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Terms of Use

Welcome to RedTouchMedia.com. Red Touch and its affiliates provide their products and services to you subject to the following conditions. If you visit or shop at RedTouchMedia.com, you accept these conditions; If you do not accept these conditions, please do not use this site. read the following “terms of use” carefully.

Red Touch reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use, at any time. It is your responsibility to check these “Terms of Use” periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Red Touch grants you a personal, non-transferable, non-exclusive limited privilege to enter and use the Site. In addition, when you use any current or future Red Touch service, or visit or purchase from any business affiliated with Red Touch, whether or not included in the redtouchmedia.com website, you will also be subject to the guidelines and conditions applicable to said service or business.

Privacy

Please review our Customer Privacy Policy, which also governs your visit to redtouchmedia.com, to understand our practices. Additionally, by using our Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You also understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Electronic Communications

When you visit redtouchmedia.com or any of our affiliated sites, or send e-mails to us, you are communicating with us electronically. In return, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Trademarks

Red Touch Media, Red Touch, RedTouchMedia.com, The Music ATM, The Media ATM, and other marks indicated on our Site are registered trademarks of Red Touch Media, Inc. or its subsidiaries and affiliates, in the United States and other countries. redtouchmedia.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Red Touch Media, Inc. or its subsidiaries. Red Touch’s trademarks and trade dress may not be used in connection with any product or service that is not Red Touch’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Red Touch. All other trademarks not owned by Red Touch or its subsidiaries (“Other Trademarks”) that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Red Touch or its subsidiaries. Other Trademarks and trade dress may not be used in connection with any product or service that is not on behalf of and approved by the respective owner, or in any manner that is likely to cause confusion among customers as to the identity of the respective owner, or in any manner that disparages or discredits the respective owner.

Copyright and Content

All content included on this Site such as user and visual interfaces, text, graphics, photographs, trademarks, logos, icons, audio clips, digital downloads, data compilations, sounds, music, artwork, and software – including, but not limited, to the Site’s “look and feel”, design, structure, selection, coordination, expression and arrangement of the content on our Site - is owned, controlled, or licensed by or to Red Touch, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no portion of the Site or content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium without Red Touch’s express prior written consent. You may use the product information purposely made available by Red Touch for downloading from our Site provided that you: (1) do not remove any proprietary notice language in any copies of such documents; (2) use such information only for personal, non-commercial informational purposes, and do not copy or post such information on any networked computer or broadcast it in any media; (3) make no modifications to said information, and (4) do not make any additional representations or warranties relating to such documents.

License

Red Touch grants you a limited license to access and make personal use of this site; however, you may not download (other than page caching) or modify any portion of the content, except with express written consent of Red Touch Media, Inc. This license does not include: (1) any resale or commercial use of this site or its contents; (2) any collection and use of any product listings, descriptions, or prices; (3) any derivative use of this site or its contents, or (4) any use of data mining, robots, page scrape, spider, algorithm, methodology, or other data gathering and extraction tools to access, acquire, copy or monitor any portion of our Site or content. Red Touch reserves the right to bar any such activity. In addition:

(1)
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Red Touch server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
(2)
You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not do reverse look-ups, trace, or seek to trace any information on any other user or visitor to the Site, including any Red Touch customer account not owned by you, to its source.
(3)
You may not exploit the Site or any service or information offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
(4)
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Red Touch’s systems or networks, or any systems or networks connected to the Site or to Red Touch.
(5)
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site, or any transaction being conducted on the Site, or with any other person’s use of the Site.
(6)
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Red Touch on or through the Site, or any service offered on or through the Site.
(7)
You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
(8)
You may not use the Site or its content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Red Touch or others.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify Red Touch immediately of any unauthorized use of your account or password, or any other breach of security. You could be held liable for losses incurred by Red Touch or any other user of or visitor to the Site due to someone else using your Red Touch ID, password, or account. Red Touch does sell products for children, but it sells them to adults, who can purchase them with a credit card. If you are under 18 years old, you may use redtouchmedia.com only with involvement of a parent or guardian. Red Touch and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Reviews, Comments, Discussion Boards, Communications, and Other Content

