TERMS & CONDITIONS
Please read the following Terms & Conditions carefully
- Parties. RedEx Media LLC (“RedEx,” “Company,” “we,” “us,” or “our”) is an Arizona limited liability company that provides a range of products and services, including but not limited to owning and operating the website www.redexmedia.com (the “Site”). Any individual who accesses the Site via the World Wide Web or any other means is referred to as a “Guest” of the Site. Any Guest who registers for a User Account (as defined below) or who receives Services (as defined below) via the Site is referred to as a “User” of the Site.
- Purpose. The Company, via the Site, provides Users with Site Services (as defined below). The Company, via the Site, also provides Users with virtual, digital access to talent (“Talent”) for the purposes of receiving Talent Services (as defined below) from Talent.
- Attachment. By registering for a User Account (as defined below) or by receiving Services (as defined below) via the Site you agree to be bound by this Agreement.
- Term. The provisions of this Agreement will remain in effect indefinitely.
- Termination. The provisions of Section 2.3 notwithstanding, this Agreement will remain in effect with respect to any User until the User cancels their User Account (as defined below) or until their User Account (as defined below) is terminated.
- Entire Agreement. This Agreement comprises the entire agreement between the Company and Users, superseding any prior agreements between the Company or its predecessors, successors, employees, agents, licensees, delegatees, or assignees, and any User.
- Changes. The Company may, from time to time, change the Agreement, including with respect to the provision of Services (as defined below) to Users. Users agree to review the Agreement and the relevant rules and regulations periodically and to be updated of such changes. In case a User do not wish to remain an User due to a change in the Agreement or the relevant rules and regulations, a User may Terminate (as defined below) their User Account (as defined below) with the Company (as provided below). Your continued receipt of any Site Services (as defined below) or Talent Services (as defined below) following any change to the Agreement or the relevant rules and regulations, constitutes your acceptance of all such changes.
- Amendments. Individual Users may be subject to additional rules and regulations depending on their locale, their use of specific features on the Site, or their receipt of specific Services via the Site. The Company shall vigorously enforce all applicable rules and ensure compliance with all applicable regulations with respect to each User.
- Generally. “Services” include both Site Services (as defined below) and Talent Services (as defined below).
- Site Services.
- Generally. The Site is a digital communications platform that utilizes voice, text messages, picture messages, and video messages and is not intended to develop relationships outside of the Site. Bypassing our billing system and/or transferring money outside of the Site is strictly forbidden. Talent is forbidden from sharing with you any contact information outside of the Site.
- Initiation of Talent Services. Users can, after locating the Talent Profile from whom they wish to receive Talent Services (as defined below), opt-in to access the unique, proprietary phone number (“Phone Number”) of their selected Talent. Users can initiate contact with their selected Talent and receive Talent Services (as defined below) via that Phone Number or on the Site.
- Generally. Services provided to Users by Talent (“Talent Services”) include but are not limited to: receiving SMS or MMS messages (“User Messages”) directly from Users, sending SMS or MMS messages (“Talent Messages”) directly to Users, and receiving phone calls from Users (“User Calls”).
- Payment. Users must submit payment information to send outgoing messages to Talent but incoming Talent Services are without charge.
- Rates. Rates for receiving Talent Services are determined jointly by the Company and each respective Talent. Rates for receiving Talent Services may be increased or decreased by the Company and/or by the Talent at any time and without notice to Users.
- Generally. A “User Account” is a User-created record of the User’s personal contact information maintained by the Company for the purposes of providing the User with Services and tracking the User’s behavior and preferences.
- Registration. To register for a User Account, a prospective User must provide a valid email address. A valid mobile phone number is optinoal. A prospective User must also choose an alias and password. A prospective User may not choose an alias that already belongs to another User, an alias that violates a third party’s intellectual property rights, or an alias that is offensive, inappropriate, or that would be potentially misleading to Talent (such as implying that the user is a Celebrity or someone who they are not). A User may not change their alias without the approval of the Company. A phone number validation process is required to connect a phone number to the User Account.
- Certification. By registering for a User Account, a User certifies to the Company that the User has attained the age of majority in their jurisdiction (“Age of Majority”). By registering for a User Account, a User agrees to provide the Company with true, complete and up-to-date information regarding their personal identification and billing information. Any User who provides the Company with information that is not true, complete and up-to-date or that does not belong to them personally shall not be permitted to receive Services from the Site and may be subject to civil and criminal liability.
- Transferability. User Accounts may not be given, sold, donated, or otherwise transferred to any individual who is not the original registrant of the User Account.
