RASTERDECK TERMS OF SERVICE
Last Updated: January 1, 2026
Terms Version: 2026-1-1
PLEASE READ THESE TERMS OF SERVICE ("TERMS" OR "AGREEMENT") CAREFULLY BEFORE ACCESSING OR USING THE RASTERDECK PLATFORM, INCLUDING ANY ASSOCIATED WEBSITES, MOBILE APPLICATIONS, SOFTWARE, SERVICES, FEATURES, CONTENT, OR OTHER OFFERINGS PROVIDED BY RASTERDECK LLC ("RASTERDECK," "WE," "US," OR "OUR"). THIS IS A LEGALLY BINDING CONTRACT BETWEEN YOU ("USER," "YOU," OR "YOUR") AND RASTERDECK LLC.
BY CLICKING "I AGREE," CHECKING THE ACCEPTANCE CHECKBOX, REGISTERING FOR AN ACCOUNT, ACCESSING, OR OTHERWISE USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING ANY FUTURE MODIFICATIONS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE PLATFORM.
IF YOU ARE ACCESSING OR USING THE PLATFORM ON BEHALF OF A COMPANY, ORGANIZATION, OR OTHER ENTITY ("ENTITY"), YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO BIND THAT ENTITY TO THESE TERMS, IN WHICH CASE "YOU" AND "YOUR" WILL REFER TO THAT ENTITY.
RASTERDECK RESERVES THE RIGHT TO MODIFY THESE TERMS AT ANY TIME. WE WILL NOTIFY YOU OF MATERIAL CHANGES BY POSTING THE UPDATED TERMS ON THE PLATFORM AND/OR VIA EMAIL TO YOUR REGISTERED EMAIL ADDRESS OR SMS TO YOUR REGISTERED PHONE NUMBER. YOUR CONTINUED USE OF THE PLATFORM AFTER SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED TERMS. IF YOU DO NOT AGREE TO THE MODIFIED TERMS, YOU MUST CEASE USING THE PLATFORM IMMEDIATELY.
1. DEFINITIONS
1.1 "Platform" means the Rasterdeck website(s), mobile applications, software, APIs, servers, databases, and any other digital or online services provided by Rasterdeck for uploading, streaming, viewing, sharing, or interacting with User Content, including but not limited to video streaming services.
1.2 "User Content" means any videos, audio, images, text, captions, subtitles, metadata, comments, code, software, or other materials uploaded, posted, transmitted, or otherwise made available by You or any other user on or through the Platform.
1.3 "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
1.4 "Third-Party Content" means any content, software, services, or materials provided by third parties that may be accessible via the Platform, excluding Rasterdeck-managed promotional trailers.
1.5 "Creator Payments" means any earnings, revenue, or compensation provided to users for their User Content, including but not limited to profit shares from user subscriptions or viewer donations facilitated by the Platform, or credits applied to subscription fees.
1.6 "Platform Trailers" means promotional content, such as theater movie preview-style trailers, created or managed by Rasterdeck to promote other User Content on the Platform.
1.7 "Free Video" means User Content designated by the creator as freely accessible to users without a paid subscription, which does not generate revenue and is not eligible for Creator Payments.
1.8 "Accessibility Features" means closed captions, audio descriptions, transcripts, alternative text, keyboard navigation support, screen reader compatibility, and any other features intended to make content or the Platform usable by individuals with disabilities.
2. ELIGIBILITY AND ACCOUNT REGISTRATION
2.1 Eligibility. You must be at least 18 years of age or the age of majority in your jurisdiction (whichever is greater) to use the Platform. Rasterdeck does not permit use by minors and disclaims all liability for unauthorized access by individuals under the age of majority. By creating an account, you represent and warrant that you meet this age requirement.
2.2 Account Registration. To access certain features of the Platform, you may be required to create an account ("Account"). You agree to provide accurate, current, and complete information during registration, including payment and tax information if applicable, and to update such information as necessary. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to notify Rasterdeck immediately of any unauthorized use of your Account.
2.3 Account Actions. Rasterdeck reserves the right, in its sole discretion, to suspend, terminate, or restrict your Account or access to the Platform at any time, without notice or liability, for any reason, including but not limited to violation of these Terms, suspected fraud, infringement of third-party rights, failure to pay subscription fees, or any conduct that Rasterdeck determines is harmful to other users, third parties, or the Platform.
