Last modified: October 28, 2012
Welcome to The Radsport!
Thanks for using our products and services (“Services”). The Services are provided by The Radsport. (“The Radsport”), located in Boulder, Colorado, United States.
By using our Services, you are agreeing to these terms. Please read them carefully.
Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
Using our Services
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not The Radsport’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Privacy and Copyright Protection
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
Our editors typically include images as part of their blog posts and the images that they are authorized to use is the following:
- Images that are licensed from vendors.
- Images that are supplied to our editors or released into the public domain by public relations and marketing companies for press or other purposes.
- Images that are supplied by readers, with the implied representation that the person submitting the image owns the copyright in the image and the right to give it to us for use on our site.
- Images that are published on Photobucket, Flickr or other public photos sites with licenses granted under Creative Commons, with attribution in accordance with the CC license granted in each case.
- Images that are commissioned by The Radsport.
Images that we believe to be covered by the Fair Use Doctrine, such as:
- Thumbnail images of 150 x 150 pixels or less, cropped or reduced in size from the original source.
- Images that are used to illustrate a newsworthy story, where the image itself tells a story.
- Images used in a transformative manner, such as parody.
- Images that are widely distributed and have become part of the news.
If The Radsport receives any notice that an image is posted up inappropriately such as not keeping with the terms listed above, we reserve the right to remove that image.
If you think we have published an image or text that violates your copyright, we will address your concerns; however, if the image falls into one of the listed categories above and we believe that our use of the image is legitimate, we will not remove it from the site.
To make our comments more interesting and more informative, the list below is a guideline that all users should use to post/view any comments:
- If a comment is made using your identity it will be deemed to have been posted by you.
- Abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material are prohibited to post on our site.
- Do not intentionally make, false or misleading statements.
- Do not post any material that will violate copyright.
- Do not post any confidential or sensitive information that may in breach with the law.
- Keep all comments relevant and “on topic” to the particular site posting open for comments.
Your Content in our Services
Some of our Services allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload or otherwise submit content to our Services, you give The Radsport (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we’ll be sorry to see you go. The Radsport may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
Liability for our Services
WHEN PERMITTED BY LAW, THE RADSPORT, AND THE RADSPORT’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE RADSPORT, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, THE RADSPORT, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify The Radsport and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between The Radsport and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of Colorado, U.S.A., excluding Colorado’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Boulder County, Colorado, USA, and you and The Radsport consent to personal jurisdiction in those courts.
For information about how to contact The Radsport, please visit our contact page.