RED THUMB NATURAL WINES
GENERAL TERMS OF SERVICE
UPDATED: October 27, 2020
IMPORTANT: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT USE THIS WEBSITE OR ANY OF THE GOODS, PRODUCTS, SERVICES, CONTENT, FEATURES AND FUNCTIONALITY AVAILABLE THROUGH IT. BY USING THIS WEBSITE AND/OR ANY OF THE AVAILABLE GOODS, PRODUCTS, SERVICES, CONTENT, FEATURES OR FUNCTIONALITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO CONSENT TO THESE TERMS IN THEIR ENTIRETY AND YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND FULLY ACCEPT AND AGREE TO ALL OF THESE TERMS. PLEASE PRINT AND KEEP A PAPER COPY AND/OR RETAIN AN ELECTRONIC COPY OF THESE TERMS FOR YOUR RECORDS.
Red Thumb is not responsible if information made available on this Site is not accurate, complete or current. The material on this Site are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Prices for Red Thumb’s goods, products and/or services are subject to change without notice. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but Red Thumb has no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to the Site.
As required by the Communications Decency Act of 1996, Red Thumb hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to the Site and Services that may be harmful to minors. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. Red Thumb does not sponsor or endorse any of these companies or their services.
- User Obligations.
Red Thumb does not sell alcohol to persons under the age of 21. By using this Site and Services you swear and affirm that you are over the age of 21. Red Thumb makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this Site and Services you are acknowledging that the person receiving a shipment of alcoholic beverages from Red Thumb is over the age of 21. You also agree that any alcohol purchased from Red Thumb is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this Site or Services. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21, Red Thumb will prosecute you fully to the extent allowable by law.
You agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the Site and Services. You may not use Red Thumb’s goods, products or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the TOS will result in an immediate termination of your Services. You also acknowledge and agree that your use of the Internet and access to the Site is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Red Thumb is not responsible for the security of any information transmitted to or from the Site. Red Thumb reserves the right to prohibit or terminate use of or access to the Site at any time, without notice, for any reason whatsoever.
Red Thumb reserves the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
- License Grant.
This TOS provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Site conditioned on your continued compliance with these TOS. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
Red Thumb reserves the right to change or discontinue, temporarily or permanently, the Site or Services (or any part thereof) with or without notice at any time. You agree that Red Thumb, its agents, affiliates, and subsidiaries shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Site or Services.
- Prohibited Activities.
The Site and the Services are not intended for children under the age of 21 and those persons under 21 should not use the Site or the Services. You acknowledge and agree that the Site and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of Red Thumb, or its content providers. Unless otherwise specified in writing, the Services are for your personal and non-commercial use. In connection with your use of the Site and/or the Services, you acknowledge and agree that you will not: (i) copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, goods, products or services obtained through the Site or the Services; (ii) access the Site or Services by any means other than through the standard industry-accepted or Red Thumb-provided interfaces; (iii) post or transmit any material that contains a virus or corrupted data; (iv) delete any author attributions, legal notices or proprietary designations or labels; (v) violate any applicable local, state, national or international law, rule or regulation or use the Site and/or the Services for any purpose that is prohibited by these TOS; (vi) manipulate or otherwise display the Site and/or the Services by using framing or similar navigational technology; (vii) register, subscribe or unsubscribe any party for any Red Thumb good, product or service if you are not expressly authorized by such party to do so; (viii) use the Site or the Services in any manner that could damage, disable, overburden or impair Red Thumb’s servers or networks, or interfere with any other user’s use and enjoyment of the Site and/or the Services; (ix) gain or attempt to gain unauthorized access to any of the Site, Services, accounts, computer systems or networks connected to Red Thumb through hacking, password mining or any other means; (x) Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Services or harvest or otherwise collect information about other users without their consent; and (xi) use the Site in any manner that could damage, disparage, or otherwise negatively impact Red Thumb or its parent companies, affiliates and/or subsidiaries. In addition, you agree to comply with Red Thumb’s Posting Guidelines below. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, GOODS, PRODUCTS, INFORMATION OR MATERIALS PROVIDED BY RED THUMB TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
- Message Boards, Product Reviews, Chat Rooms, Submissions and Posting Guidelines.