2.4 One Account Per Person. Each individual may maintain only one Account. Creating multiple Accounts to circumvent restrictions, abuse promotions, or for any other purpose is prohibited and grounds for immediate termination of all associated Accounts.
3. LICENSE GRANT
3.1 Limited License to Use the Platform. Subject to your compliance with these Terms, Rasterdeck grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for your personal, non-commercial purposes, or if you are an Entity, for internal business purposes, solely as permitted by the features of the Platform.
3.2 Restrictions on Use. You shall not:
(a) copy, modify, distribute, sell, lease, or create derivative works of any part of the Platform; (b) reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform; (c) use the Platform for any illegal purpose or in violation of any applicable law or regulation; (d) interfere with or disrupt the Platform or servers/networks connected to it; (e) upload viruses, malware, or other harmful code; (f) harvest, scrape, or collect data from the Platform using automated means; (g) impersonate any person or entity or falsely represent your affiliation; (h) use the Platform in any manner that could damage, disable, overburden, or impair any part of the Platform; (i) access or use the Platform if you are a direct competitor of Rasterdeck or an agent, employee, or representative of a direct competitor, or for the purpose of monitoring the Platform's availability, performance, or functionality, or for any other benchmarking, competitive intelligence, or reverse engineering purposes; (j) use the Platform to identify, develop, or exploit any vulnerabilities, attack vectors (legal, technical, or otherwise), or means to harm Rasterdeck, including but not limited to preparing DMCA takedowns, lawsuits, demand letters, or other adversarial actions against Rasterdeck or its users, except as expressly permitted by law and only after compliance with Section 11 (Mandatory Pre-Litigation Procedures); (k) use the Platform to test, audit, or evaluate accessibility compliance for purposes of litigation, demand letters, or legal action against Rasterdeck, unless you have first complied with Section 11; (l) access the Platform using automated accessibility testing tools for purposes other than improving your own User Content; or (m) encourage or assist any third party to do any of the foregoing.Violation of this provision may result in immediate termination of your Account and legal action to recover damages and attorneys' fees.
3.3 No Ownership. Except for the limited license granted herein, Rasterdeck retains all right, title, and interest in and to the Platform, including all Intellectual Property Rights therein. No implied licenses are granted under these Terms.
4. USER CONTENT
4.1 Ownership of User Content. You retain all ownership rights, including Intellectual Property Rights, in and to your User Content. By uploading User Content to the Platform, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to upload, use, and authorize Rasterdeck to use such User Content as contemplated by these Terms.
4.2 License to Rasterdeck. By uploading User Content to the Platform, you grant Rasterdeck a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable (through multiple tiers), perpetual, irrevocable license to host, store, reproduce, distribute, create derivative works of, publicly perform, publicly display, and otherwise use and exploit your User Content in connection with operating, improving, and providing the Platform, including but not limited to streaming, transcoding, formatting, making it available to other users, and creating Platform Trailers to promote your User Content or other content on the Platform. This license continues even if you stop using the Platform or delete your Account, but only to the extent necessary to fulfill these purposes.
4.3 Responsibility for User Content. You are solely and entirely responsible for your User Content and all outcomes, consequences, or effects arising from or related to it, including any claims by third parties. Rasterdeck does not endorse, guarantee, or assume responsibility for any User Content.
4.4 Prohibited Content. You shall not upload User Content that:
(a) infringes, misappropriates, or violates any third-party Intellectual Property Rights; (b) is defamatory, harassing, bullying, threatening, or constitutes hate speech, including content that promotes violence, discrimination, or harm based on race, ethnicity, gender, religion, sexual orientation, disability, or other protected characteristics; (c) violates any law, regulation, or third-party rights; (d) contains viruses, malware, or harmful code; (e) includes embedded advertisements, sponsorships, or promotional content not authorized by Rasterdeck; (f) contains pornography or sexually explicit material; (g) contains gore or graphic violence, unless such violence is integral to the storytelling, serves a legitimate narrative purpose, and is not gratuitous, as determined by Rasterdeck in its sole discretion; (h) depicts or exploits minors in any harmful manner; or (i) is otherwise objectionable in Rasterdeck's sole discretion.Product placement is permitted only if subtle, non-disruptive, and does not interfere with storytelling.
