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Legals and Conditions



Privacy
Welcome, and thank you for your interest in Via.Me, owned and operated by RadiumOne, Inc. ("RadiumOne, we, or us"), and the Service, as described in the Via.Me Terms of Use. This Privacy Policy describes what information we gather from you, how we use and disclose that information, and what we do to protect it. By using the Service, you expressly consent to the information handling practices described in this policy.
This Privacy Policy is incorporated into and is subject to the Via.Me Terms of Use. The practices described in this policy apply only to our use of information supplied by you to us through the Via.Me Service, and do not apply to the RadiumOne website or other websites where our advertising technology is enabled, which are governed by the RadiumOne privacy policy. Information collected from you by others, such as third party web sites or social media services that you use through the Service, may also be governed by those entities' privacy policies.

Opt Out

If you prefer not to have online advertising tailored to your interest by RadiumOne, you may opt out at any time for tracking by one of the following methods:

  • Opt out of RadiumOne's user interest targeting cookie by clicking the button below. Please note that if you delete your cookies, change browsers, or use a different computer, you will need to Opt Out again.


It should also be noted that opting out does not mean you will not see advertisements online, but these advertisements will not be targeted based on your online user interest profile from us an individual vendor.

The Information RadiumOne Collects:

  1. User-Provided Information:

    You may provide to RadiumOne what is generally called "personally identifiable" information (such as your name, email address, and other contact information) when using the Service, such as when you register or use the Apps for the first time. If you use the Service with your mobile device, we may also have access to your device ID or phone number. If you use the Service with your mobile device, we may also have access to your Unique Device Identifier ("UDID"), or other device information that uniquely identifies individual smartphones or mobile devices (collectively, "Device ID"), if any, that we use to authenticate the user session. You may also provide us and other users with personally identifiable information during your use of the Service, for example when you message other users, submit User Postings, interact with other users of the Service through communication or messaging features, or send us customer service related requests.

  2. Account Information for Third Party Services:

    The Service may allow you to access one or more third party services, such as Twitter, Facebook, LinkedIn, or others. To access these services, you may provide us with your account information and password to enable us to access such third party services through the Service.

  3. "Cookies" Information:

    When you use the Service, we may send one or more cookies - small text files containing a string of alphanumeric characters - to your computer. RadiumOne may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. Persistent cookies can be removed. Please review your web browser "Help" file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential.

  4. "Automatically Collected" Information:

    When you use the Service or open one of our HTML emails, we may automatically record certain information from your web browser by using different types of technology, including "clear gifs" or "web beacons." This "automatically collected" information may include Internet Protocol address ("IP Address") or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after the Service, the pages you view on the Service, and the dates and times that you visit, access, or use the Service. This information is gathered for all users.

  5. Invitation Service:

    If you choose to use our invitation service to tell a friend about the Service, we may ask you for information needed to send the invitation, such as your acquaintance's email address or phone number. We may also offer you the opportunity to invite your friend via third-party services such as Facebook or Twitter. We will automatically send your friend a one-time email or message inviting him or her to try the Service. By providing email addresses or contact information of non-users, your represent that you have the right to do so and that such information may also be provided to the third-party service that you have designated to contact the non-user. We store this information to send this one-time invitation, to register a friend connection if your invitation is accepted, and to track the success of our referral program. Your friend may contact us at support@Via.Me to request that we remove this information from our database.

  6. Location Information:

    The Service offers features designed to help you share information with others, including in whole or in part based on your location. You will be given the opportunity to opt out of location-based Services, normally through an opt-out screen on the App. If you choose to enable location-based Services, we may collect your location based on information provided by you or your mobile device, including, if available, GPS, IP Address or cell tower information. If you choose to disable Location-based Services, you will not be able to utilize certain features of the Service.

  7. Payment Information:

    If you qualify based on certain criteria as a Qualified User of the Service, you may be entitled to receive payment based on the traffic that you generate on the Service. If you qualify under the terms of our Qualified User Program, we will require payment information on how to provide the payment to you, more details are available by contacting media@Via.Me. We take certain precautions to protect our users' information and to limit the risk that it will be accessed without authorization, including the use of certain industry standard technologies and practices as described in the Section entitled "Our Commitment to Data Security" below.

  8. Information from Other Sources:

    We may also obtain information, including personally identifiable information, from third parties and sources other than the Service, such as from your employer or other users who send messages to you through the Service. If we combine or associate information from other sources with personally identifiable information that we collect through the Service, we will treat the combined information as personally identifiable information in accordance with this Privacy Policy.

