TERMS OF SERVICE - Updated December 30, 2024

Your Acceptance

By using and/or visiting this website located at the rad.live or radtv.com domain name (the “Website”) or any of the services, features, content or applications provided by Little Star Media, Inc. and Rad TV (“Little Star Media”, “LSM”, “Rad TV”, “Company”, “we”, “us” or “our”), including without limitation those offered through the Website, any and all mobile applications, Smart TV applications, game consoles, virtual or augmented reality applications or wearables, and any and all other audio-visual experience applications, physical installations or events, or devices known and unknown (the “App” or “Apps”, collectively with the Website, the “Services”), you signify your agreement to (1) these terms and conditions (“Agreement”); (2) Rad TV’s privacy notice and incorporated here by reference; and (3) the Copyright Infringement Notification policy, (collectively, the “Terms of Service” or “Terms”). If you do not agree to any of these Terms of Service please do not use the Rad TV 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. Rad TV may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and by continuing to use the Services after changes are made, 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.

The Services

These Terms of Service apply to all users of the Rad TV Services, including general users and viewers (“Viewers”), developers (“Developers”), and users who are also contributors of image content, audio or video content, game content, non-fungible tokens (“NFTs”), fungible tokens, information, or any other materials presented in connection with the Services (“Creators”). The Rad TV Services include all aspects of Rad TV, including but not limited to all consumer and creator products, software, APIs, SDKs, and professional services offered via the website, hosting, or developer services.

The Rad TV Services may contain links to third party websites that are not owned or controlled by Rad TV. Rad TV has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Rad TV will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve Rad TV 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 Rad TV Services, and to read the terms and conditions and privacy policy of each third website that you visit.

Rad TV Services may use third party cloud services, hosting, open source technologies, databases, and blockchains (“3rd Party Services”) that are not controlled by Rad TV. While Rad TV makes every best effort to ensure the integration, safety, and reliability related to these services, Rad TV has no control over, and assumes no responsibility for these services or their availability, safety, and reliability. By using the Services, you expressly relieve Rad TV from any and all liability from issues arising from 3rd Party 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 Services is not intended for children under 13. If you are under 13 years of age, then please do not use the 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 Rad TV without restriction.

Rad TV Accounts

In order to access some features of the Services, you will have to create a Rad TV account (“Account”). You may never use another User’s account without their 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, and you must notify Rad TV immediately of any breach of security or unauthorized use of your account.

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

Although Rad TV is not 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 Rad TV or others due to such unauthorized, abusive, unintentional, or intentionally nefarious use on the Services.

General Use of the Services-Permissions and Restrictions

Rad TV 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 Rad TV’s API responses, data services, Embeddable Player, or any of its related technologies.

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

Without Rad TV’s express approval, you agree not to use the Services for prohibited 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 Rad TV finds, in its sole discretion, to use Rad TV’s resources or User Submissions with the effect of competing with or displacing the market for Rad TV, Rad TV content, or its User Submissions.

Prohibited commercial uses do not include: (i) uploading original content to the Rad TV 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 Rad TV; and (iii) any use that Rad TV 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 Rad TV 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, Rad TV grants the operators of public search engines permission to use spiders to crawl 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. Rad TV 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 services, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.

Rad TV reserves the right to discontinue any aspect of the Services at any time.

User Feedback. You may choose to submit comments, bug reports, ideas or other feedback about the Service, 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.

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 Services.

The content on the 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 Rad TV, 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. Rad TV reserves all rights not expressly granted in and to the Services and the Content.

Rad TV hereby grants you a worldwide, non-exclusive, non-sublicensable license to use, publish, display, and transmit the Marks solely for: (a) identifying the Service on which the User Submissions are available to consumers; (b) marketing and promoting the Services and the availability of the User Submissions on the Services; and (c) promoting approved arrangements between you and Rad TV. Should Rad TV find any use of the Marks objectionable, Rad TV shall notify you of such objectionable use in writing and may request removal. The Marks are and shall remain the exclusive property of Rad TV. You agree that you will do nothing inconsistent with such ownership and shall not at any time tarnish, denigrate, disparage, engage in any act or omission that reflects adversely on, or make damaging statements concerning the Marks, Rad TV’s business, officers, directors, employees, activities, services, or products. The use of the Marks by you and all goodwill arising therefrom will inure solely to the benefit of Rad TV.

You may access User Submissions for your information and personal use solely as intended through the provided functionality of the Services. You shall not copy or download any User Submission unless you see a “download” or similar link displayed by Rad TV on the 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 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 Content, User Submissions and other content only as permitted under this Agreement. Rad TV reserves all rights not expressly granted in and to the Content and the 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 Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein.

