Terms of Service
TERMS OF SERVICE
Effective Date: Jan 1, 2022
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
IMPORTANT NOTICE: For U.S. and Canadian residents, you also agree that disputes with The Rad Team Inc must be resolved on an individual basis through final and binding arbitration as described in Section 8 (“Dispute Resolution”).
1. Using the Service
1.1. Your Right to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant The Rad Team Inc policies, you have a non-exclusive, non-transferable, non-sublicensable, revocable and limited right to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:
You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (such as Paypal) by minors.
You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by The Rad Team Inc, or previously been banned from playing any The Rad Team Inc game.
You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.
Login information and Your Account
You may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information"). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify The Rad Team Inc and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.
The Rad Team Inc reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights.
Unless you are using The Rad Team Inc ID, the Service supports only one Account per game on a supported device.
Any use of the Service in violation of these Use Limitations is strictly prohibited, can result in the immediate revocation of your limited right and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
Engage in any act that The Rad Team Inc deems to be in conflict with the spirit or intent of the Service or make improper use of The Rad Team Inc's support services.
Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, emulators, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any The Rad Team Inc game or any The Rad Team Inc game experience.
Modify or cause to be modified any files that are a part of the Service or any The Rad Team Inc game without The Rad Team Inc's express written consent.
Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users' experience when using the Service or playing The Rad Team Inc's games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.
You may establish only one (1) Account per person to participate in the Services offered on the Website. In the event RadPoker discovers that you have opened more than one Account per person, in addition to any other rights that RadPoker may have, RadPoker reserves the right to suspend or terminate any or all of your Accounts and terminate, withhold or revoke the awarding of any winnings and prizes. You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your Account. It shall be a violation of these Terms of Service to allow any other person to use your Account to participate in any Game.
Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Service or any The Rad Team Inc game environment.
Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service.
Attempt to gain unauthorized access to the Service, Accounts registered or used by others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by The Rad Team Inc, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including The Rad Team Inc employees, including The Rad Team Inc's customer service representatives.
Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a The Rad Team Inc employee.
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any The Rad Team Inc game, or to obtain any information from the Service or any The Rad Team Inc game using any method not expressly permitted by The Rad Team Inc.
Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service or any The Rad Team Inc game.
Collect or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
Use any The Rad Team Inc game for gambling, betting or any similar activity in which prizes or rewards can be won (directly or indirectly), including betting on the outcome of matches in which you participate as a player, irrespective of whether or not there is a fee or stake involved.
The Rad Team Inc reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. The Rad Team Inc reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.
1.2. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, THE RAD TEAM INC MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF WITH OR WITHOUT NOTICE TO YOU (i) IF YOU ARE, OR THE RAD TEAM INC SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH THESE TERMS OF SERVICE; OR (ii) FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED VIRTUAL ITEMS AND PURCHASED VIRTUAL ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND THE RAD TEAM INC IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
THE RAD TEAM INC RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
The Rad Team Inc reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your right to use the Service or a part thereof will be automatically terminated. In such event, The Rad Team Inc shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
You may terminate your Account at any time and for any reason by emailing email@example.com informing The Rad Team Inc that you wish to terminate your Account.
2.1. Games and Service
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a The Rad Team Inc game client, and the The Rad Team Inc game clients and server software) are owned by The Rad Team Inc. The Rad Team Inc reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF THE RAD TEAM INC.
2.3. Virtual Content
The Rad Team Inc owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in The Rad Team Inc games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual items, content, features, goods, services or currency appearing or originating in any The Rad Team Inc game, whether earned in a game or purchased from The Rad Team Inc, or any other attributes associated with an Account or stored on the Service.
3. User Content
3.1. Submission of User Content
3.1.1. Content Screening
The Rad Team Inc assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.