4.5 Removal of User Content. Rasterdeck reserves the absolute right, in its sole discretion, to remove, block, or refuse to display any User Content at any time, without notice or liability, for any reason or no reason. You may submit a written appeal to appeals@rasterdeck.com within thirty (30) days of removal. Rasterdeck has no obligation to review, respond to, or act on any appeal, and its decision is final and binding.
4.6 Copyright Infringement Liability. You are entirely and exclusively liable for any copyright infringement or other Intellectual Property Rights violations in your User Content. Rasterdeck shall not be liable for any such infringements, and you agree to indemnify, defend, and hold harmless Rasterdeck from any related claims, damages, costs, and attorneys' fees.
4.7 AI-Generated Content. If your User Content includes material generated by artificial intelligence, you represent and warrant that you have all necessary rights to upload and use it and that it does not infringe third-party rights. You grant Rasterdeck a perpetual, irrevocable license to use such content indefinitely, and you waive any claims against Rasterdeck related to infringement, similarity to other works, or ownership disputes.
4.8 Creator Accessibility Responsibility. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR ENSURING THAT YOUR USER CONTENT COMPLIES WITH ALL APPLICABLE ACCESSIBILITY LAWS AND REGULATIONS, INCLUDING BUT NOT LIMITED TO THE AMERICANS WITH DISABILITIES ACT (ADA), SECTION 508 OF THE REHABILITATION ACT, THE WEB CONTENT ACCESSIBILITY GUIDELINES (WCAG), AND ANY STATE OR LOCAL ACCESSIBILITY REQUIREMENTS. This includes, without limitation:
(a) Providing accurate closed captions or subtitles for all audio content in your videos; (b) Providing audio descriptions for visual content where required; (c) Ensuring any text, graphics, or interactive elements in your content meet applicable contrast and readability standards; (d) Not uploading content that contains flashing or strobing effects that could trigger seizures without appropriate warnings.RASTERDECK MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE ACCESSIBILITY OF USER CONTENT AND SHALL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, FINES, PENALTIES, OR LEGAL FEES ARISING FROM THE INACCESSIBILITY OF USER CONTENT. You agree to indemnify, defend, and hold harmless Rasterdeck from any accessibility-related claims pertaining to your User Content.
4.9 Platform Trailers. Rasterdeck may create and distribute promotional trailers for User Content. You have no right to control, approve, or receive compensation for such trailers beyond any applicable Creator Payments.
4.10 Freedom of Speech Commitment. Rasterdeck supports freedom of speech and creative expression to the greatest extent permissible under law, subject to these Terms and applicable legal obligations.
4.11 Safe Harbor Protections. Rasterdeck operates as an interactive computer service provider under applicable laws, including Section 230 of the Communications Decency Act (47 U.S.C. § 230). Rasterdeck is not the publisher or speaker of User Content and shall not be treated as such. Rasterdeck is not liable for claims arising from User Content created, uploaded, or transmitted by users.
5. ACCESSIBILITY AND PLATFORM IMPROVEMENTS
5.1 Platform Accessibility Efforts. Rasterdeck is committed to making its Platform increasingly accessible to users with disabilities. We are actively working to improve the accessibility of our Platform interface, navigation, and core functionality. However, the Platform is provided on an "as is" and "as available" basis, and Rasterdeck does not warrant or guarantee that the Platform currently meets or will meet any specific accessibility standard, including WCAG 2.1 AA or any version thereof.
5.2 No Accessibility Warranty. RASTERDECK EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE PLATFORM IS OR WILL BE ACCESSIBLE TO ALL USERS OR COMPLIANT WITH ANY ACCESSIBILITY STANDARD, GUIDELINE, OR LAW, INCLUDING BUT NOT LIMITED TO THE ADA, SECTION 508, WCAG, OR ANY STATE OR LOCAL ACCESSIBILITY REQUIREMENTS. The Platform's accessibility features are provided without warranty and are subject to change, modification, or removal at any time.
5.3 User-Generated Content Disclaimer. The Platform hosts User Content created by third parties. Rasterdeck does not control, review, edit, or endorse User Content for accessibility compliance. THE ACCESSIBILITY OF USER CONTENT IS THE SOLE RESPONSIBILITY OF THE USER WHO UPLOADED IT pursuant to Section 4.8. Rasterdeck shall not be liable for any inaccessibility of User Content.
