SCOPE OF TERMS
OWNERSHIP OF CONTENT
The Tomotechi Websites; their past, present and future versions; all pages found within the Tomotechi Websites; the material and information on the Tomotechi Websites; all graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitations the design, structure, “look and feel” and arrangement of such content contained on the Tomotechi Websites (hereinafter, the “Content”); trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not are owned, controlled or licensed by or to Tomotechi, and are protected by intellectual property laws (the “Intellectual Property laws”), including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and unfair competition laws. In using the Tomotechi Websites or the Content, you acknowledge and agree to abide by all applicable Intellectual Property laws, as well as any specific notices contained on the Websites. All rights not expressly granted are reserved. The Tomotechi Websites and the Content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resold, or otherwise distributed in any way, without Tomotechi’s express prior written authorization. You are granted permission to display on your computer, print and download the Content on this Website solely for your own personal, non-commercial and educational use. You must retain copyright and other notices on any copies of the Content you make. Certain Content and documents available on this Website are open source Content and documents subject to the applicable open source license and are so marked. Your use of those materials is governed by the individual applicable license. Unauthorized use of the Tomotechi Websites or the Content contained on or available through the Tomotechi Websites or any linked websites may violate applicable Intellectual Property laws or other laws. The Tomotechi Websites, Online Mediums and Content may contain user or third party submitted content, such as feedback and suggestions, post or submissions and other materials (hereinafter, the “Submissions”) intended for review by general public, or by members of any public or private community. Tomotechi does not claim ownership of the third party submitted content and shall have no obligation or liability of any kind, including without limitation errors, omissions, or damages, with respect to Submissions. Submissions are not reviewed, approved or endorsed by Tomotechi and are provided solely for convenience to Tomotechi customers and users. Tomotechi reserves the right to monitor, restrict access to, edit or remove any Content available via the Online Mediums.
Copyrights Infringement Complaints. You may not use the Tomotechi Websites, Content or Online Mediums for any purpose or in any manner that infringes the rights of any third parties. Tomotechi encourages you to report any content on the Tomotechi Websites that you believe infringes your copyright. If you would like to submit a Copyright Infringement Complaint, click here.
The trademarks, service marks, logos, slogans and domain names (“Marks”) referenced on the Tomotechi Websites are either common-law service marks, trademarks or registered service marks or trademarks of Tomotechi Ltd. Co. or its subsidiaries and are protected by trademark laws in the United States and other countries, and international laws and treaties. Other names of actual companies and products mentioned on the Tomotechi Websites may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement or association with Tomotechi. Nothing contained on the Tomotechi Websites should be construed as granting, by implication or otherwise, any license or right to use any Marks displayed on the Tomotechi Websites. You are not permitted to use any Marks displayed on the Websites, metatags or any other “hidden text” utilizing Marks of Tomotechi and its licensors, without prior written permission of Tomotechi or such third party who may own the Mark. YOUR
USE OF THE WEBSITES
Password Protected Areas. Access to and use of password protected areas of the Tomotechi Websites is restricted to authorized users only. You agree that you: (i) will provide current, complete and accurate identification, contact and other information about you as you may be prompted by the registration process on the Tomotechi Websites; (ii) are responsible to maintain, keep current and update any registration data and other information you provide to Tomotechi; (iii) are entirely responsible for maintaining the security of your password, identification and account and for any and all activity that occurs under your account; and (iv) will notify Tomotechi immediately of any unauthorized access or use of your account or password or any other breach of security. You understand that any person with your password will be able to access your account and any registration data. You accept sole risk of unauthorized access to your account. Tomotechi will not be liable to you for any loss you may incur as a result of someone else using your password or account with or without your knowledge. You may be held liable for losses incurred by Tomotechi or any other user or visitor to the Tomotechi Websites due to someone else using your password or account. You may not use anyone else’s account at any time, without the permission of the account holder.
