Terms

November 03, 2015

1. Governing Agreement

The terms of this agreement ("Terms of Service" or "Terms") govern the relationship between you and Radical App, LLC, the developer of the mobile application Dust (hereinafter " Dust " or "Us" or "We") regarding your use of Dust's applications and related services, which include applications for mobile devices and Radical App, LLC and Dust websites (the "Service"). This Agreement may be modified at any time by Dust upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.usedust.com. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

2. Privacy Policy and Guidelines

Use of the Service is also governed by Dust's Privacy Policy and Community Guidelines, which are incorporated herein by reference. By creating an account or accessing or using the Service you accept and agree to be bound by these Terms of Service and consent to the collection, use and storage of your information as outlined in Dust's Privacy Policy. You also accept and agree to conduct your account in accordance with the Community Guidelines and all User Guidelines found within the Dust applications referenced herein or therein.

3. Ownership

For purposes of these Terms: (i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) "User Content" means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.

i. Dust Content Ownership

Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, "Dust Content"), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and unauthorized use of Dust Content may violate such laws and these Terms. Except as expressly provided in these Terms, Dust does not grant any express or implied rights to use Dust Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Dust Content, the Services or any related software, except as expressly stated in these Terms. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries.

ii. Rights in User Content

The Services consist of interactive features and areas that allow users to create, post, transmit and/or store content, including but not limited to text, photos, videos, graphics, items or other materials (collectively, "User Content"). You understand that your User Content will be viewable by others based on your configuration and privacy settings. You agree to abide by our Community Guidelines, which may be updated from time to time and can be found under the Support tab of the website.

You agree that you are solely responsible for your User Content and that Dust is not responsible or liable for any User Content. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen and delete User Content at any time and for any reason.

You retain all ownership rights in your User Content and grant us an unrestricted license to use and display such User Content in connection with the Services, subject to your configurations and use of privacy settings in the Services to control who can see your User Content.

iii. Social Sharing

If you choose, you may share Content on certain of your SNS Accounts through the social sharing functionality we've implemented through the Services.

As part of the functionality of the Services, you may link your Account to an SNS Account by either: (i) providing your SNS Account username (or userID) to Dust through the Services; or (ii) allowing Dust to access your SNS Account, as permitted under the applicable terms and conditions that govern your use of each SNS Account. You agree that you won't disclose your SNS Account login information to Dust and/or grant Dust access to your SNS Account unless you are permitted to do so by the applicable SNS. Dust won't have any obligation to pay any fees or be subject to any usage limitations imposed by SNS's.

By linking your SNS Account to your Dust Account, you understand that Dust will access, make available and store (if applicable) some of the content that you have provided to and stored in your SNS Account so that it is available on and through the Services via your Account. Unless otherwise specified in these Terms, all such content, if any, will be considered to be User Content for all purposes of these Terms. Depending on the SNS Accounts you choose and subject to applicable SNS privacy settings, personally identifiable information that you post to your SNS Accounts and information about your SNS friends will be available on and through your Account. Please note that if an SNS Account or associated service becomes unavailable or Dust's access to such SNS Account is terminated by the third party service provider, then the content from your SNS Account will no longer be available on and through the Services. You may disable the connection between your Account and your SNS Accounts by adjusting the settings on your profile page in your Account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SNS ACCOUNT SERVICE PROVIDERS ASSOCIATED WTH YOUR SNS ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS ACCOUNT SERVICE PROVIDERS.

iv. Alerts and Notification

As part of the Services we provide, you may (if enabled) receive push notifications, text messages, alerts, emails, or other types of messages directly sent to you outside or inside the App ("Push Messages"). You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services (with the possible exception of infrequent, important service announcements and administrative messages.

Rights and Terms for Apps

4. Grant of a Limited License to Use the Service

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Dust policies, Dust grants you a non-exclusive, non-transferable, revocable limited license to use the Service solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

This license is revocable at any time. This license is subject to these Terms and does not include:

5. Accessing the Service

By accessing or using the Service, you accept and agree to these Terms of Service and the Dust Privacy Policy. You may also be required to register an account on the Service (an "Account"), have a valid account on the social networking service ("SNS") through which you connect to the Service, if any, or have an account with the applications provider for your mobile device. You warrant that you are not prohibited from receiving products of U.S. origin, including services or software. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. You shall not create an Account or access the Service if you are under the age of 13.

You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component.

You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.

6. Registration and Information

To use the Service, you must create an account. This can be accomplished using the application itself or through your account with certain third-party social networking services such as Facebook (each, an "SNS Account"), if and when such functionality is available. If you choose the SNS Account option we'll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.