The Way RadiumOne Uses Information:

  1. RadiumOne uses the information you provide or that we collect to operate, maintain, enhance, and provide all of the features and services found on the Service. We will use your email address to contact you for administrative purposes, for customer service purposes, to address intellectual property infringement, rights of privacy, or defamation issues, or any regarding content that you have posted to the Service. You may not opt out of such communications. We may also use your email address to let you know about activity on your Via.Me account or other alerts that you have signed up for, or let you know about promotional offers for the Service, marketing communications, or for other SeatMe or third party products and services that you may be interested in. You may configure the nature and frequency of these messages or opt out of such messages through the Service.
  2. We use the account information and password that you have provided us for third party services solely enable you to access such third party services (such as Twitter and Facebook) through the Service. We do not use your account information and password for any other purposes.
  3. We use the location information that you provide or that we collect to provide content and services to you based on your location, such as displaying User Postings from other users of the Service based on your location or allowing you to communicate with other users of the Service based on your location. We also use your location to enable you to tag your User Postings with a location to enable location-based searching of your User Postings by other users of the Service. RadiumOne uses all of the information that you provide or that we collect and/or aggregate to understand and analyze the usage trends, interests, and preferences of our users, to improve the way the Service works and looks, and to create new features and functionality.
  4. RadiumOne may use "automatically collected" information and "cookies" information to: (a) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Service; (b) provide customized content and information to you; (c) monitor and analyze the effectiveness of RadiumOne and third party marketing activities; (d) monitor aggregate usage metrics such as total number of visitors, pages viewed, Apps accessed, etc.; and (e) track your entries, submissions, and status in any promotions or other activities.

When RadiumOne Discloses Information:

  1. Your privacy is very important to us, and we are not in the business of selling your information. We do, however, disclose your personal information in a variety of circumstances.
  2. The Service enables users to communicate in a variety of ways, including through by sending messages, texts, images, and other communications to other users. Any personally identifiable information that you voluntarily choose to include in a message to another user, or in a publicly accessible area on the Service, such as a public profile page, or through posting User Postings, will be available to other users who access that content. Once you make your personally identifiable information available in this way, it may be collected and used by the recipients without restriction.
  3. RadiumOne makes certain automatically collected and other aggregate non-personally-identifiable information available to third parties, to: (i) comply with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users' interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service.
  4. RadiumOne works with third party service providers to provide website, application development, hosting, and maintenance, payment processing, as well as other services for us. To the extent it is necessary for these service providers to complete their contractual obligations to RadiumOne, these third parties may have access to or process your personally identifiable information. These disclosures are made under terms generally comparable to this policy, and the recipients are limited to using the information the purpose for which it was provided and to protect the information as we would.
  5. RadiumOne may also disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright law), in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement activity.
  6. RadiumOne also reserves the right to disclose your information that we believe, in good faith, is appropriate or necessary to take precautions against liability; to protect RadiumOne and others from fraudulent, abusive, or unlawful uses or activity; to investigate and defend ourselves against any third party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Service; or to protect the rights, property, or personal safety of RadiumOne, our users, or others.

Use and Disclosure of your Information for Advertising Purposes

  1. In addition to the use and disclosure of your information described above, we may use the information you provide or that we collect through the Service to tailor and provide advertising to you more effectively. If we use information for this purpose, we will first process such information so that it is stored as an anonymous profile associated with cookies or your Device ID. We also do not store sensitive consumer information, such as insurance plan numbers, financial account numbers, or information about medical conditions, as part of the anonymous profiles that we have created.
  2. We may use the information you provide or that we collect through the Service as part of our "ShareGraph" technology to help our clients deliver relevant online advertisements. We use ShareGraph to find users who have communicated with each other in the past, or are likely to share similar interests and purchase histories. We do not scan or otherwise use the titles or content of messages on the Service for online advertising purposes and only use such information to provide those messages to your requested recipient. By using our technology, our clients can categorize people with similar characteristics, interests or purchase intent, improving their ability to deliver more relevant advertising. While we may be able to associate interests, relationships between user profiles, and intent to purchase with specific profiles, we cannot match that anonymous profile with you.
  3. Additional information about how we use and disclose your information to provide targeted advertising is available on the RadiumOne privacy policy

Your Choices:

You may, of course, decline to share certain personally identifiable information with RadiumOne, in which case RadiumOne may prevent you from establishing an account or may not be able to provide to you some of the features and functionality found on the Service. You may update, correct, or delete your profile information and preferences at any time by accessing your account settings. Please note that while your changes may be reflected promptly in active user databases, we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics.
To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information. You are responsible for maintaining the secrecy of your unique password and account information at all times.

Third Party Services:

The Service contains links to Web sites and services provided by third parties. Any personally identifiable information you provide on third party sites or services is provided directly to that third party and is subject to that third party's policies governing privacy and security. We are not responsible for the content or privacy and security practices and policies of third party sites or services to which links are displayed on the Service. We encourage you to learn about third parties' privacy and security policies before providing them with personally identifiable information.

Our Commitment to Children's Privacy:

Use of the Service is restricted to persons 13 years old and above. RadiumOne does not knowingly collect or maintain personally identifiable information from persons under 13 years of age, and no part of the Service is directed to persons under 13. If you are under 13 years of age, then please do not use or access THE SERVICE at any time or in any manner. If we learn that personally identifiable information of children under the age of 13 has been collected for any reason, then RadiumOne will take the appropriate steps to delete this information.

Our Commitment to Data Security:

RadiumOne uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to RadiumOne, and you do so at your own risk. Once we receive your transmission of information, RadiumOne makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If RadiumOne learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. RadiumOne may post a notice through the Service if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. Irrespective of where you live, if you would like to receive a free written notice of a security breach you should notify us at privacy@Via.Me.

