Support: (+1) 800-794-1169 - Email: support@itouchusa.com

Terms of Service

Terms of Service

Overview

This Agreement governs the relationship between you and iTouch Games, LLC, and sets forth the terms of service for your use of www.itouchusa.com or any subsequent or related URL and related services, software, features, or functionality made available on, through, or with the Site.

 By accessing the Site or purchasing anything from us, you engage in our  Services,  and expressly accept the terms and conditions set out herein (“Terms of Service; Terms”) and agree to comply with any Policies referenced herein or available by hyperlink posted from time to time. 

 These terms of service apply to all users of this site, including and without limitation to browsers, vendors, customers, merchants, or content contributors. If you do not accept these Terms, do not access or use the Site or Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to alter, adapt and post additional rules, codes, terms, and other policies from time to time that you must follow and that are included in this Agreement by reference (“Policies”). We may change our Terms and Policies at any time by posting the changes to the Site. You agree to check for changes routinely. Using the Site or Services after any changes are posted means you have accepted those changes. If any changes unacceptable to you, you should immediately stop using the Site and Services and cancel your account.

Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

Your Representations

By agreeing to these Terms of Service, 

You represent (1) that you are at or above the statutorily imposed age of majority in your state or province of residence. 

(2) That you have the legal capacity or necessary permission from your parent or guardian to accept these terms. 

(3) That you are not barred from receiving the services under the United States laws or other applicable jurisdiction laws.

 User Conduct

You must follow these Terms and all posted Policies at all times. You may not use or attempt to use the Site or Services in any way that is unlawful or harms or is likely to hurt anyone. You are also expected to follow basic community etiquette rules and exercise common sense and courtesy when using the Site and Services.

Failure to act according may result in suspension or termination of your Account. We may take any action we deem necessary to enforce these Terms or discourage or punish any violation without prior notice or warning. The determination as to whether or not any action or penalty is necessary remains solely within iTouch Games exclusive discretion, and you agree our decision will bound you concerning.

We can not assure that other users are complying with the above examples or any other provisions of these Terms, and you assume all risk of harm or injury resulting from any such lack of compliance. Unless otherwise specified, there is no requirement or expectation that iTouch Games will monitor or record any online activity on the Site, including communications. iTouch Games reserves the right to access or record any online activity with respect to the Site or Services. You give iTouch Games your express consent to access and record your activities, including communications.

Further, By accepting this agreement, you agree to abide by and engage in legal and ethical conduct at all times. You are strictly forbidden from using our products to actualize any illegalities or unauthorized purposes; not may you, in the use of the Service, violate any laws in your jurisdiction. (Including but not limited to copyright laws.)

NOTE:  Photos used on our site - for video game console listings - are original and are subject to copyright and cannot be reused.


Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Site and Services for your individual and personal use subject to these Terms. You are granted no other rights in or to the intellectual property of iTouch Games or any other party. All other rights, title, and interest concerning the Site and Services not explicitly granted in these terms, and all copyright, patent, trademark, trade secret, and other similar proprietary or property rights and interests are reserved

Section 2  General conditions

AT ITS SOLE DISCRETION, RETROLIO GAMES MAY LIMIT, MODIFY, OR TERMINATE YOUR ACCOUNT FOR FAILING TO COMPLY WITH ANY OF THESE TERMS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICES, WITH OR WITHOUT NOTICE TO YOU. We may also terminate your account at any time, with or without reason, by sending a prior email notice to the email address associated with your account.

We reserve the right to refuse service to anyone for any reason at any time.
You agree 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 permission given in writing by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Your right to use the Services

Subject to these Terms, we grant you a non-exclusive, non-sublicensable, personal, non-transferable, revocable, limited license to access and use the Services for your purposes. You agree not to use the Services for any other purpose.

We will not be liable to you in certain circumstances. Still, it

We do not guarantee that the Services will always be available or be uninterrupted, timely, secure, or free from bugs, viruses, errors, or omissions. For example, there may be times when the Services are unavailable due to maintenance or technical problems. We may also change, suspend or discontinue certain Services – we will always try and give you notice of this, but it may not be possible in all cases (for example, for reasons beyond our control, or if there is an emergency security issue).

We will not be liable for any loss or damage that you suffer due to any Service(s) becoming temporarily or permanently unavailable.

