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TERMS

TOY TOKYO WEB SITE – TERMS OF USE & PRIVACY POLICY

 

Thank you for visiting the Toy Tokyo Online, Inc. web site (herein after, our "site"). As a user of our site you acknowledge and agree to adhere to and be controlled by the following terms and conditions regarding your use of our site ("Terms of Use") and our Privacy Policy. We may revise our Terms of Use and Privacy Policy at any time without being required to provide any form of notice to you as a user of our site.

 

There may be sections or portions of our site that could contain terms of use that differ from those posted on our site. If a conflict is found between the Terms of Use for our site and another area of the site, then the terms for the specific area of the site will be controlling.

  • Web Site Information - Use of our site
  • Software & Images - Terms of use
  • Communication - forum discussions
  • Security - password use
  • Termination of rights of use
  • Products, services and content of websites owned by third parties
  • Disclaimer
  • Limitation of Liability
  • Indemnity
  • Privacy Policy
  • Export Restrictions / Legal Compliance
  • Applicable Laws
  • Intellectual Property - Trademark and Copyright Information
  • Contacting Toy Tokyo Online, Inc. Regarding these Terms of Use

 

1.  Web Site Information - Use of our site

The content of our website is proprietary to Toy Tokyo Online, Inc. (we own and control all content including all of our trademark names and copyrighted images). You, as a user of our site, may view all of the content on the site and you may copy it, so long as you do not alter it in any way and so long as you do so for your own personal use. You may not copy any of the content in any manner whatsoever for a commercial purpose. There may be circumstances where your use constitutes "fair use" as that term is defined by the copyright laws of the United States of America, however, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from our site in its entirety or partially without first obtaining, in writing, the express authorization of Toy Tokyo Online, Inc.. All images appearing on our site including artwork in any form, photographs, graphic designs and the like are the intellectual property of Toy Tokyo Online, Inc. or third parties who have provided the images to Toy Tokyo Online, Inc. 

2. Software & Images - Terms of use

To use our software, text and images and if you download any part of the content of our site that contains any software, text or images, your use is subject to a license agreement between you and Toy Tokyo Online, Inc. As the user, you will review and accept the terms of any such license agreement and agree to its terms (see below). Toy Tokyo Online, Inc. reserves all rights, title, and interest in any and all software and images the rights to which have not been expressly granted to you as a user.

3. Communication - Forum discussions

The term, "forum," shall be defined to include any discussion group, chat room, posting of information on a  bulletin board, any news or information group, any form of communication including letters or e - mails to Toy Tokyo Online, Inc., or to the site's webmaster or employees. The term, " forum, " shall also be defined to mean any of the aforementioned forms of communication to or posted on the Toy Tokyo Facebook® page, Twitter® feed and the Toy Tokyo Online Blog. As a user of the site, you agree to adhere to the following restrictions:  a user will refrain from uploading, emailing, posting, publishing, blogging, tweeting, or otherwise transmitting through a forum any content that: (a) is untrue or that misleads; (b) defames any person or entity; (c) is an invasion of the privacy of another person, or is intended to further or support any form of prejudice, including the promotion of hatred of an entity or an individual, bigotry and/or racism; (d) any information that contains obscene language or pictures; (e) any communication or content that violates any other person or entity's intellectual property rights (trademark and copyright rights) (f) is considered to be a bulk mailing that was not requested or is spam or junk e-mail, or any form of a continuing e - mail commonly known as chain or continuing e - mails; or (g) is in  violation of any law or regulation of any state or of the Federal Government of the United States. The use of a forum shall not promote any commercial business of any kind whether owned by an individual or an entity. Forums shall not be used to seek the payment of money or the exchange of goods or services or to advertise any good or service or any use that solicits a good or service. As a user you shall refrain from the solicitation of other individuals in becoming a member of any group or organization or to participate in any organization or any service whether it is online or offline. As a user you are forbidden from obtaining and/or saving any information related to other users of the site.

