Terms & Conditions
Last updated: February 8, 2025.
Last updated: January 3, 2024.
The following terms and conditions (the "Terms and Conditions") govern your use of RADICAL16-operated
websites and/or mobile apps (collectively, the "Site"). The Site is made available by RADICAL16, INC. and
its affiliates (collectively, "RADICAL16", "SHOT ON EYEPHONE" or "we" or "us"). We may change the Terms and Conditions
from time to time, at any time without notice to you, by posting such changes on the Site.
Our Sites may include the option to purchase physical or digital goods. Purchases on RADICAL16's Sites
are governed by RADICAL16’s Webstore Terms and Conditions.
BY ACCESSING AND/OR USING THE SITE, INCLUDING REGISTERING FOR AN ACCOUNT, INTERACTING WITH THE SITE, OR
SUBMITTING FEEDBACK THROUGH THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AND TO ABIDE BY ALL
RULES, TERMS, CONDITIONS, RESTRICTIONS, AND NOTICES IN THE TERMS AND CONDITIONS. If you do not agree to these
Terms and Conditions, you may not access or otherwise use the Site.
1. Proprietary Rights. As between you and RADICAL16, RADICAL16 owns, solely and
exclusively, all rights, title, and interest in and to the Site, all the content (including, for example,
audio, photographs, illustrations, graphics, other visuals, video, copy, lyrics, software, etc.), code, data,
and materials thereon, the look and feel, design, and organization of the Site, and the compilation of the
content, code, data, and materials on the Site, including but not limited to any copyrights, trademark,
patent, database, moral, sui generis, and other intellectual property and proprietary rights therein. Your use
of the Site does not grant you ownership of any content, code, data, or materials you may access on the Site.
You may view the content on the Site on your computer or other internet-compatible device and make single
copies or prints of the content on the Site for your personal, internal use only. Any commercial distribution,
publishing, or exploitation of the Site, or any content, code, data, or materials on the Site, is strictly
prohibited unless you have received the express prior permission of RADICAL16 or the applicable rights
holder. (The Site may contain some features that enable you to obtain rights to use certain content on the
Site, such as lyrics, music, photographs, and the like. In such situations, your rights to use such content
are limited to the rights expressly granted by RADICAL16 in such situations.) You may not otherwise
copy, reproduce, distribute, or otherwise exploit any content, code, data, or materials on the Site. If you
make other use of the Site or the content, code, data, or materials thereon, except as otherwise provided
above, you may violate copyright and other laws of the United States, other countries, as well as applicable
state laws and may be subject to liability for such unauthorized use. RADICAL16 will aggressively
enforce its intellectual property rights to the fullest extent of the law, including seeking criminal
prosecution.
2. Trademarks. The trademarks, logos, service marks, and trade names (collectively the
"Trademarks") displayed on the Site are registered and unregistered Trademarks of RADICAL16 and others
and may not be used in connection with products and/or services that are not related to, associated with, or
sponsored by their rights holders that are likely to cause customer confusion, or in any manner that
disparages or discredits their rights holders. All Trademarks not owned by RADICAL16 that appear on
the Site, if any, are the property of their respective owners. Nothing contained on the Site should be
construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark
displayed on the Site without the written permission of RADICAL16 or the third party that may own the
applicable Trademark. Your misuse of the Trademarks displayed on the Site is strictly prohibited.
RADICAL16 will aggressively enforce its Trademark rights to the fullest extent of the law, including
seeking criminal prosecution.
3. User Information. In the course of your use of the Site, you may be asked to provide certain
personalized information to us (such information referred to hereinafter as "User Information"). Our
information collection and use policies with respect to the privacy of such User Information are set forth in
the Site's Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and
agree that you are solely responsible for the accuracy and content of User Information.
4. SMS/Mobile Programs. When you enroll in a text message service (“Mobile Program”) offered by
RADICAL16, you agree to receive offers, abandoned shopping cart messages, and
other information from RADICAL16 via SMS and/or MMS message at the mobile
number you provided during the service’s registration process. You may be required to respond to an initial
message as instructed to complete registration and confirm enrollment.