Content you Submit. Tomotechi appreciates hearing from you. Blogs, community forums, chat rooms and other discussion sites may be made available to our customers and users. You acknowledge and agree, that as to any content you, as a user, may submit via the Online Mediums become public information and it shall be deemed to be provided on a non-confidential basis, except for Apple Retail store referral process communication and resumes submitted solely for consideration for employment with Tomotechi which may be shared with Tomotechi on a “need to know” basis. You should always use caution when submitting personal identifiable information about yourself or third parties in any Online Mediums. Tomotechi is free to use or disseminate such contributed content on an unrestricted basis for any purpose, and you grant Tomotechi an irrevocable, worldwide, perpetual, royalty-free license to use, reproduce, modify, adapt, incorporate, transmit, display, publish, post, resell and otherwise distribute such Submission and contributed content (including, without limitation, creative ideas, suggestions, materials, names, voices, likeness and other personal identifiable information contained in your Submission) in any form and media now known or which shall become known in the future for any purposes whatsoever, including without limitation, using such information, ideas, inventions and creative ideas for development, marketing and promotional purposes, without any notice or compensation to you. Tomotechi is under no obligation to use the contributed content and your Submissions and may remove any such content or Submission at any time at its sole discretion. Tomotechi reserves the right to terminate your access to Online Mediums at any time, without notice, for any reason whatsoever. You represent and warrant that you own or otherwise have permission to submit any such materials and grant Tomotechi the rights described herein.
No unlawful or Prohibited Use. You agree not to upload, post or otherwise transmit via the Online Mediums any content that: (i) is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libelous, racially, ethnically, religiously or otherwise objectionable; (ii) constitutes unauthorized disclosure of personal or confidential information; (iii) infringes any patent, trademark, trade secret, publicity right, privacy right, copyright or other intellectual property or any rights of any party; (iv) contains viruses, Trojan horses, Worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity, and obtain sensitive personal or financial information. You also agree not to use the Tomotechi Websites or Online Mediums to: (i) impersonate an employee or a representative of Tomotechi, its divisions and subsidiaries; (ii) misrepresent your identity or affiliation with a person or entity; (iii) send bulk mail, spam, “chain letters” and other unsolicited and unauthorized communication; (iv) attempt to gain unauthorized access to any portion or feature of the Tomotechi Websites or any other system or networks connected to the Tomotechi Website or any other services offered through the Tomotechi Websites, and/or other accounts not belonging to you, or violate security of any portion of the Tomotechi Websites, by hacking, password mining or any other means; (v) obtain or attempt to obtain any information, materials or documents not purposely made available through the Tomotechi Website or Online Mediums through any means; (vi) attempt to interfere with the proper working of the Tomotechi Websites or any transaction being conducted on the Tomotechi Websites or to restrict or inhibit any other user from accessing or using the Tomotechi Websites, by means of hacking or defacing any portion of the Tomotechi Websites; (vii) violate any applicable local, state, national or international law, including without limitation regulations by the U.S. Securities and Exchange Commission, and the Office of Foreign Assets Control.
OTHER TERMS AND CONDITIONS
Promotions. The Websites may contain or offer sweepstakes, contests, promotions or other similar features, which may be subject to a separate set of rules that describe the contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements in connection with the applicable contest or promotion.
LINKING TO TOMOTECHI WEBSITES
ou may link to the Tomotechi Websites by using a text link and linking to Tomotechi Websites homepage. Linking directly to any other webpage or content within the Tomotechi Websites is prohibited without Tomotechi prior written permission. Tomotechi only consents to links in which the link and the pages that are activated by the link do not: (i) duplicate the website content; (ii) frame or create any other border around the website content or any pages on the Websites or use other techniques that alter in any way the visual presentation or appearance of any content within the Tomotechi Websites; (iii) misrepresent your relationship with Tomotechi or otherwise create a false affiliation, connection or association with Tomotechi; (iv) imply that Tomotechi approves or endorses you, your website, or your services or product offerings; (v) present false or misleading impression about Tomotechi or otherwise damage the goodwill associated with the Tomotechi name or trademarks; (v) use Tomotechi trademarks in page text, metatags and/or hidden text for purpose of gaining higher rankings from search engines; (vi) utilize Tomotechi name, trademarks, service marks, colors, logos or any other brand features of Tomotechi, nor your relationship with Tomotechi for purposes of or in any manner which intentionally gives rise to advertising or publicity without Tomotechi prior written permission. As a further condition to being permitted to link to the Tomotechi Websites, you agree that Tomotechi may at any time, in its sole discretion, terminate permission to link to the Tomotechi Websites. In such event, you agree to immediately remove all links to the Tomotechi Websites and to cease using any Tomotechi trademark. Tomotechi reserves the right to disable any unauthorized links or frames and disclaims any responsibility for the content available on any other website reached by links to or from the Tomotechi websites. Except for the link logos as provided by Tomotechi, you may not use the Tomotechi corporate logo or any other brand feature to link to Tomotechi.