By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
The Rad Team Inc reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time The Rad Team Inc chooses, in its sole discretion, to monitor the Service, The Rad Team Inc nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
3.2. Information Use by Other Members of the Service
3.2.1. Public Discourse
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. The Rad Team Inc cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Service. The Rad Team Inc shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
3.2.2. Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. The Rad Team Inc may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of The Rad Team Inc violates these Terms of Service.
3.2.3. Your License to The Rad Team Inc
You hereby grant to The Rad Team Inc an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to The Rad Team Inc the right to authorize others to exercise any of the rights granted to The Rad Team Inc under these Terms of Service. You further hereby grant to The Rad Team Inc the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. The Rad Team Inc does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. The Rad Team Inc has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
3.3. User Interactions
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or The Rad Team Inc games. The Rad Team Inc reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with The Rad Team Inc to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting The Rad Team Inc access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
4. Fees and Purchase Terms
In the Service you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable right to use (a) The Rad Team Inc Pro Subscriptions. You are only allowed to purchase Virtual Items from us or our authorised partners through the Service, and not in any other way.
The Rad Team Inc may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice. The Rad Team Inc shall have no liability to you or any third party in the event that The Rad Team Inc exercises any such rights.
The transfer of Virtual Items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items to any person or entity or attempt any of the aforesaid, including but not limited to The Rad Team Inc, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in The Rad Team Inc games is a service provided by The Rad Team Inc that commences immediately upon acceptance by The Rad Team Inc of your purchase.
4.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. The Rad Team Inc may revise the pricing for the Virtual Items offered through the Service at any time. YOU ACKNOWLEDGE THAT THE RAD TEAM INC IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
5. Updates to the Service
You understand that the Service is an evolving one. The Rad Team Inc may require that you accept updates to the Service and to The Rad Team Inc's games you have installed on your device or computer. You acknowledge and agree that The Rad Team Inc may update the Service and The Rad Team Inc games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play The Rad Team Inc games.
6. Disclaimer of Warranties
WITHOUT LIMITING THE RAD TEAM INC'S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE RAD TEAM INC DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RAD TEAM INC SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE RAD TEAM INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, THE RAD TEAM INC SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO THE RAD TEAM INC IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO THE RAD TEAM INC DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND THE RAD TEAM INC'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH THE RAD TEAM INC IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE RAD TEAM INC OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF THE RAD TEAM INC.
You agree to indemnify, defend and hold The Rad Team Inc (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
8. Dispute Resolution
Sections 8.1 to 8.6 apply to you if you are a resident of the United States or Canada. They do not apply to you if you are a resident of any other country.
8.1. Informal Dispute Resolution
You must try to informally resolve any dispute directly with The Rad Team Inc for at least thirty (30) days before you start an arbitration. The informal dispute resolution process starts when you give The Rad Team Inc written notice of the dispute through firstname.lastname@example.org
8.2. Arbitration Agreement
You and The Rad Team Inc agree to resolve any disputes exclusively in final and binding arbitration as follows:
Either you or The Rad Team Inc may choose to submit any dispute for resolution exclusively by final and binding arbitration unless the claim is within the exceptions described below. If you or The Rad Team Inc brings a claim in court that can be resolved by arbitration under this section, then either party can ask the court to order the parties to resolve the claim by arbitration. The arbitrator will have the exclusive authority to decide whether any portion of Section 8 (“Dispute Resolution”) is valid or enforceable, or whether it applies to a claim.
An arbitration proceeding will be held before a neutral arbitrator. This means you and The Rad Team Inc agree to give up the right to resolve the dispute in a trial before a judge or jury. Arbitration has different rules than more formal lawsuits. For example, the ability to force the other side to share information may be more limited than the process called discovery in formal lawsuits. After the arbitrator decides the outcome, that decision will be final. You or The Rad Team Inc can ask the arbitrator to put a decision or award and the reasons for it in writing. Either of us can ask a court to confirm or enter the arbitrator’s final decision or award, which will make it the same as a court judgment. You and The Rad Team Inc will generally not be able to change the outcome of arbitration through courts outside of very limited circumstances.
