TERMS OF SERVICE

Your Acceptance

By using and/or visiting this website located at the rad.live domain name (the “Website”) or any of the services, features, content or applications provided by Little Star Media (“Little Star Media, Inc.”, “Rad”, “we”, “us” or “our”), including without limitation those offered through the Website, any and all mobile applications, Apple TV, Android TV, or any Smart TV applications, PlayStation or any other game console, mobile virtual or augmented reality wearables, and any and all other immersive audio-visual experience applications, including but not limited to virtual reality and augmented reality applications (the “App” or “Apps”, collectively with the Website, the “Services”), you signify your agreement to (1) these terms and conditions (“Agreement”); (2) Little Star Media’s privacy notice and incorporated here by reference; and (3) the Copyright Infringement Notification policy, (collectively, the “Terms of Service”). If you do not agree to any of these Terms of Service please do not use the Little Star Media Services.

Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version on this page. Little Star Media may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Little Star Media Services

These Terms of Service apply to all users of the Little Star Media Services, including users who are also contributors of image content, video content, non-fungible tokens (“NFTs”) or fungible tokens, information, and any and all other materials or services on the Services. The Little Star Media Services includes all aspects of Little Star Media, including but not limited to all products, software, APIs, SDKs, and services offered via the website, hosting, or developer services.

The Little Star Media Services may contain links to third party websites that are not owned or controlled by Little Star Media. Little Star Media has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Little Star Media will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve Little Star Media from any and all liability arising from your use of any third-party website.

Accordingly, we encourage you to be aware when you leave the Little Star Media Services, and to read the terms and conditions and privacy policy of each third website that you visit.

Little Star Media Services may use third party cloud services, hosting, open source technologies, databases, an blockchains (“3rd Party Services”) that are not controlled by Little Star Media. While Little Star Media makes every best effort to ensure the integration, safety, and reliability related to these services, Little Star Media has no control over, and assumes no responsibility for these services or their availability, safety, and reliability. By using Little Star Media Services, you expressly relieve Little Star Media from any and all liability from issues arising from 3rd Party Services.

Rad Accounts

In order to access some features of the Services, you will have to create a Rad account (“Account”). You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Little Star Media immediately of any breach of security or unauthorized use of your account.

Little Star Media makes use of third party, self-custodial, Web3-based wallets such as MetaMask or similar (“Wallets”) for enabling your interaction with the blockchain. Your Wallet, identity, and assets connected from your Wallet to the Services, Website, or Apps, are your sole responsibility, and you expressly relieve Little Star Media from any and all liability arising from hacks, failed transactions, software issues, compromises, or any other issues arising from your Wallet.

Although Little Star Media is not be liable for your losses caused by any unauthorized use of your account or unrelated and independent use of your wallet Wallet, you may be liable for losses incurred by Little Star Media or others due to such unauthorized, abusive, unintentional, or intentionally nefarious use on the Services.

General Use of the Services-Permissions and Restrictions

Little Star Media hereby grants you permission to access and use the Services as set forth in these Terms of Service, provided that: You agree not to distribute in any medium any part of the Services, including but not limited to User Submissions (defined below), without Little Star Media’s prior written authorization.

You agree not to alter or modify any part of the Services, including but not limited to Little Star Media’s, API responses, data services, or Embeddable Player or any of its related technologies.

You agree not to access User Submissions (defined below) or Little Star Media Content (defined below) through any technology or means other than the content pages or applications of the Services, the Little Star Media Embeddable Player, or other explicitly authorized means Little Star Media may designate.

Without Little Star Media’s express approval, you agree not to use the Services for commercial uses, including: (i) sale of access to the Services or its related services (such as the Embeddable Player) on another website; and (ii) any use of the Services or its related services (such as the Embeddable player) that Little Star Media finds, in its sole discretion, to use Little Star Media’s resources or User Submissions with the effect of competing with or displacing the market for Little Star Media, Little Star Media content, or its User Submissions.

Prohibited commercial uses do not include: (i) uploading original content to the Little Star Media Services to promote your business or artistic enterprise; (ii) using the Embeddable Player to show videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to compete with Little Star Media; and (iii) any use that Little Star Media expressly authorizes in writing.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Services in a manner that sends more request messages to the Little Star Media servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Little Star Media grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Little Star Media reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Services, nor to use the communication systems provided by the Services for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Services with respect to their User Submissions.

In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.