You understand that when using the Services that Rad TV 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 Rad TV, 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 Rad TV account holder you may be able to submit traditional fixed frame rectangular, landscape, portrait, or square video, 360 degree video, 180 degree video, volumetric video, 3D objects, models, or any other immersive on traditional short or long form video content (“User Videos”), image content (“User Images”), channels, branded accounts, playlists, 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, Rad TV 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.

You grant Rad TV 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 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 pictures or embedded in User Submissions. You understand and agree that Little Star Media may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. In the case that a User Submission was purchased by a User, then deleted by the publisher, purchased copies may still be made available to purchasers of that content. You retain all of your ownership rights in your User Submissions.

For avoidance of doubt, the preceding clause is to enable Rad TV to distribute your content globally, promote it exclusively in connection with its services to support creators, and efficiently manage distribution arrangements within its parent company, subsidiaries, mergers, acquisitions, or spin-off entities. Rad TV will not monetize your content on any third-party service without your explicit consent. Furthermore, Rad TV has no intention of engaging in a sub-licensing business, particularly in any manner that would compromise creators' rights or intellectual property.

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 Rad TV 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.

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

Sales of User Submissions on the Services

The Services allow for User Submissions to be sold, either through transactional sales, limited or open editions, or through the Rad TV Premium Subscription (“Subscription Service”), and in accordance with the User Submissions and Conduct section above, you may make your User Submissions available for sale in these ways.

Individual or Multiple Transactional Sales (“Transactional Sale”). User Submissions added to the Service for Transactional Sales on the blockchain can be sold as one-of-one or one-of-many (“Limited Edition”), or one of infinite editions (“Open Edition”), to Viewers on the Service. Creators have the ability to add multiple payout wallets on the same blockchain where the User Submissions is being created or minted. For each video sold transactionally in this manner, 70% of the revenue generated is sent to the wallets specified in the User Submissions monetization section. User Submissions created in this manner also have the ability to be included in the Subscription Service, with the terms specified in Subscription Sales hereunder. Transactional Sale payouts occur immediately upon completion of the transaction, and all payouts are handled via smart contract written in software code on the blockchain.

Subscription Sales. User Submissions included in the Subscription Service receive a percentage share, on a minutes-viewed basis, of 70% of net revenue derived from the Subscription Service. The percentage due to the Creator shall be calculated by (i) summing total minutes viewed by all Viewers for all premium content and features of the Subscription Service and determining the percentage of time the Creator’s User Submissions were viewed relative to other content, and (ii) then using that percentage of minutes viewed of the User Submissions to share in the 70% total revenue due to all Subscription Service participants (including Rad TV’s owned and operated originals and features) collectively. For example, if the User Submission is viewed 50% of the total viewership time across all of the Services content and features, Creator would be entitled to receive 50% of the 70% share of net revenues. Subscription payouts occur on a monthly basis, approximately 30 days after the close of the reporting month, and require a $25 minimum amount for payout. 

Reporting. The Service provides data to Creators on the performance of their User Submissions. The data points presented are subject to change and special requests for additional data or reporting may or may not be honored at the sold discretion of Rad TV.

Territory. The Service and all of the User Submissions are made available globally.

Withdrawal or Deletion of User Submissions. Creators may decide to hide or delete User Submissions from time to time. User Submissions only included in the Subscription Service will be removed from the Subscription Service, and User Submissions only included as a Transactional Sale will be removed, but any purchasers of the content will retain access to the User Submission. User Submissions that are included in both the Subscription Service and Transactionally together, but are removed from the Service, will be removed from the Subscription Service and from availability to be purchased as a Transactional Sale, but any User Submission purchased as a Transactional sale will still be made available to the purchaser. Deletion or removal of User Submissions on the Service should be considered a soft-delete, such that Rad TV may retain a copy for an indefinite period of time for compliance, reporting, or review in circumstances arising from legal requests.  

Purchasing NFTs and Blockchain-based Assets

Acquiring blockchain-based User Submissions (“Collectibles”). Rad TV may allow you to purchase, earn, collect, sell, resell, and showcase blockchain-based assets.

Purchasing Collectibles. You can purchase Collectibles by buying them from the Services. There are different types of Collectibles available for purchase on the Services, and depending on the type of Collectibles, there could be varying levels of scarcity or an unlimited amount. Before you buy a Collectibles, the Service will let you know the types and rarity or limited edition quantities. If you buy individual Collectibles from a Creator, you will know the exact Collectibles 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 Discounts, Tokens, or Rewards (“Rewards”). You may be able to earn Rewards from time to time 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. These Rewards might include the Stream Pass, blockchain-based fungible tokens, or other NFTs, tokens, discounts, or cryptocurrencies unrelated to the Services.

