USER TERMS OF SERVICE
  1. Introduction
    1. Radish Media, Inc., registered in the state of Delaware with offices at 335 Madison Avenue, 3rd Floor, New York, New York 10017 c/o Grand Central Tech (“Radish”, “we”, “our”), provides a Platform (as defined below) for writers and publishers to distribute and monetize various literary works (a “Work” or “Works”). These terms of service, together with all documents referred to herein and all other operating rules, policies and procedures that Radish may publish from time to time, such as our Privacy Policy (as defined below) and Content Policy (as defined below) (collectively, the “Terms”), govern Radish’s relationship with users (“users”, “you”) of the Radish platform located at the website www.radishfiction.com, including all sub-domains and associated websites (collectively, the “Website”), the Radish mobile application(s), including iPhone and Android mobile applications (“Apps”), any and all other platforms on which content is accessed, published, or distributed, and all associated services, features, or content made available through any of the foregoing (“Services”) (together, the “Platform”). The Terms constitute a legally binding agreement between Radish and you.
    2. By accessing or using the Platform, you confirm that you unconditionally accept these Terms and that you agree to fully comply with them. Please read these Terms carefully before using the Platform. If you do not agree to these Terms, please do not use the Platform and you are not granted permission to access, view, or otherwise use the Platform for any purpose.
    3. While some Content (as defined in the Content Policy and including but not limited to the Works) and Intellectual Property (as defined below) on the Platform may appeal to children, no part of the Platform is directed to or targets children younger than 13 years of age (a “Child” or “Children”), and Children are not permitted to use the Platform. Radish strongly urges all parents and legal guardians to monitor the Internet and mobile uses of Children. Parents and legal guardians should be aware that there are parental control tools available from other sources on the Internet that you can use to prevent your children from accessing or submitting information online without parental permission. If we learn that Radish has collected personal information of a Child, Radish will take steps to delete such information from our files as soon as commercially reasonably possible. Notwithstanding the foregoing, in the event that you are a parent or legal guardian and you nonetheless permit a Child to use the Platform, you shall be solely responsible for monitoring your Child’s use of the Platform and Radish shall have no liability regarding the same.
    4. The Platform may contain links or embedded material to third party content, which Radish has not reviewed, including, without limitation, other websites and third party services, for the convenience of visitors, advertising purposes, or for other similar functions related to Radish’s business. Radish linking or embedding to third party content does not imply an advertisement or endorsement of any good, service, product, or otherwise, provided by such third party. Radish is not responsible for any third party content linked or embedded to or from the Platform and expressly disclaims, without limitation, any responsibility for any third party content, the accuracy of any information found on any third party website, or the quality of products of services provided by or advertised on such third party website. Your use of any third party content is at your own risk, and may be subject to the terms and conditions of such third party’s website. Radish encourages you to review the terms and conditions and privacy policy of any third party website that you visit and be aware that a third party website may collect your personal information and Radish is not able to control any third party’s use of such technologies or how any third party manages the information gathered from such technologies.
    5. The Terms are effective of and were last updated on April 30, 2018. Radish reserves the right to modify, alter, amend, or update the Terms at any time without notice to you in Radish’s sole and absolute discretion, and such new Terms will immediately take effect upon Radish posting such new Terms on the Platform or otherwise disseminating the new Terms to you, such as by e-mail. You are encouraged to frequently visit the Website, specifically at https://www.radishfiction.com/terms.html, to review the current Terms. Notwithstanding the foregoing, Radish will attempt to notify you in a commercially reasonable amount of time any changes to the Terms. Your continued use of the Platform in any capacity following any changes to the Terms shall be deemed your acceptance of any and all changes to the Terms and your agreement to be bound by the most current Terms.
  2. Privacy Policy
    1. Our privacy policy, a copy of which is available at https://www.radishfiction.com/privacypolicy.html (“Privacy Policy”), is incorporated in these Terms by reference. The Privacy Policy sets out, among other things, the terms on which we process any Personal Information (as defined in the Privacy Policy) we collect from you, or that you provide to us. By using the Platform, you irrevocably consent to such processing and you warrant that any materials you provide to us are accurate.
  3. Intellectual Property
    1. As between Radish and you, all right, title, and interest in and to the Platform is owned, licensed or otherwise controlled by Radish, including, without limitation, reviews, articles , blogs, graphics, images, artwork, music, blurbs, copy, summaries, marketing or biographical materials, underlying source code in and to the Website and Apps, videos and, webinars, along with the selection, coordination, arrangement, and organization of all material found on the Platform, as well as any ancillary marketing material and printed materials, excepting only your Content (which remains your literary property in accordance with our Content Policy) (together, the “Intellectual Property”), and is protected under domestic and international copyright and other similar intellectual property laws.