Little Star Media reserves the right to discontinue any aspect of the Little Star Media Services at any time.

Your Use of Content on the Services

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Little Star Media Services.

The content on the Little Star Media Services, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Little Star Media, subject to copyright and other intellectual property rights under the law. Content on the Services is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Little Star Media reserves all rights not expressly granted in and to the Services and the Content.

You may access User Submissions for your information and personal use solely as intended through the provided functionality of the Little Star Media Services. You shall not copy or download any User Submission unless you see a “download” or similar link displayed by Little Star Media on the Little Star Media Services for that User Submission.

Content that requires a purchase to access, such as subscription-based content, one time purchases, blockchain-based assets sold for cryptocurrency or otherwise, or any paid-access content (“Premium Content”), shall only be accesses after the intended purchase has been made in order to view that content. Any intentional or illegal attempts to access, stream, or view this content without payment or permission may result in action against your Account or pursuing legal and financial remedies.

User Submissions are made available to you for your information and personal use solely as intended through the normal functionality of the Little Star Media Services. User Submissions are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Little Star Media Services or otherwise as prohibited under this Agreement.

You may access Little Star Media Content, User Submissions and other content only as permitted under this Agreement. Little Star Media reserves all rights not expressly granted in and to the Little Star Media Content and the Little Star Media Services.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Services for any commercial purposes.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Little Star Media Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Little Star Media Services or the Content therein.

You understand that when using the Little Star Media Services that Little Star Media is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Submissions. You further understand and agree to indemnify and hold Little Star Media, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

Your User Submissions and Conduct

As a Little Star Media account holder you may be able to submit traditional fixed frame video, 360 degree video, 180 degree video, volumetric video, or any other immersive, short or long form, or traditional video content (“User Videos”), image content (“User Images”), channels, branded accounts, or collections of content (“Channels”), and textual content (“Text”). User Videos, User Images, Channels and Text are collectively referred to as “User Submissions.” You understand that whether or not such User Submissions are published, Little Star Media does not guarantee any confidentiality with respect to any User Submissions.

You shall be solely responsible for Your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Little Star Media to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Services and these Terms of Service.

For clarity, you retain all of your ownership rights in your User Submissions. You understand and agree, however, that Little Star Media may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. You grant Little Star Media a worldwide, non-exclusive, royalty-free license with the right to sub-license and transfer, for an indefinite period, to use Your User Submissions to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Services and our (and our successors’ and assigns’) businesses, including Your brand logos and other marks as they may be uploaded as profile pics and embedded in User Submissions.

In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Little Star Media all of the license rights granted herein. In addition, you shall not (and shall not permit any third party to) submit or otherwise distribute or facilitate distribution of any User Submission that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, excessively profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion.

Little Star Media does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and Little Star Media expressly disclaims any and all liability in connection with User Submissions. Little Star Media does not permit copyright infringing activities and infringement of intellectual property rights on its Services, and Little Star Media will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Little Star Media reserves the right to remove Content and User Submissions without prior notice.

Assumption of Risk Related to Cryptocurrencies

Value and Volatility. The prices of cryptocurrencies, NFTs, or other collectible blockchain-based assets, open editions, and tokens are extremely volatile and subjective, and have no inherent or intrinsic value. Fluctuations in the price of other blockchain-based assets, including but not limited to cryptocurrencies Bitcoin and Ethereum, could materially and adversely affect the value of NFTs, which may also be subject to significant price volatility. Little Star Media cannot guarantee that any blockchain-based asset or NFTs purchased, sold, or showcased via the Apps (“Collectible”) will retain their original value, as the value of collectibles is inherently subjective, and factors occurring outside of the Rad and Little Star Media ecosystem may materially impact the value and desirability of any particular NFT.

Tax Calculations. You are solely responsible for determining what, if any, taxes apply to your NFT, cryptocurrency, or blockchain related transactions. Little Star Media is not responsible for determining the taxes that apply to your transactions on the Services.

Use of Blockchain. The Services do not store, send, or receive the information stored on the blockchain itself, as this is a function of the underlying blockchain technology which is maintained by a large network of decentralized nodes. Little Star Media, in certain circumstances related to transcoding, metadata, and performance, may use its own databases, computing, and hosting for increasing availability and streaming performance of blockchain-based assets, or providing services beyond what a particular blockchain may provide. Any transfer, transaction, or proof of purchase of Little Star Media’s blockchain-based assets occurs within blockchain, but could be supported by additional Services for performance and reliability. Any issues arising from failures in an underlying blockchain, including but not limited to, downtime, hacks or compromises of the blockchain network, any related network, coding, and software errors of a given blockchain.

