Last update: January 23, 2019
These Terms of Service ("Terms") apply to your access to and use of the www.usedust.com website, Dust mobile application and other online products and services (collectively, the "Services") provided by Radical App, LLC ("Company" or "we"). By clicking "I Accept" or by using our Services, you agree to these Terms, including the class action waiver in Section 18. If you do not agree to these Terms, do not use our Services.
We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
If you have any questions about these Terms or our Services, please contact us at help@usedust.com.
For information about how we collect, use, share and otherwise process information about you, please see our Privacy Statement.
You must be at least 13 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. We do not knowingly collect personal information from users under the age of 13.
You are also responsible for any fees, including internet connection or mobile fees, that you incur when accessing the Services.
You may need to register for an account to access some or all of our Services ("Account"). If you register for an Account, you must provide accurate Account information and promptly update this information if it changes. You agree that you will not disclose your Account password to anyone. You also must maintain the security of your Account and promptly notify us if you discover or suspect that someone has accessed your Account without your permission. You are responsible for all activities that occur in connection with your Account.
The Services consist of interactive features and areas that allow users to create, post, transmit, store and share content, including, but not limited to, messages, text, photos, music, audio, videos, graphics, software, works of authorship of any kind, and information or other materials (collectively, "User Content"). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Company.
You grant Company and its subsidiaries and affiliates a non-exclusive, royalty-free, worldwide, fully paid, and sublicenseable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you.
The Dust mobile application was created for people to communicate willingly with each other while not wanting to leave a trace of the conversation. If you are reported or caught participating in any of the prohibited conduct in this Section 6, you may be banned from using our Services. You will not:
The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Company or our licensors and are protected under both United States and foreign laws. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicenseable, revocable license to access and use our Services for your own personal, noncommercial use.
Radical App and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Company or our Services (collectively, "Feedback"). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, "Third-Party Content"). Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party.
You agree to comply with all applicable laws regarding your use of the Services. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
The Services are hosted in the United States. In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold Company and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees, harmless from and against any liability, loss, claim, demand, damage, expense or cost, including reasonable attorneys' fees, arising out of or related to your (a) violation of these Terms or (b) access to or use of the Services.
You expressly agree that your use of the Services is at your sole risk, and our Services and any content therein are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of non-infringement, title, merchantability or fitness for a particular purpose.
To the fullest extent permitted by applicable law, Company and the other Company Parties will not be liable or responsible to you for any indirect, incidental, consequential, special, exemplary, punitive, or other damages, under any legal theory, whether based in contract, tort, negligence, warranty or otherwise, even if Company or the other Company Parties have been advised of the possibility of such damages.
To the fullest extent permitted by applicable law, you release Company and the other Company Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the Accounts of users who repeatedly infringe the intellectual property rights of others.
Copyright Agent: William Fitzpatrick
Address: 633 W 26th Street, 26th Floor, Los Angeles, CA 90071
Telephone: +1 213-347-5686
Email: billf@EFfirm.com
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Company and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement.
18.1 No Representative Actions
You and Company agree that any dispute arising out of or related to these Terms or our Services is personal to you and Company and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
18.2 Binding Arbitration
Except for small claims disputes, you and Company waive your rights to a jury trial and to have any dispute resolved in court. For any dispute, you agree to first contact Company at help@usedust.com or by certified mail to 2233 Barry Avenue, Floor 1, Los Angeles, CA 90064.
18.3 Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of California. You agree that any claim or dispute will be resolved in the state or federal courts sitting in Los Angeles County, California.
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time.
These Terms also include provisions on Severability (§20), Assignment (§21), Entire Agreement (§22), No Waiver (§23), No Third-Party Beneficiaries (§24), and Electronic Communications (§25).
2233 Barry Ave.
Los Angeles, CA 90064
help@usedust.com