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Tomitribe Terms of Service

Website Terms of Service

General

Please read these terms of use (the “Terms”) carefully before using the websites of Tomitribe Corporation (“Tomitribe”).  By accessing, browsing or using this website, you acknowledge that you have read, understood and agree to be bound by these Terms and to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations, diversion contrary to United States export laws is prohibited. If you do not agree to these Terms, you are not authorized to use this website. These Terms govern your use of the website, any content (such as text, data, information, software, graphics or photographs) that Tomitribe may make available through the website (collectively, “Materials”) and any services that Tomitribe may provide through the website (collectively, “Services”). The website, Materials and Services are referred to in these terms collectively as the “Tomitribe Website.”

Tomitribe reserves the right to modify these Terms, or change or remove features of Tomitribe Website. We will notify you of any material change to these Terms by sending you an email or by posting a notice of the modification on Tomitribe Website. If we make a material change, you may terminate this agreement within 30 days of us sending you the email or posting the notification. Your continued use of Tomitribe Website after the date of the modification shall be deemed acceptance of the modified Terms or agreement, as applicable. Additional or different Terms, conditions and notices may apply to specific materials, information, products, software or services offered through the Tomitribe Website. In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms. Please see the applicable agreement or notice.

These Terms include the Tomitribe Community Participation Terms of Use, and the terms and conditions set forth in the Tomitribe Community Participation Terms of Use are incorporated herein by reference. These Terms, together with any additional terms to which you agree when using particular elements of the Tomitribe Website, constitute the entire and exclusive and final statement of the agreement between you and Tomitribe with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Tomitribe with respect to such subject matter. These Terms and the relationship between you and Tomitribe shall be governed by the laws of the State of California as applied to agreements made, entered into and performed entirely in California by California residents, not withstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Tomitribe Website shall be brought in the Federal or State courts located in Los Angeles, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Tomitribe to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Tomitribe and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Tomitribe Website. These Terms will be interpreted without application of any strict construction in favor of or against you or Tomitribe. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Tomitribe without restriction.

Use of Software

To the extent that Tomitribe provides for the download of proprietary Tomitribe software or open source software from Tomitribe’s Websites (“Software”), such Software is protected by the applicable copyright, patent or other intellectual property rights of either Tomitribe or the third party licensor. Any use of the Software is subject to the terms of the applicable end-user or open source license agreement.

All evaluation Software is provided “AS IS” for evaluation and internal use only.  You may not use evaluation Software for commercial, development or production purposes.  In addition, evaluation Software may be time-disabled and may cease to operate after a period of time.

Trademarks

Tomitribe reserves all rights to its trademarks, service marks and logos and will be collectively referred to as “Tomitribe Marks”.

No employee or other representative of Tomitribe is authorized to grant permission to use Tomitribe Marks or to provide guidance in their use, unless licensed within a formal written agreement.  Thus, any promise or other representation with respect to Tomitribe Marks by a Tomitribe employee in the absence of a formal written agreement cannot be relied upon.

The Tomitribe Marks are highly valued intellectual property, and therefore Tomitribe will take the necessary steps to guard against dilution and the use of third-party marks which are confusingly similar to Tomitribe Marks or which are likely to cause confusion with Tomitribe Marks.

If a formal written agreement licenses one or more of the Tomitribe Marks, unless the agreement provides other authorization, the use will be in accordance with the guidelines posted at:
http://www.Tomitribe.com/legal/Tomitribe_Corporate_Logo_Guidelines.pdf.

Tomitribe does not object to the use of the Tomitribe Marks (other than logos) to refer specifically to the products of Tomitribe.  However, a purely referential use or nominative fair use of the Tomitribe Marks must be in plain text.  Qualified legal counsel should be consulted in order to distinguish a referential use from an infringing use.

In the United States, registered Tomitribe Marks should be designated by the symbol “®”, while unregistered Tomitribe Marks should be identified by a “™” designation.  The Tomitribe Marks must be used as adjectives, rather than as nouns or verbs.