Messages may be sent using an automatic telephone dialing system. There is no additional charge for this
service, unless specifically disclosed and agreed by you, but you may be offered opportunities to make
purchases through the Mobile Program, and you will be responsible for any charges associated with such
purchases. Message frequency varies. Your mobile carrier’s message and data rates may apply to any messages
you send or receive through the Mobile Program, including our confirmations and subsequent texts. Please
contact your mobile carrier for more information regarding your mobile data and messaging plan.
As described at program enrollment and in program welcome messages, including messages sent to a shortcode
associated with the Mobile Program or by replying to any message you receive from us, you may text “STOP” to
cancel or “HELP” for customer support information. You can contact customer support directly by emailing
contact@radical16.com using the subject line beginning with: “SMS Marketing Inquiry”.
If you choose to stop your subscription, you agree to receive a final text message from the Mobile Program to
confirm your cancellation. Our information collection and use policies regarding your information are set
forth in our Privacy Policy. Mobile Programs that include marketing messages, including abandoned shopping
cart messages, may use any information collected about you under our Privacy Policy to link your activity to
your mobile number, personalize messages, and/or link your mobile number to an abandoned shopping cart.
Your carrier may prohibit or restrict certain mobile features, and certain mobile features may be incompatible
with your carrier or mobile device. Contact your carrier with questions regarding these issues. Carriers
supported by a Mobile Program are not liable for delayed or undelivered messages. RADICAL16
are not liable for any delays in the receipt of, or failure to receive, any SMS or MMS
texts, as delivery is subject to effective transmission by your mobile carrier.
5. Unsolicited Materials. Unless specifically requested, we do not solicit nor do we wish to
receive any confidential, secret, or proprietary information or other material from you through the Site, by
e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods,
systems, designs, plans, techniques, or other materials submitted or sent to us ("Submitted Materials") will
be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Site's
Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the
Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral
rights" in Submitted Materials have been waived, and (ii) grant us a royalty-free, unrestricted, worldwide,
perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sublicensable right and license
to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform,
and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or
technology now known or later developed. We cannot be responsible for maintaining any Submitted Material that
you provide to us, and we may delete or destroy any such Submitted Material at any time.
6. User Conduct. You warrant and agree that, while using the Site, you shall not upload, post, or
transmit to the Site, or distribute or otherwise publish through the Site, any materials that: (a) are
protected by third party copyright or other proprietary or intellectual property right; (b) are unlawful,
threatening, hateful, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or
publicity rights, harassing, profane, obscene, vulgar, or that contain explicit or graphic descriptions or
accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature
directed at another individual or group of individuals), (c) restrict or inhibit any other user from using and
enjoying the Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise
to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or
misleading indications of origin or statements of fact.
You also warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your
affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute, or in
any way exploit any information or other material obtained through the Site for commercial purposes (other
than as expressly permitted by the provider of such information or other material); (c) engage in spamming,
flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping,"
"database scraping," or any other activity with the purpose of obtaining lists of users or other information,
or send chain letters or pyramid schemes via the Site; or (d) attempt to gain unauthorized access to other
computer systems through the Site. You agree that you will not use the Site in any manner that could damage,
disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You
may not obtain or attempt to obtain any materials or information through any means not intentionally made
available or provided for through the Site.
Although RADICAL16 may from time to time monitor or review discussions, chats, postings,
transmissions, bulletin boards, and the like on the Site, RADICAL16 is under no obligation to do so
and assumes no responsibility or liability arising from the content of any such locations on the Site nor for
any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or
inaccuracy contained in any information within such locations on the Site.
You agree that if you include a link from any other website to the Site, such link shall open in a new browser
window. You agree not to link from any other website to this Site in any manner such that the Site, or any
page of the Site, is "framed," surrounded or obfuscated by any third party content, materials, or branding. We
reserve the right to revoke your right to link to the Site from your website at any time upon written notice
to you.
You agree to defend, indemnify, and hold RADICAL16 and its directors, officers, employees, agents, or
content or service providers (collectively, "Protected Entities") harmless from any and all claims,
liabilities, costs, and expenses, including reasonable attorneys' fees, arising in any way from your use of
the Site, your placement or transmission of any message, content, information, software, or other materials
through the Site, or your breach or violation of the law or of these Terms and Conditions. RADICAL16
reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, and in such case, you agree to cooperate with RADICAL16's defense
of such claim.