International Visitors:

The Service is hosted in the United States and is intended solely for visitors located within the United States. If you nonetheless choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personally identifiable information outside of those regions to the United States and by providing your personally identifiable information on the Service you consent to that transfer.

In the Event of Merger or Sale:

In the event that all or a portion of RadiumOne or its assets is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from users in connection with such merger, acquisition, sale, reorganization, reincorporation, or other change of control.

Changes and Updates to this Privacy Policy:

Please revisit this page periodically to stay aware of any changes to this Privacy Policy, which may be revised periodically at RadiumOne's sole discretion, as provided in Section 8 of the RadiumOne Terms of Use. If we modify the Privacy Policy, we will make it available through the Service, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Our amended Privacy Policy will automatically take effect thirty days after it is made available through the Service, except that (i) we generally only use your personal information in the manner described in the Privacy Policy in effect when we received that personal information and (ii) if you do not agree with any changes to the Privacy Policy, you may terminate your account ceasing use of the Service. Your continued use of the Service after revised Privacy Policy has become effective indicates that you have read, understood and agreed to the current version of the Privacy Policy.

RadiumOne Contact Information:

Please contact RadiumOne with any questions or comments about this Privacy Policy, your personal information, our third party disclosure practices, or your consent choices by email: privacy@Via.Me.

Terms and Conditions

Thank you for your interest in Via.Me, owned and operated by RadiumOne, Inc. (" RadiumOne "). RadiumOne owns and operates a web site located at www.Via.Me (the " Site "), and also provides software applications for smartphones and other mobile platforms that both enable users to easily share photos, video, text and other forms of media with other users through a variety of platforms (the " Apps ") (with the Site and Apps collectively referred to as the " Service ").
These Terms of Use only apply to the Service, and do not apply to other websites or products operated by RadiumOne (including www.RadiumOne.com) or the advertising network operated by RadiumOne, which are covered by separate agreements. Please view the RadiumOne website or the website of those products for those terms.

  1. Acceptance of the Terms.

    Please carefully read the following terms of use and all other rules and guidelines that we may communicate to you from time to time through the Service, including the additional policies identified in Section 2, below (collectively,the "Terms"), as these terms create a binding legal contract between you and RadiumOne. By accessing the Site or the Apps, or availing yourself of the Service in any manner, you ("You", or "User") agree that you have read, understood, and agree to be bound by and comply with the Terms. If at any time you do not agree to these Terms, you should immediately terminate your use of the Service.

  2. Additional Policies.

    The Terms consist of the terms and conditions on this page, as well as the terms included in the following additional policies which are hereby incorporated into these Terms by reference. Capitalized words and terms that are used, but not defined, in this document or in a particular policy may be defined elsewhere in the Terms. Please read these Terms (including the additional policies) carefully, as they govern your use of the Service.

    1. Privacy Policy.

      Your privacy is important to us. The Via.Me Privacy Policy, which describes how we collect, use, and disclose information from you from the Site and the Apps, is available here http://www.via.me/legal#privacy. The Via.Me Privacy Policy covers only the Site and the Apps, and does not apply to the RadiumOne website or other websites where our advertising technology is enabled, which are governed by the RadiumOne privacy policy http://radiumone.com/about#privacy.html.

    2. End User License Agreement.

      Use of the Apps is subject to our End User License Agreement, which is available here http://www.via.me/legal#license.

    3. Intellectual Property Policy.

      RadiumOne respects the intellectual property rights of others, and strictly prohibits infringing activity on the Service. Our Intellectual Property Policy, which describes the steps RadiumOne takes to address claims of such activity, is available here http://www.via.me/legal#intellectual.

    4. Idea Submissions Policy.

      Your feedback is important to us. Our Idea Submissions Policy, which describes the terms on which we accept submissions, is available here http://www.via.me/legal#idea.

  3. Accessing the Service.

    1. Eligibility.

      You must be an individual at least 13 years old to use the Service. By using the Apps or other features of the Service, you represent that you are at least 13 years old and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, to abide by and comply with these Terms, and that you are accepting the benefit of the Service. If you are older than 13 but younger than 18 years of age ("Minor Child"), you must have parental consent before registering for an account on the Service and your parent must accept these Terms on your behalf. If you, as a parent or legal guardian, have agreed to allow your Minor Child to use the Service, you agree that you shall be solely responsible for: (i) the online conduct of such Minor Child; (ii) monitoring such Minor Child's access to and use of the Service; and (iii) the consequences of any use of the Service by such Minor Child.

    2. Subscribing Organization.

      If you are using or opening an account on the Site on behalf of a company, entity, or organization, or group or division of any of the aforementioned parties (collectively, "Subscribing Organization"), then you represent and warrant that you: are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization.

    3. Access.

      RadiumOne grants you permission to access and use the Service as set forth in these Terms and consistent with the intended features of the Service, provided that: (i) you use the Service solely for your personal, private, noncommercial purposes; (ii) you do not reproduce, modify, publicly display, publicly perform, or distribute any part of the Service, including any materials obtained from or included within the Service; and (iii) you do not engage in any of the prohibited uses described below.

