Terms Of Use

Tozai Games Website Terms of Use

Last Updated:  April 20, 2009

Welcome to the Tozai, Inc. ("Tozai") games online website at www.tozaigames.com or www.loderunner.com ("Site").  By accessing the Site, you agree to the following Terms of Use. If you do not agree to the following Terms of Use, do not use the Site.

Tozai reserves the right to modify or replace these Terms of Use at any time and in Tozai's sole discretion.  Tozai will indicate at the top of these Terms of Use the date such document was last updated.  Any changes will be effective immediately upon posting the revised version on the Site (or such later effective date as may be indicated at the top of the revised Terms of Use).  Your continued use of the Site following the posting of any changes to these Terms of Use will constitute your acceptance of such changes.  If you do not agree to the changes, you must stop using the Site.  In addition, Tozai may provide other methods by which you may accept these Terms of Use or changes to these Terms of Use.

1.         Privacy Policy

Please refer to our Privacy Policy (www.tozaigames.com/privacy) for information on how Tozai collects, uses and discloses personally identifiable information from its users and customers.  By using the Site, you are consenting to have your personal information transferred, processed and stored in the United States.

2.         Copyright and Limited License to Site and Site Materials

The Site and all the materials on the Site, including without limitation any Tozai and third party logos and all designs, games, animations, videos, tutorials, text, graphics, pictures, information and other content (collectively, "Site Materials"), are the proprietary property of Tozai or its licensors.  You are granted a limited, nonexclusive license (without the right to sublicense) to access and use the Site and Site Materials for your personal use only.  The license is subject to these Terms of Use and excludes: (a) any resale of the Site or any Site Materials; (b) any distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Site or any Site Materials; (d) use of any data mining, robots or similar data gathering or extraction, automated account registration, or account utilization methods; (e) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein; or (f) any use of the Site or any Site Materials other than for its intended purpose.  Any use of the Site or Site Materials other than as specifically authorized herein is strictly prohibited and will terminate the foregoing license. 

3.         Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Tozai has adopted a policy of terminating, in appropriate circumstances and at Tozai's sole discretion, users who are deemed to be repeat infringers.  Tozai may also at its sole discretion limit access to the Site and/or terminate the usage of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

4.         Copyright Complaints

If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Designated Agent: Sheila Boughten

 

Address:      Tozai, Inc.
2018 156th Ave. N.E., Ste. 100
Bellevue, WA
98007

Telephone Number: (425) 748-5164

 

Facsimile Number: (425) 644-2185

 

E-Mail Address: webinfo@tozaigames.com

 

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification.  Please note that the information provided in your notification, including any personal information contained therein, may be forwarded to the person who has provided the allegedly infringing content, and your sending us such notification constitutes your consent to share this information with the alleged infringer. 

You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.

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, 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, 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.

12.       Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY OF THE TOZAI PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS), WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE SITE, EVEN IF A TOZAI PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TOZAI PARTIES (WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE SITE EXCEED ONE DOLLAR (US$1).

13.       Applicable Law and Venue

These Terms of Use and your use of the Site shall be governed by and construed in accordance with the laws of the State of Washington, without resort to its conflict of law provisions to the contrary.  You agree that any action at law or in equity arising out of or relating to the Site or these Terms of Use shall be filed only in the state and federal courts located in King County, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of the Site or these Terms of Use.

14.       Termination; Modification of Site

Tozai reserves the right, without notice and in its sole discretion, to terminate your access to the Site or any features on the Site, and to block or prevent future your access to and use of the Site, including termination of your account.  In addition, Tozai reserves the right to change, cancel or delete any and all services and features provided as part of the Site at any time, with or without notice to you. 

15.       Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

16.       Questions

If you have any questions about Tozai or the Site, please contact us at webinfo@tozaigames.com.

 

Tozai Games is a trademark of Tozai, Inc. registered or protected in the US and other countries.
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