We are not responsible for the following types of loss or damage which may arise from your use of the Services:

  • damage to your computer system or loss of data (whether due to a virus or other malicious software or not), except where this is caused by us not using reasonable care and skill;
  • loss, damage, or upset that you suffer as a consequence of the actions of another user;
  • any loss or damage if the Services are not provided to you, or are interrupted or suspended, or if we do not comply with the Terms because of events beyond our control, such as an act of God, accident, fire, lockout, strike, or other official or unofficial labor dispute, civil commotion or other action or event beyond our reasonable control; or
  • loss or damage, which neither of us could have reasonably anticipated or expected when you started using the Services. For example, this includes any indirect or indirect loss or damages, which is a side effect of the principal loss or damage, such as loss of revenue or salary, or loss of profit, opportunity, or reputation.

Nothing in the Terms excludes or limits our liability for death or personal injury caused by negligence or for fraud. We do not make any statement, guarantee, or promise regarding the Services not set out in these Terms, including, without limitation, any statements made by third parties, such as third-party advertisers.

We will take reasonable steps to ensure that our Services are free from viruses and other malicious software, but we also recommend using appropriate anti-virus software.


SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

ALL MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Any information posted on this Site could include technical or other mistakes or inaccuracies. iTouch games disclaim all warranties and make no representations regarding the quality, accuracy, completeness, or suitability of the materials on this or any other website. It disclaims any duty to keep this information current or accurate. iTouch LLC shall have the right and work diligently to promptly remove content that may violate this agreement or any rules posted here. iTouch may change any information on this Site or any product or service described on this Site, including functionality or performance thereof, any time without notice.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

We maintain absolute discretion of changing the Prices of our products without notice.
We reserve the right Services’ sales modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. According to our Return Policy, these products or services may have limited quantities and are subject to return or exchange only.
We have made every effort to display the colors and images of our products that appear at the store as accurately as possible. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right but are not obligated to limit our products or Services’ sales to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any 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.

SECTION 6 Fees And Purchase Terms

 Services require payment of a fee. You must have a current and active Account and pay applicable fees using an accepted payment method. If your payment use is subject to use or sales tax, we may also charge you for any such taxes and the other fees. ALL FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR PART. You must provide current, complete, and accurate payment information at all times. You are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account.

You may pay fees using any authorized payment methods made available by or through the Site, and payment methods may vary. Authorized third-parties may process payments as applicable, and you must agree to the terms and conditions applicable to each payment method you choose.

iTouch Games may change its fees and payment methods from time to time. If any change is unacceptable to you, you may cancel your account at any time. We will not refund any fees accrued to your account before such cancellation, and we will not pro-rate fees for any charges.

For more detail, please review our Returns Policy

SECTION 7 - OPTIONAL TOOLS

Our system contains links to other sites. iTouch games do not control or endorse those sites by linking to them. You are solely responsible for your use of those sites.

In the future, we may also offer new services or features through the website (including the release of new tools and resources). Such new features and uses shall also be subject to these Terms of Service.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSION (UGC)

Portions of the Site and Services may offer a platform or act as a forum for content submissions from users or other user-generated content (“UGC”). UGC includes any data, information, materials, or other similar content submitted by a Site or Services user in any form, context, or medium to or through the Site or Services. UGC may include player names and any forum posts, chat posts, online messages, or other similar social media materials that appeared on or emanating from Services. iTouch Games LLC is not responsible for any statements, representations, or omissions made through or in UGC. Any opinions, advice, purported facts, recommendations, or other UGC expressions are those of the contributors who make them, and not those of iTouch Games, and we do not endorse such expressions.

When you submit UGC, you expressly grant to iTouch Games and its licensors a worldwide, perpetual, irrevocable, fully-transferable, sub-licensable, royalty-free license and right to use, create derivative works from, and distribute the content, or any portion thereof, in any manner or form and any medium or forum for any purpose at our discretion, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You further waive and agree not to assert any moral or similar rights you may have in such content.

If the Services through which you submit UGC enable other users to access or use your submission as part of the Services, then you grant all other users of the applicable Services the right, subject to these Terms, to use, create derivative works from, and distribute such content on or through the relevant or applicable Services without further notice, attribution or compensation to you.

You are solely responsible for all UGC you submit. You may not submit content that infringes the copyright, moral rights, trademark, intellectual property rights, proprietary rights, or other similar rights of a third party. You may not submit content that violates the law, these Terms, or any third party’s rights, including rights of privacy or publicity. You must only submit content that you are authorized or have a legal right to contribute by the owner or applicable law.