Inherent Risks with Blockchain-based Currency. There are risks associated with using a Blockchain-based currency, including, but not limited to, the risk of hardware failures or slowdowns, failures in software and Internet connections, the risk of malicious software introduction, 3rd Party wallet software or hardware issues, and the risk that third parties may obtain unauthorized access to information stored within your electronic wallet. You accept and acknowledge that Little Star Media and Rad will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using Ethereum or any 3rd Party wallet software.

Regulatory Uncertainty. The regulatory frameworks governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially adversely affect the development of NFTs, and therefore the potential utility or value of your NFTs. Rad and Little Star Media shall not be responsible or held liable for any regulatory changes that may affect cryptocurrencies in any way.

Software Risks. Little Star Media does not maintain its own blockchain, and does not control any blockchain network. Upgrades to any blockchain, such as Ethereum or Bitcoin, including hard or soft forks, or a change in how transactions are confirmed on the given blockchain, may have unintended and adverse effects on all blockchain based assets, including those created, purchased, and accessed through the Services, as well as outside the Services. You accept and assume all risk related to blockchain network changes and upgrades, unrelated to, and not controlled by, the Services.

Account Termination Policy

Little Star Media will terminate a user’s access to its Services if, under appropriate circumstances, they are determined to be a significant violator of the Terms of Service, or a repeat infringer.

Little Star Media reserves the right to decide whether Content, an Account, or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to pornography, obscene, or defamatory material. Little Star Media may remove such User Submissions and/or terminate a user’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement 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 penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Little Star Media’s Copyright agent can be reached at 4849 Greenville Ave., Suite 100-188, Dallas, TX 75206, email: legal@littlstar.com. For clarity, only DMCA notices should go to the Copyright Agent; any other comments or requests for technical support, and other communications should be directed to Little Star Media customer service here. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent: Your physical or electronic signature; 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 you have a good faith belief that the content was removed or disabled as a result of mistake or a mis-identification of the content; and Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Little Star Media 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 Little Star Media’s sole discretion.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE LITTLE STAR MEDIA, INC. SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LITTLE STAR MEDIA, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “LITTLE STAR PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. THE LITTLE STAR PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO BY THESE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LITTLE STAR MEDIA, INC. SERVICES. LITTLE STAR MEDIA, INC. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE LITTLE STAR MEDIA, INC. SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LITTLE STAR MEDIA, INC. WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL LITTLE STAR MEDIA, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LITTLE STAR MEDIA, INC. SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT LITTLE STAR MEDIA, INC. SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Services are controlled and offered by Little Star Media from its facilities in the United States of America. Little Star Media makes no representations that the Little Star Media Services are appropriate or available for use in other locations. Those who access or use the Little Star Media Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless Little Star Media, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Little Star Media Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Little Star Media Services.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Little Star Media Services is not intended for children under 13. If you are under 13 years of age, then please do not use the Little Star Media Services.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Little Star Media without restriction.

General

You agree that: (i) the Little Star Media Services shall be deemed solely based in New York; and (ii) the Little Star Media Services shall be deemed a passive website and other services that do not give rise to personal jurisdiction over Little Star Media, either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and Little Star Media that arises in whole or in part from your use of the Little Star Media Services shall be decided exclusively by a court of competent jurisdiction located in New York County, New York. These Terms of Service, together with the Privacy Policy and any other legal notices published by Little Star Media on the Services, shall constitute the entire agreement between you and Little Star Media concerning the Little Star Media Services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term in these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Little Star Media’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Little Star Media reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Little Star Media Services following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND LITTLE STAR MEDIA, INC. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE LITTLE STAR MEDIA, INC. WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

PREMIUM SUBSCRIPTIONS

The terms of service governing premium subscriptions can be found here.

PURCHASING NFTs AND BLOCKCHAIN-BASED ASSETS

Acquiring blockchain-based assets. Rad allows you to purchase, earn, collect, sell, resell, and showcase blockchain-based assets.