  4. Qualified Users.

    Users who qualify on certain specified criteria ("Qualified Users") may also receive payments based on the traffic that they generate on the Service. For additional detail on the terms and conditions of our Qualified User Program, please send an email to media@Via.Me.

  5. Proprietary Rights Notice.

    The Service is owned and operated by RadiumOne. The content, visual interfaces, multimedia content (including musical works and sound recordings), features, information, graphics, design, compilation, computer code, software, products, and all other elements of the Site and the Apps provided by RadiumOne ("RadiumOne Materials") are the valuable proprietary and intellectual property of RadiumOne or its licensors. RadiumOne Materials are protected by applicable international, federal, and state laws, rules, and regulations relating to intellectual or proprietary property, including, but not limited to, patent, copyright, trademark and trade secret laws. You agree not to reproduce, distribute, display, revise, create derivatives of, copy, publish, sell, license, or edit any such content, information or software. Any attempt to download, print, publish or maintain a significant portion of the content, information, or software from the Service in violation of these Terms or any applicable license, to distribute copies of such content, information or software, including any Apps, or to otherwise exploit the content, information or software in violation of the intellectual property or proprietary rights of others is strictly prohibited by these Terms.

  6. Prohibited Use Of The Service.

    You agree not to use the Service or any aspect or feature thereof for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the proceeding sentence, you agree that you will not, do or attempt to:
    1. Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Site, Apps, RadiumOne Materials or User Postings (as defined in the Intellectual Property Policy) http://www.via.me/legal#intellectual, or any other part thereof, except and solely to the extent permitted by law, or otherwise attempt to use or access any of the Service other than as intended;
    2. Reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any part of the Service, use of the Service, access to the Service, or content obtained through the Service (including without limitation RadiumOne Materials and User Postings), for any purpose other than for your personal, noncommercial purposes, except and solely to the extent permitted by these Terms;
    3. Access or use the Apps for any commercial or business purpose, including without limitation for comparative or competitive research purposes;
    4. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of any part of the Service, or features that enforce limitations on the use of the Service or any content therein;
    5. Use any robot, spider, scraper, or other automated means of any kind to access the Service, except and solely to the extent permitted by these Terms and the features of the Service, deep-link to any feature or content on the Service, frame or otherwise enclose any RadiumOne trademark or any portion of the Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service;
    6. Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
    7. Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information;
    8. Create a false identity or impersonate another for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to, providing misleading information to any feedback system employed through the Service;
    9. Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
    10. Interfere with or disrupt the Service, networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers;
    11. Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including by incorporating any such material in your User Postings;
    12. Upload, post or otherwise transmit any unsolicited or unauthorized advertising,promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation (commercial or otherwise); or
    13. Use the Site in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations.

  7. Account Information & Responsibilities Of Registered Users.

    In order to access some features of the Service, you will have to create an account. You hereby represent and warrant that the information you provide to RadiumOne upon registration (including information provided through your Facebook and Twitter profile, as applicable), and at all other times, will be true, accurate, current, and complete. You also hereby represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times. You acknowledge, consent and agree that RadiumOne may access, preserve and disclose your account information and User Postings if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to a claim that any User Postings violates the rights of third parties; (d) to respond to your requests for customer service; or (e) protect the rights, business interests, property or personal safety of RadiumOne, its users and the public. To learn more about our policies with respect to the collection, use and disclosure of information, please review our Privacy Policy.

  8. Responsibility for Account Activity.

    Your account is personal to you, and you may not allow any third party to access your account. As you will be responsible for all activity that occurs under your account, you should preserve the confidentiality of your username and password, and any device that you use to access the Service. If you have any reason to believe that your account has been compromised or accessed by a third party, you agree to immediately notify RadiumOne via e-mail at support@Via.Me. You are solely responsible for losses incurred by RadiumOne and others (including other users) due to any unauthorized use of your account that occur prior to notifying RadiumOne that your account was compromised.

  9. Modification of the Terms.

    RadiumOne reserves the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Service. These Terms will identify the date of last update. Your use of any Service following any such change constitutes your agreement to be bound by the modified Terms of Use. In the case of material changes to the terms, RadiumOne will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window, a message through the Service, or other similar means. Material changes to these terms will be effective upon the earlier of (i) your first use of the Service with actual knowledge of such change, or (ii) 30 days from providing you notice of such change. We encourage you to review these Terms frequently, to stay informed of the latest modifications.

  10. Third Party Services.

    The Service provides features for you and other users to submit, post, and share User Postings through the Service which may be easily shared on other social media services such as Facebook or Twitter, and also through sharing services such as Po.st and other. Your use of any such third party services is at your own risk and you acknowledge and agree that your use of such third party services is subject to the terms and policies for that service, including any relevant privacy policies. RadiumOne has no control and makes no representations or warranties about the operation, availability, or any other aspect of such third party services.