8.3. Arbitration Process
The arbitration will be run by the American Arbitration Association (“AAA”). AAA’s rules and procedures will be used for the arbitration, including the Consumer Arbitration Rules. But if there is a conflict between these Terms of Service and AAA’s rules and procedures, then we will follow these Terms of Service. To review AAA’s Rules or to start arbitration, you can go to AAA’s website. If either of us decide to start arbitration, we agree to provide the other party with a written Demand for Arbitration as specified in the AAA Rules.
The fees for arbitration will be determined by AAA’s Consumer Arbitration Rules. If the arbitrator decides that those fees are excessive, The Rad Team Inc will pay the fees. Each side will pay their own attorneys’ fees and costs unless the claims allow for to the prevailing party to recover attorneys’ fees and costs, in which case the arbitrator may award them under the applicable law. If either party unsuccessfully challenges the validity of the arbitrator’s decision or award through a subsequent court case, the unsuccessful party shall pay the opposing party’s costs and attorneys’ fees associated with the challenge.
The arbitration will take place either in San Francisco, California, USA or in the county or province where you reside.
8.4 Exceptions to Agreement to Arbitrate
You and The Rad Team Inc agree that the arbitration agreement in Section 8.2 will not apply to the following disputes:
Claims about The Rad Team Inc’s intellectual property, such as claims to enforce, protect, or concerning the validity of The Rad Team Inc’s copyrights, trademarks, trade dress, domain names, patents, trade secrets, or other intellectual property rights.
Claims related to piracy or tortious interference.
Claims that are not subject to an arbitration agreement as a matter of law and are not preempted by federal law that would allow for an agreement to arbitration.
Claims in small claims court.
Any dispute not subject to arbitration under these exceptions shall be resolved by a court of competent jurisdiction as described in Section 10 (“Venue for Disputes Not Subject to Arbitration”).
8.5 No Class Actions
You and The Rad Team Inc agree that we can only bring claims against each other on an individual basis.
You cannot bring a claim against The Rad Team Inc as a plaintiff or class member in a class, collective, consolidated, or representative action.
The arbitrator cannot combine any other person’s claims with yours into a single case or preside over any class, collective, consolidated, or representative arbitration proceeding.
The arbitrator’s decision or award in your case will not apply to anyone else and cannot be used to decide other people’s disputes.
If this section (Section 8.5 “No Class Actions”) is found to be unenforceable or invalid, then the entirety of Section 8, including Sections 8.1 to 8.6, shall be void.
8.6 Opt-Out of Arbitration Agreement and No Class Actions Provisions
You can choose to opt out of and not be bound by the Arbitration Agreement and No Class Action provisions above (Sections 8.1 to 8.5) by sending written notice of your decision to opt out to email@example.com with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” You must send us this notice within thirty (30) days of your first use of the Service or availability of this opt-out, whichever is later. If you do not send us a notice within that time, you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, The Rad Team Inc also will not be bound by them.
9 Applicable Law
10 Venue for Disputes Not Subject to Arbitration
If you are a resident of the United States or Canada, you agree that any claim or dispute you may have against The Rad Team Inc that is not subject to arbitration under Section 8 must be resolved exclusively by a federal or state court located in San Francisco, California. You and The Rad Team Inc consent to venue and personal jurisdiction in San Francisco, California for all such claims or disputes.
If you are a resident outside of the United States and Canada, you agree that any claim or dispute you may have against The Rad Team Inc must be resolved exclusively by a court located in Helsinki, Finland.
12. General Provisions
12.2. Supplemental Policies
The Rad Team Inc may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
12.3. Entire Agreement
12.4. No Waiver
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by The Rad Team Inc shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of The Rad Team Inc.
12.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to The Rad Team Inc are of a unique and irreplaceable nature, the loss of which shall irreparably harm The Rad Team Inc and which cannot be replaced by monetary damages alone so that The Rad Team Inc shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any The Rad Team Inc game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).
