Radar® Terms of Service

Radar is owned and operated by Tiny Pictures, Inc. ("Tiny" or "We"), a Delaware corporation.

By accessing the Tiny website at http://radar.net/ (the "Site") or by using the Radar service (collectively with the Site, the "Radar Service"), you, the individual accessing Radar or using the Radar Service ("you") agree to be bound by the following terms and conditions. Please read these Terms of Service ("Agreement" or "Terms of Service") carefully before using the Radar Service. Tiny reserves the right to modify these Terms of Service at any time at its sole discretion. If We make material changes to these terms, We will post a notice on the Site. Your continued use of the service following such a notice constitutes your acceptance of the Terms of Service as modified. Tiny may also impose limits on certain features, or restrict your access to parts or all of the Radar Service, without notice or liability to you.

Basic Terms

You must register with Tiny prior to using the Radar Service, and you must provide Tiny with accurate, complete and updated registration information. You must be 13 years or older to use the Radar Service. Any registration by, use of or access to the Radar Service by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Service. Tiny will immediately terminate your account if Tiny believes that you are under the age of 13.
You are responsible for any activity that occurs under your screen name.
You are responsible for keeping your password secure.
You must not abuse, harass, threaten, impersonate any person or entity (including without limitation any employee or representative of Tiny), or intimidate any other person from your Radar account.
You may not use the Radar Service for any illegal or unauthorized purpose. International users agree to comply with laws in their jurisdiction regarding online conduct and acceptable content.
You are solely responsible for your conduct and any data, text, information, comments, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the Radar Service (collectively, "User Submissions").
You must not modify, adapt or hack the Radar Service or modify another website so as to falsely imply that it is associated with the Radar Service.
You must not create or submit unwanted email or text messages to any Radar members ("Spam") or engage in any other unauthorized or unsolicited advertising, solicitation, or commercial activity.
You must not upload or post Content that contains or transmits any worms or viruses or any code of a destructive nature or any code, files or programs that could damage, interrupt, destroy limit the functionality of, disable, overburden or impair any part of the Radar Service.
You must not, in your use of the Radar Service, infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity, or violate any applicable laws in your jurisdiction).
You must not post or upload any photos or videos other than those of a personal nature that (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends.
You must not post or upload any Content that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, obscene, offensive or profane.
You must not: (i) decipher, decompile, disassemble, reverse engineer or otherwise attempts to derive any source code or underlying ideas or algorithms of any part of the Radar Service or (ii) modify, translate, or otherwise create derivative works of any part of the Radar Service.
You may use the Radar Service solely for your personal, non-commercial use.

Violation of any of these agreements may result in the suspension or termination of your Radar account, at Tiny's sole discretion. While Tiny prohibits such conduct and content on its Site, you understand and agree that Tiny cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Radar Service at your own risk.

General Conditions

We reserve the right, in our sole discretion, to modify, suspend or terminate the Radar Service, or to terminate your Radar account without notice at any time.
We reserve the right, in our sole discretion, to refuse service to anyone at any time.
We may, in our sole discretion, remove any Content (including without limitation your User Submissions) from the Radar Service at any time, including but not limited to our determination in our sole discretion that any User Submission is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property rights, or if you violate these Terms of Service.
We reserve the right to reclaim any username used by a Radar Service user ("Radar Name") on behalf of businesses or individuals that hold legal claim or trademark on that Radar Name.
You shall defend, indemnify and hold harmless Tiny, its affiliates and each of its, and its affiliates', employees, contractors, directors, suppliers and representatives from all liabilities, claims and expenses, including reasonable attorneys' fees, that arise from or relate to your misuse of, or access to, the Radar Service, including without limitation your User Submissions, violation of these Terms of Service, or infringement by you or any third party using your account of any intellectual or proprietary rights of any person or entity. Tiny reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Tiny in asserting any available defenses.