  11. Third Party Content and Links.

    Content shared on the Service may contain references or links to third-party materials and services (including, without limitation, web sites from third parties) not controlled by RadiumOne or its suppliers or licensors. RadiumOne provides such information and links as a convenience to you and should not be considered endorsements of such sites or any content, products or information offered on such sites. You acknowledge and agree that RadiumOne is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked from the Service. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and such advertiser. YOU AGREE THAT RADIUMONE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE. When you leave the Service, these Terms no longer govern. You should review applicable terms and policies, including any relevant privacy policies, associated with any third party web sites, software, or services you utilize.

  12. User Disagreements.

    Your use of the Service may bring you into contact with other users, and their User Postings, such as through messaging or communicating with other users using the Service. You are solely responsible for your involvement with other users. If you have a dispute with one or more Users, you release RadiumOne (and RadiumOne's officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (including, but not limited to, actual, special, consequential and punitive) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

  13. Termination.

    1. By RadiumOne RadiumOne, in its sole discretion and for any reason or no reason, may terminate any user or user account (or any part thereof) you may have on the Service, disable your access to the Service (or any part thereof), discontinue the Service and any related services including support (or any part thereof), or terminate any license or permission granted to you hereunder, at any time, with or without notice. You agree that RadiumOne shall not be liable to you or any third-party for any such termination. RadiumOne does not permit unlawful, infringing, fraudulent, or otherwise illegitimate activities on the Service, and reserves the right to terminate access to the Service, or halt, suspend, or terminate prizes (whether proposed, pending or past) in cases of actual or suspected fraud, or violations of these Terms or other laws or regulations. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. RadiumOne will not have any responsibility to deliver or allow you access to any of your User Postings or other information you may have stored with RadiumOne in connection with your use of the Service. These remedies are in addition to any other remedies RadiumOne may have at law or in equity.
    2. By You. If you are dissatisfied with the Service, then please let us know by e-mailing us at support@Via.Me. Your only remedy with respect to any dissatisfaction with (i) the Service, (ii) any of these Terms, (iii) any policy or practice of RadiumOne in operating the Service, or (iv) any content or information transmitted or made available through the Service, is to terminate your use of the Service. You may terminate your use by closing your account, discontinuing your use of any and all parts of the Service, or providing RadiumOne with notice of termination at support@Via.Me.
    3. Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 2, 4, and 10 through 21, and the Intellectual Property Policy.

  14. Confidential Information.

    Certain content, information or software you access through the Service may contain confidential information of RadiumOne. You agree to keep RadiumOne's information confidential by exercising the necessary care required to prevent its disclosure. Notwithstanding the above, you will not disclose, divulge, distribute, publish, transmit or transfer RadiumOne's information to any third party or use RadiumOne's information for any purpose whatsoever other than as expressly authorized by these Terms. Your obligations with respect to RadiumOne's confidential information, whether or not deemed trade secret under applicable law, remain in effect until such time as the particular information becomes publicly known through no action by you.

  15. Indemnity.

    You agree to indemnify and hold harmless RadiumOne and its affiliates, licensors, and suppliers, and their respective directors, officers, employees, agents, representatives, and contractors, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to (i) your use or misuse of the Service; (ii) your User Postings; (iii) your breach or other violation of these Terms including any representations, warranties and covenants herein; (iv) your violation of the rights of any other person or entity, including, but not limited to, claims that any User Postings infringes or violates any third party intellectual property rights. RadiumOne reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You may not settle any matter that you are required to indemnify RadiumOne for without the prior written consent from RadiumOne. RadiumOne will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  16. Disclaimers.

    THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE SITE, THE APPS, ANY CONTENT, OR ANY OTHER SERVICE OR INFORMATION PROVIDED BY RADIUMONE), USER POSTINGS AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
    TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RADIUMONE AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RADIUMONE AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY APPS AND USER POSTINGS, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, SOFTWARE, CONTENT, OR DATA THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM, HANDSET, OR ANY OTHER DEVICE OR PERIPHERAL USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
    RADIUMONE MAKES NO REPRESENTATIONS OR WARRANTIES, IMPLICIT OR EXPLICIT, AS TO YOUR LEGAL RIGHT TO PARTICIPATE IN ANY CONTEST OFFERED ON OR IN CONNECTION WITH THE SERVICE, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH RADIUMONE HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.

  17. Limitation of Liability.

    IN NO EVENT WILL RADIUMONE OR ITS OFFICERS, DIRECTORS, LICENSORS OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE SERVICE OR ITS CONTENT, INCLUDING USER POSTINGS, OR ANY OTHER LINKED WEB SITE, APPLICATION, OR OTHER SERVICE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF RADIUMONE OR ITS LICENSORS OR SUPPLIERS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL RADIUMONE OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY WHICH EXCEED THE GREATER OF THE AMOUNT OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF FEES YOU HAVE PAID RADIUMONE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.

  18. Limitations; Basis of the Bargain.

    APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND RADIUMONE, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND RADIUMONE, RADIUMONE'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT RADIUMONE WOULD NOT BE ABLE TO OFFER THE SERVICE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.

  19. Choice of Law; Forum.

    These Terms shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against RadiumOne must be resolved by a court located in San Francisco, CA, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within San Francisco, CA for the purpose of litigating all such claims or disputes.

