an infringement, you must provide us written communication to support@radioflag.com that sets forth the information specified by the Digital Millennium Copyright Act (“DMCA”) which may be found at http://www.copyright.gov/title17/92chap5.html#512 or a successor link thereto. You understand that you may be liable for damages (including costs and attorneys’ fees) if you misrepresent that an activity is infringing your copyright.

If someone has claimed that your content is infringing and you feel that your material does not constitute infringement, you may provide RadioFlag with a counter notification by written communication to support@radioflag.com that sets forth all of the necessary information required by the DMCA which may be found at http://www.copyright.gov/title17/92chap5.html#512 or a successor link thereto. You understand that you may be liable for damages (including costs and attorneys’ fees) if you misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, consider seeking advice of an attorney.

Legal Responsibilities

Radioflag is a US-based organization and operates from within the United States. Radioflag therefore operates within the bounds of law as defined within the United States Of America, in addition to applicable international laws on strict legal grounds only. Radioflag strives in all ventures to always be within the defined parameters of law, in order to provide the highest quality of service to our users.

If a user finds a practice of Radioflag to be in violation of local, state, or federal law within the United States of America, we ask that the user contact helpdesk@radioflag.com with the specific alleged violation and the specific legal grounds with which that violation is defined, in writing. In the case of international law, or regional laws, contact helpdesk@radioflag.com, and Radioflag will acknowledge receipt within 24 hours and contact you within 3 business days to discuss the issue and seek resolution, where appropriate.

Indemnity

You hereby agree to defend, indemnify and hold harmless RadioFlag, its affiliates, licensors, users, vendors, officers, directors and employees from any claim, liability, damage or cost (including reasonable attorneys’ fees and cost) arising from or in any way relating to your access to, or use of, the Site or Services; any violation of these Terms of Use by you; or any other acts or omissions by you or any third party using your account or RadioFlag User ID.

Warranty Disclaimers

THE SERVICE AND SITE AND ALL CONTENT THEREON ARE PROVIDED STRICTLY ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SITE AND SERVICES OR ANY CONTENT THEREON. YOU ACKNOWLEDGE AND AGREE THAT RADIOFLAG HAS NO OBLIGATION TO MONITOR THE CONTENT OF THE FLAGS POSTED THROUGH THE SITE OR SERVICE OR ANY CONTENT PROVIDED BY ANY RADIO STATION, ADVERTISERS OR OTHER CONTENT PROVIDER. YOU HEREBY RELEASE RADIOFLAG FROM ANY AND ALL LIABILITY FOR YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICES. THE SITE OR SERVICES MAY CONTAIN, OR DIRECT YOU TO SITES CONTAINING, INFORMATION THAT SOME PEOPLE MAY FIND OFFENSIVE OR INAPPROPRIATE. RADIOFLAG MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS, CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE OR SERVICES, AND RADIOFLAG WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SITE OR THE SERVICES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL RADIOFLAG OR ITS AFFILIATES, LICENSORS, USERS, VENDORS, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE UNDER EQUITY, CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR REPUTATION, OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, OR FOR ANY DIRECT DAMAGES IN EXCESS OF, IN THE AGGREGATE, $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Termination

RadioFlag may terminate or suspend your RadioFlag account immediately, without prior notice or liability, if RadioFlag has a reasonable belief that you may have breached any of the terms or conditions of these Terms of Use. Upon termination of your account, your right to use the Site and Services will immediately cease. If you wish to terminate your RadioFlag account, you may simply discontinue using the Site and Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Miscellaneous

The failure of RadioFlag to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with RadioFlag’s prior written consent. RadioFlag may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of California, without regard to the conflict of law principles thereof, and the parties submit to the exclusive jurisdiction of courts of competent jurisdiction located in Orange County, California. Both parties agree that the Terms of Use, together with the Privacy Policy, is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties.

Modifications

We may revise these terms from time to time, and the most current version will be at http://www.radioflag.com/tos. The Site and Services that RadioFlag provides are always evolving and RadioFlag may make changes from time to time without prior notice to you. In addition, RadioFlag may stop (permanently or temporarily) providing the Site or Services, or any features within the Site or Services, to you or to users generally without prior notice.