12.7. Force Majeure
The Rad Team Inc shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of The Rad Team Inc, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond The Rad Team Inc's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
CUP OFFICIAL RULES
By The Rad Team Inc
1. Introduction and Acceptance
These Cup Official Rules (“Rules”) govern all stages of the RadPokerCups (“Cup”) .
These Rules have been designed to ensure the integrity of competitive play of RadPoker (the “Game”) in connection with the Event, and are intended to promote vigorous competition and to help ensure that all competitive play of the Game is fun, fair, and free from Toxic Behavior (as defined below).
To participate in the Event, each player must be a RadPoker User and agree (or, if a Minor (as defined below), such player’s parent or legal guardian must agree on such player’s behalf) to follow these Rules at all times, including the Code of Conduct in Section 8. A player (or, if a Minor, such player’s parent or legal guardian) may accept these Rules by clicking to accept or agree to these Rules, where this option is made available to you by RadPoker .By participating in any promotional event that is part of the Event, a player is confirming that he or she (or, if a Minor, his or her parent or legal guardian) has accepted these Rules pursuant to this Section 1.2.
RadPoker will have primary responsibility for enforcing these Rules for all players at the Event and may, working with the Event Administrators (as defined below), impose sanctions on players for violations of these Rules, as further described in Section 9.
RadPoker may update, revise, change, or modify these Rules from time to time. For each player, his or her participation in the Event after any update, revision, change, or modification to these Rules will be deemed acceptance by such player (or, if a Minor, such player’s parent or legal guardian) of these Rules as updated, revised, changed, or modified.
2. Event Structure
2.1 Definition of Terms
The Game’s ranked Giveaway for RadPoker Users
Tiebreakers will be determined in the order presented here: (1) Rating; (2) Games played; (3) Opponent Avg Ranking;
2.9.10 Prizing Information
Only the highest scoring players (as determined by RadPoker pursuant to this Section 2.9.10) (collectively, “Winning Players”) will be eligible to receive the applicable prizes set forth in Sections 2.9.1 through 2.9.9. No other player with a score lower than the Winning Players shall be, at any time or under any circumstances, entitled to win any prizes in connection with the Event.
For clarity, prizes are awarded “as is” with no warranty or guarantee, either express or implied. Prizes are not transferable or assignable and cannot be transferred by Winning Players. Non-cash prizes (if any) cannot be redeemed for cash. All prize details are at the sole discretion of RadPoker. Winning Players are not entitled to any surplus between actual retail value of prize and approximate retail value and any difference between approximate and actual value of the prize will not be awarded. Winning Players are responsible for any costs and expenses associated with prize acceptance and use not specified herein as being provided. Winning Players may not substitute a prize, but RadPoker reserves the right, at its sole discretion, in case of justified reasons, to substitute a prize (or portion thereof) with one of comparable or greater value. Additional terms and conditions may apply to acceptance and use of a prize.
The highest scoring players will be notified by RadPoker of their status as a potential Winning Player at the email address associated with such players’ RadPoker account within 30 days of completion of the Event, or such other time as reasonably required by RadPoker for such notification, and will be subject to verification of eligibility pursuant to Section 3 and compliance with these Rules. A potential Winning Player must keep the RadPoker account that he or she used to compete in the Event active throughout the verification of eligibility process.
With respect to the Cups, upon formal notification from RadPoker, a potential Winning Player shall have 45 days from the date such notice was emailed to respond and provide any information or materials requested by RadPoker, including the Release (as defined below) for purposes of verification of eligibility pursuant to Section 3. Such response from a potential Winning Player must be delivered to the email address from which RadPoker’s notification was sent or, at RadPoker’s sole option, another email address specified in the notification. The date of receipt by RadPoker shall be decisive for a potential Winning Player’s compliance with the deadlines set forth in this Section 2.9.10.