5.4 Accessibility Feedback and Requests. If you encounter accessibility barriers on the Platform (excluding User Content), you may submit feedback to accessibility@rasterdeck.com. We will make reasonable efforts to review and consider your feedback. Submission of accessibility feedback does not create any obligation on Rasterdeck's part to implement changes, does not toll any limitations periods, and does not satisfy the pre-litigation notice requirements of Section 11.
5.5 Assistive Technology Compatibility. Rasterdeck endeavors to support common assistive technologies, including screen readers. However, due to the nature of video streaming technology and the diversity of assistive technologies and their configurations, Rasterdeck cannot guarantee compatibility with all assistive technologies or all versions thereof.
5.6 Third-Party Accessibility Tools. You acknowledge that any third-party accessibility tools, browser extensions, or widgets you use with the Platform are not endorsed by, controlled by, or the responsibility of Rasterdeck. Rasterdeck is not liable for the performance, compatibility, or any issues arising from such third-party tools.
5.7 Accessibility Statement. Rasterdeck's Accessibility Statement, available at rasterdeck.com/accessibility, provides additional information about our accessibility efforts. The Accessibility Statement is incorporated herein by reference and forms part of these Terms.
6. BETA VERSION OF THE PLATFORM
6.1 Beta Status. Rasterdeck is currently in beta. You acknowledge and agree that the Platform is provided "as is" and "as available," with no warranties of any kind regarding functionality, reliability, performance, uptime, data integrity, or fitness for any particular purpose. Features may be experimental, incomplete, or contain bugs. Rasterdeck may modify, suspend, or discontinue features or access at any time, without notice or liability.
6.2 Data Loss. During the beta period, data loss may occur. You are solely responsible for maintaining backups of any important data, including User Content.
6.3 Feedback. You may submit feedback via feedback@rasterdeck.com. By submitting feedback, you grant Rasterdeck a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate such feedback without compensation or attribution. Rasterdeck has no obligation to implement, respond to, or acknowledge feedback.
7. CREATOR PAYMENT PROGRAM
7.1 Program Nature. The Creator Payment Program is a discretionary benefit offered by Rasterdeck to eligible creators. Participation in this program is a privilege, not a right or entitlement, and is offered at Rasterdeck's sole discretion. The terms of this program are non-negotiable and may be modified, suspended, or terminated at any time without prior notice.
7.2 Monetization Eligibility. Only compliant, non-Free Video User Content may be considered for monetization. Free Videos generate no revenue or payments. Rasterdeck reserves the absolute right to determine monetization eligibility, payment amounts, and participation in its sole and unfettered discretion.
7.3 Profit Share. When Rasterdeck elects to distribute Creator Payments, it may distribute up to 50% of Platform net profit to eligible creators based on viewership minutes of monetized content relative to total Platform viewership. "Net profit" means gross revenue remaining after deduction of all Platform expenses, costs, and obligations, including but not limited to: payment processing fees, refunds, chargebacks, taxes, hosting and infrastructure costs, bandwidth and CDN costs, software and licensing fees, personnel costs, legal and compliance expenses, marketing expenses, administrative overhead, reserves for future expenses or contingencies, and any other costs Rasterdeck incurs in operating the Platform, as determined by Rasterdeck in its sole discretion.
7.4 No Audit or Review Rights. You acknowledge and agree that Rasterdeck's financial records, accounting methods, expense calculations, profit determinations, and allocation methodologies are proprietary and confidential business information. YOU EXPRESSLY WAIVE ANY RIGHT TO AUDIT, INSPECT, REVIEW, OR CHALLENGE RASTERDECK'S FINANCIAL RECORDS, CALCULATIONS, OR DETERMINATIONS RELATED TO THE CREATOR PAYMENT PROGRAM. Rasterdeck has no obligation to disclose, explain, or justify its financial calculations, expense allocations, or payment determinations to any creator or third party.
7.5 Payouts. If and when Rasterdeck elects to issue payments, such payments are typically issued approximately two (2) weeks after the end of each calendar month, provided earnings meet the minimum threshold of $25 USD. Earnings below the threshold roll over to subsequent months. Payout timing, methods, and thresholds are subject to change at Rasterdeck's discretion. Alternatively, you may opt in to have earnings credited toward your subscription fees (not available if fees are waived).