Purchasing Collectibles. You can purchase Collectibles by buying them from the Services during an initial sale, or by buying Collectibles from other users in Collectible Marketplace (“Marketplace”). There are different types of Collectibles available for purchase on Rad, and we reserve the right to modify the types, prices, and numbers of Collectibles available at our sole discretion. Depending on the type of Collectible you buy, there could be varying levels of scarcity or an unlimited amount. Before you buy a Collectible, we will let you know the types of Collectibles and their rarity or limited edition quantities. If you buy an individual Collectible from another user in the Marketplace, you will know the exact Collectible that you are purchasing. We strongly encourage you not to purchase Collectibles outside of the Services that were created and sold originally through the Services. If you decide to purchase Collectibles in any other way, such as through a third party marketplace like OpenSea, you understand that such purchases are potentially fraudulent and will be entirely at your sole risk.

Earning Collectibles, tokens, or rewards (“Rewards”). You can earn Collectibles, tokens, or rewards for free by participating in certain challenges or marketing campaigns on the Services, or by completing certain in-App tasks that we may make generally available from time to time. These Rewards might include the Rad Stream Pass, blockchain-based fungible tokens, or other NFTs unrelated to the Services.

Characteristics of Collectibles. Collectibles can consist of any type of media Rad deems appropriate for the community. These may include video, photos, music, gifs, documents, executables, holographic video, 360 or 180 degree video, or any other type of digital content. Collectibles may also include physical or real world experiences included in an auction or limited edition sale. Each of these Collectibles will have varying levels of scarcity and pricing set by the content owners in collaboration with the Services.

Subjectivity of Collectibles. The value of each Collectible is inherently subjective, in the same way the value of other collectibles is inherently subjective. Each Collectible has no inherent or intrinsic value. Some collectors might prefer one clip, movie, TV show, image, or other asset over another, assigning their own value to such assets. Each channel, studio, or film, show, Account, or celebrity can have more than one Collectible associated with them, and those Collectibles will each have different characteristics.

Blockchain-based Payment, Gas Fees, and Taxes

Blockchain-based Financial Transactions on Services. Any blockchain-based payments or financial transactions that you engage in via the Services will be conducted solely through the associated blockchain network and 3rd Party Wallet. Little Star Media has no control over these payments, wallets, or transactions, nor do we have the ability to reverse any payments or transactions. We have no liability to you, or to any third party, for any claims or damages that may arise as a result of any payments or transactions that you engage in via the Services or 3rd Party wallets, or any other payment or transactions that you conduct via a blockchain network. We do not provide refunds for any Collectible purchases that you might make on or through the Services.

Gas Fees. Every transaction on the Ethereum Network and other blockchains may require the payment of a transaction fee (each, a “Gas Fee”). The Gas Fees fund the network of computers that run the decentralized Ethereum Network. This means that you may need to pay a Gas Fee for each transaction that you instigate via the App. Except as otherwise expressly set forth in these Terms, you will be solely responsible to pay any Gas Fee for any transaction that you instigate via the Apps.

Taxes. You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, the “Taxes”) associated with your use of the Apps. Except for income taxes levied on us, you: (a) will pay or reimburse us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (b) will not be entitled to deduct the amount of any such taxes, duties or assessments from payments (including Gas Fees) made to us pursuant to these Terms.

Ownership, License, and Ownership Restrictions

YOUR OWNERSHIP OF COLLECTIBLEs WILL ONLY BE RECOGNIZED BY US IF YOU HAVE PURCHASED OR OTHERWISE RIGHTFULLY ACQUIRED SUCH COLLECTIBLEs FROM A LEGITIMATE SOURCE AND NOT THROUGH ANY OF THE PROHIBITED ACTIVITIES (AS DEFINED BELOW).

For the purposes of this Section 4, the following capitalized terms will have the following meanings:

“Art” means any art, design, and drawings (in any form or media, including, without limitation, video or photographs) that may be associated with a Collectible that you Own.

“Own” means, with respect to a Collectible, a Collectible that you have purchased or otherwise rightfully acquired from a legitimate source (and not through any of the Prohibited Activities (as defined below)), where proof of such purchase is recorded on the blockchain.

“Purchased Collectible” means a Collectible that you Own. “Third Party IP” means any third party patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world.

Ownership of Collectible. Because each Collectible is a blockchain-based assets, when you purchase a Collectible in accordance with these Terms (and not through any of the Prohibited Activities), you own the underlying blockchain-based asset completely, unless otherwise specified by the original content creator. This means that you have the right to swap your Collectible, sell it, or give it away. Except as otherwise permitted by these Terms of Service in cases where we determine that the Collectible has not been rightfully acquired from a legitimate source (including, without limitation, through any of the Prohibited Activities), at no point will we seize, freeze, or otherwise modify the ownership of any Collectible.