In the event of (a) the failure by any such player to (i) keep the RadPoker account that he or she used to compete in the Event active throughout the verification of eligibility process or (ii) timely respond to any notification or request for materials or information; or (b) any such player being unable to accept or receive the prize for any reason (including, without limitation, for failure to provide the necessary tax and payment information through RadPoker’s approved tax and payment processing vendors), then in either case (items (a) or (b)), such player shall be disqualified as a potential Winning Player, and such player shall not be entitled to win any prizes in connection with the applicable Cup. In such cases, no alternate Winning Player will be named, and RadPoker shall have the right, in its sole and absolute discretion, to (y) award any prize amounts that would have otherwise been awarded to such disqualified player as part of a future Game competitive event or (z) award any such prize amounts to non-profit causes and efforts. A Winning Player will only be announced once the verification of eligibility process has been completed by RadPoker pursuant to these Rules.
Cup Winning Players will also be required to provide certain payment information to RadPoker, including any required tax information forms, in order to receive the prizes. RadPoker may withhold payment of the prizes if the Winning Player fails to provide the applicable payment forms to RadPoker in a timely manner.
PRIZES ARE SUBJECT TO APPLICABLE INTERNATIONAL, FEDERAL, STATE, AND LOCAL TAXES (INCLUDING, BUT NOT LIMITED TO, INCOME AND WITHHOLDING TAXES) AND IT IS THE RESPONSIBILITY OF EACH WINNING PLAYER TO (I) CHECK WITH HIS OR HER LOCAL TAX ADVISOR TO DETERMINE WHICH TAXES APPLY TO HIM OR HER AND (II) PAY SUCH TAXES TO THE APPROPRIATE TAX AUTHORITY. It is RadPoker's policy to withhold tax at the backup withholding rates in effect for US and non-US residents. Prize income and tax withholding will be reported on forms (y) 1099-MISC for US residents and 1042-S for non-US residents, and (z) any other relevant tax forms as may be required by applicable law.
RadPoker will determine the payment method for the prizes in its sole discretion and, except as otherwise required by applicable law, all payments will be made directly to the Winning Player in his or her capacity as an individual (or, if a Minor, to the Winning Player’s parent or legal guardian). For the avoidance of doubt, no prize payments will be made by RadPoker to any organization, company, or other entity. Each Cup Winning Player will be provided a Prize Acceptance and Release Form (“Release”). Unless restricted by applicable law, each Cup Winning Player (or, if a Minor, such Winning Player’s parent or legal guardian) will be required to complete and submit the Release in accordance with the deadlines set forth in this Section
3. Player Eligibility
3.1 Player Age
3.1.1 To be eligible to participate in any Event match, a player must be at least 18 years old and a resident of the United States
3.1.2 Ineligible players who mislead or attempt to mislead Event Administrators by providing false eligibility information will be subject to disciplinary actions as further described in Section 9.2.
4.1 Definition of Terms
An error, flaw, failure, or fault that produces an incorrect or unexpected result, or otherwise causes the Game and/or a hardware device to behave in unintended ways.
4.1.2 Intentional Disconnection
A player losing connection to the Game due to the player’s actions. Any actions of a player which lead to a disconnection shall be deemed intentional, regardless of the actual intent of the player. Intentional disconnection is not considered a valid technical issue for the purposes of a remake.
4.1.3 Server Crash
All players losing connection to the Game due to an issue with the Game server.
4.1.4 Unintentional Disconnection
A player losing connection to the Game due to problems or issues with the game client, platform, network, or PC.
4.1 Technical Issues
4.2.1 Due to the nature and scale of online competition, except as otherwise determined by RadPoker in its sole discretion, matches will not be restarted or made null due to Bugs, Intentional Disconnections, Server Crashes, or Unintentional Disconnections. Except as otherwise determined by RadPoker in its sole discretion, any technical issues or Bug encounters, whether defined in this Section 5 or not, must be played through and will not be cause for a remake.