7.6 Tax Compliance. You are solely responsible for all taxes on Creator Payments. Rasterdeck may require tax documentation (e.g., W-9, W-8BEN) before processing payments and may withhold taxes as required by law.
7.7 No Guarantees. RASTERDECK MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND REGARDING EARNINGS, PAYMENT AMOUNTS, VIEWERSHIP, PROFITABILITY, OR THE CONTINUATION, TERMS, OR EXISTENCE OF THE CREATOR PAYMENT PROGRAM. Participation in the program does not create any employment, partnership, joint venture, or fiduciary relationship between you and Rasterdeck. Rasterdeck may modify payment percentages, calculation methods, eligibility requirements, or any other aspect of this program, or discontinue the program entirely, at any time without notice or liability.
7.8 Program Modifications. Rasterdeck reserves the right to modify, suspend, or terminate the Creator Payment Program or any aspect thereof at any time, for any reason or no reason, without prior notice and without liability to you. Continued participation after any modification constitutes acceptance of the modified terms.
8. USER SUBSCRIPTIONS AND PAYMENTS
8.1 Subscription Fees. Full access to the Platform requires a paid subscription ($2/month base or higher donator tiers). Subscription fees may be waived for a limited number of invited creators at Rasterdeck's sole discretion. Fees are non-refundable except as required by applicable law.
8.2 Billing Authorization. By providing payment information, you authorize Rasterdeck and its payment processors to charge recurring subscription fees to your payment method. Failure to pay may result in suspension or termination of your Account.
8.3 Price Changes. Rasterdeck may change subscription fees upon thirty (30) days' notice. Continued use after a price change constitutes acceptance of the new fees.
8.4 Cancellations. You may cancel your subscription at any time through your Account settings. Cancellation is effective at the end of the current billing cycle. Upon cancellation, you will retain access to the Platform until the end of your current paid period, after which your access will revert to any available free tier or be terminated.
8.5 Refund Policy. ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE. No refunds or credits will be provided for partial subscription periods, unused time, or any other reason, except where required by applicable law. By subscribing, you acknowledge and accept this no-refund policy. If you cancel your subscription, you will not receive a refund for any remaining time in your billing period, but you will continue to have access until that period ends.
8.6 Chargebacks. Initiating a chargeback or payment dispute without first contacting Rasterdeck at billing@rasterdeck.com may result in immediate Account termination and a ban on future Account creation.
8.7 Viewing Tokens. Your subscription includes a monthly allocation of viewing tokens ("Tokens"), which represent viewing capacity on the Platform. Tokens are consumed when you stream content, with consumption rates based on video quality and duration. Token allocations and consumption rates are published on the Platform and may be updated from time to time.
8.8 Token Accumulation. Unused Tokens accumulate in your Account balance each billing cycle. You may accumulate Tokens up to a maximum balance equivalent to three hundred sixty-five (365) days of monthly Token grants (the "Accumulation Cap"). Once your balance reaches the Accumulation Cap, additional Tokens will not accrue until your balance falls below the cap through usage. Tokens do not expire while your subscription remains active.
8.9 Tokens Upon Cancellation or Lapse. If your subscription is cancelled or lapses, your Token balance will be preserved for three hundred sixty-five (365) days from the date of cancellation or lapse. During this preservation period, Tokens cannot be used without an active subscription. If you resubscribe within the preservation period, your full Token balance will be restored and available for use. If you do not resubscribe within three hundred sixty-five (365) days, your Token balance will be forfeited.
8.10 Token Value and Adjustments. Tokens represent viewing capacity as defined at the time of issuance. Rasterdeck reserves the right to adjust Token earning rates, redemption values, or viewing allocations for future Token grants upon reasonable notice. Adjustments will not retroactively reduce the value of Tokens already in your balance at the time of the adjustment.
8.11 No Cash Value. Tokens have no cash value and cannot be exchanged, transferred, sold, or redeemed for cash or any form of payment. Tokens are non-transferable between Accounts. Upon Account termination for violation of these Terms, all Tokens are immediately forfeited without compensation.
8.12 Token Display. Your current Token balance and consumption history are available in your Account settings. Rasterdeck endeavors to maintain accurate Token accounting but is not liable for display errors or discrepancies. In the event of a dispute regarding Token balance, Rasterdeck's records shall be controlling.
