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 http://www.RadBadger.com/terms). Rad Badger may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
In order to access some features of the Service, you will have to create a Rad Badger Account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Rad Badger immediately of any breach of security or unauthorized use of your account.
Although Rad Badger will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Rad Badger or others due to such unauthorized use.
These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Rad Badger, including but not limited to all products, software and services offered via the Rad Badger website, such as the Rad Badger profiles, the Rad Badger Video Players the Rad Badger upload function and other applications.
Permissions and Restrictions
Rad Badger hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
- You agree not to distribute in any medium, any part of the Service or the Content without Rad Badger's prior written authorization, unless Rad Badger makes available the means for such distribution through functionality offered by the Service.
- You agree not to alter or modify any part of the Service.
- You agree not to access Content through any technology or means or other explicitly authorized means Rad Badger may designate.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Rad Badger 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 Badger grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Rad Badger 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 Service, nor to use the communication systems provided by the Service (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content. In your use of the Service, you will comply with all applicable laws. Rad Badger reserves the right to discontinue any aspect of the Service at any time.
Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Rad Badger, subject to copyright and other intellectual property rights under the law. Content is provided to you “AS IS”. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by Rad Badger on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Rad Badger or the respective licensors of the Content. Rad Badger and its licensors reserve all rights not expressly granted in and to the Service and the Content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Rad Badger is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is 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 Rad Badger with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Rad Badger, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
Your Content and Conduct
As a Rad Badger account holder you may submit Content to the Service, including videos and user comments. You understand that Rad Badger does not guarantee any confidentiality with respect to any Content you submit. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Rad Badger all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Rad Badger, you hereby grant Rad Badger a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Rad Badger's business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Rad Badger may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Rad Badger all of the license rights granted herein.
You further agree, at your own non-reimbursable expense, defend, indemnify and hold harmless Rad Badger, its directors, shareholders, officers and agents (the “Rad Badger Indemnitees”), against any and all damages, liabilities, losses, costs and expenses (including attorneys, lawyers and other professionals fees) associated with any claims, suits or proceedings brought against the Rad Badger Indemnitees based on an allegation that any Content you submit to the Service, or any part thereof, or use thereof, constitutes an infringement or misappropriation of any right of any third party, including any copyrights or other third part proprietary rights.
You further agree that you will not submit to the Service any Content or other material that is contrary to the Rad Badger Community Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
You may not post fan mail that has profanity or a negative connotation. Fan mail is meant for encouragement for the singers and Rad Badger holds the rights to ban any user that does not follow this guideline.
Cover Songs on Rad Badger
Any music content that you own the rights to and have submitted to the Rad Badger website may be cover versioned on Rad Badger. You may only submit Content that you hold the rights to and are held responsible. Rad Badger users may only cover version music and videos that has been submitted on the Rad Badger website and may only submit cover version Content on Rad Badger. Users are not allowed to submit any cover version Content on any media outlet such as tv, advertising, websites, phones apps, print.
Rad Badger does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Rad Badger expressly disclaims any and all liability in connection with Content. Rad Badger does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Rad Badger will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Rad Badger reserves the right to remove Content without prior notice. Rad Badger is committed to helping copyright holders find and remove allegedly infringing content from our platform. We are interested in cooperating with copyright owners in removing material that they believe to be infringing and provide Rad Badger with information reasonably sufficient to permit us to locate and remove that material.
Submit a copyright takedown notice
If you believe your copyright protected work was posted on Rad Badger without authorization, you may submit a copyright infringement notification. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf. The fastest and simplest way to notify Rad Badger of alleged copyright infringement is here.
Copyright takedown basics
If you get a copyright takedown, that means your video has been taken down from Rad Badger because a copyright owner sent us a complete legal request asking us to do so. When a copyright owner formally notifies us that you don’t have their permission to post their content on the site, we’re required by law to take down your upload. Keep in mind, videos can be removed from the site for different reasons, not all of which are copyright related.