    2. Radish’s name, logo(s), and overall brand, including, without limitation, the trademarks and service marks for Radish™ and RadishFiction™, are protected under various domestic and international trademark laws.
  4. License to Users
    1. Subject to your full compliance with the Terms and to the extent we are lawfully able to grant such rights, Radish grants you a non-exclusive, non-sublicensable and non-transferable license to the Intellectual Property solely for the purposes of accessing Works, using the Platform, and for other purposes expressly stated herein.
    2. Nothing contained in the Terms should be construed as granting, by implication or otherwise, any license or right to use any of the Intellectual Property without the express written permission of Radish, beyond the rights to access, use, and/or view the Platform or Works as expressly stated herein. For the avoidance of doubt, the Terms do not transfer from us to you any of our, or any third party’s intellectual property rights, and all right, title and interest in and to such property will remain vested with the applicable owner.
  5. Registration and Accounts
    1. To use certain features of the Platform, you are required to register for a Radish account (an “Account”). You may register for an account on the Platform or by logging in to a permitted social media accounts (such as authenticating via Facebook). The registration/login pages on the Platform will inform you as to which social media accounts can be used to login to the Platform. We reserve the right to amend which social media accounts can be used to access the Platform at any time. You agree that all information that you submit during the Account signup process, or additional information you submit to your Account profile at any time thereafter, shall be accurate and truthful, and you shall keep the same up to date. Please review our Privacy Policy to learn more about the information we collect from you during the Account sign-up or authentication process.
    2. You acknowledge that your Account is unique and personal to you, and you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your Account. If you know or suspect that anyone other than you knows your password, you must promptly notify us at support@radishfiction.com. For the avoidance of doubt, you are solely responsible for ensuring that all persons who access the Platform via your Account are familiar with these Terms and that they will comply with them.
    3. You may never use another person’s user account or registration information without permission. You must notify us immediately of any change in your eligibility to use the Platform, breach of security or unauthorized use of your account. You should never publish, distribute or post login information for your account.
    4. You may only access the Platform on up to three (3) different devices per Account.
    5. You have the ability to delete your Account, either directly through the Platform or through a written request made to Radish at support@radishfiction.com. You understand that upon deletion of your Account, you will lose the right to access or use all or part of the Platform.
    6. We reserve the right to disable, suspend, or terminate your Account, at any time, for any reason in our discretion, including, without limitation, if you fail to comply with any provision of these Terms.
  6. Content Policy
    1. Our content policy, (“Content Policy”), sets out, among other things, the terms on Radish’s uses of Content which writers and publishers upload to the Platform. You must review and agree to the Content Policy prior to uploading any Works on the Platform.
    2. For the avoidance of doubt, all rights not expressly granted to Radish herein shall be reserved to you and Radish is not claiming any ownership in and to your Content.
  7. Comments on Platform
    1. Radish welcomes your interaction on the Platform, and you may be able to submit materials to Radish which are not Content. By submitting any comments or feedback (together, a “Comment” or “Comments”) through the Platform or otherwise, such as emailing Radish about the Platform, posting on a message board, or reviewing a Work, Radish will be free to use the Comment for any purpose, in all media, in perpetuity, without owing any obligation or liability to you whatsoever, including, without limitation, the right to use, exploit, sell, display, perform, store, modify, adapt, publish, translate, add to, distribute, and/or reproduce the Comment on the Platform. If you wish to keep a Comment private or proprietary, please do not transmit any Comment to Radish or share any Comment with others. For the avoidance of doubt, the definition of Comment shall not be deemed to include your Content.
