5.         Acceptable Use

As a condition of using the Site, you agree not to do any of the following:

a.              use the Site in violation of applicable law or in a manner that facilitates or furthers the violation of applicable law;

b.              use the Site in a way that harms Tozai or Tozai’s affiliates, vendors, or users;

c.              use any portion of the Site as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (such as “spam”);

d.              attempt to use or access the Tozai account of a person other than you;

e.              damage, disable, overburden or impair the Site (or the network(s) connected to the Site) or otherwise interfere with anyone’s use and enjoyment of the Site;

f.               attempt to reverse-engineer or otherwise discover or recreate any part of the Site (including any code, technology or methodology used in connection with the Site);

g.              resell or redistribute the Site, or any part of the Site, or otherwise use the Site for any purpose other than your own personal use;

h.              use the Site other than for its intended purpose.

6.         Trademarks

Tozai, Tozai Games, Sync-BallTM, Lode Runner®, R‑Type®, the Tozai logos and any other product or service name or slogan contained in the Site are trademarks of Tozai and its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Tozai or the applicable trademark holder.  You may not use any metatags or any other “hidden text” utilizing “Tozai” or any other name, trademark or product or service name of Tozai without our prior written permission.  In addition, the look and feel of the Site, including all page headers, graphics, button icons and scripts, is the service mark, trademark or trade dress of Tozai and its licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission.  All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners.  Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Tozai.

7.         Framing and Hyperlinks

You may not use, frame or utilize framing techniques to enclose any Tozai trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Tozai’s prior written consent.

Tozai makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site or of Web sites linking to the Site.  Such sites are not under the control of Tozai and Tozai is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.  Tozai provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Tozai of any site or any information contained therein.  When you leave the Site, you should be aware that our terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

8.         Submissions and Feedback

You agree that any materials, including questions, comments, suggestions, feedback, ideas, game levels, plans, notes, postings, original or creative materials or other information, regarding the Site, Sync-BallTM, Lode Runner®, R-Type® and other games, Site Materials, or other offerings of Tozai or its affiliates that are provided by you in the form of email, web form, or other submissions to Tozai (“Submissions”) are non-confidential and shall become the sole property of Tozai.  You hereby assign to Tozai all of your right, title and interest in and to such Submissions, including all intellectual property rights therein, and Tozai shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

9.         Disclosure and Use of Data and Related Information

Although it is not Tozai’s preference to provide governmental authorities with access to account information, you acknowledge that Tozai may be required to do so from time to time.  As such, you authorize Tozai to deliver to furnish any information about your Tozai account (including usage information and Registration Data), access to your Tozai account (including any data stored in your account), and such other information in connection with your use of the Site, to such governmental authorities as may order or demand the same, with or without notice to you.

10.       Indemnification

You will defend and indemnify Tozai, its affiliates, independent contractors and service providers, and each of their respective members, directors, officers, employees and agents (“Tozai Parties”), from and against all claims, damages, costs, liabilities and expenses (including reasonable attorneys’ fees) arising out of or related to your use of, or inability to use, the Site.

11.       Limited Warranty; Disclaimers

THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND.  TOZAI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AS TO THE SITE.

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