You must provide us with accurate and complete information for your Account and you agree to update such information such that it retains its accuracy and completeness. Failure to comply with mandate may result in suspension or termination of your Account. You agree that you will not disclose your Account password to anyone, and that you will notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, even if you are not aware such activities have taken or are taking place.

7. Use of the Service

Unless otherwise agreed in writing, You shall use your Account only for non-commercial purposes. You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone.

By using the Service, and by submitting User Content to Dust, you hereby grant us an unrestricted license to use and display such User Content in connection with the Services, subject to your use of privacy settings in the Services to control who can see your User Content.

The Services enable you to socialize with various individuals within your personal networks. As part of our Services, Account holders may communicate with other Account holders with whom they are connected within the App through the use of our direct messaging functionality. If you choose to link your Account with an SNS Account we may, at your option, and depending on our ability to access your SNS Account, access your personal contacts on such SNS Account in order to create a list of potential contacts through our App with whom you may communicate. You'll be able to message other Account holders with whom you are connected.

i. Prohibited Activities

In addition to the other restrictions outlined in these Terms, you agree that you will not:

  • Publicly blasting or sharing pornographic content. Porn is defined as "explicit descriptions or displays of sexual organs or activities intended to stimulate erotic rather than aesthetic or emotional feelings". Users who are reported to be publicly sharing pornographic content will be removed from the platform.
  • Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms, including any content that is defamatory, obscene, pornographic, vulgar or offensive; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; is violent or threatening or promotes violence or actions that are threatening to any person or entity; or promotes illegal or harmful activities or substances.
  • Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
  • Compromise the security of the Services;
  • Send any unsolicited or unauthorized advertising, spam, solicitations or promotional materials;
  • Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
  • Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services;
  • Use or attempt to use another user's account without authorization;
  • Attempt to circumvent any content filtering techniques we employ, or attempt to access areas/features of the Services that you are not authorized to access;
  • Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
  • Engage in any harassing, intimidating, predatory or stalking conduct; and
  • Develop any third-party applications that interact with User Content or the Services without our prior written consent; and
  • Although we're not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws or regulations. By using the App you 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.

ii. Compliance with Laws

You agree to comply with all applicable laws regarding your use of the Service. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

iii. International Users

The Services are hosted in the United States. If you are a user accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Services, which are governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.

iv. Children

We do not knowingly collect personal information from users under the age of thirteen.

8. Indemnification

You agree to indemnify, defend and hold Dust and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Service.

You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.

9. License Limitations

ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY DUST IS A VIOLATION OF DUST POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

WITHOUT LIMITING ANY OTHER REMEDIES, DUST MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR DUST SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND DUST IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SERVICES AND SITES, AND THEIR CONTENT, AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

Dust reserves the right to stop offering and/or supporting the Service or a particular part of the Service at any time either permanently or temporarily. In such event, Dust shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.

10. Updates to the Service

Dust may require that you accept updates to the Service and Sites you have installed on or accessed through your computer or mobile device. You acknowledge and agree that Dust may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service and Sites you have installed on or accessed through your computer or mobile device..

11. Disclaimers / Limitations / Waivers / Indemnification

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).

WITHOUT LIMITING THE FOREGOING, NEITHER DUST NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "DUST PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

12. Limitations / Waivers of Liability

UNDER NO CIRCUMSTANCES WILL DUST BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF DUST.

13. Use of Information

Dust reserves the right, and you authorize us, to use and assign all information provided by you in any manner consistent with our Privacy Policy and these Terms of Service.

14. Copyrights and Copyright Agent

It is Dust's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Site;
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site is Ryan Ozonian, who can be reached as follows:
ryan@usedust.com

15. Applicable Law

You agree that the laws of the state of California, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Dust or its affiliates.

16. Severability.

If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

17. Termination

Dust may terminate this Agreement at any time, with or without notice, for any reason.

18. Assignment

Dust may assign or delegate these Terms of Service and/or the Dust Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Dust's prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

19. Entire Agreement

These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including Dust's Privacy Policy), contain the entire understanding of you and Dust, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Us with respect to the Service.

20. No Waiver

The failure of Dust to require or enforce strict performance by you of any provision of these Terms of Service or the Dust Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Dust's right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Dust of any provision, condition, or requirement of these Terms of Service or the Dust Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Dust shall be deemed a modification of these Terms of Service nor be legally binding.

21. Dispute Resolution

21.1. General

If a dispute arises between you and Dust, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact Us directly to seek a resolution by going to Customer Support.

21.2. Law and Forum for Legal Disputes

These Terms of Service and any dispute arising out of or related to it or the Service 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 Dust must be resolved exclusively by a state or federal court located in Los Angeles County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.

21.3. Arbitration Option

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

22. Contact Information

2233 Barry Ave.
Los Angeles CA 90064
info@usedust.com