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.
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
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:
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
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.
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.
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 firstname.lastname@example.org 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.
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.
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
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.
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.
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.
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.
This website is only available in English at this time; however, it will be available in other languages in the future.
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