Red Thumb may host message boards, chats, product review mechanisms and other public forums on its Site and through the Services. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers of the Site. These are public forums and any information that you post on the Site or through the Services may be seen by anyone on the Internet. Any user will have the ability to edit or delete his/her own posts after posting. When posting information on the Site or through the Services, use good taste when discussing sensitive topics. Both users and moderators are required to treat others with respect and honesty. Be fair and informative. Post honest and valuable information and don’t post rumors or negative opinions that are not supported by facts.
In addition to the prohibited activities described above, when posting information and media on the Site or through the Services you must not:
- Post anything that interferes with or disrupts the Site or the operation thereof, including files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network or the Site;
- Post statements or materials that are libelous or defame, harass, abuse, stalk, threaten, intimidate or in any way infringe on the rights of others;
- Post statements or materials that violate other contractual or fiduciary rights, duties or agreements;
- Post or upload personal information, pictures, videos or any other media of another person without their express permission;
- Delete or revise any material posted by any other person or entity;
- Post statements or materials that are bigoted, hateful, racially offensive, vulgar, obscene, pornographic, profane, or otherwise objectionable, including language or images that typically would not be considered socially or professionally responsible or appropriate in person;
- Post statements or materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
- Post statements or materials that in any way harm minors;
- Post statements or materials that impersonate any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Red Thumb;
- Post statements or materials that misrepresent your affiliation with any entity and/or Red Thumb;
- Post anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or any trade secrets or information for which you have any obligation of confidentiality;
- Post statements or materials that constitute junk mail, spam or unauthorized advertising or promotional materials, including, without limitation, links to commercial products or services or any political campaigning;
- Post material that in the sole judgment of Red Thumb is objectionable or restricts or inhibits any person or entity from using or enjoying any interactive features or other portions of the Site, or which may expose Red Thumb or its users to harm or liability of any nature; or
- Post material that infringes, or that may infringe, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available, without the express permission of the owner of the copyright, trademark or other proprietary right. Red Thumb does not have any express burden of responsibility to provide any user with indications, markings or anything else that may aid any user in determining whether the material in question is copyrighted or trademarked. Users shall be solely liable for any damage resulting for infringements of copyrights, trademarks, proprietary rights or any other harm resulting from such submission.
Any user failing to comply with these guidelines may be expelled from and refused continued access to the message boards, chats, product reviews, or other public forums in the future. Red Thumb or its designated agents may remove or alter any user-created content at any time for any reason. Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations. Red Thumb expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor is Red Thumb responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will Red Thumb, or its licensors, affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Red Thumb, its licensors or any of their subsidiaries or affiliates. Red Thumb and its licensors have no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums. However, you acknowledge and agree that Red Thumb reserves the right to monitor the same at its sole discretion. Red Thumb reserves the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect itself, its clients, sponsors, users and visitors. In addition, Red Thumb reserves the right to contact users to inform them of policies, hide users’ posts or delete users’ accounts without warning or notice in advance, for any reason, including but not limited to the violation of these terms.
Solicited submissions: From time to time, Red Thumb may invite you to submit to Red Thumb audio and/or video material for inclusion on the Site and/or Service and/or other activities promoted by Red Thumb on the Site and/or Service, or enter certain contests Red Thumb may sponsor, or submit comments and/or ideas to Red Thumb (“Submissions”). You may only submit these Submissions to Red Thumb when specifically invited to do so by Red Thumb. These solicited Submissions may be subject to further terms, conditions and restrictions. Submissions for the Site and/or Service provided through third party websites are also subject to specific terms, conditions and restrictions. If Red Thumb does request that you send Red Thumb Submissions, these Submissions will be deemed User Content (defined below). By submitting any Submission, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Red Thumb under any fiduciary or other obligation, that Red Thumb is free to disclose the Submission on a non-confidential basis to anyone or otherwise use the Submission without any additional compensation to you. You acknowledge that, by acceptance of your Submission, Red Thumb does not waive any rights to use similar or related ideas previously known to Red Thumb, or developed by its employees, or obtained from sources other than you.
Unsolicited submissions: Other than those Red Thumb specifically requests, Red Thumb does not accept or consider unsolicited creative materials, ideas or suggestions either via the website, email or other means. This is to avoid any misunderstandings if your ideas are similar to those Red Thumb has developed or obtained independently.
