We reserve the right at any time to:
Any changes we make will be effective immediately upon notice. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms.
By using or attempting to use the Site, you certify that are at least 18 years of age or, if under the age of 18, you have the consent of your parent or guardian (over the age of 18) to use the Site. If you do not meet these requirements please discontinue using the Site immediately.
You may browse the Site and view content without registering, but as a condition to using certain aspects of the Site, you may be required to register with www.touchtix.net and to select a password and "User ID". Touchtix.net is a registered subsidiary of parent company Touchstone Productions Limited and as such the information you provide will be submitted to Touchstone Productions Limited. You shall provide Touchstone Productions with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. You shall not:
Touchstone Productions reserves the right to refuse registration, cancel a User ID or deny access to the Site in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You shall never use another user's account without such other user's express permission. You will immediately notify Touchstone Productions in writing of any unauthorized use of your account, or other account related security breach of which you are aware. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by emailing us at
CODE OF CONDUCT
In connection with User Content (as defined below) and your use of the Site, you agree that you will not:
OWNERSHIP AND RESTRICTIONS ON USE
The information and materials provided on or through the Site, including any data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the "Materials"), are intended to educate and inform you about the products and services offered or described on the Site by Touchstone Productions. You may not engage in any unauthorized use, copying, or distribution of any of the Materials. For example, you may not otherwise reproduce, display, publicly perform, or distribute the Materials in any way for any public or commercial purpose. You may not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose. Modification or use of the Materials for any purpose other than as expressly authorized in these Terms is a violation of our copyright and other proprietary rights, and is strictly prohibited.
The Site, including all Site software, databases, proprietary information and Materials (and any intellectual property and other rights relating thereto) including, without limitation, the selection, sequence and "look and feel" and arrangement of items, is owned and operated by Touchstone Productions and will remain the property of Touchstone Productions and its licensors and suppliers. The Site is protected by international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You further acknowledge that you do not acquire any ownership rights by using the Site or the Materials.
The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered trademarks of Touchstone Productions, their suppliers, and others. The Trademarks owned by Touchstone Productions, whether registered or unregistered, may not be used in connection with any product or service that is not offered by Touchstone Productions, in any manner that is likely to cause confusion with customers, or in any manner that disparages Touchstone Productions. Touchstone Productions will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
Descriptions or images of, or references to, products or services on the Site do not imply Touchstone Productions’ endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); to limit the order quantity on any product or service; and/or to refuse to provide any user with any product or service.
Verification of information applicable to a purchase may be required prior Touchstone Productions acceptance of any order. Price and availability of any product or service are subject to change without notice. Refunds and exchanges will be subject to Touchstone Productions refund and exchange policies then in effect.
INFORMATION PROVIDED BY TOUCHSTONE PRODUCTIONS
Although Touchstone Productions strives to provide Materials that are both useful and accurate, the nature of the data and other information contained on the Site is subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although Touchstone Productions will make best efforts to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete. In addition, portions of the Materials will have been contributed to the Site by various artists, and other persons. The inclusion of such information does not indicate any approval or endorsement thereof, and Touchstone Productions expressly disclaims any liability with respect to the foregoing.
FORUMS AND USER CONTENT
We and our designees may host message boards, blog feeds and other forums found on the Site (collectively, the "Forums"), and you may have the ability to provide or upload suggestions, ideas, notes, concepts, information, content, audio recordings, videos, photographs, graphics, artwork or other copyrighted works and materials (collectively, "User Content"). By sending or transmitting User Content to us, or by posting such User Content to any area of the Site, you grant us and our designees a perpetual, worldwide, non-exclusive, unlimited, transferable, assignable, royalty-free, irrevocable right and license to use, reproduce, distribute, create derivative works of, publicly perform, display (publicly or otherwise), store, digitally perform, publish (on the Site, on any other website(s), in print, radio, television or elsewhere), make, have made, sell, offer for sale, import and commercialize User Content, or any portion thereof, in any manner and context (including but not limited to usage in commercial, advertising or promotional materials), now known or in the future discovered, in Touchstone Productions’ sole discretion, all media now known or hereinafter discovered, without limitation and without any compensation or acknowledgment to you or any third party.
None of the User Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any User Content. If Touchstone Productions does decide, in its sole discretion, to attribute User Content to you, you hereby grant Touchstone Productions the right to use your member name with respect to such attribution, and waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your member name. For clarity, the foregoing license grant to Touchstone Productions does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to the material in your User Content, unless otherwise agreed in writing.
You shall be solely responsible for your own User Content and the consequences of posting or publishing them. In connection with User Content, you affirm, represent and/or warrant that:
You acknowledge and agree that we have the right (but not the obligation) to monitor the Site and the Forums and the User Content that you or third parties transmit or post; to alter or remove any such User Content (including, without limitation, any posting to a Forum); to disclose such User Content and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests.
You agree that your use of other internet websites and resources, including without limitation, your use of any content, information, data, advertising, products, or other materials on or available through such websites and resources, is at your own risk and is subject to the terms and conditions of use applicable to such sites and resources.
These Terms shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate these Terms, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of these Terms, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under these Terms or otherwise. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Touchstone Productions may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Touchstone Productions shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
VIOLATION OF THESE TERMS
Violations of these Terms, including unauthorized use of the Site, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress. You understand and agree that in Touchstone Productions’ sole discretion, and without prior notice, Touchstone Productions may terminate and block your access to the Site or to other services, cancel any orders for merchandise and or tickets, and refuse to honor pending and future purchases made from all credit card accounts or online accounts that Touchstone Productions believes may be associated with you.
Touchstone Productions is not required to provide any refund to you if it exercises any of its rights or remedies because you have violated these Terms or any of Touchstone Productions’ Additionally, we reserve the right, in our sole discretion, to modify, suspend or discontinue any part of this Site at any time, with or without notice to you. We also reserve the right, in our sole discretion, to impose limits on certain features and services and to restrict access to any part or to all of the Site without notice to you. We shall not be liable to you or any third party for any claim or cause of action arising out of our exercise of the foregoing rights.
The site, the materials on the site, and any product or service obtained through the site is provided "as is" and without warranties of any kind, either express or implied. Touchstone Productions does not warrant that your use of the site will be uninterrupted, error-free or secure, that defects will be corrected, or that the site, the server(s) on which the site is hosted is free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the site, and all charges related thereto. You assume all responsibility and risk for your use of the site and your reliance thereon. No opinion, advice or statement of Touchstone Productions, whether made on the site or otherwise, shall create any warranty.
Touchstone Productions does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site or any hyperlinked site, or featured in any banner or other advertising, and Touchstone Productions will not be a party to, or in any way monitor any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Your use of the site and any materials provided through the site are entirely at your own risk.
LIMITATION OF LIABILITY
Your sole and exclusive remedy for dissatisfaction with the site or materials or any linked site is to stop using the site, materials, or linked site, as applicable. The maximum liability of Touchstone Productions, and your sole and exclusive remedy, for all damages, losses suffered by you and causes of action, whether in contract, tort (including, without limitation, negligence) or otherwise, shall be the total amount paid by you, if any, to access the site.
© 2011 Touchstone Productions. All rights reserved.