Characteristics of Collectibles. Collectibles can consist of any type of media defined as a User Submission or that Rad TV deems valuable to the community. 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. Collectibles are priced in cryptocurrency value, which can fluctuate substantially, and Creators have the ability to add resale royalties that pay them a percentage of any resale effectuated by the purchaser. Collectibles may also include metadata or files that are too large to fit within the blockchain itself, and as such the Service stores these files or metadata on 3rd party services, hosting, or metadata providers. Ownership, payments and royalties are handled by smart contracts on the blockchain, and transcoding, storage, and adaptive bitrate streaming is done off the blockchain to maintain high availability and high performance streaming Services. You understand and agree that while your ownership and payments happen on the blockchain via smart contracts, the underlying video asset is managed by 3rd party hosting, encoding, and streaming services. Downloads of, or access to, the underlying Purchased Collectible data may be made available by the creator in their sole discretion.

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, Network Fees, and Taxes

Blockchain-based Financial Transactions on the 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. Rad TV 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.

Network Fees. Every transaction on the Ethereum or Base Network, and other blockchains, may require the payment of a Network Fee. The Network Fees fund the network of computers that run the decentralized blockchain network. This means that you may need to pay a Network Fee for each transaction that you instigate via the Services. Except as otherwise expressly set forth in these Terms of Service, you will be solely responsible to pay any Network Fee for any transaction that you instigate via the Services.

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 Services. 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 of Service.

Collectible Ownership, License, and Ownership Restrictions

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

For the purposes of this Section, 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, audio, images, gifs, 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 Collectibles. Because each Collectible is a blockchain-based asset, when you purchase a Collectible in accordance with these Terms of Service (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.

Further User Ownership Acknowledgements. For the sake of clarity, you understand and agree: (a) that your purchase of a Collectible, whether via the Services or otherwise, does not give you any rights or licenses in, or to, the Content or Marks (including, without limitation, our copyright in and to the any associated Art) other than those expressly contained in these Terms of Service; (b) that you do not have the right, except as otherwise set forth in these Terms of Service, to reproduce, distribute, or otherwise commercialize any elements of the Content, User Submissions, or Marks (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 Service or Creator Marks or Art, or any confusingly similar Marks or Art, 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 of Service, 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 of Service 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 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 of Service.

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. Rad TV 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. Rad TV 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. Rad TV, 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 blockchain-based assets occurs within blockchain, but could be supported by additional Services for performance and reliability. Rad TV is not responsible for, and cannot be held liable for, any issues arising from failures in an underlying blockchain, including but not limited to, downtime, failed transactions, 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 Rad TV 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 TV shall not be responsible or held liable for any regulatory changes that may affect cryptocurrencies in any way.

Software Risks. Rad TV 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

Rad TV 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.

Rad TV 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. Rad TV 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.

Prohibited Activity

Prohibited activities include actions that in any manner involve:

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

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

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

4. Sharing your subscription or account information to circumvent premium access paywalls to the Service;

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

6. 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

7. 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

8. 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, 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’ underlying assets 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 it may revoke your access to some content not made available by Creators for download, and 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, 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 THE UNDERLYING ASSETS OF ANY COLLECTIBLES WE CONTROL WHICH WERE PURCHASED OR ACQUIRED AS THE RESULT OF SUCH ACTIVITIES AND/OR (C) IF FINANCIAL HARM WAS DONE TO THE SERVICES OR CREATORS ON THE SERVICE, SEEK FINANCIAL AND LEGAL REMEDIES TO THE FULLEST EXTENT OF THE LAW.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE 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 “RAD TV PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. THE RAD TV 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 SERVICES. RAD TV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND RAD TV 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 RAD TV, 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 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 RAD TV 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 Rad TV from its facilities in the United States of America. Rad TV makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the 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 Rad TV, 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 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 Services.

General

You agree that: (i) you are using the Services from a country not sanctioned by, and in good legal standing with, the United States; and (ii) the Services shall be deemed a passive service and platform, and other services do not give rise to personal jurisdiction over Rad TV, either specific or general, in jurisdictions other than the United States. These Terms of Service shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Any claim or dispute between you and Rad TV that arises in whole or in part from your use of the Services shall be decided exclusively by a court of competent jurisdiction located in Dallas County, TX. These Terms of Service, together with the Privacy Policy and any other legal notices published by Rad TV on the Services, shall constitute the entire agreement between you and Rad TV concerning the 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 Rad TV’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Rad TV 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 Services following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND RAD TV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Digital Millennium Copyright Act

For details on copyright and filing a claim or counterclaim, go here.

Premium Subscriptions

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

Developer API and Tools

The terms of service governing Developer APIs and Tools can be found here.