RADIUS NETWORKS TERMS OF SERVICE
Acceptance of Terms
By using the website at www.flybuy.com or any portion of the site (the “Site”) or any related services provided by Radius Networks, Inc. (including but not limited to APIs, embeds, and other off-site functionality) (the “Services”), you are agreeing to these Terms of Service. You also may be subject to additional guidelines, rules, policies or other terms of service posted on portions of the site. The Site and Services are only available to individuals who (a) are at least 13 years old and (b) either 18 years old or possess legal parental or guardian consent. Radius Networks may, in its sole discretion, modify or revise these Terms of Service at any time, and you agree to be bound by such modifications or revisions.
REGISTRATION & PASSWORDS
To use some of the features on the Site or Services, you may be required to create an account. Any required fields that are submitted as part of the registration process must be accurate and complete. You are solely responsible for activity that occurs on your account. You should keep your password and/or API key confidential and agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
ADDITIONAL TERMS & GUIDELINES
When using the Site or Services, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms. Such additional terms and guidelines include third-party licenses that may apply to other data on Radius Networks (below).
YOUR CONTRIBUTION AND USE OF DATA AND CONTENT
Content. To the extent you lawfully contribute original copyrightable content (as distinguished from raw or underlying facts, data, and ideas) to Radius Networks, you grant Radius Networks a perpetual, worldwide, irrevocable, royalty-free license to host, serve, reproduce, distribute, and develop derivative works of such content. Also, in some cases, the use of certain content may be subject to a third-party agreement (e.g. a Creative Commons license); it is your responsibility to honor such agreements including, where applicable, to make others aware of any agreements conditioning your or their use, distribution, or manipulation of such content.
By using the Site you represent and warrant that any User Content posted by you does not contain material or links to material that infringes upon a third party’s intellectual property or proprietary rights including, without limitation, copyright, patent, trademark, trade secrets, or rights of publicity or privacy. You further represent and warrant that you have all necessary rights and authority to provide and have posted on the Site the User Content, and to transfer such ownership of such User Content to Radius Networks, and that Radius Networks has the right but not the obligation to monitor and edit or remove any activity or User Content. You agree to accept full liability and responsibility for all User Content submitted by you or on your behalf for posting on the Site. You further acknowledge that the above language does not govern your use of Radius Networks-owned content, marks, intellectual property, and other elements of the Site and Services. Section 9 below (“Proprietary Rights and Trademark”) applies to such Radius Networks-owned materials.
US SHORT CODE MESSAGING
- When you opt-in to the service, we will send you an SMS message to confirm your signup.
- You can cancel the SMS service at any time. Just text “STOP” to 38245. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
- If at any time you forget what keywords are supported, just text “HELP” to 38245. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
- We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***
- As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive a message for every order created and subsequent messages for pickup instructions. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to flybuy-support@radiusnetworks.
By using the Site or Services, you agree:
Not to upload any material that:
- infringes on any copyright or other intellectual property right of any other person or entity;
- is illegal, defamatory, libelous, deceptive, fraudulent, obscene or offensive;
- would be considered spam, unsolicited advertising or low quality data uploaded for the purpose of harming services;
- contains software viruses or other code designed to disrupt computing services;
- as uploaded violates a valid third-party agreement.
Not to take any action that interferes or may interfere, based on our sole discretion, with operations of the Site or Services, including but not limited to:
- placing an unreasonable load on Radius Networks infrastructure;
- circumventing security features used to prevent or restrict access to or use of the Site or Services;
- creating user accounts by automated means;
- impersonating any person or entity;
- using the Site or Services for any illegal purpose
- using any embeddable or syndicatable features of the Site or Services in a way that alters or circumvents how Radius Networks designed such features to be used;
- using of any embeddable or syndicatable features of the Site or Services for the primary purpose of gaining advertising or subscription revenue.
- selling, reselling, redistributing, or sublicensing the Services or otherwise charging third parties for access to the Site or Services. For the avoidance of doubt, these commercial restrictions do not generally apply to data and content accessed via the Services, but rather to the use of the Services themselves — except in certain circumstances noted above (see “Your Contribution and Use of Data and Content”).
Radius Networks may at its sole discretion restrict and limit access to API calls. You agree to abide by these limitations (such as daily usage quotas). You agree not to use methods (such as using multiple IP addresses) to get around these limitations. You also agree to make reasonable good faith efforts to ensure that others’ uses of any tools or software you create that use the Radius Networks API do not result in any of the prohibited uses under these Terms of Service. Radius Networks, in its sole discretion, may at any time change the specifications of or restrict or limit access to the APIs. Radius Networks may suspend or throttle Services until we believe the number of API calls will not exceed capacity limitations. You will not take steps to circumvent any technical measures Radius Networks may put in place to implement throttling or suspension. You may not use the Site or the Radius Networks API for customer or lead generation, general marketing and sales research, inclusion in paid services or real-time ad targeting (Contact Radius Networks if you are interested in any of these use cases). Radius Networks reserves the right, in its sole discretion, to charge fees for use of or access to specific levels of service around the Radius Networks API or any portion of the services provided by it. If Radius Networks decides to charge fees for Services, such fees and additional terms and conditions will be disclosed to you prior to the effective date when such fees or requirements would be imposed. If you do not agree to such charges at the time of the fee disclosure, simply discontinue your use of the Radius Networks API. You may not use any portion of the services or data provided to you through the Radius Networks API to (a) offer any product or service that competes with Radius Networks, (b) provide third parties with any of the data except in conjunction with a product or service of your own, or (c) provide any of the data to third parties in bulk. You may not systematically query the Radius Networks API in a manner to obtain and cache all Data for a given locality, Region or Country. Radius Networks does allow for caching and storing of data provided through the Radius Networks API, provided you delete data in compliance with all expiry headers, but encourages use of the Radius Networks API and others services that provide more accurate and up-to-date values.
