The following products and services are offered subject to the following conditions.
By using our Services, you agree to these conditions. Please read them carefully.
We offer a wide range of our Services, and sometimes additional terms may apply. When using any service offered by RadioGagas, you will be subject to the guidelines, terms and agreements applicable to that our Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control..
ELECTRONIC COMMUNICATIONS
When you use our Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other our Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through any of our Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of our or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any our Service is the exclusive property of our and protected by U.S. and international copyright laws.
TRADEMARKS
Contact us to see a non-exhaustive list of our trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Service are trademarks or trade dress of our in the U.S. and other countries. our’s trademarks and trade dress may not be used in connection with any product or service that is not our’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits our. All other trademarks not owned by Radio Gagas that appear in any Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by our.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, our or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the our Services. This license does not include any resale or commercial use of any our Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any our Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by our or its licensors, suppliers, publishers, rightsholders, or other content providers. No our Service, nor any part of any of our Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of our. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of our without express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without the express written consent of our. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by our terminate if you do not comply with these Conditions of Use or any Service Terms.
YOUR ACCOUNT
You may need your own account to use certain our Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit your account to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. We do sell products for children, but we sell to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use our Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their our Household. Alcohol listings on our website are intended for adults. We reserve the right to refuse service, terminate accounts, terminate your rights to use our Services, remove or edit content, or cancel orders at our sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. our reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant our a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant our and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify our for all claims resulting from content you supply. our has the right but not the obligation to monitor and edit or remove any activity or content. our takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
We respect the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All purchases of physical items from our are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
We do not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we will not take title to the refunded item. For more information about our returns and refunds, please contact us.
PRODUCT DESCRIPTIONS
We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of any of our Services is accurate, complete, reliable, current, or error-free. If a product offered by Radio Gagas is not as described, your sole remedy is to return it in unused condition.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
SANCTIONS AND EXPORT POLICY
You may not use any Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using our Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including our Software), technology, and services.
OTHER BUSINESSES
Parties other than our operated stores, provide services or software, or sell product lines through our Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from us. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). our does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
pOUR SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE our SERVICES ARE PROVIDED BY our ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. our MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE our SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE our SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE our SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, Radio Gagas DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. our DOES NOT WARRANT THAT THE our SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE our SERVICES, our’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM our ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, our WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY our SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY our SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
DISPUTES
Any dispute or claim relating in any way to your use of any our Service, or to any products or services sold or distributed by our or through our.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW
By using any of our Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and our.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of our Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
ADDITIONAL SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with our Services (the “our Software”).
- Use of our Software. You may use our Software solely for purposes of enabling you to use our Services as provided by our, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the our Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the our Software in whole or in part. All software used in any our Service is the property of our or its software suppliers and is protected by United States and international copyright laws.
- Use of Third Party Services. When you use our Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with our Software, whether in whole or in part.
- Updates. We may offer automatic or manual updates to our Software at any time and without notice to you.
- Government End Users. If you are a U.S. Government end user, we are licensing the our Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the our Software are the same as the rights we grant to all others under these Conditions of Use.
- Conflicts. In the event of any conflict between these Conditions of Use and any other our or third-party terms applicable to any portion of our Software, such as open-source license terms, such other terms will control as to that portion of our Software and to the extent of the conflict.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
Written claims concerning copyright infringement must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