7. Account and Password. You may be enabled to create an account on the Site ("Account") using a
stand-alone registration or social media logins ("Login"). You shall be entirely responsible for maintaining
the strict confidentiality of any username or password administered to you through your Login; for any access
to or use of the Site by you or any person or entity using the username or password, whether or not such
access or use has been authorized by or on behalf of you, and whether or not such person or entity is your
employee or agent; and for all activities that are conducted through your Account. You agree to (a) ensure
that you exit from your Account at the end of each session and (b) immediately notify RADICAL16 if you
have any reason to believe an unauthorized use of your password or Account or any other breach of security has
taken place. It is your sole responsibility to control the dissemination and use of your password, control
access to and use of your Account, and notify RADICAL16 when you desire to cancel your Account on the
Site. RADICAL16 will not be responsible or liable for any loss or damage arising from your failure to
comply with this provision.
8. Software Downloads. In the event that you receive software demos or other software products
downloaded from the Site or otherwise delivered or provided by RADICAL16 in response to your request,
your use of such software will be subject to the software license agreement that accompanies such software.
9. Orders for Products and Services. We may make certain products available to visitors and
registrants of the Site. For example, you may be able to order certain music-related products and/or licenses
through the Site. You may only do so if, and you hereby represent and warrant that, you are domiciled in the
United States and you are 18 years old or older. You agree to pay in full the prices for any purchases you
make either by credit/debit card concurrent with your online order or by other payment means acceptable to
Universal. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit
card issuer or its agents, you agree to pay all amounts due upon demand by us.
10. Third Party Websites. You may be able to link from the Site to third party websites ("Linked
Sites"). For example, you may purchase products, some of which may be Universal products, on or though Linked
Sites. You acknowledge and agree that we have no responsibility for the information, content, products,
services, advertising, code or other materials which may or may not be provided by or through Linked Sites.
Links to Linked Sites do not constitute an endorsement by us of such websites or the information, content,
products, services, advertising, code or other materials presented on or through such websites.
11. DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT,
FUNCTIONS, AND MATERIALS, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES,
UPTIME, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT
OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
RADICAL16 DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SITE
OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR
ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS'
REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH
THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. RADICAL16 ALSO ASSUMES NO
RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY
INFECT OR HARM, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT FROM YOUR ACCESS TO, USE OF, OR BROWSING
IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU
ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, RADICAL16 AND ITS SUPPLIERS AND LICENSORS MAKE NO
WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY
DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES
LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH
RADICAL16 OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY
RADICAL16 "AS IS," EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT
SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND RADICAL16 OR ITS LICENSOR OR SUPPLIER.
12. LIMITATION OF LIABILITY. IN NO EVENT SHALL RADICAL16 OR ANY OF ITS PROTECTED ENTITIES
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING
FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT,
MATERIALS, AND FUNCTIONS RELATED THERETO, LOST BUSINESS, OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN
USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED,
TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO
EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES
OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM
THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO
RADICAL16 FOR YOUR USE OF THE SITE.
13. Applicable Laws. RADICAL16 controls and operates the Site from its offices in the
United States of America. RADICAL16 does not represent that materials on the Site are appropriate or
available for use in other locations. Persons who choose to access the Site from other locations do so on
their own initiative and are responsible for compliance with local laws, if and to the extent local laws are
applicable.
14. Modifications to the Site and the Services. RADICAL16 reserves the right, for any
reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site,
including, but not limited to, content, features, or hours of availability. RADICAL16 may also impose
limits on certain features of the Site or restrict your access to part or all of the Site without notice or
penalty. RADICAL16 reserves the right to temporarily or permanently terminate your membership on the
Site for any or no reason without prior notice.
15. Miscellaneous. Our failure to exercise or enforce any right or provision of the Terms and
Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and
Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the
other provisions of the Terms and Conditions remain in full force and effect.
16. Dispute Resolution. You and RADICAL16 agree to arbitrate all disputes between you and
RADICAL16 or its affiliates, except for disputes relating to the enforcement of RADICAL16's or
its affiliates' intellectual property
Contact Us
If you have any questions about these Terms, please contact us at contact@radical16.com
or visit our web page.