Intellectual Property and Privacy

Other than the licenses set forth in this Agreement, We claim no intellectual property rights over the material you provide to the Radar service. Content you upload to Radar remains yours. By submitting your User Submissions to the Radar Service, you grant Tiny and each user of the Radar Service a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, publish, prepare derivative works of, display, perform and otherwise fully exploit ("Use") your User Submissions, in connection with the Radar Service and as permitted by the functionality of the Radar Service. You further agree that users of the Radar Service may offload your User Submissions from the Radar Service and Use such User Submissions in any format or medium now known or later developed, and for any purpose. You can remove your User Submissions at any time by requesting that We delete your account. This will also remove any text and images you have stored in the system.
You represent and warrant that (i) you own or otherwise possess all rights to Use your User Submissions; (ii) you have the permission to Use the name and likeness of each identifiable individual person and to Use such individual's identifying or personal information, on the Radar Service; (iii) you are authorized to grant all of the aforementioned rights to Tiny and all users of the Radar Service; and (iv) the use of your User Submissions as contemplated by this Agreement will not infringe or violate any intellectual property, privacy, publicity, contract or other rights of any person or entity.
You agree that the Radar Service contains Content or software (collectively, the "Radar Content") that is protected by copyrights, trademarks, or other proprietary rights and laws. You must abide by all copyright notices, information, and restrictions contained in any Radar Content. You shall not sell, license, rent, use, modify, create derivative works from, or otherwise exploit in any manner any Radar Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.

Mobile Services

The Radar Service includes certain services that are available via your mobile phone (collectively, the "Mobile Services"). You should check with your carrier to find out if the Mobile Services are available to you, what restrictions, if any, may be applicable to your use of the Mobile Services, and what rates and fees will apply. By using the Mobile Services, you agree that We may communicate with you regarding the Radar Service by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

Warranty Disclaimer

Tiny has no special relationship with or fiduciary duty to you. You acknowledge that Tiny has no control over, and no duty to take any action regarding: what Content you access via the Radar Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Tiny from all liability for you having acquired or not acquired Content through the Radar Service. The Radar Service may contain information that some people may find offensive or inappropriate. Tiny makes no representations concerning any Content contained in or accessed through the Sites, and Tiny will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Radar Service.

THE RADAR SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. TINY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE RADAR SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE RADAR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE RADAR SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE RADAR SERVICE IS SOLELY AT YOUR OWN RISK.

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 TINY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE RADAR SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). 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.

Dispute Resolution

The Terms of Service shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

Miscellaneous

Tiny shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Tiny's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with Tiny's prior written consent. Tiny may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Service and neither party has any authority of any kind to bind the other in any respect.

Digital Millenium Copyright Act Notice.

Tiny undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws in accordance with the Digital Millennium Copyright Act ("DMCA") (http://lcweb.loc.gov/copyright/legislation/dmca.pdf) and the following procedures. The address of Tiny's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.

It is Tiny's policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

A. Procedure for Reporting Copyright Infringements:

If you believe that Content residing on or accessible through the Radar Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
A description of the copyrighted work claimed to have been infringed;
A description of the infringing material and information reasonably sufficient to permit Tiny to locate the material;
Your contact information, including your address, telephone number, and email;
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.

B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:

It is Tiny's policy:

to remove or disable access to the infringing Content;
to notify the Content provider, member or user that it has removed or disabled access to the Content; and
that repeat offenders will have the infringing Content removed from the system and that Tiny will terminate such content provider's, member's or user's access to the service.

C. Procedure to Supply a Counter-Notice to the Designated Agent:

If the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

A physical or electronic signature of the Content provider, member or user;
Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
A statement that the Content provider, member or user has a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
Content provider's, member's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the Content provider's, member's or user's address is located outside the United States, for any judicial district in which Tiny is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Tiny may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Tiny's discretion.

Please contact Tiny's Designated Agent at the following address:

Khristine Valdez
Tiny Pictures
454 Natoma Street
San Francisco, CA 94103
Phone: 1 415 513 5998
Fax: 1 415 513 5092
Email: dmca@tinypictures.us

Updated: March 25, 2008