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.