    2. Comments must not include or embody, in whole or part, the following, determined in Radish’s sole discretion:
      1. infringement, in whole or part, any intellectual property right (including, without limitation, copyright, trademark, publicity, or privacy rights, belonging to any third party. An example of the foregoing would be plagiarizing another’s Work;
      2. threatening, bullying, abusing or invading another’s privacy (such as the unauthorized dissemination of another’s personal information), or causing annoyance, inconvenience, or needless anxiety, or is likely to harass, upset, embarrass, alarm or objectively annoy any other person;
      3. any material that is offensive, hateful, a hate crime, or inflammatory or discriminates or incites violence against a particular group of people, including without limitation, any statement that is, or can reasonably be construed as, sexist, racist, ableist, homophobic, or ageist;
      4. any material which promotes, directly or indirectly, any illegal activity, including, without limitation, advocating, promoting, or assisting in the commission of any crimes or other unlawful acts;
      5. any material which causes, directly or indirectly, another to engage in any self-harming behavior, including, without limitation, encouraging or advocating suicide or an eating disorder;
      6. any material which is defamatory or disparaging to Radish or any third party;
      7. any material which contains pornographic content, or in any way describes or contains extreme or illegal sexual acts, including, without limitation, graphic, romantic, or erotic portrayals of rape, non-consensual sex, incest, pedophilia, sex involving minors, sexual torture, bestiality, or necrophilia;
      8. any material which breaches a legal duty owed to a third party, such as a contractual duty, fiduciary duty, or confidentiality obligations;
      9. any material used to impersonate any person, deceive, or to misrepresent your identity or affiliation with any third party;
      10. any material which contains solicitations and advertising for a user to buy any product or service and/or include links within the Comments to promotions with third party publishers and digital platforms; and
      11. any material which gives the impression that it emanates from Radish, even if that is not the case.
    3. Without limiting any right available to Radish, Comments found to be in violation of any of the above may subject you to the termination or suspension of your Account or the immediate removal of the Comments from the Platform, without notice to you, in our sole discretion.
  8. Restricted User Conduct
    1. You shall not copy, capture, reproduce, remove, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, distribute, use, store, or exploit, in whole or in part, Content, the Platform or any Intellectual Property unless otherwise explicitly permitted by these Terms. Without limiting the foregoing, you may not reproduce any Content and Intellectual Property or create copies of any Content and Intellectual Property via any means, including, without limitation, by reproducing on any physical or digital media (such as CDs or digital text files) or uploading Intellectual Property to any peer-to-peer or torrent website or service. Any unauthorized activities that infringe upon the intellectual property rights of Radish or owners or rights holders of the Content are expressly prohibited and all rights in and to Intellectual Property and the Content are expressly reserved. Any unauthorized use of the Intellectual Property, except as explicitly authorized by these Terms, may subject you to civil liability under copyright, trademark, publicity, or privacy, laws and other civil and criminal statutes, rules, or regulations, and you agree, at our option, to return or destroy any copies of the Content and Intellectual Property that you have made in violation of these Terms.
    2. You will not alter or modify the Platform in any way nor use other technology or means to access the Platform except for the means authorized by Radish, including, without limitation, using no bots, spiders, or other automated means of accessing the Platform.
    3. You may not re-upload Content determined by us to be in violation of these Terms.
  9. Payment Terms
    1. If you purchase access to any Works or otherwise pay us for any of Services, you agree to pay us the stated fees for such Works or Services. Failure to pay these fees may result in the termination of your access to the Works or Services. For any recurring Services, we may store, and/or authorize a third party to store (including, without limitation, Apple via the App Store or Google via the Play Store), your payment method and continue to bill your payment method to avoid interruptions to your access to the Work or Service, and to allow you to pay for other Works or Services you may buy.
    2. Works (including, without limitation, Episodes, as defined in the Content Policy) and Services may be purchased on the Platform via Coins. “Coins” are virtual currency available for purchase with your debit or credit card within the Platform and stored as part your Account. The price and quantity of Coins you are able to purchase will be communicated to you at the time of sale. Currently, Radish offers Coins in two ways: (1) one-time purchases (“One-Time Purchases”), and (2) by selecting one of Radish’s automatic refill feature plans (an “Auto-Refilling Plan”). One-Time Purchases of Coins normally do not expire and are redeemable for access to Works at any time, while Coins purchased using an Auto-Refilling Plan will expire in accordance with the terms of the Auto-Refilling Plan you select. However, Coins purchased using the Auto-Refilling Plan are normally offered at lower amounts than One-Time Purchases of Coins, with higher discounts provided when you elect longer Auto-Refilling Plans.
    3. To make purchasing access to Works easier and at a lower cost, you can select an Auto-Refilling Plan with your Account. You can select a weekly, monthly, or yearly Auto-Refilling Plan. For weekly Auto-Refilling Plans, your Account will be automatically charged and refilled weekly and Coins are valid for one (1) week from the date of the refill and thereafter expire. For monthly Auto-Refilling Plans, your Account will be automatically charged and refilled monthly and Coins are valid for one (1) month from the date of the refill and thereafter expire. For yearly Auto-Refilling Plans, your Account will be automatically charged each year and refilled monthly and Coins are valid for one (1) month from the date of the refill and thereafter expire. If you run out of Coins prior to your Account being refilled, you may purchase additional Coins as One-Time Purchases.