Linking to Tomitribe Website

Linking to the Tomitribe Website (including an internal or subsidiary page of any website comprising a part of the Tomitribe Website) must be approved in writing by Tomitribe, except a limited, revocable right to create a hyperlink to the website is granted under condition that the website on which the hyperlink resides:

  1. does not utilize content of a Tomitribe Website;
  2. does not utilize a Tomitribe logo;
  3. does not use framing of a Tomitribe Website;
  4. does not misrepresent an affiliation or other relationship with Tomitribe;
  5. does not misrepresent any possible endorsement by Tomitribe;
  6. does not contain content that could be construed as illegal, distasteful, offensive or controversial; and
  7. is promptly modified to delete the hyperlink upon request by Tomitribe.

Copyright

Except where otherwise specified, the contents of the Tomitribe Website are copyright (c) 2013 Tomitribe, Corporation, 1519 6th Street, suite 503, Santa Monica, CA 90401, USA. All rights reserved.

The contents of the Tomitribe Website are subject to protection under U.S. and foreign copyright laws. You may not copy or distribute any portion of the Tomitribe Website, except as necessary to view the Tomitribe Website.

Please direct any questions or comments to Tomitribe

Links to Third Party Sites

Links on the Tomitribe Website to third-party websites are provided solely for your convenience. If you access those links, you will leave the Tomitribe Website. Tomitribe does not endorse or make any representations about such third party websites, and Tomitribe is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. Tomitribe does not control those websites, and Tomitribe is not responsible for the contents of any third-party websites, any links contained in third-party websites or any changes or updates to third-party websites.

Indemnification

You agree to indemnify, defend and hold harmless Tomitribe and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or software’s) use of the Tomitribe Website or violation of these Terms. Tomitribe reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Tomitribe’s defense of such claim, and in no event may you agree to any settlement affecting Tomitribe without Tomitribe’s written consent.

Electronic Communications

When you visit the Tomitribe Website or send e-mails to Tomitribe, you are communicating with Tomitribe electronically. We may respond to you by e-mail or by posting notices on the Tomitribe Website. You agree that all such notices, disclosures and other communications that Tomitribe provides to you electronically satisfy any legal requirement that such communications be in writing.

United States Government Rights

All Tomitribe products and publications are commercial in nature. The software, publications and software documentation available on the Tomitribe Website are “Commercial Items,” as that term is defined in 48 C.F.R.§2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are defined in 48 C.F.R. §252.227-7014(a)(1) and 48 C.F.R. §252.227-7014(a)(5), and used in 48 C.F.R. §12.211, 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable. Pursuant to 48 C.F.R. §12.211, 48 C.F.R. §12.212, 48 C.F.R.§252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-19 and other relevant sections of the Code of Federal Regulations, as applicable, Tomitribe’s publications, commercial computer software and commercial computer software documentation are distributed and licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in the license agreements that accompany the products and software documentation and the terms and conditions herein.

Disclaimers

Information on the Tomitribe Website is not promised or guaranteed to be correct, current or complete, and the Tomitribe Website may contain technical inaccuracies or typographical errors. Tomitribe assumes no responsibility (and expressly disclaims responsibility) for updating the Tomitribe Website to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in the Tomitribe Website. Tomitribe provides no assurances that any reported problems will be resolved by Tomitribe, even if Tomitribe elects to provide information with the goal of addressing a problem.

ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE TOMITRIBE WEBSITE ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. TOMITRIBE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TOMITRIBE MAKES NO WARRANTY THAT THE TOMITRIBE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE TOMITRIBE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

Limitation of Liabilities

IN NO EVENT WILL TOMITRIBE BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF US$100.00, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE TOMITRIBE WEBSITE OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THESE WEBSITES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF TOMITRIBE HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusion of Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that Tomitribe may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Tomitribe’s liability shall be the minimum permitted under such applicable law.

Legal Contact Information
Should you have any inquiries about these Terms, the licensing or usage of Tomitribe trademarks, or Tomitribe copyrighted materials, you may contact the Tomitribe Legal Department at [email protected].

These Terms of Service were last updated on September 13, 2013.