As a user you agree that Toy Tokyo Online, Inc. has an irrevocable and perpetual royalty free license to all content in any form (e - mails, postings, publications, artwork et al) or to any other content contained in a user's transmission(s) to the site. In transmitting content that a user uploads to any forum, you warrant to Toy Tokyo Online, Inc. that you are the sole owner of the content or if the content is the property of a third party or entity, you have obtained all required rights and permissions to the third party content from its owner. Further the user grants to Toy Tokyo Online, Inc. pursuant to the above referenced license; to use, reproduce, modify, adapt, publish, transmit and distribute such content in any form, medium, or technology now known or later developed. Further, you warrant to Toy Tokyo Online, Inc. that you have waived all moral rights in the content you have posted to the site as a user as that term is used in the copyright laws of the United States. 

As a user you acknowledge that any forum on the site is open and available to the public and that Toy Tokyo Online, Inc. assumes no responsibility as to the content posted to the forum by its users. Toy Tokyo Online, Inc. takes no position as to the views or positions in any posting by a user(s) and expressly states that it may not agree with the positions of the user(s) stated in any such posting. Toy Tokyo Online, Inc. has the sole discretion and the absolute right to remove any content posted to the site at any time and for any reason whatsoever.

PARENTAL CONTROL - Toy Tokyo Online, Inc. shall take no responsibility and disclaims any liability related to the use of the site's forums by minor children. Parents are responsible for the use of the site by minor children and are deemed to be in control of their child/children's use of the site. 

4. Security - Password use

You are responsible for the maintenance and confidential protection of any password you are provided to allow access to the site. Furthermore, you are deemed to be the sole user of any password and will be held responsible if the password is used by any other person, and for all activity that is conducted by using the given password. You must notify Toy Tokyo Online, Inc. of any unauthorized use of your password.

Toy Tokyo Online, Inc. will take the usual and customary steps to protect the privacy of the users of its site and the personal information of its users. 

5. Termination of rights of use

As a user, and as a condition of use of the Toy Tokyo Online, Inc. website, you accept that Toy Tokyo Online, Inc. in its sole discretion, and at any time, and without notice to you, may terminate your access to the site and/or any other participation(s) (accounts or other) on or connected to the site. Further, you agree that Toy Tokyo Online, Inc. has the right to monitor all activity of a user on the site. 

6. Products, services and content of websites owned by third parties

Toy Tokyo Online, Inc. and its users agree that Toy Tokyo Online, Inc. has no responsibility to its users as to the availability of any third party website that may be referenced on the site or for any of the content that may be found on any such third party site, or for the ability to link to any third party site. Toy Tokyo Online, Inc.'s site contains links to third party sites that contain content that relate to products and services of third parties. The third parties may be users, advertisers, affiliates and sponsors of the Toy Tokyo Online, Inc. site.  The user of the site is solely responsible for reviewing and understanding the use terms and policies of any third party site before he/she visits any such site. Toy Tokyo Online, Inc. shall have no responsibility or liability to its users if any user decides to visit a third party site and/or in making a purchase of goods or services on any such third party site. The user's seller - buyer relationship is solely between the user and the owner(s) of the third party site. As a user of the site, you agree that Toy Tokyo Online, Inc. shall not have any responsibility for the quality or merchantability of any third party product or service or for the failure of a third party to ship or complete any activity related to the user's purchase from a third party (fulfillment of any warranties or services);. You agree to hold Toy Tokyo Online, Inc. harmless from any responsibility and/or liability for any damages or any loss you suffer related to your use of third party website(s). 

7. Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TOY TOKYO ONLINE, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND OF NON-INFRINGEMENT. TOY TOKYO ONLINE, INC. MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT THE USER'S OWN DISCRETION AND RISK. TOY TOKYO ONLINE, INC. SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. TOY TOKYO ONLINE, INC. RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.

8. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL TOY TOKYO ONLINE, INC. BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF TOY TOKYO ONLINE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE TOY TOKYO ONLINE, INC. SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE, FROM AN INABILITY TO USE THE SITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnity

As a user of the site, you acknowledge and agree, that you are personally responsible for your conduct while using the Toy Tokyo Online, Inc. site and agree to indemnify and hold harmless Toy Tokyo Online, Inc. and its officers, directors, employees and agents from and against any loss, damage, liability, cost or expense of any kind (including, but not limited to, reasonable attorneys' fees) that Toy Tokyo Online, Inc. may incur in connection with your use of the site, or the use of any service or the site by anyone using your e - mail address(es) or password(s) regardless of whether such person actually is authorized to use the e - mail address(es) or password(s), or your violation of the terms of use for the site or of the rights of any third party. Your obligations under this paragraph shall survive termination of this Agreement.