    4. Once you have selected an Auto-Refilling Plan on our Platform, you will receive an email from the App Store for Apple or the Google Play Store for Google confirming your enrollment in the Auto-Refilling Plan. You will receive an email from the App Store for Apple or the Google Play Store for Google after each refill purchase in accordance with the Auto-Refilling Plan you selected to let you know your Account has refilled and your Account has been charged. You can change your Auto-Refilling Plan or stop the Auto-Refilling Plan through the settings on your individual account via the App Store for Apple or the Google Play Store for Google. However, once Coins have been loaded to your Account, the transaction cannot be reversed and is non-refundable. If you upgrade your Auto-Refilling Plan from a weekly to either monthly or yearly Auto -Refilling Plan, or from a monthly to yearly Auto-Refilling Plan, your Account will be charged a pro-rated amount reflecting the increased rate, and you will be charged the full amount of the new rate beginning with the next billing cycle.
    5. All prices, and availability, for Coins, Works and Services will be set in Radish’s sole discretion, and may vary over time. You may not buy Coins from a third party, including, without limitation, via selling Coins indirectly by selling your Account to any third party. Coins are non-refundable and non-transferable.
    6. All purchases may be subject to taxes and other fees, including, without limitation, foreign exchange fees or differences in prices based on location (e.g. exchange rates). We may calculate taxes payable by you based on the information that you provide us via your Account or at the time or purchase.
  10. User Representations and Warranties
    1. You warrant and represent that:
      1. You accept and agree to abide by all of the Terms contained herein and you represent and warrant that you are not, and will not be, under any disability, or other restriction, which prevents your ability to enter into, perform in accordance thereof, and comply with all of the Terms. You acknowledge that you are at least 18 years of age and you are not permitted to use the Platform if you are under 18 years of age;
      2. all Comments submitted by you, or via your Account, to the Platform comply with these Terms, will be considered non-confidential and non-proprietary, do not infringe on the contractual, intellectual property, privacy, publicity, or other rights of any third party, you have all necessary licenses, rights, consents, and permissions to use all Comments (including, without limitation, the understanding that all costs, expenses, and payments of any kind associated with such clearance are your responsibility), and you otherwise will comply with all applicable laws, rules and regulations regarding your use of the Platform;
      3. you will not, via the Platform or otherwise, cause damage to the Platform or impair the availability or accessibility of the Platform in any way which is fraudulent, unlawful, illegal, or harmful, including, without limitation, modifying, adapting, bypassing, or hacking the Platform to change, de-crypt, interrupt, destroy, or limit the functionality of our, or other users’ computer software, hardware or telecommunications equipment or attempt to gain unauthorized access to our servers or computer system or engage in any activity that interferes with the performance of, or impairs the functionality of, the Platform. Without limiting the foregoing, you must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Platform, the servers on which the Platform is stored or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of service attack. Radish will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity and any other relevant information to them;
      4. you will not upload, post, host, or transmit unsolicited correspondence, emails, “spam” messages, worms, or viruses or any code of a destructive nature to the Platform nor contact any other visitor or user of the Platform for any illicit purpose or who has requested not to be contacted; access the Platform through unpermitted means;
      5. you acknowledge and agree that some Works, or other Intellectual Property accessible via the Platform, are subject to restrictions imposed by third party(s), including, without limitation, Radish’s affiliates and other users of the Platform, and your access to applicable Works, or other Intellectual Property accessible via the Platform, may require your consent to additional terms and conditions for the use, access, or viewing, of such Works, or other Intellectual Property accessible via the Platform. You agree that your use of the Platform shall be subject to all of these additional terms and conditions;
      6. you understand that Radish is not responsible for retrieving or providing Works to you for any Works that have been removed or are otherwise no longer available on the Platform, excepting only Works that you have purchased via the Platform, including, without limitation, specifically acknowledging that Radish is not a cloud based storage website and you are solely responsible for saving backup copies of any Works that you upload to the Platform. For the avoidance of doubt, you acknowledge and agree that Radish shall have no obligation to provide you with backup copies of any of Works you have purchased;
      7. you understand that Radish is under no obligation to assist, mediate or otherwise become involved in any dispute between you and another user of the Platform or third party;
      8. you will not link to our Platform in a way that is unfair, illegal, is likely to cause damage to our reputation, or suggests our approval or endorsement of you or your Comments when no such approval or endorsement exists. In the event that you do link to the Platform, you must not frame the Platform in any other website or application nor link to any part of the Platform other than to our Website home page;
      9. you understand that the Works and Intellectual Property are not intended to amount to be professional advice on which you should rely and you acknowledge and agree that the Works and Intellectual Property is for your own entertainment and personal enjoyment purposes;
      10. you understand you are responsible for all costs associated with accessing or using the Platform, including, without limitation, any mobile or cellular device fees, and you are responsible for any system software and/or hardware compatibility requirements for use of the Platform;
      11. you agree to not remove any copyright, trademark, or other legal notices that accompany any Works and Intellectual Property accessible via the Platform;
      12. you will keep confidential any correspondence and discussions that you have with Radish concerning disputes regarding your payment and purchase history, or otherwise (including, without limitation, any information you learn in the course of an arbitration or other lawsuit and the amount or existence of any award), or any alleged breach of these Terms by Radish, you, or any third party, without the prior written consent of Radish; and
      13. you may not use the Platform in any other way not expressly stated herein or approved by Radish in writing.