9. DMCA AND COPYRIGHT POLICY
9.1 DMCA Compliance. Rasterdeck respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). If you believe your copyrighted work has been infringed on the Platform, you may submit a DMCA takedown notice to our designated agent.
9.2 DMCA Takedown Notice Requirements. A valid DMCA notice must include:
(a) A physical or electronic signature of the copyright owner or authorized agent; (b) Identification of the copyrighted work claimed to be infringed; (c) Identification of the infringing material and its location on the Platform (URL); (d) Your contact information (address, phone, email); (e) A statement that you have a good faith belief the use is not authorized; and (f) A statement, under penalty of perjury, that the information is accurate and you are authorized to act.9.3 Designated Agent. DMCA notices should be sent to:
Rasterdeck LLC
DMCA Agent
Email: dmca@rasterdeck.com
9.4 Counter-Notification. If you believe your content was removed in error, you may submit a counter-notification with the required information under 17 U.S.C. § 512(g).
9.5 Repeat Infringers. Rasterdeck will terminate Accounts of repeat copyright infringers in appropriate circumstances.
10. TERMINATION AND DISCONTINUATION
10.1 Termination by You. You may terminate this Agreement at any time by ceasing use of the Platform and deleting your Account through Account settings or by contacting support@rasterdeck.com.
10.2 Termination by Rasterdeck. Rasterdeck may terminate or suspend your access or this Agreement at any time, without prior notice or liability, for any reason or no reason, including but not limited to violation of these Terms.
10.3 Discontinuation of the Platform. Rasterdeck reserves the right to discontinue the Platform or any portion thereof at any time, with or without notice, and without liability to you or any third party. Upon discontinuation, no refunds or payments will be owed except as required by applicable law.
10.4 Effect of Termination. Upon termination: (a) your license to use the Platform immediately terminates; (b) you must cease all use of the Platform; (c) Rasterdeck may delete your Account and User Content; and (d) any outstanding payment obligations remain due.
10.5 Survival. All provisions that by their nature should survive termination shall survive, including but not limited to Sections 1, 3.3, 4.2, 4.3, 4.6, 4.8, 5, 9, 11, 12, 13, 14, 15, and 16.
11. MANDATORY PRE-LITIGATION DISPUTE RESOLUTION PROCEDURES
THIS SECTION APPLIES TO ALL CLAIMS, INCLUDING BUT NOT LIMITED TO CLAIMS UNDER THE AMERICANS WITH DISABILITIES ACT, STATE ACCESSIBILITY LAWS, CONSUMER PROTECTION LAWS, AND ANY OTHER STATUTORY OR COMMON LAW CLAIMS.
11.1 Mandatory Notice Requirement. BEFORE INITIATING ANY LEGAL ACTION, ARBITRATION, DEMAND LETTER, REGULATORY COMPLAINT, OR OTHER ADVERSARIAL PROCEEDING AGAINST RASTERDECK, YOU MUST FIRST PROVIDE WRITTEN NOTICE TO RASTERDECK AND ALLOW A CURE PERIOD AS SET FORTH HEREIN. Failure to comply with this Section renders any subsequent legal action premature, and Rasterdeck shall be entitled to dismissal, a stay of proceedings, and recovery of attorneys' fees and costs incurred as a result of your non-compliance.
11.2 Notice Contents. Your written notice must be sent via certified mail and email to:
Rasterdeck LLC
Attn: Legal Department
Email: legal@rasterdeck.com
The notice must include:
(a) Your full legal name and contact information; (b) Your Account username or email (if applicable); (c) A detailed description of the alleged issue, violation, or harm; (d) For accessibility claims: specific identification of the accessibility barrier(s), including URLs, page elements, assistive technology used, and WCAG success criteria allegedly violated; (e) The specific relief or remedy you seek; (f) A statement that you have read and complied with this Section 11; and (g) Your signature (electronic signature acceptable for email).11.3 Cure Period. Upon receipt of a compliant notice, Rasterdeck shall have:
(a) Sixty (60) days to investigate and respond to general claims; or (b) Ninety (90) days to investigate and respond to accessibility-related claims.During this cure period, the parties agree to engage in good faith negotiations to resolve the dispute. The cure period may be extended by mutual written agreement. You agree not to publicize the dispute or file any legal action during this period.