- User Code of Conduct. Users are solely and entirely responsible for all activity and behavior conducted via their account on the Site, including the content of User Messages sent via their mobile phone number or from the Site. Users may not:
- Permit any other person to use their User Account;
- Permit any other person to use the mobile phone number associated with their User Account in connection with their User Account;
- Disclose the alias or password associated with their User Account to any other person;
- Restrict or Inhibit any Guest, Talent, person or entity from using the Site or receiving any Services from the Site;
- Use their User Accounts, the Site or any Services provided by the Site for any unlawful purpose;
- Promote or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, racially, ethnically or otherwise objectionable content; including, but not limited to: bestiality, incest, sadomasochism or bondage presented in a sexual context, defecation in conjunction with a sex act, urination in conjunction with a sex act, violence, or any presentation of minors engaged in intimate physical contact or sexual situations, acted or depicted;
- Harass, embarrass, or cause distress, unwanted attention or discomfort to another Guest or Talent or any other person or entity;
- Impersonate any person or entity, including but not limited to a minor or an official representative of the Company;
- Post or transmit, or cause to be posted or transmitted on the Site or pursuant to any of the Talent Services any materials advertising any business other than the Site; or
- Seek to obtain any information from any Guest or Talent, including User Account aliases or passwords, contact information, or financial information.
- Security. Users must promptly inform the Company of any apparent breach of the security of their User Account, such as the loss, theft, or unauthorized disclosure or use of the username or password associated with their User Account.
- Suspension. The Company reserves the right to suspend the privileges of any User Account at any time for any reason, including the violation of the User Code of Conduct. User Accounts that have been suspended may not be used to receive Services from the Site without the prior express written permission of the Company.
- Termination. The Company reserves the right to terminate the privileges of any User Account at any time for any reason, including the violation of the User Code of Conduct. User Accounts that have been terminated may not be used to receive Services from the Site. User Accounts that have been terminated may be deleted by the User associated therewith. If at any time the Company or the Site is terminated or suspended, all User Accounts will be terminated immediately without any prior notifications from the Company. In any such case, Users will remain liable for all outstanding debts associated with their User Accounts, as well as any other debts or liabilities arising under this Agreement.
- Cancellation. A User may cancel their User Account at any time by sending an email to firstname.lastname@example.org via the email address associated with their User Account. Any request to cancel a User Account will be reviewed by the site administrator before cancellation occurs. Users will remain liable for all outstanding debts associated with their cancelled User Accounts, as well as any other debts or liabilities arising under this Agreement.
- Generally. By registering for a User Account, Users agree to receive communications from the Company via email and SMS, including verification emails and text messages, notification emails, commercial emails about the services and products of the Site and its partners, and any email or SMS messages which any Talent has requested that the Company convey to them.
- Spam. The Company shall not send any communications via email to any email address not associated with a User Account on the site. The Company shall not allow any third party to send any sort of promotional emails, solicited or unsolicited, on behalf of the Company or the Site.
- Campaigns. The Company from time to time may engage in marketing campaigns. The Company reserves the right to change any campaign rules at any time, for any reason with no prior notice.
- Guest Acknowledgement. By accessing the Site a Guest is making and attesting to the following statements:
- Under penalty of perjury, I swear/affirm that as of my accessing of the Site or receipt of Services, I am an adult of at least 18 years of age (21 in AL, MS, NE, WY, or the age of majority or 18 (whichever is greater) in any other location where 18 is not the age of majority).
- I promise that I will not permit any person(s) under 18 years of age (21 in AL, MS, NE, WY, or the age of majority or 18 (whichever is greater) in any other location where 18 is not the age of majority) to have access to any of the materials (including any products or features) contained within this Site or its Services.
- I am voluntarily choosing to access the Site or receive its Services because I want to view, read and/or hear the various materials and/or order and enjoy the use of such features, which are available, for my own personal enjoyment, information and/or education.
- Screening. The provisions of Section 7.1 notwithstanding, the Company reserves the right to screen its Talent to confirm their identity before they are allowed to provide Talent Services. The Company further reserves the right to request additional identifying information before, during, or after the Talent has offered Talent Services to Users.
- Removal. The provisions of Section 7.1 notwithstanding, the Company may, at its sole discretion, choose to monitor, censor, or remove any information or content present on or transmitted via the Site at any time at its discretion.
By Talent. If the Company suspects that a Talent has engaged in any Prohibited Activities the Company has the right to withhold any unpaid earnings from the Talent with notice, suspend or terminate the Talent’s account on the Site with notice, and to take any other actions that the Company deems appropriate.