By sending or transmitting to Red Thumb content, images, video, audio files, creative suggestions, ideas, notes, concepts, information or other materials (collectively, “User Content”), or by posting such User Content on the Site, you hereby grant to Red Thumb and its designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, modify, create derivative works of, publicly perform, publicly display, digitally perform, sell, offer for sale and import such User Content in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you. The foregoing license to Red Thumb shall be fully paid-up and royalty free. You represent and warrant that any person or entity named or pictured in such User Content has provided any necessary licenses, rights or authorizations to allow Red Thumb’s use of such User Content in accordance with such license. None of the User Content disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution or otherwise.
- Commercial Transactions.
Certain goods, products or services will be offered for sale on the Site or through the Services. In addition, certain goods, products or services may be available exclusively online through the Site. These goods, products or services may have limited quantities and are subject to return or exchange only according to our return policy. Red Thumb has made every effort to display as accurately as possible the colors and images of our goods and products that appear at the Site’s store. Red Thumb cannot guarantee that your computer monitor’s display of any color will be accurate. Red Thumb reserves the right, but are not obligated, to limit the sales of its goods, products or services to any person, geographic region or jurisdiction. Red Thumb may exercise this right on a case-by-case basis. Red Thumb reserves the right to limit the quantities of any goods, products or services that it offers. All descriptions of goods, products or product pricing are subject to change at anytime without notice, at the sole discretion of Red Thumb. Red Thumb reserves the right to discontinue any good, product or service at any time. Any offer for any good, product or service made on this Site is void where prohibited. Red Thumb does not warrant that the quality of any goods, products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. In the event you wish to purchase or to subscribe for any of these goods, products or services, you will be asked by Red Thumb or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide Red Thumb or such third party with the foregoing information as well as any other mandatory information. You agree that any such information provided shall be accurate, complete and current. You agree to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the good, product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. By providing Red Thumb with your credit card number and associated payment information, you agree that Red Thumb and/or its third party service providers are authorized to immediately invoice your account for all fees and charges due and payable to Red Thumb as a result of your order, including but not limited to service fees, subscription fees or any other fee or charge associated with your access to the Services and/or purchase of goods, products and/or services. In the event that access to an applicable Service requires a recurring payment, you agree that Red Thumb (or its third party payment service provider) may automatically invoice your account at the beginning of each recurring period. Red Thumb reserves the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the applicable Site or such other means as Red Thumb may deem appropriate from time to time (including electronic mail or conventional mail). You agree to immediately notify Red Thumb of any change in your billing address or the credit card used for payment hereunder. Your right to use a paid service or a specific good or product is conditional upon Red Thumb’s receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, Red Thumb reserves the right to either suspend or terminate your access and account. You agree that in the event Red Thumb is unable to collect the fees you owe Red Thumb it for the goods, products or services specified in your order, Red Thumb may take any other steps it deems necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by Red Thumb in connection with such collection activity, including collection fees, interest, court costs and attorneys’ fees. Red Thumb reserves the right to refuse any order you place with Red Thumb. Red Thumb may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that Red Thumb makes a change to or cancel an order, Red Thumb may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. Red Thumb reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. To review the billing terms on your account or to terminate a subscription service (if offered), you may email firstname.lastname@example.org.
- Errors and Risk of Loss
If a good, product or service is listed incorrectly (e.g. price or description) for any reason, Red Thumb reserves the right to refuse or cancel any orders that may have been placed for such a good, product or service listed. If your credit card has already been charged for such an erroneous purchase, Red Thumb will issue a credit to your card for the full amount.
Title to, and ownership of, all wine passes from Red Thumb to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for shipping it from the warehouse to his/her home state. By arranging for transportation of the wine, Red Thumb is providing a service to, and acting on behalf of you, the purchaser. By utilizing this service from Red Thumb, you are representing that you are acting in a fashion compliant with your local and state laws regarding the purchase, transportation and delivery of wine. You hereby represent that you have obtained any required permission, paid any required fees, are working through properly licensed intermediaries where required, are legally entitled to take possession of wine and are legally entitled to take quantities ordered and once again authorizes that you are 21 years of age.