  20. Notices.

    RadiumOne may provide you with notices by electronic mail, regular mail or postings on the Service. If Notice is provided by electronic mail, notice will be deemed given twenty-four hours after electronic mail is sent, unless RadiumOne is notified that the electronic mail address is invalid. If notice is provided by posting through the Service, then notice will be deemed given upon such posting. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Service. In such case, notice will be deemed given three days after the date of mailing.

  21. Miscellaneous.

    This is the entire agreement between you and RadiumOne relating to the subject matter herein, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between you and RadiumOne with respect to said subject matter. These Terms shall not be modified or waived except in a writing signed by both parties, or by a change to these Terms as provided in the Section 8 ("Modification of the Terms"), above. In the event any of the provisions of these Terms are held unenforceable or invalid by a court of competent jurisdiction, such provisions shall be deemed severed, and the remaining provisions thereof shall remain in full force and effect. The failure of RadiumOne to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the prior or future performance of any such terms or conditions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and RadiumOne as a result of these Terms or use of the Service. You further acknowledge that by submitting User Postings, no confidential, fiduciary, contractually implied, or other relationship is created between you and RadiumOne other than pursuant to these Terms. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RadiumOne without restriction, including by operation of law, reorganization, reincorporation, merger, or sale of all or substantially all of the assets to which this agreement pertains. Any assignment attempted to be made in violation of these Terms shall be void. The headings and captions in this Agreement are used for convenience only and are not to be considered in interpreting this Agreement.
The services hereunder are offered by:
RadiumOne, Inc.
55 Second St, Suite 1800
San Francisco, CA 94105
support@Via.Me

If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your electronic mail address and a request for this information

Intellectual Property Policy

This Intellectual Property Policy is incorporated into, and made a part of, the Via.Me Terms of Use ("Terms"), and capitalized terms used and not defined in this policy have the meaning given to them in the Terms.

USER POSTINGS

  1. General.

    The Service provides features for you and other users to submit, post, and share content such as text, images, messages, commentary or any other content (“User Postings”) through the Service, which may be shared on other social media services such as Facebook or Twitter, and also through sharing services such as Po.st and others.

  2. Interaction with In-Service Elements.

    You do not acquire any ownership rights to any RadiumOne Materials (or derivatives thereof) by using the Service or by submitting any User Postings. You agree and acknowledge that all materials you encounter or interact with through your use of the Service, including, without limitation, all communications, messages, texts, and images, are the sole and exclusive property of RadiumOne or its licensors. You acknowledge that RadiumOne (and/or its affiliates, publishing partners, distributors, licensors and licensees) may use any and all such materials (and derivatives thereof) for any purpose, including for commercial or promotional use, and you hereby release RadiumOne from any and all claims you may have related in any way to the foregoing.

  3. Access and Responsibility.

    While RadiumOne may provide certain tools to aid you in controlling access by others to your User Postings, RadiumOne cannot guarantee any anonymity or confidentiality with respect to any User Postings, and strongly recommends that you think carefully about what you submit to the Service. You understand that all User Postings is the sole responsibility of the person who generated such User Postings. This means that you, and not RadiumOne, are entirely responsible for User Postings that you make available through the Service.

  4. No Obligation to Publish.

    RadiumOne makes no representations that it will publish or make available any User Postings on the Service, and reserves the right, in its sole discretion, to reject or remove any User Postings at any time with or without notice. Without limiting the generality of the preceding sentence, RadiumOne complies with the Digital Millennium Copyright Act, and will remove User Postings upon receipt of a compliant takedown notice (see the “Digital Millennium Copyright Act”, below).

  5. License Grant by You to RadiumOne.

    You retain all of your ownership rights in original aspects to your User Postings. By providing User Postings to RadiumOne you hereby grant RadiumOne and its affiliates, sublicensees, partners, designees, and assignees of the Service (collectively, the “RadiumOne Licensees”) a non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, transferable, worldwide license to use, reproduce, distribute, modify, adapt, publicly display, publicly perform, and otherwise exploit your User Postings and derivatives thereof in connection with the Service and RadiumOne’s (and its successors’) business, including, without limitation, for marketing, promoting, and redistributing part or all of the Service (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.

  6. Content from Third Party Services.

    We may also display content such as text, images, messages, or commentary on the Service through any accounts on third party services that you have authorized and provided account information and passwords for or through feeds, APIs, or other methods provided by such third party services. To the extent that such content is received through accessing your accounts on third party services, you authorize RadiumOne to do so solely to obtain and display such content to you.

  7. Additional License Grants.

    You grant the RadiumOne Licensees the right to use your name and/or likeness and/or any name and/or likeness that you submit in connection with your User Postings if RadiumOne should choose, without compensation or need for your prior approval, or to exercise any of the rights licensed by you hereunder, in connection with a fictional name or persona or without any attribution at all. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Postings.