  11. Reservation of Rights
    1. We may suspend, withdraw, discontinue, limit, or change all or any part of the Platform, your access to the Platform, and your use of the Platform, without notice, for any reason, with or without cause, at any time, in our sole discretion, including, without limitation, forbidding you access to the Platform, terminating your Account, and ceasing to market, display, and distribute any Comments that you upload to the Platform. For the avoidance of doubt, this could include the immediate forfeiture and destruction of all information associated with your Account. Radish reserves the right, in our sole discretion, to change how we operate at any time for any reason. In the event that your Account is suspended or terminated, Radish shall not be liable to you for your inability to access any Works, purchased or otherwise.
    2. Radish may reclaim any username at any time, which Radish believes, in Radish’s sole discretion, violates any other party’s intellectual property rights, is inactive, or has the potential to mislead or deceive other users of the Platform in any way. In the event Radish reclaims any username, Radish will use reasonable commercial efforts to provide you with notice prior to such reclaiming and you may need to create a new Account to continue using the Platform. Subject to your compliance with all other terms and conditions contained herein, Radish will reasonably assist you in transferring any purchased Works to your new Account.
    3. Radish may, from time to time, use various technologies to verify your compliance with these Terms and you consent to Radish using any monitoring or other technology associated with monitoring your access to the Platform, subject to all terms found in our Privacy Policy.
    4. In the event of any dispute between you and another user of the Platform or other third party, we may, in our sole discretion without any obligation, provide your contact information or Comments, to a complaining party.
    5. Radish explicitly reserves all rights not specifically contemplated herein which relate to the Platform or its business operations.
  12. Disclaimers
    1. The Platform is made available “as is”, “as available”, and “with all faults” for the stated purposes herein. Use of the Platform is entirely at your own risk and you should use your best judgment and exercise caution while using the Platform.
    2. Radish does not monitor all Works and Comments found on the Platform, including, without limitation, monitoring any message board or other interactive service, for offensive, indecent, objectionable, obscene, or unlawful Works or Comments, nor represents or implies that we endorse any Works or Comments or make any representations that the Works and Comments are accurate, of sound quality, safe, moral, legal, complete, useful, up-to-date or free from errors or omissions. Views expressed on the Platform do not necessarily represent our views or values.
    3. Radish does not guarantee the availability, delivery, performance, pricing, or punctuality of any Works or other Intellectual Property appearing on the Platform. Without limitation, this includes making no guarantee that any future Episodes of a Work are posted by a writer or publisher in a timely manner, that Works will remain available on the Platform, or the pricing of Coins, Works, or Services.
    4. While Radish strives to provide accurate descriptions of all materials available on the Platform, you understand that the Platform may contain inaccuracies, omissions, and delayed information and Radish does not warrant the description of all materials are complete, error-free, or accurate. Notwithstanding the foregoing, every attempt is made to provide you with complete, error-free, and accurate information.
    5. Radish makes no guarantee that your use of the Platform, and all other features or functionalities associated with the Platform, or delivery or display of the Platform, will be available, uninterrupted, interference free, or error free, or be free from any viruses, worms, or other security intrusions. You are solely responsible for configuring your information technology, computer software, and other technology in order to access the Platform and should use your own virus protection software.
    6. We assume no responsibility for the deletion or failure to store any Comments or other information submitted by you to the Platform, and we expressly do not promise to store or keep any Comments that you have submitted to the Platform. You are solely responsible for saving backup copies of any Comments that you upload to the Platform.