11.4 Rasterdeck's Response. Rasterdeck may, at its option:
(a) Cure the alleged issue; (b) Provide a remediation plan with a reasonable timeline; (c) Explain why no violation occurred; (d) Offer a resolution or settlement; or (e) Decline to take action with an explanation.11.5 Good Faith Participation. Both parties agree to participate in the notice and cure process in good faith. This may include a telephone or video conference call to discuss the issues.
11.6 Tolling. The applicable statute of limitations for any claim subject to this Section shall be tolled from the date Rasterdeck receives compliant notice until the expiration of the cure period or resolution, whichever occurs first.
11.7 Prerequisite to Arbitration or Litigation. Compliance with this Section 11 is a mandatory prerequisite to initiating arbitration under Section 12 or any other legal proceeding. Any arbitration demand or legal filing that does not demonstrate compliance with this Section shall be subject to dismissal.
11.8 Accessibility-Specific Requirements. For any claim alleging violation of accessibility laws (including but not limited to the ADA, Section 508, state accessibility laws, or WCAG), you must:
(a) Identify with specificity the assistive technology and version used; (b) Describe your disability only to the extent necessary to explain the barrier encountered; (c) Provide screenshots, screen recordings, or detailed descriptions of the accessibility barrier; (d) Identify specific pages, features, or User Content affected; and (e) State whether the barrier relates to Platform features (Rasterdeck's responsibility) or User Content (creator's responsibility pursuant to Section 4.8).12. DISPUTE RESOLUTION AND BINDING ARBITRATION
12.1 Agreement to Arbitrate. YOU AND RASTERDECK AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, YOUR USE OF THE PLATFORM, OR ANY RELATED MATTER (COLLECTIVELY, "DISPUTES"), SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, EXCEPT AS SET FORTH HEREIN. This includes disputes arising under federal, state, or local laws, including but not limited to the Americans with Disabilities Act, consumer protection laws, and privacy laws.
12.2 Pre-Arbitration Requirements. Before filing for arbitration, you must fully comply with the notice and cure requirements of Section 11.
12.3 Arbitration Rules and Procedures. Arbitration shall be conducted by a single arbitrator under the American Arbitration Association ("AAA") Consumer Arbitration Rules then in effect, or if the AAA is unavailable, under JAMS Streamlined Arbitration Rules. The arbitration shall take place in Cheyenne, Wyoming, unless the parties agree otherwise or the arbitrator determines another location is appropriate. The arbitration shall be conducted in English.
12.4 Arbitration Costs. Rasterdeck will pay all AAA filing fees and arbitrator fees for claims under $10,000, provided the claim is not frivolous. For claims over $10,000, fees shall be allocated per AAA rules. Each party bears its own attorneys' fees unless the arbitrator awards fees to the prevailing party.
12.5 Arbitration Authority. The arbitrator shall have exclusive authority to resolve all Disputes, including the scope, enforceability, and arbitrability of this arbitration agreement. The arbitrator may grant any remedy that a court could grant, including injunctive relief, but only on an individual basis.
12.6 CLASS ACTION AND JURY TRIAL WAIVER. YOU AND RASTERDECK EACH WAIVE THE RIGHT TO A JURY TRIAL. YOU ALSO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise, the arbitrator may not consolidate claims or preside over any form of class or representative proceeding.
12.7 Mass Arbitration. If 25 or more similar arbitration demands are filed against Rasterdeck within a 90-day period, the parties agree to implement batch arbitration procedures, bellwether protocols, or other procedures as determined by the arbitrator or AAA to handle such claims efficiently.
12.8 Small Claims Court. Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within that court's jurisdiction, provided the action remains individual and non-representative.
12.9 Opt-Out Right. You may opt out of this arbitration agreement by sending written notice to legal@rasterdeck.com within thirty (30) days of first accepting these Terms. The notice must include your name, Account identifier, and a statement that you opt out of arbitration. If you opt out, you are still bound by all other provisions of these Terms.
12.10 Confidentiality. All aspects of the arbitration, including the existence of the dispute, proceedings, submissions, and the arbitrator's decision, shall be kept confidential, except as required by law or to enforce the arbitration award.