10. Privacy Policy - Last Revised February 17, 2012

Toy Tokyo Online, Inc. respects the privacy of its users and privacy of you as a user is of great concern to us. To further the privacy of our users we have implemented the following controls regarding your privacy:

Toy Tokyo Online, Inc. has created a privacy policy for its website in order to confirm to its users the protection of the user's private information. What follows is the policy relating to the collection of user information on the site and its distribution to others. Toy Tokyo Online, Inc. encourages the potential user of the site to review the privacy policy before using the site. Your use of the site is tantamount to an agreement to the terms of the policy. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE STATED TERMS OF USE.  

Collection and Use of Personally Identifiable Information

Toy Tokyo Online, Inc. will collect personally identifiable information about you, such as your name, postal address, telephone and mobile numbers, e-mail address, when you provide it to us while on the site. This information will be collected when a user creates an account, signs up for e - mail newsletters or other forms of information, participates in an online survey, enters a contest on the site, makes a contact with customer service or interacts with the site in another manner. The personal information provided by a user may be used in any manner allowed by law, including but are not limited to, answering user inquiries or responding to user requests, processing a purchase of goods or services on the site, for company purposes such as running a contest, keeping track of what areas of the site are of most interest to a user and for the distribution of prizes. By choosing to register with an account on Toy Tokyo Online, Inc. or by signing up to receive any newsletters, promotions, or marketing e-mail you are opted-in to allowing Toy Tokyo Online, Inc. to provide your personal information to third parties. Toy Tokyo Online, Inc. may also use the personal information you provide for internal business purposes.

The site may provide you with the opportunity to opt-in to receive information from the Toy Tokyo Online, Inc. site. If you do not opt-in, you will not receive solicitations or other offers. Nevertheless, regardless of your decision to opt-in or not, Toy Tokyo Online, Inc. may still at times need to send automated e-mails to users for administrative purposes. If you opt - in to receive communications and then change your decision, your decision to opt-out may not take effect in certain instances where you agreed to receive brand-specific e - mails. 

Toy Tokyo Online, Inc. provides the user with the convenience of removing your user information from our database so as not to receive future communications or to close your account.  To close your account please email customerservice@toytokyo.com with the word UNSUBSCRIBE in your subject line or simply login to your account and follow the account termination instructions on toytokyo.com.  The site also allows the user the ability to correct, update or change the information previously provided. The user should go to his/her account profile to revise the information.  Please also be aware that certain information may be retained by Toy Tokyo Online, Inc for record keeping purposes. 

11. Export of Information and Compliance with laws

A user of the site is prohibited from exporting the site or any content on the site whether proprietary to Toy Tokyo Online, Inc. or any third party site linked to the Toy Tokyo Online, Inc. site or any software product or service found on the site which would be in violation of the Statutes of the United States and any laws or regulations of the United States relating to the export of information to countries outside of the United States. The user agrees to be subject to and to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority. A user will not provide or cause the content of the site to be available to any third party in violation of the aforesaid statutes, laws or regulations and the user will not provide any information to anyone anywhere without first obtaining the proper authority from Toy Tokyo Online, Inc. or the United States Government to do so. As required the user shall secure and be responsible for all costs and expenses to obtain licenses and/or exemptions that relate to the user's use of Toy Tokyo Online, Inc.'s proprietary content and intellectual property outside the U.S. The user is prohibited from downloading the content of the site for purposes of providing it to any person or entity in the following countries: Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country or jurisdiction that is under or subject to U.S. trade sanctions. Further, the user agrees to refrain from exporting the content to individuals or entities within or under the control of the aforementioned countries, nor shall any information be exported to those who reside in or are nationals of said sanctioned countries. Information may be exported to individuals who are lawful permanent residents of the countries who are not subject to the sanctions imposed by the Government of the United States. Lastly, the user shall refrain from exporting any information to any person who has been identified by the United States Government's Department of the Treasury as a blocked person or specifically designated national as found in the Department's Table of Denial Orders. The user through his/her agreement to the terms of this section of this agreement, confirms that he/she represents and warrants to Toy Tokyo Online, Inc. that he/she is not located in, under the control of, or a national or resident of any such country or on any such list.