  8. User Postings Representations and Warranties.

    You are solely responsible for your own User Postings and the consequences of posting or publishing it. In connection with User Postings, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize RadiumOne to use all patent, trademark, copyright, or other proprietary rights in and to any and all User Postings to enable the use of User Postings in the manner contemplated by these Terms, and to grant the rights and license set forth above, and (ii) your User Postings, RadiumOne’s or any RadiumOne Licensees’ use of such User Postings pursuant to these Terms, and RadiumOne’s or any RadiumOne Licensees’ exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (c) violate any applicable law or regulation; or (d) require obtaining a license from or paying royalties to any third party for the exercise of any rights granted in these Terms.

  9. User Postings Prohibited Uses.

    In connection with your User Postings, you further agree that you will not: (i) publish falsehoods or misrepresentations that could damage RadiumOne or any third party; (ii) use any copyrighted content owned or controlled by a third party without obtaining the necessary permissions, licenses and authorizations for the use of such third-party content; (iii) submit material that is unlawful, defamatory, libelous, slanderous, threatening, pornographic, obscene, vulgar, harassing, harmful, hateful, abusive, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (vi) post User Postings that would be harmful to minors in any manner; or (vii) reproduce, distribute, publicly display, publicly perform, adapt, or otherwise publish or cause to be published any User Postings except as permitted by these Terms and the features of the Service.

  10. Content Disclaimer.

    YOU UNDERSTAND THAT WHEN USING THE SERVICE, YOU WILL BE EXPOSED TO USER POSTINGS FROM A VARIETY OF SOURCES, AND THAT RADIUMONE IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER POSTINGS. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO USER POSTINGS THAT ARE INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST RADIUMONE WITH RESPECT THERETO. RADIUMONE DOES NOT ENDORSE ANY USER POSTINGS OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN. UNDER NO CIRCUMSTANCES WILL RADIUMONE BE LIABLE IN ANY WAY FOR OR IN CONNECTION WITH ANY USER POSTINGS.

  11. Monitoring User Postings; Removal of Content.

    RadiumOne does not control User Postings and does not have any obligation to monitor such User Postings for any purpose. RadiumOne may choose, in its sole discretion, to monitor, review, or otherwise access some or all User Postings, but by doing so RadiumOne nonetheless assumes no responsibility for the User Postings, no obligation to modify or remove any inappropriate User Postings, or to monitor, review, or otherwise access other User Postings, and RadiumOne assumes no responsibility for the conduct of the User submitting any User Postings. You acknowledge that RadiumOne may or may not pre-screen User Postings, but that RadiumOne and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Postings that is available via the Service. Without limiting the foregoing, RadiumOne and its designees may, at any time and without prior notice, remove any User Postings that in the sole judgment of RadiumOne violates these Terms or is otherwise objectionable, or for any other reason, with or without notice and with no liability of any kind. You agree that you must evaluate, and bear all risks associated with the use of any User Postings or other Content, including any reliance on the accuracy, completeness, usefulness or legality of such User Postings. You should exercise good judgment before downloading any other User Postings.

DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE

  1. General.

    RadiumOne respects the rights of copyright owners and expects its users to do the same. Therefore, as required by the Terms, infringing content may not be submitted to the Service or used in, whole or in part, in any User Postings.

  2. User Postings.

    It is RadiumOne’s policy that if a user uploads User Postings that contains any copyrighted work, then that user must be the owner of such works or have all required rights, licenses, consents, and permissions to use such works on the Service and also grant the rights to any third parties, including RadiumOne and any other users, contained in these Terms. Violation of this requirement may be grounds for removal of the User Postings, termination of the user’s account, and any other remedy RadiumOne may have against the user.

  3. Copyright Owner Rights.

    If you are a copyright owner or an agent thereof, and you believe any content submitted to and hosted on the Service infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing RadiumOne’s Designated Copyright Agent with the following information in writing:
    1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works on the Service;
    3. 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 RadiumOne to locate the material;
    4. information reasonably sufficient to permit RadiumOne to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
    5. a statement that the complaining party has 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 (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”); and
    6. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is/are allegedly infringed by the aforementioned content.”).
    Please consult your legal counsel (or see 17 U.S.C. § 512) to confirm these requirements and your compliance therewith. It is RadiumOne’s policy to respond to notices of alleged infringement that comply with the DMCA. In addition, RadiumOne will promptly terminate without notice the accounts of Users that are determined by RadiumOne to be “repeat infringers.” If RadiumOne receives more than three takedown notices regarding User Postings, then that user will be considered a repeat infringer and their account will be terminated.

  4. Designated Agent.

    RadiumOne’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Attention: Copyright Agent, RadiumOne, Inc. 55 Second St, Suite 1800, San Francisco, CA 94105-2736 or by electronic mail at copyright@Via.Me. For clarity, only DMCA notices should go to the Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Via.Me customer service through support@Via.Me. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Idea Submissions Policy

  1. Incorporation by Reference.

    This Idea Submissions Policy is incorporated by reference into, and subject to, the Via.Me Terms of Use. Capitalized terms used, but not defined, herein have the meaning given to them in the Terms.

  2. Purpose of the Policy.

    This policy is established to avoid potential misunderstandings or disputes in the future in the event that RadiumOne products, services, or marketing strategies appear similar to ideas or materials submitted to RadiumOne by others.