4.2.2 Without limitation of the foregoing, players are prohibited from taking advantage of or otherwise exploiting any Bug that allows an unfair advantage
5. Code of Conduct
5.2 Competitive Integrity
5.2.1 Each player is expected to play within the spirit of the Game and these Rules at all times during any Event match. Any form of unfair play is prohibited by these Rules, and may result in disciplinary action. Examples of unfair play include the following:
Collusion (as defined below), match fixing or throwing, bribing a referee or match official, or any other unfair or illegal action or agreement to intentionally influence (or attempt to influence) the outcome of any match or Event.
Hacking or otherwise modifying the intended behavior of the Game client.
Playing or allowing another player to play on an RadPoker account registered in another person’s name (or soliciting, encouraging, or directing someone else to do so).
Using any kind of cheating device, program, or similar cheating method to gain a competitive advantage.
Intentionally exploiting any game function (e.g., an in-game bug or glitch) in a manner not intended by RadPoker in order to gain a competitive advantage.
Using distributed denial of service attacks, swatting, or similar methods to interfere with another player’s connection to the Game’s game client.
Using macro keys or similar methods to automate in-game actions.
Accepting any gift, reward, bribe, or compensation for services promised, rendered, or to be rendered in connection with unfair play of the Game (e.g., services designed to throw or fix a match or session).
Intentionally disconnecting from the Game after you or a member of your team takes damage. For clarity, this only applies to players who intentionally disconnect with a member of their team receiving damage within 60 seconds prior to the intentional disconnection.
5.2.2 Players may not work together to deceive or otherwise cheat other players during any match (“Collusion”).
Players shall not (a) conduct or promote betting, wagering, or gambling on the Event or any portion thereof, or (b) benefit, either directly or indirectly, from betting, wagering, or gambling on the Event or any portion thereof.
5.4.1 Players are prohibited from engaging in any form of harassing, abusive, or discriminatory conduct based on race, color, ethnicity, national origin, religion, political opinion or any other opinion, gender, gender identity, sexual orientation, age, disability, or any other status or characteristic protected under applicable law.
5.4.2 Any player who witnesses or is subjected to harassing, abusive, or discriminatory conduct should notify an RadPoker Esports Coordinator or Event Administrator. All complaints reported pursuant to this Section 8.4.2 will be promptly investigated and appropriate action will be taken. Retaliation against any player who brings forward a complaint or cooperates in the investigation of a complaint is prohibited.
A player may not disclose to any third party any confidential information provided by the Event Administrators, RadPoker, or its affiliates concerning the Game, the Event, RadPoker, or its affiliates, by any method of communication, including by posting on social media channels.
5.6 Illegal Conduct
Players are required to comply with all applicable laws at all times.
6. Rules and Conduct Violations
6.1 Investigation and Compliance
Players agree to fully cooperate with RadPoker and/or an Event Administrator (as applicable) in the investigation of any violation of these Rules. If RadPoker and/or an Event Administrator contacts a player to discuss the investigation, the player must be truthful in the information that he or she provides to RadPoker and/or an Event Administrator. Any player found to have withheld, destroyed, or tampered with any related information, or otherwise found to have misled RadPoker and/or an Event Administrator during an investigation, will be subject to disciplinary action as further described in Section 9.2.
6.2 Disciplinary Action
6.2.1 If RadPoker decides that a player has violated the Code, RadPoker may take the following disciplinary actions (as applicable):
Issue a private or public warning (verbal or written) to the player;
Loss of session points for the current or future match(es);
Loss of all or any part of the prizes previously awarded to the player;
Disqualify the player from participating in one or more matches and/or sessions at the Event; or
Prevent the player from participating in one or more future competitions hosted by RadPoker.
6.2.2 For clarity, the nature and extent of the disciplinary action taken by RadPoker pursuant to this Section 9.2 will be in the sole and absolute discretion of RadPoker. RadPoker reserves the right to seek damages and other remedies from such player to the fullest extent permitted by applicable law.
