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Terms of Use

Roundthird, LLC.
Radial 50 TERMS OF USE
(EFFECTIVE AS OF JULY 6, 2009)

PLEASE READ

This Roundthird, Inc. Terms of Use Agreement (this “Agreement”) is a legal agreement between you and Roundthird, Inc. (”Roundthird”, “we”, “us” or “our”) providing, among other things, the terms and conditions for your use of Radial 50 including leader boards, achievements and other gaming experiences on the application. This application is associated with the mobile devices iPhone or iPod Touch, and is made available to you in the Apple Store (iTunes) for use on the iPhone or iPod Touch (”Licensed Application”). This Agreement is concluded between you and Roundthird only, and not with Apple, Inc. (”Apple”). In addition, Roundthird, not Apple, is solely responsible for the gaming services, the Licensed Application and the content thereof. You and Roundthird acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right to enforce this Agreement against you as a third party beneficiary of the application.

Roundthird may from time to time modify these terms of use and will post a copy of the amended Agreement at www.radial50.com/support. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the Radial 50 Services. However if you continue use you deem to have accepted the Agreement as amended.

IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE APPLICATION OR SERVICES ON RADIAL 50.

1. AUTHORIZED USERS

1.1 Registration. To use any aspect of the Radial 50 Services, you are required to register and provide certain information, including a user name, a password and a valid email address (the “Account Information”). You agree to provide accurate Account Information and to update your Account Information as necessary to keep it accurate. Radial 50 will use your Account Information in accordance with its privacy policy [http://roundthird.com/privacypolicy.html]. By providing Radial 50 your email address, you consent to our using the email address to send you Service-related notices. We may also use your email address, to send you other messages, including information about Radial 50 or Roundthird special offers. You may opt out of such email by using the Unsubscribe” feature in such emails. You may also opt out by sending mail to the following postal address:

1051 South Big Bend Blvd Suite 201
St. Louis MO 63117 US

1.3 Account Confidentiality. You agree that you will not allow others to use any aspect of your Account Information. You have responsibility for taking steps to maintain the confidentiality and security of your account. You agree to notify us immediately of any unauthorized use of your password and/or account. Radial 50 will not be responsible for any losses arising out of the unauthorized use of your member name, password and/or account and you agree to indemnify and hold harmless Radial 50, if unauthorized use causes a negative effect to your service and experience.

2. LICENSE TO RADIAL 50 SERVICES AND THE LICENSED APPLICATION

2.1 License Grant. Radial 50 grants a limited, non-exclusive, non-transferable license to access and use the Radial 50 Services for non-commercial purposes only. All users must comply with the Usage Rules set forth in Apple’s App Store Terms of Service. Any violation by you of the license provision or unethical and practical use will result in immediate termination of your right to use the Radial 50 Services and the Licensed Application. ANY USE OF THE RADIAL 50 SERVICES OR THE LICENSED APPLICATION NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.

2.2 Updates, Maintenance and Support. Radial 50 may from time to time make available to all users of the Licensed Application, updates at no cost or subject to additional fees in Radial 50’s sole discretion. “Updates” means any updates, upgrades or error corrections to Radial 50 Services or the Licensed Application. Radial 50 is solely responsible for providing any maintenance and support services with respect to the Licensed Application.

3. RESTRICTIONS

You agree that you will not:

3.1 utilize Radial 50 to reproduce copyrighted or trademarked materials;

3.2 copy, edit, change, artwork or alter in any way tracks streamed through Radial 50;

3.4 provide your password to any other person;

3.5 translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Radial 50 Services or the Licensed Application or any portion of them;

3.6 circumvent any technology used by Roundthird or its licensors to protect content accessible via the Radial 50 Services or the Licensed Application;

3.7 rent, lease or sublicense any of the Radial Services or the Licensed Application; or

3.8 use the Radial 50 Services or the Licensed Application in any way that violates the terms of this Agreement.

4. COPYRIGHTS

As between you and Radial 50, you acknowledge that Radial 50 owns or has a license to all titles and copyrights in and to the Radial 50 Application. All title and intellectual property rights in the Licensed Application are property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.

5. Radial 50 TRADEMARKS AND THIRD-PARTY TRADEMARKS

Radial 50 and Roundthird are trademarks of Roundthird Interactive in the U.S. and/or other countries.  All Rights Reserved. Radial 50 Services may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to Radial 50 Trademarks or the trademarks of any third party.

8. AGREEMENT TO PAY

Radial 50 Services or the Licensed Application, you agree to pay all fees and charges associated with your purchase of Radial 50 via Apple Inc. All such terms of sale and conditions: iTunes Store Terms and Conditions [http://www.apple.com/legal/itunes/us/sales.html].

9. TERM

This Agreement will remain effective until terminated by you or terminated by Roundthird.

Roundthird is headquartered at 1051 South Big Bend Blvd Suite 201 St. Louis MO 63117 US. Should you have any questions concerning this Agreement, need technical support or have complaints or claims with respect to the Roundthird Services or the Licensed Application (as defined below), you may contact Roundthird by emailing support@roundthird.com. For further information, please visit www.Radial50.com/support.