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Terms and Conditions
TERMS OF USE
Welcome to the ITOYA of America, Ltd. Web Site ("Site"). Please
review the following basic terms that govern your use of our Site. By
accessing, browsing and/or using this web site, you acknowledge that you
have read, understood and agree to be bound by these terms (the
"Agreement") and to comply with all applicable laws and regulations. If
you do not agree to these terms, do not use this Site or download any
materials from it.
TRADEMARKS
Unless otherwise noted, all materials,
including images, illustrations, designs, icons, photographs and written
and other materials that appear as part of this Site (collectively, the
"Contents") are copyrights, trademarks and/or other intellectual
properties owned, controlled or licensed by ITOYA of America, Ltd.,
collectively, and its subsidiaries and/or affiliates. The Site as a
whole is protected by copyright, titles and interests in and to which
are owned by ITOYA.
ITOYA, O'netts, e-top, Etona, Gripper, Doubleheader, PaperSkater,
AquaRoller, SpectaRoller, Super Gripper Executive, Sahara, Maduro, O'Grip, Hook Pen,
Organizer Pen, Palisades, The Galaxy Collection, Finepoint System,
O'Glue, Pocketlens, Easel Does-It, Profolio, Art Profolio, Clear Cover, Pop-Up Easel,
Triangle Easel, Spring Post Binder, Custom Cover, PolyEnvelope, The
Contemporary Padholder, Poly FiestaBag, Swivel, SWITCH, Light Duty,
Xenon, Chromium, Atlantique, PolyZip, PolyGlass, imagEnvelope, BLING!,
PaperSkater Synergy and Gripper IQ are
registered or unregistered trademarks of ITOYA of America, Ltd. The
absence of a trademark from this list does not constitute a waiver of ITOYA's trademark or other intellectual property rights concerning that
trademark. Contents of this Site should not be construed as granting, by
implication or otherwise, any license or right to use any ITOYA trademark displayed on the Site without the written permission of
ITOYA.
SITE CONTENTS
We may from time to time change the terms that govern your use of our
Site. Your use of our Site following any such change constitutes your
agreement to follow and be bound by the terms as changed.
We may
change, move or delete portions of, or may add to, our Site from time to
time.
The Contents of our Site, and the Site as a whole, are intended
solely for personal, noncommercial use by the users of our Site. You may
download or copy the Contents and other downloadable materials displayed
on the Site for your personal use only. No right, title or interest in
any downloaded materials or software is transferred to you as a result
of any such downloading or copying. You may not reproduce (except as
noted above), publish, transmit, distribute, display, modify, create
derivative works from, sell or participate in any sale of, or exploit in
any way, in whole or in part, any of the Contents, the Site, or any
related software.
NO OFFER
All information contained in this Site is for informational purposes
only and in no way constitutes an offer to buy or sell ITOYA products.
SUBMISSIONS
All comments, feedback, suggestions, ideas,
and other submissions disclosed, submitted or offered to ITOYA of
America, Ltd. on or by this Site or otherwise disclosed, submitted or
offered in connection with your use of this Site (collectively,
"Comments") shall be and remain ITOYA's property. Such disclosure,
submission or offer of any Comments shall constitute an assignment to ITOYA
of all rights, titles and interests in all copyrights and other
intellectual properties in the Comments. Thus, ITOYA will own
exclusively all such rights, titles and interests and shall not be
limited in any way in its use, commercial or otherwise, of any Comments.
ITOYA is and shall be under no obligation (1) to maintain any Comments
in confidence; (2) to pay to user any compensation for any Comments; or
(3) to respond to any user Comments.
You agree that no Comments
submitted by you to the Site will violate any right of any third party,
including copyright, trademark, privacy or other personal or proprietary
right(s). You further agree that no Comments submitted by you to the
Site will be or contain libelous or otherwise unlawful, abusive or
obscene material. You are and shall remain solely responsible for the
content of any Comments you make.
WARRANTIES
This
Site and all Contents of the Site are provided on an "as-is" basis
without warranties of any kind, either expressed or implied, including
but not limited to implied warranties of merchantability, fitness for a
particular purpose or noninfringement. You acknowledge, by your use of
the Site, that your use of the Site is at your sole risk, that you
assume full responsibility for all costs associated with all necessary
servicing or repairs of any equipment you use in connection with your
use of our Site, and that ITOYA shall not be liable for any damages of
any kind related to your use of this Site.
INACCURACY DISCLAIMER
While
ITOYA makes all
reasonable efforts to ensure that all material on this Site is correct,
accuracy cannot be guaranteed and ITOYA does not assume any
responsibility for the accuracy, completeness or authenticity of any
information contained on this Site. From time to time there may be
information on itoya.com that contains typographical errors,
inaccuracies, or omissions that may relate to product descriptions,
pricing, and availability. ITOYA reserves the right to correct any
errors, inaccuracies or omissions and to change or update information at
any time without notice.
INDEMNIFICATION
You agree to defend, indemnify and hold ITOYA harmless from and against any and all claims, damages, costs and
expenses, including attorneys' fees, arising from or related to your use
of the Site.
JURISDICTION
Unless otherwise
specified and except to the extent ITOYA products are offered for sale
in the United States of America and Canada through this Site, this Site
and the Contents thereof are displayed solely for the purpose of
promoting ITOYA's products available in the United States and Canada.
Those who choose to access this Site from other locations do so on their
own initiative and are responsible for compliance with local laws, if
and to the extent local laws are applicable. Software from this Site is
further subject to United States export controls. No software from this
Site may be downloaded or otherwise exported or reexported (1) into (or
to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran,
Syria or any other country subject to United States export control
restrictions; or (2) the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Denial
Orders. By downloading or using the software, you represent and warrant
that you are not located in, under the control of, or a national or
resident of any such country or on any such list.
This Site is controlled and operated by ITOYA of America, Ltd. from
its offices in Rancho Dominguez, California. This Agreement shall be construed
in accordance with the laws of the State of California, without regard
to any conflict of law provisions. Any dispute arising under this
Agreement shall be resolved exclusively by the state and federal courts
of the State of California, County of Los Angeles.
If any part of these Terms and Conditions is unlawful, void, or
unenforceable, that part will be deemed severable and will not affect
the enforceability of the remaining provisions. This is the entire
agreement between the parties relating to the use of this Site. ITOYA can revise these Terms and Conditions at any time by updating this
posting. This Site may be linked to other sites which are not maintained
by ITOYA of America, Ltd. ITOYA is not responsible for the content of
those sites. The inclusion of any link to those sites does not imply
endorsement by ITOYA of the sites.
TERMINATION
This Agreement is effective unless and
until terminated by either you or ITOYA. You may terminate this
Agreement at any time. ITOYA also may terminate this Agreement at any
time and may do so immediately without notice, and accordingly deny you
access to the Site, if in ITOYA's sole discretion you fail to comply
with any term or provision of this Agreement. Upon any termination of
this Agreement by either you or ITOYA, you must promptly destroy all
materials downloaded or otherwise obtained from this Site, as well as
all copies of such materials, whether made under the terms of this
Agreement or otherwise.

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