We Own the Apps. You acknowledge and agree that we (or, as applicable, our licensors) owns all legal right, title and interest in and to all other elements of the Apps, and all intellectual property rights therein (including, without limitation, all Art, designs, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Apps (collectively, the “App Materials”)). You acknowledge that the App Materials are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All App Materials are the copyrighted property of us or our licensors, and all trademarks, service marks, and trade names associated with the App or otherwise contained in the App Materials are proprietary to us or our licensors.

No User License or Ownership of App Materials. Except as expressly set forth herein, your use of the Apps does not grant you ownership of or any other rights with respect to any content, code, data, or other App Materials that you may access on or through the Apps. We reserve all rights in and to the App Materials that are not expressly granted to you in these Terms.

Further User Ownership Acknowledgements. For the sake of clarity, you understand and agree: (a) that your purchase of a Collectible, whether via the Apps or otherwise, does not give you any rights or licenses in or to the App Materials (including, without limitation, our copyright in and to the associated Art) other than those expressly contained in these Terms; (b) that you do not have the right, except as otherwise set forth in these Terms, to reproduce, distribute, or otherwise commercialize any elements of the App Materials (including, without limitation, any Art) without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion; and (c) that you will not apply for, register, or otherwise use or attempt to use any of our trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which consent we may withhold at our sole and absolute discretion.

User License to Art. Subject to your continued compliance with these Terms, we grant you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Art for your Purchased Collectibles, solely for the following purposes: (a) for your own personal, non-commercial use; (b) as part of a marketplace that permits the purchase and sale of your Purchased Collectibles, provided that the marketplace cryptographically verifies each Collectible owner’s rights to display the Art for their Purchased Collectible to ensure that only the actual owner can display the Art; or (c) as part of a third party website or application that permits the inclusion, involvement, or participation of your Purchased Collectible, provided that the website/application cryptographically verifies each Collectible owner’s rights to display the Art for their Purchased Collectible to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Purchased Collectible leaves the website/application.

Restrictions on Ownership. You agree that you may not, nor permit any third party to do or attempt to do any of the foregoing without our (or, as applicable, our licensors’) express prior written consent in each case: (a) modify the Art for your Purchased Collectible in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (b) use the Art for your Purchased Collectible to advertise, market, or sell any third party product or service; (c) use the Art for your Purchased Collectible in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (d) use the Art for your Purchased Collectible in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in these Terms or solely for your own personal, non-commercial use; (e) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Art for your Purchased Collectible; (f) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Art for your Purchased Collectible; or (g) otherwise utilize the Art for your Purchased Collectible for your or any third party’s commercial benefit.

3rd Party IP. If the Art associated with your Purchased Collectible contains 3rd Party IP (e.g., licensed intellectual property from a studio, celebrity, brand, or otherwise), you understand and agree as follows: (a) that you will not have the right to use such 3rd Party IP in any way except as incorporated in the Art, and subject to the license and restrictions contained herein; (b) that, depending on the nature of the license granted from the owner of the 3rd Party IP, we may need to (and reserve every right to) pass through additional restrictions on your ability to use the Art; and (c) to the extent that we inform you of such additional restrictions in writing, you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of this license.

Other Terms of License. The license granted in Section 4(v) above applies only to the extent that you continue to Own the applicable Purchased Collectible. If at any time you sell, swap, donate, give away, transfer, or otherwise dispose of your Purchased Collectible for any reason, the license granted above will immediately expire with respect to that Collectible without the requirement of notice, and you will have no further rights in or to the Art for that Collectible. These restrictions will survive the expiration or termination of these Terms.

User Feedback. You may choose to submit comments, bug reports, ideas or other feedback about the App, including without limitation about how to improve the Apps (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.