Your license to Radius Networks APIs under these Terms of Service continues until terminated by you or Radius Networks. You may terminate the license by discontinuing use of the APIs. We may terminate the license to the APIs without liability at any time for any reason, with or without notice. Additionally, your rights to use the APIs will terminate immediately if you violate any of the terms and conditions herein. Upon expiration or termination of the license granted herein, you will discontinue any and all use of the Radius Networks APIs. You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“content”), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. You agree that this web site may expose you to content that may be objectionable or offensive. The site editor will not be responsible to you in any way for content displayed on this web site, nor for any error or omission.
By using the Site you represent and warrant that any user content posted by you has been authorized by the user through an opt-in or terms of service between you and the user. This includes, but is not limited to mobile device identifiers such as MAC addresses, IDFA and Android ID’s.
SERVICE MODIFICATIONS AND AVAILABILITY
Radius Networks reserves the right, at its sole discretion, to modify or discontinue the Site or Services, at any time, for any or no reason, and without notice or liability. We also schedule system downtime from time to time, and unplanned system outages may occur. We shall have no liability whatsoever for the resulting unavailability of the Site or Services or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay or non-delivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site or Services. We reserve the right to delete or not use any data that you contribute to Radius Networks through the website or API.
PROPRIETARY RIGHTS AND TRADEMARK
The visual interfaces, graphics, design, compilation, code, products, services, and all other proprietary elements of the Site and Services provided by Radius Networks (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except as otherwise designated here and on the Site or Services, all Materials contained on the Site or Services are the property of Radius Networks or its subsidiaries or affiliated companies and/or third-party licensors. Except as expressly authorized by Radius Networks, you agree not to sell, sell access to, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the proprietary elements of the Site and Services.
RADIUS NETWORKS MARKS
All trademarks, service marks, and trade names are proprietary to Radius Networks or its affiliates and/or third-party licensors. Except as expressly authorized by Radius Networks, you may not use or display any mark, name, trade name, or logo appearing on the site without the owner’s prior consent or other legal authorization.
EMBEDS, SYNDICATION, APIS
Radius Networks hereby grants you a limited license to use its marks in association with embeddable or syndicatable features of the Site or Services, or with uses of Radius Networks APIs, provided that your use of such features (a) does not alter or modify any brand features Radius Networks makes available for use with such features and APIs, (b) complies with Radius Networks’s then-current brand usage policies, which Radius Networks reserves the right to revise, in its sole discretion, from time to time, and (c) complies with all other terms and conditions herein. You shall abide by Radius Networks’s API attribution requirements, which are outlined in the Radius Networks API documentation. Radius Networks reserves the right to change or modify such attribution requirements.
RESERVATION OF RIGHTS
DISCLAIMERS; NO WARRANTIES
RADIUS NETWORKS IS NOT RESPONSIBLE FOR ANY INACCURACIES IN ANY MATERIALS OR DATA ACCESSED VIA THE SITE OR SERVICES REGARDLESS OF THE CAUSE: WHETHER ATTRIBUTABLE TO USERS OR TO RADIUS NETWORKS’S SYSTEMS. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF SITE OR SERVICES. WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY COMMUNICATION WITH OTHER USERS. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY HARDWARE AND SOFTWARE DUE TO TECHNICAL PROBLEMS ON THE INTERNET OR AT THE SITE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH SITE OR SERVICES. UNDER NO CIRCUMSTANCES SHALL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF SITE OR SERVICES OR FROM ANY CONTENT POSTED ON THE SITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. SITE OR SERVICES ARE PROVIDED AS-IS AND AS AVAILABLE. WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO US$50. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD AND UPLOAD OF ANY MATERIAL THROUGH THIS SITE IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. RADIUS NETWORKS NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY PERSON OR ENTITY TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SITE OR SERVICES. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF SERVICE INURE TO THE BENEFIT OF RADIUS NETWORKS INC., SHAREHOLDERS, AFFILIATES AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS AND, IN EACH CASE, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You agree to indemnify, defend and hold harmless Radius Networks, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from your use of the Site or Services, including APIs, provided hereunder by Radius Networks, any data you provide, any violations by you of any applicable laws or regulations, and any breaches by you of these Terms of Service.
The failure of Radius Networks to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Radius Networks.
RELATIONSHIP OF PARTIES
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service, and these Terms of Service are solely between you and Radius Networks and are not intended to be for the benefit of any third party. If there is a dispute between participants on this Site, or between users and any third party, you understand and agree that Radius Networks is under no obligation to become involved. In the event that you have a dispute with one or more users or third parties, you hereby release Radius Networks, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or services.
GOVERNING LAW AND JURISDICTION
Radius Networks is run out of the US. This Agreement shall be governed by the laws of Delaware. If you use this Site outside the USA, you are responsible for following applicable local laws.
This is the entire agreement between you and Radius Networks relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Radius Networks as set forth above.