    7. You understand and agree that Radish is not liable for any failure of performance due to any cause beyond its control, including, without limitation, acts of God, fire, explosion, vandalism, terrorism, weather disturbances, national emergencies, riots, wars, labor difficulties, supplier failures, shortages, breaches, action or request by any government, suspension of existing service in compliance with state or federal law, rule, or regulations.
    8. Radish does not verify the identity of its users, including, without limitation, having no built in two-step authentication, and Radish does not guarantee that any user of the Platform is who they claim to be. Radish shall not be liable to you in the event that you encounter another user who is misleading or otherwise lying to you in any capacity. If you know or reasonably suspect that another user is misleading or otherwise lying to you, you may promptly notify us at support@radishfiction.com with a reasonably detailed, good faith, description of the alleged behavior, including information sufficient for us to identify the complained about user, Content, Intellectual Property, or other issue.
    9. While Radish is committed to protecting your privacy in accordance with applicable laws, regulations, and these Terms, you understand no electronic transmission of information to Radish can be guaranteed to be 100% safe and Radish cannot and does not ensure or warrant the security of any information you transmit to Radish. Nonetheless, Radish believes the measures Radish has implemented reduce the likelihood of security problems to a level appropriate to the type of data involved. You acknowledge all information you transmit to Radish is done at your own peril and may not be confidential. Please see our Privacy Policy for additional information.
    10. In the event that your Content or other intellectual property is infringed upon by a third party, Radish shall have no responsibility or obligation to pursue intellectual property claims against such third party on your behalf. Without limiting the foregoing, this includes Radish having no responsibility to issue intellectual property takedown notices to any third party. Notwithstanding the foregoing, if an intellectual property infringement occurs on the Platform, Radish will takedown such infringing material in accordance with these Terms.
    11. Radish, to the fullest extent permissible by applicable law, disclaims all warranties, expressed or implied, written or oral, arising from a course of dealing, performance, usage of trade, or otherwise, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and that your use of the Platform will result in sales or other economic benefits for you. Radish explicitly does not warrant that the Platform, Content, or the Intellectual Property will meet your requirements.
  13. Limitation of Liability
    1. Notwithstanding anything to the contrary contained herein, Radish shall not be liable to you for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, which are in any way related to the Platform or these Terms, regardless of legal theory (including, without limitation, contract, tort, personal injury, property damage, negligence, warranty, or strict liability), whether or not Radish has been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purposes. If you are dissatisfied with the Platform, or with any of these Terms, or feel Radish has breached these Terms, your sole and exclusive remedy is to discontinue using the Platform. This limitation of liability is part of the basis of the bargain between us.
    2. Without limiting the foregoing, you expressly waive and release Radish, its officers, directors, employees, affiliates, subcontractors and assigns, from any claims or damages of any kind arising out of or in any way connected to the use of the Platform, including, without limitation, any fraud; data, Content, Intellectual Property, or other proprietary material loss; disclosure of personal information; damages caused by malicious software or other technologically harmful material; any inaccurate information or objectionable conduct on the Platform; the availability of any Works; any offensive, indecent, objectionable, obscene, or unlawful Content; any alleged violation of your right of privacy or publicity; infringement of your intellectual property by third parties; and any other breach of the Terms by you, of any nature whatsoever, or other breach beyond our control, regardless of legal theory, including, without limitation, contract, tort, negligence, warranty, or strict liability.
    3. If you are a resident of the State of California, you hereby acknowledge and agree that you fully understand, and waive California Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
    4. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM IS TO STOP USING THE PLATFORM. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN RADISH AND YOU IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN RADISH AND YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, RADISH’S AGGREGATE LIABILITY ARISING OUT OF A BREACH OF THESE TERMS AND/OR YOUR USE OF THE PLATFORM WILL NOT EXCEED, IN THE AGGREGATE AMOUNT FOR ALL CLAIMS, ONE THOUSAND DOLLARS ($1,000.00 USD).
  14. Indemnification
    1. Notwithstanding anything to the contrary contained herein, nor in any way limiting or impacting the releases or limitations of liabilities stated in these Terms, you agree to indemnify Radish, including its members, managers, directors, officers, employees, contractors, suppliers, vendors, affiliates, subsidiaries, successors, literary publishing partners (including but not limited to publishing companies that may be providing Works), agents, attorneys, contractors and licensors (collectively, the “Indemnitees”) against all claims, actions, suits, and other proceedings arising out of or incurred in connection with these Terms, including, without limitation: (i) your use or misuse of the Platform in any direct or indirect capacity; (ii) your breach or alleged breach of the Terms hereunder; (ii) your infringement of any third party intellectual property rights; and (iv) any use of your Account (collectively, the “Claims”). You shall indemnify and hold the Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or incurred in connection with such Claims. FOR THE AVOIDANCE OF DOUBT, THIS MEANS YOU WILL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE WE SUFFER AS A RESULT OF ANY SUCH BREACHES.