Visitors may post reviews, comments, and other communications - as well as submit suggestions, ideas, comments, questions, or other information - as long as the content is not illegal, obscene, objectionable, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Red Touch reserves the right, but not the obligation, to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Red Touch and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully-sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Red Touch and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that: (1) you own, or otherwise control, all of the rights to the content that you post; (2) the content is accurate; (3) use of the content you supply does not violate this policy and will not cause injury to any person or entity, and (4) you will indemnify Red Touch and its affiliates for all claims resulting from content you supply. Red Touch has the right, but not the obligation, to monitor and edit or remove any activity or content. Red Touch takes no responsibility and assumes no liability for any content posted by you or any third party

Product Descriptions

Red Touch and its affiliates attempt to be as accurate as possible. However, Red Touch does not warrant that product descriptions or other content on our Site is accurate, complete, reliable, current, or error-free.

Pricing

Except where noted, the “List” Price displayed for the products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. The List Price is a comparative price estimate and may or may not represent the prevailing price on any particular day. Our “Special” and/or by-the-song download prices represent Red Touch’s sales price to you. Please note, prices, specifications, and product availability are subject to change without notice. With respect to items sold by Red Touch, we do NOT charge your credit card until your order has been processed.

Purchases

You may pay using most major credit cards (i.e., American Express, Discover, MasterCard, and Visa). We do not add any credit card surcharges. Additional terms and conditions may apply to the purchase of goods or services and/or to specific portions or features of the Site, including contests, promotions or other similar features. Those terms and conditions are made a part of these “Terms of Use” by this reference. You agree to abide by those terms and conditions, including where applicable, representing that you are of sufficient legal age to use or participate in such service, promotion, or feature. If there is a conflict between these Terms of Use, and the terms posted for or applicable to a specific portion of the Site, or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. Red Touch’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Returns

Red Touch hopes that all of its customers are happy with their purchases. If the product that you download is defective or damaged, please email support@redtouchmedia.com or call 1-888-888-0208 within 5 days to arrange for a replacement copy. We do not offer refunds or returns on downloaded products or services.

Links

For the convenience of the users of our website, redtouchmedia.com may contain links to other independent third-party websites. These third-party sites are not under Red Touch’s control, and Red Touch is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such sites. You will need to make your own independent judgment regarding your interaction with these sites.

Disclaimers

This site and its content are provided by Red Touch on an “as is” and “as available” basis. Red Touch does not promise that this site or any content, service, or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. all information provided on the site is subject to change without notice. Red Touch cannot ensure that files or other data downloaded from the site will be free of viruses or other harmful components. Red Touch disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose. Red Touch disclaims any and all liability for the acts, omissions, and conduct of any third parties in connection with or related to your use of the site and/or any Red Touch Services. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against Red Touch for dissatisfaction with the site or any content is to stop using the site and/or any such content. This limitation of relief is a part of the bargain between the parties. This disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action. Red Touch reserves the right to do any of the following, at any time, without notice: (1) modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) modify or change the Site, or any portion of the Site, and any applicable policies or terms, or (3) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Red Touch Media, Inc. shall not be liable for loss or damages of any kind including without limitation, special, consequential or punitive damages, arising out of your access to (or inability to access) this Site, or your use of, or reliance upon, this site or the content hereof or for negligence (except for personal injury or death), and excludes any such liability to the fullest extent permitted by law. The information contained in the site may contain technical inaccuracies or typographical errors, and Red Touch shall not be liable for any inaccuracies or errors. In addition, Red Touch has no duty to update this site or the content hereof, and Red Touch shall not be liable for any failure to update such information. Red Touch is neither responsible nor liable for your use of other websites that you may access via links within our Site. Red Touch does not control these websites and is not responsible for their content. These links are provided merely as a service to users of our Site, and inclusion on our Site does not constitute an endorsement by or affiliation with Red Touch. Any goods that you order from these third party websites are subject to the terms and conditions applicable to that website; Red Touch will have no liability to you in respect of the same. Please note, these websites may collect data or solicit personal information from you and are not subject to Red Touch’s Privacy Policy. Red Touch is not responsible for the privacy policies on those sites, or the use of any information those sites may collect. Nothing in this agreement is intended to limit any rights you may have as a consumer under any applicable law that may not be legally excluded.