LINKS TO THIRD PARTY WEBSITES
The Tomotechi Websites may contain links and references to non-Tomotechi websites and resources (“Linked Websites”) and are provided for convenience only. If you decide to leave Tomotechi Websites and access Linked Websites, you do so at your own risk and Tomotechi will have no liability arising out of or related to such Linked Websites and/or their content or any damages or loss caused or alleged to be caused by or in connection of any purchase or use of any such content, goods or services available on or through any such Linked Website. Tomotechi has not reviewed the Linked Websites and we are not responsible for the content, accuracy or opinions expressed on these websites. Inclusion of these links on our Websites does not apply approval or endorsement by Tomotechi of the Linked Websites, their entities or products and services. Please understand that the Linked Websites, even if they contain Tomotechi logo, are independent websites, and Tomotechi does not control the content on that Linked Website. Additionally, Tomotechi is not a party to or responsible for any transaction you may enter into with any such third party, even if you learn of such third party from Tomotechi, by way of reference or link provided on the Tomotechi Websites.
DISCLAIMER OF WARRANTIES
Your use of and access to the Tomotechi Websites, Online Mediums and Content posted by Tomotechi, its divisions, subsidiaries or user generated content posted by third parties is at your sole risk. The Websites, Online Mediums and Content are provided for informational purposes only on an “AS IS” and “AS AVAILBALE” basis without any express or implied warranty of any kind, including warranties of merchantability, non-infringement, or fitness for any particular purpose. Tomotechi makes no representations, warranties or guarantees as to the quality, suitability, truth, accuracy or completeness of the Content. Tomotechi further makes no representations, warranties or guarantees that the quality and reliability of any information, and hosting services obtained from the Website, Online Mediums and/or Content will meet your expectations and requirements, be virus-free, or perform error- and damage-free. You assume all risk and responsibility for any loss or damage whatsoever to your computer system, data and business arising out of your use of the Website, Online Mediums and/or Content.
LIMITATION OF LIABILITY
You expressly understand and agree that Tomotechi and any contributor to the user generated content via Online Mediums (“Tomotechi Licensors”) SHALL NOT BE LIABLE to you for: 1)any loss or damage which you may incur, including without limitation as a result of any reliance placed by you on the accuracy, completeness or suitability of the Content, or any changes Tomotechi and Tomotechi Licensors may make to the Websites, Online Mediums and Content, or any temporary interruption or permanent cessation in the provision of the Online Mediums and Content, or, if applicable, your failure to safeguard your account details or passwords. 2)to the full extent permitted by law, Tomotechi and Tomotechi Licensors are not liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages arising out of or in connection with your use of or related to the Websites, Online Mediums and Content (including without limitation for loss of or damage to business, revenues, goodwill or data) even if Tomotechi and Tomotechi Licensors had previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract, negligence or other tortuous action. 3)Since some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, portions of the above limitation or exclusion may not apply to you.
You agree to indemnify and hold Tomotechi, its subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representative and Tomotechi Licensors, their subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives harmless from any claims and demands, including reasonable attorneys’ fees, made by any third party arising from or relating to: (i) your use of and access to the Websites, Online Mediums and Content; (ii) content you submit, post, transmit or otherwise make available via the Website and Online Mediums; (iii) your violation of these Terms or Website specific Terms and Conditions. This indemnification obligation will survive the termination of your Tomotechi account or these Terms.
Thank you for reading through these Terms and now, enjoy our Websites.