1. ACCEPTANCE OF TERMS
2. INTELLECTUAL PROPERTY
Between you and Toku, Toku is the owner of the Website, including all proprietary content, information, material, software, images, text, graphics, and all related intellectual property rights. The Website is protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws.
3. WEBSITE USAGE
a) You agree to use the Website only for lawful purposes and in accordance with these Terms.
b) You will not engage in any activity that could disrupt or interfere with the Website's operation or other users' access to the Website.
c) You will not attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website.
d) You will not use the Website to transmit or distribute any harmful, offensive, or unlawful content.
4. USER-GENERATED CONTENT
a) The Website may allow users to submit, post, or contribute content, such as comments, reviews, or feedback (“User Content”). By submitting User Content to the Website, you grant Toku a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any form, media, or technology.
b) You represent and warrant that you own or have the necessary rights, licenses, permissions, and consents to submit the User Content and grant the rights mentioned above.
c) Toku reserves the right to review, monitor, or remove User Content at its sole discretion. Toku is not responsible for the accuracy, completeness, or legality of any User Content.
d) Additionally, you agree not to post or transmit any content or information that:
i) is in violation of any law, rule, regulation, any third party right or promotes illegal activity or conduct that would contravene any law, rule or regulation or third party right;
ii) is in breach of any confidence;
iii) include personal data or information about others without obtaining the consent of the person whose data or information is being posted or transmitted; or
iv) can result in Toku being liable to anyone else under any intellectual property rights law.
5. CONTENT OF WEBSITE
a) All text, graphics, user interfaces, visual interfaces, trademarks, logos, and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Toku, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
b) You may use the information on Toku services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Toku for downloading from the Website, provided that you
i) do not remove any proprietary notice language in all copies of such documents;
ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media;
iii) make no modifications to any such information; and
iv) do not make any additional representations or warranties relating to such documents.
A) Account Registration
i) In order to access certain features or services on the Website, you may be required to create a user account. You must provide accurate, current, and complete information during the registration process. You are solely responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account.
ii) You agree to notify us immediately of any unauthorized access to or use of your account. Toku shall not be liable for any loss or damage arising from your failure to comply with this obligation.
B) Account Usage
i) You are solely responsible for all activities that occur under your account. You shall not use another user's account without their explicit permission.
ii) You agree to use the account and the Website in compliance with all applicable laws and regulations. Any unauthorized or illegal use of the account or Website is strictly prohibited.
iii) Toku reserves the right to suspend or terminate your account, at our sole discretion, if we believe that you have violated these Terms or engaged in any fraudulent, abusive, or unlawful activities.
C) Account Termination
i) Toku reserves the right to terminate or suspend your account, with or without cause, at any time and without prior notice. In such cases, you will no longer have access to your account and any associated data.
describes how your information is handled when you use the Website and services provided by Toku or engage with us. This includes how we collect, store, use and disclose your information and your rights and choices. By using the Website, you acknowledge our processing of personal data as outlined therein.
8. THIRD-PARTY LINKS
The Website may contain links to third-party websites not owned or controlled by Toku. Toku has no control over and assumes no responsibility for any third-party websites' content, privacy policies, or practices. By accessing these third-party links, you do so at your own risk, and you should review their terms and policies.
a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TOKU EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
b) TOKU MAKES NO WARRANTY THAT (I) THE WEBSITE AND SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, AND SECURE, OR THE CONTENT WILL BE ERROR-FREE, (III) THE RESULTS MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW THE EXCLUSIONS PROVIDED FOR IN THIS CLAUSE, THOSE EXCLUSIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED.
10. LIMITATION OF LIABILITY
You agree, to the extent permitted by law, to release, indemnify and hold Toku and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Website, any User Content, your connection to the Website, your violation of these Terms or your violation of any rights of another.
11. MODIFICATIONS AND TERMINATION
a) Toku reserves the right to modify or terminate the Website or these Terms at any time without prior notice.
b) When we update the Terms, we will post the changes on this page and indicate the date these terms were last revised. If you continue to use the Website after the date such changes become effective, it means you agree to the changes. If you do not agree, you must stop using the Website.
12. GOVERNING LAW AND JURISDICTION
a) These Terms shall be governed by and construed in accordance with the laws of Delaware without regard to its conflicts of laws provisions. Subject to Section 12(c) below, any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in Delaware. You agree to the personal jurisdiction by and venue in the state and federal courts in Delaware and waive any objection to such jurisdiction or venue.
b) Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.
c) In the event of any controversy or dispute between Toku and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
13. CONTACT INFORMATION
If you have any questions, concerns, or feedback regarding these Terms, please contact us at https://www.toku.com/contact