UGC is not confidential and may become publicly available through the Site and applicable Services. You may be exposed to content that you find objectionable. You agree that you use the Site and Services at your own risk. We are not responsible for any UGC submission. We do not pre-screen all content and do not endorse or approve any content you and other users may contribute. As a matter of policy, iTouch Games LLC does not necessarily monitor or moderate UGC. Still, we reserve the right, without obligation, to monitor, moderate, block, reject, remove, move, disable, modify or otherwise similarly manage any content at our discretion. We, without prior notice to you and in our sole judgment, remove UGC. Your Account may be terminated as the result of the content you submit. To the maximum extent permitted by applicable law, iTouch Games LLC does not assume any responsibility or liability for UGC, the removal of, or failure to or delay in removing any content.

SECTION 10 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 11 Disclaimer Of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF SITE, SERVICES, SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. OUR SITE, SERVICES, AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW).

WE MAKE NO WARRANTY ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF THE SITE, SERVICES, SOFTWARE, OR CONTENT. WE MAKE NO WARRANTY THAT THE SITE, SERVICES SOFTWARE OR CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING.

SECTION 12 – LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY, RESULTING FROM, RELATED TO OR IN ANY WAY WHATSOEVER ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, SERVICES, SOFTWARE, CONDUCT, INCLUDING G UGC FROM ANY THIRD PARTY, OR ANY OTHER MATTER RELATING TO THESE TERMS UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND UNDER NOT CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)

YOU AGREE NOT TO SEEK TO HOLD US AND WE SHALL NOT BE HELD LIABLE FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE, CONTENT CONTRIBUTORS, AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE PRECEDING RESTS ENTIRELY WITH YOU.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR MORE THAN THE GREATER OF $200.00 OR THE AMOUNT YOU HAVE PAID TO US IN THE LAST ONE HUNDRED AND SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERTED ANY SUCH CLAIM. IF YOU HAVE NOT PAID US ANY AMOUNTS DURING SUCH PERIOD, THEN THE SOLE AND EXCLUSIVE REMEDY FOR YOU FOR ANY DISPUTE WITH US IS TO STOP USING THE SITE AND SERVICES AND TO CANCEL YOUR ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU.

SECTION 14 INDEMNIFICATION 

At our request, you agree to defend, indemnify and hold iTouch Games harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising from or relating to your use or misuse of the Site or Services, violation of these Terms, breach of any representations or warranties, communication and activity, content you contribute, or improper or illegal use of your Account, including by someone that you have allowed to access your Account.

iTouch Games reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with iTouch Games defense of these claims. iTouch Games will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

SECTION 15 - SEVERABILITY
Suppose any provision of these Terms of Service is determined to be unlawful, void, or unenforceable. In that case, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
AT ITS SOLE DISCRETION, RETROLIO GAMES MAY LIMIT, MODIFY, OR TERMINATE YOUR ACCOUNT FOR FAILING TO COMPLY WITH ANY OF THESE TERMS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICES, WITH OR WITHOUT NOTICE TO YOU. We may also terminate your account at any time, with or without reason, by sending a prior email notice to the email address associated with your account.

If you do not agree to these Terms, your sole remedy is not to use or stop using the Site and Services and cancel your Account. You may cancel your Account at any time by (a) delivering notice to us as described below or (b) ceasing all account activity for a continuous period of six (6) months, at which time your account will be deemed canceled and terminated.

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (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.

SECTION 18: Dispute Resolution And Governing Law

This Agreement and the relationship between you and iTouch Games, including without limitation its construction and enforcement, shall be treated as though it were executed and performed in the United States and shall be governed by and construed following the laws of the United States without regard to its conflict of law principles or the United Nations Convention on the International Sale of Goods.

THE PROPER VENUE FOR ANY CLAIM OR JUDICIAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SITE OR SERVICES WILL BE THE STATE AND FEDERAL COURTS IN. IN CONNECTION WITH THIS SECTION, THE PARTIES HEREBY STIPULATE TO AND AGREE TO WAIVE ANY OBJECTION TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS. Notwithstanding the preceding, you agree that iTouch Games shall be entitled to seek injunctive or other equitable relief in any court of competent jurisdiction at its discretion. In no event shall any claim, action, or proceeding related in any way to this Agreement be instituted by you more than one (1) year after the cause of action arose.

You acknowledge that the rights granted and obligations made to iTouch games under this are of a unique and irreplaceable nature, the loss of which shall irreparably harm iTouch Games and which cannot be replaced by monetary damages alone. Accordingly, iTouch Games shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief or to enjoin or restrain the operation of the Site or Services, or any content or other materials used or displayed through the Services, and agree to limit your claims to claims for monetary damages as otherwise limited by these Terms.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at help@retroliogames.com.