- By Users. If the Company suspects that a User has engaged in any Prohibited Activities the Company has the right to freeze the User’s credit accounts on the Site with notice, suspend or terminate the User’s account on the Site with notice, and to take any other actions that the Company deems appropriate.
- Specifically. “Prohibited Activities” include, but are not limited to:
- Obscenity. Talent and Users are prohibited from violating any law concerning obscenity, including portraying sexual activities involving any person under the age of 18 years of age, rape, incest, torture, bestiality, fisting, necrophilia, any form of child pornography, urination, and/or defecation. Talent are strictly prohibited from using any terms in his or her profile or in chats that violate or would suggest a violation of any obscenity law.
- Prostitution. Talent and Users are prohibited from using the Site to offer or solicit sexual services or favors, whether paid or unpaid.
- Escorting. Talent and Users are prohibited from using the Site to offer or solicit any offline or in-person activities. The Company reserves the right to construe virtual or simulated “in-person experiences” between Talent and Users as actual offline, in-person activities.
- Solicitation of Competitors. Talent and Users are prohibited from soliciting other Talent or Users to use services outside of the Site or for recruiting Talent for services that compete with the Site through their profiles on the Site or their Services to Users.
- Generally. All materials on the Site, including pursuant to the provision of any Talent Services, are proprietary, constitute valuable intellectual property, are copyrighted and are protected under treaty provisions and United States and/or worldwide copyright laws, and may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission from the Company. By submitting content and/or information to any “public area” on the Site, such as forums, message centers and sending Messages you grant the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content and/or the information and/or to incorporate it in other works in any form, media or technology, for the full term of any rights that may exist in such content. In doing so, the Company shall not publish, share, or distribute any of your identifying information.
- Website Name. The name “RedEx Media,” the URL “www.redexmedia.com,” and any other brand names or identifiers present on the Site are the property of the Company and are protected by United States and international trademark law.
- Transmitted Information. The Company reserves all ownership and rights in all of the information and content (in any format whatsoever) present in the Site, used by the Site, or transmitted to or from the Site during the course of the provision of Site Services to Users. All ownership and rights in all of the information and content (in any format whatsoever) present in the Site, used by the Site, or transmitted to or from the Site during the course of the provision of Talent Services to Users are owned by the respective Talent and is subject to any agreement as to ownership thereof between the Company and the Talent). Any content provided by you is hereby licensed by you to the Company pursuant to Section 4(C) below, and you shall have no claims, demands or suits in this respect.
- User Aliases. The Company owns all rights in all aliases associated with all User Accounts on the Site.
Use of Technology. Talent may use their own technology solutions in order to provide Talent Services to Users. Such technology may include cell phones, personal computers, video or audio recording equipment, and any software or peripheral hardware associated therewith. The Company makes no representation as to the reliability of such technology or its suitability for the provision of Talent Services.
- Generally. “Bookmarking” is the act of saving the URL of a web page to a local directory so that it may be retrieved a later time. The use of a Bookmark allows a specific URL to be accessed directly, without passing through any pages that may have been originally been precedent to it.
- By Users. The Site is designed such that a User wishing to visit portions of the Site. Bookmarking may cause Users to bypass links to this Agreement. Users hereby agree that use of such Bookmarks to access URLs within the Site constitutes acceptance of this Agreement.
- Generally. The Company does not charge Users any basic fee to access the Site or receive Site Services. However, the Company requires that Users establish a User Account and to receive Talent Services. The price of credits and/or services is displayed to Users before the purchase thereof. The applicable rates or the methods by which the applicable rates are determined are generally described on the Site.
- Payment. Credits may be purchased by Users solely from the Company through the payment methods offered on the Site. Users may purchase Credit by credit card via a payment gateway or a third-party payment processor such as Epoch.com. Credit card charges processed via third-party payment processors such as Epoch.com are fully secured and guaranteed to ensure User’s absolute privacy and reliability in the amount charged.
- Credit Card Holders. The rights and liabilities of each credit card holder, including with respect to the purchase Credit, is governed by each respective credit card issuer agreement.
- Accumulation. The Company may, at its own discretion, accumulate Users’ charges.
- Fees. The Company is not responsible for any additional service fees associated with the purchase of Credit from a third-party payment processor. The Company is not responsible for any fees associated with accessing the Site or receiving Services therefrom, including charges for internet and domestic and international cell phone usage.
- Promotions. Credit may be distributed to User Accounts upon registration of a User Account or in connection with a promotional event.
- Records. Users may see the 25 most recent records of their usage of Site and Talent Services, including the status of their Credit on their User Account page, purchases of Credit, and debits from their Credit account.