12. Applicable Laws

All matters relating to a user's use and the right to access the Toy Tokyo Online, Inc. website are subject to the laws of the State of New Jersey and the laws of the United States of America. The user agrees to submit to the jurisdiction and to the venue of the appropriate Federal or State Court located in Newark, New Jersey for purposes of any legal action that may arise between Toy Tokyo Online, Inc. and a user. 

13. Intellectual Property - Trademark and Copyright 

All content on the website is Copyright Toy Tokyo Online, Inc., Inc. and all rights to the content are reserved. Toy Tokyo Online, Inc. is a trademark of Toy Tokyo Online, Inc., Inc. Other content is copyright to the company that posts the content on the site and any and all third party company names, trademarks, logos, etc. appearing on this site are the property of their respective owners .  

14. Contacting Toy Tokyo Online, Inc. Regarding these Terms of Use

If you have any questions regarding these Terms of Use or the Toy Tokyo Online, Inc. Privacy Policy, please contact us at customerservice@toytokyo.com.

TOY TOKYO USER LICENSE AGREEMENT

PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING ANY INFORMATION OR USING ANY OF THE SERVICES ON THE TOY TOKYO ONLINE, INC. WEBSITE

BY DOWNLOADING ANY INFORMATION FROM THE TOY TOKYO ONLINE, INC. WEBSITE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. 

Single User License Grant: Toy Tokyo Online, Inc. (TTO) grants to User ("User") a nonexclusive and nontransferable license to use the Toy Tokyo Online website, any software on the website,  to purchase items, to participate in the services on the website including Facebook® comments, blogging, visiting the Twitter® page, discussion groups, chat rooms, posting of information on a  bulletin board, any news or information groups, any form of communication including letters or e - mails software, text and/or images solely on a your personal computer or other internet device(s) owned or leased by you.

Multiple-Users License Grant: Toy Tokyo Online, Inc. ("TTO") and its suppliers grant to User("User") a nonexclusive and nontransferable license to use the Toy Tokyo Online website, any software on the website,  to purchase items, to participate in the services on the website including Facebook® comments, blogging, visiting the Twitter® page, discussion group, chat room, posting of information on a  bulletin board, any news or information groups, any form of communication including letters or e - mails software, text and/or images solely on a your personal computer or other internet device(s) owned or leased by you. User may only download the software, text and/or images for personal use and not for any commercial purpose. 

EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, USER SHALL NOT: COPY, IN WHOLE OR IN PART,ANY SOFTWARE OR DOCUMENTATION, OR ANY IMAGES ON THE WEBSITE OR MODIFY THE SOFTWARE; OR CREATE DERIVATIVE WORKS OF THE SOFTWARE. 

User agrees that the licensed materials, including the specific design and structure of individual programs, text and images constitute trade secrets and/or copyrighted material of TTO or of the third party companies who may have software, text and/or images on the TTO website. User agrees not to disclose, provide, or otherwise make available any software, text and/or images or any copyrighted material in any form to any third party without the prior written consent of TTO. Customer agrees to implement reasonable security measures to protect such software, text and/or images and any other copyrighted material. Title to any Software, text and/or images or to any other documentation shall remain solely with TTO. 

DISCLAIMER. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. 

IN NO EVENT WILL TTO OR ITS THIRD PARTY WEBSITE CONTENT PROVIDERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, TEXT AND/OR IMAGES EVEN IF TTO OR ITS THIRD PARTY WEBSITE CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall TTO's or its third party content providers' liability to the User, whether in contract, tort (including negligence), or otherwise, exceed the price paid by User to access the TTO website. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. 

This License is effective until terminated. User may terminate this License at any time by destroying all copies of any Software, text and/or images. This License will terminate immediately without notice from TTO if User fails to comply with any provision of this License. Upon termination, User must destroy all copies of any website content including, text and/or images previously copied or downloaded from the website.. 

This License shall be governed by and construed in accordance with the laws of the State of New Jersey, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this License shall remain in full force and effect. This License constitutes the entire License between the parties with respect to the use of the software, text and/or images.