12.11 Severability of Arbitration Provision. If any portion of this Section 12 is found unenforceable, the remainder shall continue to apply. However, if the class action waiver in Section 12.6 is found unenforceable, then this entire Section 12 shall be null and void, and any Dispute shall be resolved in court subject to Section 13.
13. GOVERNING LAW AND VENUE
13.1 Governing Law. These Terms and any Disputes shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of laws principles.
13.2 Venue. For any Dispute not subject to arbitration, you consent to exclusive jurisdiction and venue in the state and federal courts located in Laramie County, Wyoming. You waive any objection to such jurisdiction or venue based on inconvenient forum.
14. LIMITATION OF LIABILITY
14.1 Disclaimer of Warranties. THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, OR ACCESSIBILITY. RASTERDECK DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
14.2 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RASTERDECK, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF RASTERDECK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.3 Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RASTERDECK'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO RASTERDECK IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100 USD).
14.4 Accessibility Liability Limitation. WITHOUT LIMITING THE FOREGOING, RASTERDECK SHALL HAVE NO LIABILITY FOR: (A) THE ACCESSIBILITY OR INACCESSIBILITY OF USER CONTENT; (B) ANY FAILURE TO MEET ACCESSIBILITY STANDARDS, GUIDELINES, OR LAWS; (C) ANY DAMAGES OR INJURIES ARISING FROM ACCESSIBILITY BARRIERS; OR (D) ANY CLAIMS BROUGHT UNDER THE ADA, SECTION 508, WCAG, OR ANY STATE OR LOCAL ACCESSIBILITY LAW. YOUR SOLE REMEDY FOR ACCESSIBILITY CONCERNS IS THE FEEDBACK PROCESS IN SECTION 5.4, SUBJECT TO SECTION 11.
14.5 Essential Purpose. YOU ACKNOWLEDGE THAT THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN YOU AND RASTERDECK, AND THAT RASTERDECK WOULD NOT PROVIDE THE PLATFORM WITHOUT THESE LIMITATIONS.
14.6 Jurisdictional Limitations. Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability. In such jurisdictions, Rasterdeck's liability shall be limited to the maximum extent permitted by law.
15. INDEMNIFICATION
15.1 Your Indemnification Obligations. You agree to indemnify, defend, and hold harmless Rasterdeck, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
(a) Your use of the Platform; (b) Your User Content, including any claims that it infringes Intellectual Property Rights or violates accessibility laws; (c) Your violation of these Terms; (d) Your violation of any law or regulation; (e) Your violation of any third-party rights; (f) Any dispute between you and another user; or (g) Any accessibility claims relating to your User Content.15.2 Procedure. Rasterdeck will provide you with prompt notice of any claim subject to indemnification. You shall not settle any claim without Rasterdeck's prior written consent. Rasterdeck reserves the right to assume the exclusive defense and control of any matter subject to indemnification at your expense.
16. MISCELLANEOUS
16.1 Entire Agreement. These Terms, together with the Privacy Policy, Community Guidelines, Accessibility Statement, and any other policies referenced herein, constitute the entire agreement between you and Rasterdeck regarding the Platform and supersede all prior agreements and understandings.
16.2 Severability. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
16.3 No Waiver. Rasterdeck's failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by Rasterdeck.
16.4 Assignment. You may not assign or transfer these Terms or your rights hereunder without Rasterdeck's prior written consent. Rasterdeck may assign these Terms without restriction.
16.5 Force Majeure. Rasterdeck shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, pandemics, government actions, labor disputes, power failures, internet disruptions, or third-party service failures.
16.6 Notices. Notices to Rasterdeck must be sent to legal@rasterdeck.com or by certified mail to our registered address. Notices to you may be sent to the email or phone number associated with your Account or posted on the Platform.
16.7 No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights.
16.8 Headings. Section headings are for convenience only and do not affect interpretation.
16.9 Export Controls. You agree to comply with all applicable export and import laws. You represent that you are not located in a country subject to U.S. embargo or designated as a "terrorist supporting" country and are not on any U.S. government prohibited party list.
16.10 Government Users. If you are a U.S. government entity, the Platform is provided as "commercial computer software" under FAR 12.212 and DFARS 227.7202.
16.11 California Residents. Under California Civil Code § 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
16.12 Contact Information. For questions about these Terms:
Rasterdeck LLC
Email: legal@rasterdeck.com
BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE PLATFORM.