Indemnification

You agree to indemnify and hold Red Touch, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Red Touch by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

Red Touch may disclose any information we have about you (including your identity) if we determine that: (1) such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or (2) to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Red Touch’s rights or property, or the rights and/or property of the visitors, users, partners, or customers of this Site. Red Touch reserves the right to disclose any information that the Company deems necessary to comply with any applicable law, regulation, legal process, or governmental request. Red Touch may also disclose your information if Red Touch determines that applicable laws or permits require such disclosure, including exchanging information with other companies and organizations for raud protection purposes. You acknowledge and agree that Red Touch may preserve any transmittal or communication by you with Red Touch through our Site, or any service offered on or through the Site, and may also disclose such data if required to do so by law, or if Red Touch determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal processes; (2) enforce these Terms of Use; (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Red Touch, its employees, users, or visitors to the Site, and the public. You expressly authorize Red Touch to disclose information in accordance with the terms of the Red Touch Store privacy policy. You agree that Red Touch may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if it is determined that you have violated these Terms of Use or other agreements or guidelines that may be associated with your use of this Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, which may cause irreparable harm to Red Touch, for which monetary damages would be inadequate. In this instance, you consent to Red Touch obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Red Touch may have at law or in equity. You also agree that Red Touch may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by you (self-initiated account deletion); (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems. If Red Touch does take any legal action against you as a result of your violation of these Terms of Use, Red Touch will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Red Touch. You also agree that Red Touch will not be liable to you or to any third party for termination of your access to the Site due to any violation of these Terms of Use.

Governing Law

By visiting redtouchmedia.com, you agree that the laws of the state of Utah, without regard to principles of conflict of laws, will govern these Terms of Use, and any dispute of any sort that might arise between you and Red Touch or its affiliates.

Disputes

Any dispute relating in any way to your visit to redtouchmedia.com or to products you purchase through Red Touch shall be submitted to confidential arbitration in Salt Lake City, Utah, except that, to the extent you have in any manner violated or threatened to violate Red Touch's intellectual property rights, Red Touch may seek injunctive or other appropriate relief in any state or federal court in the state of Utah, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous

Red Touch administers and operates its Site, www.redtouchmedia.com, from its location in Salt Lake City, Utah, USA; other Red Touch sites may be administered and operated from other locations in and/or outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or are appropriate or available for use outside the United States. In addition, any offer for any feature, product, or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative, and you are solely responsible for complying with applicable local laws. You may not use, export, or re-export any Content, or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation, United States export laws and regulations. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Red Touch with regard to your use of our Site, and any and all other written or oral agreements or understandings previously existing between you and Red Touch with respect to such use are hereby superseded and cancelled. Red Touch will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Red Touch’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Red Touch of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Red Touch and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Unsolicited Idea Submission Policy

Although we are always looking for specific feedback to improve our products and services, should you submit unsolicited ideas, Red Touch shall be free to use any ideas, concepts, know-how, or techniques, contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, or registering products, services, or features using such information without compensation. In addition, Red Touch shall be free to use any ideas, concepts, know-how, or techniques, contained in any communication you send to us without attributing the information to you in any way.

Validity

If any term, condition, or provision of these terms and conditions is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.

Language

This website is only available in English at this time; however, it will be available in other languages in the future.

Revisions

Red Touch may terminate, change, suspend or discontinue any aspect of this website, including the availability of any features of the site, at any time and without notice. Red Touch also reserves the right, at its sole discretion, to change, modify, add, or remove any portion of these terms in whole or in part, at any time and without notice. Red Touch may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this website after any changes to these terms are posted will be considered acceptance of those changes.

The information contained in this website is subject to change without notice.

Copyright © 2004-2017 Red Touch Media, Inc. All rights reserved.
Red Touch Media, Inc., 5225 W Wiley Post Way, Suite 150, Salt Lake City, UT 84116

Effective July 2004
Updated January 3, 2013