- Disputes. In any case of a dispute with regard to the use of a User’s credit card to purchase Credit, the Company shall be entitled to suspend or terminate that User Account immediately and indefinitely.
- Refunds. At its discretion the Company may issue refunds to Users in extraordinary cases in the form of service credits.
- Expiration. Once associated with a User Account, Credit will remain associated with that account indefinitely unless it is consumed, or the User Account is cancelled or terminated. In case of the cancellation, closure or termination of a User Account for any reason, any outstanding Credit associated with the User Account will immediately expire.
- Fraud. The provisions of Section 10.10 notwithstanding, in the case of a fraudulent purchase of Credit, the Company reserves the right to void such a purchase and terminate any User Accounts associated with the purchase.
Disclaimer of Warranties.
- Generally. The Site and any Services provided thereby are provided “as is”, “with all faults”, “as available”, without warranty of any kind, either express or implied.
- Specific Disclaimers. To the fullest extent possible under applicable law the Company specifically disclaims:
- Any warranties concerning the availability, accuracy, reliability, completeness, capabilities, security, timeliness, usefulness or content of the site and any Talent Services or the ability of the Site or any Talent Services to interoperate or integrate with any third-party products such as software or hardware;
- Any warranties resulting from a course of dealing or usage of trade;
- Any warranties with regard to the accuracy or completeness of or errors in the contents or functioning of or the accuracy of the results or output that derives from the use of the Site or any Talent Services
- Any warranties of merchantability or fitness for a particular purpose; and
- Any warranties regarding the rights and title of the Company in the Site and any Talent Services, or any warranty that the Site or any Talent Services do not infringe the intellectual property rights of any third party.
Limitation of Liability.
- Disclaimer. In no event will the Company or its affiliates or suppliers or the officers, directors, employees, shareholders, agents, representatives, licensors, successors or assigns of the Company or its affiliates or suppliers be liable to any User or to any third party whatsoever for any damage, including, but not limited to, indirect, direct, special, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, or loss, or vandalism or theft of programs or information, and any other kind of damage), or any other damages arising in connection with or in any way out of the availability or use of, reliance on, or inability to use, the Site or any Talent Services, even if the Company or any Talent were advised of the possibility of such damage, and regardless of the form of action whether in contract, tort, equity or otherwise.
- Remedy. If at any time a User becomes dissatisfied with the Site or any of its Services or develops any dispute with the Company or any Talent in connection with the provision of Services or the terms of this Agreement, that User’s sole and exclusive remedy under this Agreement is to stop using the Site and to stop receiving its Services.
Third Party Links and Products.
- Generally. The Company reserves the right to provide Users with links to third-party websites or offers for the products and services of third parties through or in connection with the Site or its Services.
- Disclaimer of Responsibility. The Company has no control over sites, products, or services of any third party. The Company is not responsible for and does not endorse the content of third party sites, the products or services offered by third parties, or the policies or practices of third parties. The Company is not responsible for the availability or quality of the sites, products, or services of third parties.
Geographic Restrictions. The Site and its Services may not be accessed, viewed, downloaded or otherwise received in any country or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom. The provisions of Section 14.1 notwithstanding, the Company reserves the right to restrict or deny access to the site to Guests or Users in any country or location at any time at its sole discretion and shall not be held liable in any way by any guest (including in connection with loss of credits) in such respect.
Indemnification. Users shall indemnify and hold the Company, the owners and operators of the Company and the Site as well as their officers, directors and employees harmless, against any and all expenses and/or losses, including reasonable attorney fees, incurred by the Company in connection with any claims of any kind, that result directly or indirectly from your activities in connection with the Company including without limitation on the Site or via the Talent Services. Such claims shall include, without limitation, claims in respect of any violation of law in any Messages.
Notices. Notices by the Company to you may be given by means of electronic messages through the Site, by a general posting on the Site, or by conventional email. Notices by you to the Company may be given by electronic messages, conventional mail, telephone or fax unless otherwise specified in these Terms and Conditions.
Severability. To the extent that a court of competent jurisdiction determines that any specific term or terms of these Terms and Conditions is/are unenforceable, the other terms of these Terms and Conditions will continue in full force and effect.
Waiver. No employee, agent or representative, including without limitation any customer service representative or Talent, of the Company shall be entitled to waive any term of these Terms & Conditions on behalf of the Company.
Headers. Headers of sections in these Terms & Conditions are included for convenience only and shall not be used to interpret these Terms & Conditions.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to the principles thereof relating to conflict of laws.
Attorney’s Fees. The prevailing party to any dispute arising under this Agreement shall be entitled to collect its attorney’s fees and costs relating to said dispute.