    2. This indemnification obligation shall survive these Terms and your use of the Platform.
    3. Radish reserves the right to take over the exclusive defense of Claims for which Radish is entitled to indemnification, and in such event, you shall provide prompt and reasonable cooperation to Radish at your own expense.
  15. Contests and Sweepstakes
    1. In addition to these Terms, sweepstakes, contests, or other promotions (each, a “Promotion”) made available by Radish through the Platform, or otherwise may have specific rules that are different from these Terms. By participating in a Promotion, you agree to and will become subject to those additional terms and conditions, which will be provided to you when a Promotion is offered. Radish urges you to review all rules before you participate in any Promotion. The rules of a specific Promotion will take priority over these Terms in the event of any conflict of the language with a given Promotion.
  16. Infringement of Intellectual Property Rights/ DMCA
    1. Radish respects the intellectual property rights of others and desires to offer a Platform that contains no material that violates the intellectual property rights of others. Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), among other intellectual property laws, Radish has instituted procedures for receiving written notification of claimed intellectual property infringements. If you believe in good faith that your intellectual property rights have been infringed through use on the Platform, you may notify us by email at: violations@radishfiction.com with “Notice of Infringement” in the subject line, or otherwise provide a written communication to us at Radish Content Audit Team, 335 Madison Avenue, 3rd Floor, New York, New York 10017 c/o Grand Central Tech, which contains:
      1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright (or other intellectual property) interest;
      2. A description of the copyrighted work (or other intellectual property interest) that you claim has been infringed;
      3. A description specifying the location on the Platform of the material that you claim is infringing;
      4. Your email address and your mailing address and/or telephone number;
      5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright (or other intellectual property) owner, its agent, or the law; and
      6. A statement by you made under penalty of perjury, that the information in your notice is accurate and that you are the copyright (or other intellectual property) owner or authorized to act on the copyright (or other intellectual property) owner’s behalf.
    2. If you believe that a notice of intellectual property infringement has been improperly submitted against you, you may submit a counter-notice to Radish, including, without limitation, pursuant to Sections 512(g) of the Digital Millennium Copyright Act. Your counter- notice must be sent to us by email at: violations@radishfiction.com with “Counter-Notice of Infringement” in the subject line (due to the timeliness of responding to intellectual property infringement notices, we require email notice of all counter-notices) which contains:
      1. Your physical or electronic signature;
      2. Identification of the material removed or to which access has been disabled;
      3. A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified; and
      4. Your full name, your email address, your mailing address, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the State of New York, if your address is located outside the United States, and that you will accept service of process from the complainant submitting the notice or his/her authorized agent.
    3. Any notice or counter-notice you submit pursuant to the foregoing must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. Notwithstanding anything to the contrary stated herein, please note that whether or not Radish disables access to or removes any materials pursuant to the foregoing, Radish may disclose your identity to any third party who has alleged a violation of intellectual property rights hereunder, or supplied us with a counter-notice, as well as disclose the contents of any notice of counter-notice. You acknowledge and agree that any disclosures by us pursuant to the foregoing shall not violate any of your rights, including, without limitation, any rights of privacy that you may have.
    4. Please be advised the foregoing procedures are solely for alleged intellectual property infringements, and for all other issues that you may have with the Platform, please contact Radish via email at: support@radishfiction.com.
  17. Interpretation
    1. These Terms represent the entire understanding between Radish and you, superseding all prior agreements (including previous versions of the Terms), whether oral or written, with respect to your use of the Radish and all other subject matter contained herein. The Terms shall be binding upon and inure to the benefit of Radish and your respective assigns, successors, heirs, and legal representatives. The Terms cannot be modified or amended, except as expressly provided for herein. The Terms are personal to you and are not assignable, transferable, or sublicensable by you except with Radish’s prior written consent. Radish may freely assign these Terms. If any part of the Terms is deemed by a court of law to be void, voidable, illegal, or unenforceable, the remainder of the Terms will remain in full effect as if such void, voidable, illegal, or unenforceable part had not existed. The waiver by either party hereto of a breach of any of the provisions of the Terms by the other party hereto shall not be construed as a waiver by the non-breaching party of any subsequent breach by the breaching party. Headings are inserted for convenience only and are not intended to be part of or to affect the meaning or interpretation of the Terms. All provisions of these Terms, which by their nature should survive termination or expiration, shall survive termination or expiration, including, without limitation, provisions relating to intellectual property rights, warranty disclaimers, indemnity and limitations of liability.
