These Terms and Conditions contain a binding arbitration clause and class action waive that impact your rights about how to resolve disputes if you live in the United States, please read it carefully.
By accessing and browsing any website (including, without limitation, mobile websites) on which these terms reside (collectively the “Site”), you accept, without limitation or qualification, the terms, conditions, policies and notices contained on this page (“Terms”).
Tochi Snacks, Inc. ("Tochi's") may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Tochi’s will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated. You further agree that Tochi’s will not be liable for any modification or suspension of the Site.
- Content Ownership. All text, graphics, photographs, software video and audio content as well as data that appear on the website (the “Content”) is owned by or licensed to Tochi's, and is subject to copyright and other intellectual property rights under United States, foreign laws and international conventions. Users may not re-post, republish, reproduce or copy the Website Content to other web sites, or otherwise, without the prior written consent of Tochi's. Website content cannot be sold or distributed to third parties, neither can derivative works of Website Content be used without prior written permission of Tochi's.
- Permitted Use. Tochi’s maintains the Site for your personal entertainment, information, education, and communication only and grants you a limited license to use the Site and to download Content solely for noncommercial, personal use; provided, however, that you retain all copyright and other proprietary notices contained on the Content, that you do not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without the prior written permission of Tochi’s, and that you do not download or use any images of people or places (“Images”) displayed on the Site for any purpose. The download or use of any such Images by you, or anyone else authorized by you, is prohibited unless specifically permitted by the prior written authorization of Tochi’s. Any unauthorized use of such Images may violate copyright laws, trademark laws, the laws of privacy and publicity, and related communications regulations and statutes.
- User Accounts. By creating a user account for the Site, you agree to complete the registration process by providing current, complete, and accurate information as required by Tochi's. All activities that occur within your account are your responsibility. You agree to notify Tochi's immediately of any unauthorized use of your account or any other breach of security. Tochi's will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by Tochi's or another party due to someone else using your account. You may not use anyone else's account at any time.
On certain areas of our Site you may be able to submit written posts and certain other materials (“User Content”). By using these features, you agree that you will not post any content that is unlawful, harmful, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Tochi's; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Tochi’s, or misrepresent an affiliation with another person or organization; and you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You further understand and agree that you have no ownership rights to any account you may have with us or other access to the Site or features therein. Tochi’s may cancel your account and delete all User Content associated with your account at any time, and without notice, if Tochi’s deems that you have violated these Terms, the law, or for any other reason. Tochi’s assumes no liability for any information removed from the Site, and reserves the right to permanently restrict access to the Site or a user account.
- Claim of Copyright Infringement. Tochi's respect the intellectual property of others. If you believe in good faith that any Content or other materials posted on the Site infringes the copyright in a work of your own, please contact our copyright agent, designated under the Digital Millennium Copyright Act ("DMCA")(17U.S.C. §512(c)(3)), with correspondence containing the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that allegedly infringed;
- Identification of the copyrighted work alledgedly infringed;
- Identifying information reasonably sufficient to allow determination by Tochi's of the location of the material that is alledgedly infringing;
- Information reasonably sufficient to permit Tochi's to contact you;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply to all the requirements of this Section, your DMCA notice may not be valid. For any questions regarding this procedure or to submit a complaint, please contact Tochi's at firstname.lastname@example.org.
- Limitation of Liability. You agree Tochi's will not be held liable for any loss or damage incurred as a result of the use of the Site.This includes (but is not limited to) damages or injury caused by any of the following: use of (or inability to use) the Site; use of (or inability to use) any site to which you hyperlink from our Site; failure of performance; error; omission; interruption; defect; delay in operation or transmission; computer virus; line failure; intrusion, hacking or violation of any Tochi's site by any third party; or any illegal activities of any third parties. Tochi's does not warrant the security of any information you transmit to it at any Tochi's site.
Tochi's is not liable for any damages including but not limited to: direct or indirect loss of profits, loss of data, loss of use, or other damages arising out of or in any way related to the use of the site or the content therein whether based in contract, tort, strict liability or otherwise, even if advised of the possibility of such damage. Tochi's has the right at any time to change, modify, correct add to, discontinue, or retire any aspect or feature of the Site, including by not limited to, hours of availability, equipment needed to access or use, or the availability of the Website (or any part thereof) on any particular device or communications service. Tochi has no obligation to provide you with notice of any such changes, and Tochi's is under no obligation to provide you with any support and/or enhancements of the Site.
- Indemnification. You agree to defend, indemnify, and hold harmless Tochi's from all liabilities, claims, damages, losses, and expense including attorney's fees that arise from your use of the Site. Tochi's reserves the right to assume the exclusive defense and control of any mater otherwise subject to indemnification by you, in which event you will cooperate with Tochi's in asserting any available defenses.