The enforcement of any applicable sanction by RadPoker shall not provide such player with grounds for claims against RadPoker under any theory of law, or otherwise be considered a liability on the part of RadPoker to such player.
6.2.3 If RadPoker decides that there have been repeated breaches of these Rules by a player, it may hand out increasing disciplinary action, up to and including permanent disqualification from all future competitive play of the Game. RadPoker may also enforce any applicable sanction specified in RadPoker’s Terms of Service.
6.2.4 All Rules violations at the Event will be governed by the RadPoker Competitive Violation Matrix. A final decision by RadPoker as to the appropriate disciplinary action will be final and binding on all players.
6.3 Rule Disputes
RadPoker has final, binding authority to decide all disputes with respect to any portion of these Rules, including the breach, enforcement, or interpretation thereof.
The Event is subject to these Rules. By participating, each player agrees (or, if a Minor, such player’s parent or legal guardian agrees on such player’s behalf): (a) to be bound by these complete Rules (including the Code of Conduct) and the decisions of RadPoker which shall be final and binding; and (b) to waive any right to claim ambiguity in the Event or these Rules, except where prohibited by applicable law. By accepting a prize, the Winning Player agrees (or, if a Minor, such Winning Player’s parent or legal guardian agrees on such Winning Player’s behalf) to release RadPoker from any and all liability, loss, or damage arising from or in connection with awarding, receipt, and/or use or misuse of prize or participation in any prize-related activities. RadPoker shall not be liable for: (i) telephone system, telephone, or computer hardware, software, or other technical or computer malfunctions, lost connections, disconnections, delays, or transmission errors; (ii) data corruption, theft, destruction, and unauthorized access to or alteration of entry or other materials; (iii) any injuries, losses, or damages of any kind, including death caused by the prize or resulting from acceptance, possession, or use of a prize, or from participation in the Event; or (iv) any printing, typographical, administrative, or technological errors in any materials associated with the Event. RadPoker reserves the right to cancel or suspend the Event in its sole discretion or due to circumstances beyond its control, including natural disasters. RadPoker may disqualify any player from participating in the Event or winning a prize if, in its sole discretion, it determines such player is attempting to undermine the legitimate operation of the Event by cheating, hacking, deception, or any other unfair playing practices intending to annoy, abuse, threaten, undermine, or harass any other players or RadPoker’s representatives. The internal laws of the State of North Carolina, without reference to any of its conflicts of laws principles, shall govern disputes regarding these Rules and/or the Event. RadPoker may, in its sole discretion, cancel, modify, or suspend the Event should a virus, bug, computer problem, unauthorized intervention, force majeure, or other cause beyond RadPoker’s control corrupt the administration, security, or proper play of the Event. Any attempt to deliberately damage or undermine the legitimate operation of the Event may be in violation of criminal and civil laws and will result in disqualification from participation in the Event. Should such an attempt be made, RadPoker reserves the right to seek remedies and damages (including attorneys’ fees) to the fullest extent of the law, including criminal prosecution. The Event is subject to all applicable federal, state, and local laws.
RadPoker reserves the right to use the name, tag, likeness, audio, video, game play statistics, and/or RadPoker account ID of any player, for publicity purposes prior to, during, or after the Event end date, in any media, throughout the world, in perpetuity, but only in connection with publicizing the Event or other Game events and programing, without any compensation or prior review unless specifically prohibited by law.
9. Waiver of Jury Trial
EXCEPT AS PROHIBITED BY APPLICABLE LAW AND AS A CONDITION OF PARTICIPATING IN THIS EVENT, EACH PARTICIPANT HEREBY IRREVOCABLY AND PERPETUALLY WAIVES ANY RIGHT S/HE MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS EVENT, ANY DOCUMENT OR AGREEMENT ENTERED INTO IN CONNECTION HEREWITH, ANY PRIZE AVAILABLE IN CONNECTION HEREWITH, AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.
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