- Return Policy
If you receive your wine and it has been damaged during shipment, please email us at email@example.com within 3 days of receiving the shipment. Include a description of the damages and include pictures if possible. This information is extremely helpful to us in making sure that our products are packaged and shipped properly. We will arrange for the damaged products to be replaced.
For more information regarding Red Thumb’s return, exchange and cancellation policies, please visit the Red Thumb return policy page on the Site or email firstname.lastname@example.org.
- Third Party Content.
Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through the Site by third parties, including information providers, are those of the respective authors or distributors and not Red Thumb. Neither Red Thumb, its licensors nor any third-party content providers guarantee the accuracy, completeness or usefulness of any content. Furthermore, neither Red Thumb nor its licensors endorse or are responsible for the accuracy and reliability of any opinion, advice or statement made on any of the Site or Services by anyone other than an authorized Red Thumb or licensor representative while acting in his/her official capacity. You may be exposed through the Site or Services to content that violates Red Thumb’s policies, or may be otherwise offensive. You access the Site and Services at your own risk. Red Thumb takes no responsibility for your exposure to third party content on the Site or the Services. Red Thumb and its licensors do not assume, and expressly disclaim, any obligation to obtain and include any information other than that provided to it by its third party sources. It should be understood that Red Thumb does not advocate the use of any good, product or procedure described in the Site or through the Services, nor is Red Thumb responsible for misuse of a good, product or procedure due to typographical error.
- Sweepstakes, Contests and Games.
If Red Thumb conducts a sweepstakes, giveaway, contest, or game on the Site, the rules governing any of the foregoing shall be accessible through a hypertext link prominently displayed on the page where the sweepstakes, giveaway, contest or game may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.
- Accounts, Passwords and Security.
If the Site or any of the Services require you to open an account, you must complete the registration process by providing Red Thumb with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to Red Thumb which is untrue, inaccurate, not current or incomplete, Red Thumb reserves the right to terminate your access and use of the Site and/or the Services. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Red Thumb immediately of any unauthorized use of your account or any other breach of security. Neither Red Thumb nor its licensors will be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by Red Thumb, its licensors or another party due to someone else using your account or password.
- Linking to the Site.
Red Thumb reserves the right to disallow you to link to the Site at any time in its sole discretion. If Red Thumb exercises such right, you agree to immediately remove and disable any and all of your links to the Site. In the absence of a written agreement with Red Thumb specifying how you may link to the Site, use the following guidelines for adding one or more links to the Site from your website:
- The link must be a text-only link that clearly includes the URL of the applicable Site;
- The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Red Thumb’s good name and trademarks;
- The appearance, position and other aspects of the link may not create the false impression that an entity is associated with, sponsored by, or endorsed by Red Thumb;
- The link, when activated by a user, must display the Site full-screen and not within a “frame” on the linking website and linking may not trigger any interstitial or pop-up or pop-under windows; and
- The link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory or otherwise malicious.
- Disclaimer Regarding Linked Third Party Sites.
The links on the Site and/or any of the Services will let you leave the particular Sites or Service you are accessing in order to access a linked third party site (the “Linked Sites”). Red Thumb provides these links as a convenience, but Red Thumb neither controls nor endorses these Linked Sites, nor has Red Thumb reviewed or approved the content which appears on the Linked Sites. Red Thumb is not responsible for the legality, accuracy or appropriateness of any content, advertising, goods, products, services or other materials on or available from any Linked Sites. You acknowledge and agree that Red Thumb shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.
- Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through the Site and Services, including, without limitation, advertisers and other users, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Red Thumb shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
- Disclaimer of Warranties.
THE SITE AND THE SERVICES, AND ANY GOODS, PRODUCTS, CONTENT, TOOLS, OR SERVICES SOLD, OFFERED, DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RED THUMB, ITS LICENSORS AND THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT OR EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND/OR GOODS, PRODUCTS OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION ON THE SITE IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SITES OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE GOODS, PRODUCTS, SERVICES, SITES AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. RED THUMB MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE GOODS, PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON ANY SUCH GOODS, PRODUCTS OR SERVICES WITH REGARD TO THE CONTENT CONTAINED ON THE SITE OR THROUGH THE SERVICES.