Prohibited Activity

Prohibited activities include actions that in any manner:

  1. involve creating user accounts by automated means or under false or fraudulent pretenses;

  2. involve the impersonation of another person (via the use of an email address or otherwise);

  3. involve using, employing, operating, or creating a computer program to simulate the human behavior of a user (“Bots”);

  4. involve using, employing, or operating Bots or other similar forms of automation to engage in any activity or transaction on the Apps;

  5. involve acquiring Collectibles through inappropriate or illegal means (including, among other things, using a stolen credit card, or a payment mechanism that you do not have the right to use, or purchasing a Collectible and then attempting to charge the cost back to your payment method while still maintaining ownership or control of the Collectible or selling, gifting or trading the Collectible to someone else); or

  6. involve the purchasing, selling or facilitating the purchase and sale of any user’s account(s) to other users or third parties for cash or cryptocurrency consideration outside of the App; or

  7. otherwise involve or result in the wrongful seizure or receipt of any Collectibles or other digital assets.

Effect of Your Breaches. If you engage in any of the Prohibited Activities, we may, at our sole and absolute discretion, without notice or liability to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your user account and/or delete your Collectibles’ images and descriptions from the Apps. If we delete your Collectibles’ images and descriptions from the Apps, such deletion will not affect your ownership rights in any Collectibles that you already Own, but you will not receive a refund of any amounts you paid for those Collectibles.

NOTWITHSTANDING THE FOREGOING, HOWEVER, IF WE REASONABLY BELIEVE THAT YOU ARE ENGAGED IN ANY OF THE PROHIBITED ACTIVITIES, IN ADDITION TO OUR RIGHT TO IMMEDIATELY SUSPEND OR TERMINATE YOUR USER ACCOUNT AND/OR DELETE YOUR COLLECTIBLES’ IMAGES AND DESCRIPTIONS FROM THE APP, WE ALSO RESERVE THE RIGHT, AT OUR SOLE AND ABSOLUTE DISCRETION, WITHOUT NOTICE OR LIABILITY TO YOU, TO TAKE ANY OR ALL OF THE FOLLOWING ACTIONS: (A) TO DEEM ANY TRANSACTION THAT TOOK PLACE VIA OR AS THE RESULT OF SUCH ACTIVITIES TO BE VOID AB INITIO; AND/OR (B) TO IMMEDIATELY CONFISCATE ANY COLLECTIBLES THAT WERE PURCHASED OR ACQUIRED AS THE RESULT OF SUCH ACTIVITIES.

AR TERMS OF SERVICE

In addition to the Terms of Service (as defined above), these terms and conditions (“AR Terms”) govern any use or interaction with augmented reality assets, including but not limited to, volumetric content, video content, image content, campaign content, and textual content that users interact with on mobile devices (collectively, “AR Content”), which has the ability to be shared on third party websites, including but not limited to social media networking websites, through the Services (the Services that relate only to the AR Content shall be defined as “AR Services”).

Rad owns or has the right and license to distribute to the AR Content and AR Services and expressly reserves, all intellectual property rights related thereto. Although you may share AR Content on social media networking websites that Rad provides links to, Rad does not grant any license, nor assign or otherwise relinquish its ownership or right to AR Content or AR Services either to you, the owner of the social media networking website, or any other third party.

The attribution of the right to share AR Content does not include the right to alter, transform or to make derivative works of the AR Content. The right to share the AR Content is furthermore restricted to personal, non-commercial purposes only. All use of AR Content other than sharing on social media networking websites requires explicit prior written consent. Rad reserves the right to recall, at any time, and to take any legal action available to prohibit abuse of the attribution of right to share AR Content. Rad is not responsible, does not endorse, and is not liable for any opinion, services, or advertisements available on social media networking websites.

The AR Service and AR Content have been created and compiled carefully by Rad. Rad is not liable for any damage resulting from any direct or indirect use of, or inability to use, this Service or any information or Content made available on or via the Service.

By uploading, distributing, using or otherwise interacting with the AR Content on or through the AR Service, you agree that: (i) you will not use the AR Content or Services for any purpose that is illegal; (ii) you will not encourage or promote any activity that violates these Terms; (iii) your use does not violate the privacy rights, publicity rights, contract rights, copyright, trademark, trade secret, other intellectual property rights, or any other rights of any person or entity; and/or (iv) does not result in a breach of contract between you and a third party.

Rad expressly reserves the right to recall, at any time, and to take any legal action available if it finds, in its sole discretion, that your upload, distribution, sharing or use of the AR Content on or through the Services (including AR Service) violates any of these AR Terms or applicable law or regulation.

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Little Star Media, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (i) your access to, and use of the Services, including the AR Service, for uploading, distributing, using, or otherwise interacting with the AR Content; (ii) your AR Content; and (iii) your breach of these AR Terms.