  18. Choice of Law
    1. You consent and agree that: (i) the Terms will be exclusively governed by the laws of New York applicable to contracts entered into and performed within New York and notwithstanding any conflict of law principles; (ii) you accept service of process by personal delivery or mail; and (iii) you irrevocably waive the right to trial by jury and/or to participate in a class or representative action, and any jurisdictional and venue defenses otherwise available, excepting only that you and Radish may agree in writing that an arbitrator or judge, as applicable pursuant to these Terms, may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. Any dispute arising in connection with or relating in any way to these Terms or to your relationship with Radish to the Terms shall be exclusively resolved and heard in New York County, New York.
    2. Any alleged claim or cause of action you may have with respect to your use of the Platform must be commenced within one (1) year after the alleged claim or cause of action arises. All rights and remedies are cumulative and shall in no way affect any remedy available to either party under equity or law. You agree that any violation of the breach of the Terms by you will result in irreparable harm to Radish that monetary damages may be inadequate, and you hereby agree Radish shall be entitled to seek injunctive relief.
    3. You and Radish agree that any dispute, claim, or controversy between you and Radish arising in connection with or relating in any way to these Terms or to your relationship with Radish (whether based in contract, tort, fraud, misrepresentation, or any other legal theory, and regardless if the claims arise during or after the termination of the Terms) will be determined by mandatory binding arbitration. Notwithstanding the foregoing, arbitration may be waived by the mutual written agreement of the parties. In the event this mandatory arbitration provision is invalidated, in whole or in part, by an authority of competent jurisdiction, the parties agree that the exclusive jurisdiction and venue for any such dispute, claim, or controversy related to these Terms shall be exclusively governed by the choice of law provisions contained in section 18.1 herein.
    4. Any arbitration between you and Radish will take place under arbitration rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by the arbitration provisions herein, and the Federal Arbitration Act governs the interpretation and enforcement of these arbitration policies. The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org. You and Radish agree that the arbitrator shall have the power to rule on any objections with respect to the existence, scope, or validity of the arbitration provisions contained herein or to the arbitrability of any claim or counterclaim. The arbitrator must follow these terms and has the power to award the same damages and relief as a court could award (including reasonable attorney fees, as and when specified herein), except that the arbitrator may not award you any declaratory or injunctive relief, unless otherwise explicitly permitted herein. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
    5. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, or in the event that you have an email address on file as part of your Account, by electronic mail (“Arbitration Notice”). Radish’s address for Arbitration Notice is: 335 Madison Avenue, 3rd Floor, New York, New York 10017 c/o Grand Central Tech. The Arbitration Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. Each party hereto agrees to use good faith efforts to resolve the claim directly, but if we are unable to reach an agreement to do so within thirty (30) days after the Arbitration Notice is received, you or Radish may commence an arbitration proceeding.
    6. Notwithstanding the foregoing, the mandatory arbitration referred to herein shall not apply to users:
      1. outside the United States; and
      2. provided an arbiter or court (if applicable) decides that applicable law precludes enforcement of any of arbitration provisions herein to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, in accordance with all choice of law provisions contained herein.
    7. Nothing herein shall be deemed to preclude you from bringing issues to the attention of federal, state, or local agencies.
  19. Notices
    1. All legal notices pursuant to the Terms shall be in writing and shall be given by email to Radish at: support@radishfiction.com. By using the Platform, you agree that any notice due under the Terms that Radish sends you electronically will satisfy any legal communication or notification. You agree to keep all of your contact information contained in your Account up to date, and we are not responsible in the event you fail to keep your Account or contact information up to date.
  20. International Use
    1. The Platform is directed to, and is for use by, only users in the United States. We make no promise that Platform, Works, or otherwise provided for herein are appropriate or available for use in locations outside the United States and accessing the Platform, Works, or otherwise provided for herein from territories where its contents are illegal or unlawful is prohibited, including, without limitation, certain restrictions to possessing Works in other jurisdictions. If you choose to access the Platforms from locations outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Also, if you use the Platform outside of the United States, please be aware that any information Radish collects may be transferred to, stored, and/or processed in the United States, please see our Privacy Policy for more information.
  21. Contact Information
    1. If you have any questions, concerns, or comments about our Terms of Service, you may contact us at: support@radishfiction.com.