  3. Submissions.

    RadiumOne is fortunate to have a vibrant and active user community that shares our passion for innovation, and our drive to constantly improve the Service. While our own staff is continually working to develop and evaluate our own product and service ideas, we pride ourselves on paying close attention to the feedback, comments, and suggestions we receive from the community at large. If you choose to contribute by sending RadiumOne or our employees any ideas for features, modifications, enhancements, refinements, products, technologies, content offerings, promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (“Submissions”), then regardless of what your accompanying communication says, the following terms shall apply.

  4. Terms of Submission.

    By sending Submissions to RadiumOne, you agree that:
    1. RadiumOne has no obligation to review, consider, or implement your Submission, or to return to you all or part of any Submission for any reason;
    2. Submissions are non-confidential, and RadiumOne is not under any obligation to keep Submissions you send confidential;
    3. you irrevocably grant RadiumOne and its successors and assigns an unrestricted, sublicensable license to use, reproduce, modify, and distribute Submissions for any purpose, including by making, using, selling, and importing commercial products and services which incorporate or embody Submissions in whole or in part, free of charge and without attribution of any kind; and
    4. RadiumOne may transfer or assign this policy and the rights you grant to RadiumOne hereunder without restriction.

End User License Agreement

Thank you for your decision to download software from Via.Me, owned and operated by RadiumOne, Inc. (“RadiumOne”). RadiumOne owns and operates a web site located at www.Via.Me (the "Site"), and also provides software applications for smartphones and other mobile platforms that both enable users easily share photos, video, text and other forms of media with other users through a variety of platforms (the "Apps") (the Site and Apps are collectively referred to as the "Service").
The Apps are provided to you on a limited license, not sold to you.
By downloading or using the Apps, you:
  1. Acknowledge that the Apps are licensed, not sold to you, and that by downloading the Apps, or otherwise accessing or using the Service, you agree that you have read, understood, and agree to be bound by this End User License Agreement (the “EULA”) and the Via.Me Terms of Use and related policies (the “Terms”) (available at http://www.via.me/legal#terms), as updated from time to time, which govern your use of the Apps and the Service, and which are hereby incorporated herein by reference. You may use the Apps and the Service only as set forth in this EULA and the Terms;
  2. Consent to the collection, use, sharing and transfer of your data, as outlined in the Via.Me Privacy Policy (available at http://www.via.me/legal#privacy), as updated from time to time, which is hereby incorporated herein by reference;
  3. Acknowledge that third party fees may apply to the use and operation of your handset device in connection with your use of the App, such as phone service, data access, or messaging capabilities, and that you are solely responsible for payment of any and all such fees;
  4. Acknowledge that the Apps may contain third party content, and that RadiumOne is not responsible for any such content; and
  5. Agree to any acknowledge the following terms and conditions, including without limitation the “Notice Regarding Apple.”

TERMS GOVERNING USER POSTINGS

The Apps provide certain features that enable you to post a variety of content to the Service (“User Postings”). You, and not RadiumOne, are solely responsible for all User Postings that you make available through the Service. Similarly, RadiumOne is not responsible to you for any User Postings provided by other users of the Service.
By submitting User Postings to RadiumOne, you hereby grant RadiumOne and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license (without any obligation to exercise) to use, reproduce, and modify your User Postings in connection with the Service, as more fully set forth in the Terms. RadiumOne does not allow infringing materials on the Service, and you agree and acknowledge that RadiumOne may remove User Postings that are the subject of Digital Millennium Copyright Act compliant takedown notices, and to disable accounts of users determined to be “repeat infringers.” You further agree to indemnify and hold RadiumOne and its affiliates harmless from all claims, damages, and liabilities arising from your User Postings, or any breach by you of this EULA or the Terms.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

APPS AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RADIUMONE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. RADIUMONE EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY OR FUNCTIONALITY OF LOCATION BASED SERVICES, AND WITH RESPCT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION AVAILABLE THROUGH THE SERVICE. UNDER NO CIRCUMSTANCES WILL RADIUMONE BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APP OR THE SERVICE, EVEN IF RADIUMONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL RADIUMONE’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS EULA OR THE TERMS EXCEED THE AMOUNTS PAID BY YOU FOR THE APP. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NOTICE REGARDING APPLE

You acknowledge that the Terms and this EULA are between you and RadiumOne only, not with Apple, and Apple is not responsible for the App and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of an App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and this EULA, and upon your acceptance of the Terms and this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms and this EULA against you as a third party beneficiary of the Terms and this EULA. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

CONTACTING VIA.ME

The Service hereunder is offered by RadiumOne, Inc.:
privacy@Via.Me
RadiumOne, Inc.
55 Second St, Suite 1800
San Francisco, CA 94105

Opt Out

If you prefer not to have online advertising tailored to your interest by RadiumOne, you may opt out at any time for tracking by one of the following methods:

  • Opt out of RadiumOne's user interest targeting cookie by clicking the button below. Please note that if you delete your cookies, change browsers, or use a different computer, you will need to Opt Out again.


It should also be noted that opting out does not mean you will not see advertisements online, but these advertisements will not be targeted based on your online user interest profile from us an individual vendor.