- Limitation of Liability.
NEITHER RED THUMB NOR ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITE AND/OR THE SERVICES, OR ANY GOODS, PRODUCTS OR SERVICES OFFERED OR SOLD THEREON; (ii) ANY CONTENT CONTAINED ON THE SITE AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE AND/OR THE SERVICES, OR ANY GOODS, PRODUCTS OR SERVICES OFFERED OR SOLD THEREON; (iv) ANY GOOD, PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE AND/OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE AND/OR SERVICES, OR ANY GOODS, PRODUCTS OR SERVICES OFFERED OR SOLD THEREON; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE AND/OR SERVICES, OR ANY GOODS, PRODUCTS OR SERVICES OFFERED OR SOLD THEREON; OR (vii) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE SERVICES, OR ANY GOODS, PRODUCTS OR SERVICES OFFERED OR SOLD THEREON. IN NO EVENT SHALL THE TOTAL LIABILITY OF RED THUMB OR ITS LICENSORS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR PURCHASING ANY GOODS, PRODUCTS OR SERVICES AND/OR USING THE SITE AND/OR ANY OF THE SERVICES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Red Thumb may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of Red Thumb’s liability will be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold Red Thumb and its respective licensors, subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of these TOS; (ii) any allegation that any Submission Materials infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and (iii) your access or use of the Site or any of the Services.
- Copyright Policy.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Red Thumb infringe your copyright, you or your agent may send to Red Thumb a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Red Thumb actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Red Thumb a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Red Thumb’s Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of where the material that you claim is infringing is located on the Site or Service reasonably sufficient to permit Red Thumb to locate the material;
- Information reasonably sufficient to permit Red Thumb to contact you, such as your address, telephone number and, if available, your email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Red Thumb’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: Designated Agent: email@example.com. Red Thumb suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
- Jurisdictional Issues.
Red Thumb makes no representation or warranty that the goods, products, services, content and materials on the Site or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Site or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Red Thumb reserves the right, at any time in its sole discretion, to limit the availability and accessibility of the Site or the Services or any goods, products or services offered or sold thereon to any person, geographic area or jurisdiction Red Thumb so desires, and to limit the quantities of any such service, goods or products that Red Thumb may provide.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These TOS are effective unless and until terminated by either you or Red Thumb. You may terminate these TOS at any time by notifying Red Thumb that you no longer wish to use Red Thumb’s Services, or when you cease using the Site. If in Red Thumb’s sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these TOS, Red Thumb also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to Red Thumb’s Services (or any part thereof). You agree that Red Thumb, in its sole discretion, may terminate your password, account (in whole or in part) or use of the Site or Services, and remove and discard any content within the Site or Services, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you.
- Governing Law.
These TOS and the relationship between you and Red Thumb shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Any dispute or claim relating in any way to your use of any Red Thumb Site or Services, or to any goods, products or services thereof will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these TOS as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Red Thumb at firstname.lastname@example.org. The arbitration will be conducted in Los Angeles, California by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
- Waiver and Severability.
The failure of Red Thumb to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions.
- Successors and Assigns.
Red Thumb may perform any of its obligations or exercise any of its rights under this TOS through one or more of its corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with Red Thumb). If Red Thumb or its assets are acquired by another entity, that entity will assume Red Thumb’s rights and obligations as described in this TOS. You may not assign your rights or obligations under this TOS, by operation of law or otherwise, without Red Thumb’s prior written consent.
Red Thumb may modify these TOS at any time, as it deems appropriate. If you disagree with the changes to the TOS, you must discontinue your use of the Site and Services, and if you have registered as a member, cancel your registration. Your continued access or use of any of the Site or Services following such notice signifies your acceptance of the modified TOS. It is your responsibility to review the TOS regularly to be aware of such modifications. Red Thumb reserves the right to modify or discontinue the Site or Services with or without notice. Red Thumb will not be liable to you or any third party should Red Thumb exercise its right to modify or discontinue the Site or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and acceptance of the Site or Services as so modified and your use of new Services will be governed by these TOS.
- Entire Agreement.
These Terms of Service and any policies or operating rules posted by Red Thumb on this site or in respect to the Services constitutes the entire agreement and understanding between you and Red Thumb and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Red Thumb (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.