Toshitomo Co., Ltd. and its affiliates and subsidiaries provide our products and services to you subject to the following terms and conditions (“Terms and Conditions”). These Terms and Conditions apply to TOSHITOMO and the website under the domain name wodata.com (the “Site”). By accessing, viewing and/or using the Site, you acknowledge and understand that these Terms and Conditions are the legal equivalent of a signed, written contract, and you accept and agree to be bound by these Terms and Conditions. TOSHITOMO reserves the right to change our policies and procedures from time to time, in our sole discretion, and your continued use of the Site following any changes will be deemed to constitute acceptance of the changes. If any term or condition is deemed invalid, void or for any reason unenforceable, that term or condition is deemed severable and does not affect the validity and enforceability of any remaining term or condition. As used throughout these Terms and Conditions, the terms “you” and “your” mean the person(s) accessing, viewing or using the Site. “Our” means Toshitomo Co., Ltd.
Your UserName and Password
When you register to use the Site, you will be prompted to set up your username and password when you log onto the Site for the first time. If you have problems accessing the Site, please email Customer Service at firstname.lastname@example.org or contact Customer Service at (02) 974-55-73. You should make certain that your password is not easy to guess and treat your user name and password with the same degree of care that you use to protect other sensitive financial information. You agree not to give, or make available, your user name or password to any other person. You agree to notify TOSHITOMO immediately if your username or password is misused, lost, misplaced or disclosed without your permission by emailing Customer Service at email@example.com or contacting Customer Service at (02) 974-55-73.
If you use the Site, you are responsible for maintaining the confidentiality of your TOSHITOMO account and your username and password. You agree to accept responsibility for all activities related to your account, username or password. TOSHITOMO reserves the right to terminate your account or access to the Site in our sole discretion.
If you are not a registered user and you place an order on the Site, TOSHITOMO has the right to disregard this order, without notifying you.
The works of authorship contained on the Site, including, but not limited to, all design, text, graphics, sound recordings, images and logos (collectively “Copyrights”), are owned, except as otherwise expressly stated, by TOSHITOMO and are protected by Bulgarian and international copyright laws and regulations. In addition, TOSHITOMO owns a copyright to the Site as a collective work or compilation, and in the selection, coordination, enhancement and arrangement of the content of the Site. Except as otherwise expressly stated herein, the Copyrights may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of TOSHITOMO. TOSHITOMO does not grant any express or implied rights to you in the Copyrights and enforces its intellectual property rights to the fullest extent of the law. The entire contents of the Site are copyrighted © Toshitomo Co., Ltd. 2003-2014.
The nameTOSHITOMO and any other names, graphics, logos, service marks and icons identifying TOSHITOMO and its affiliates on the Site, or TOSHITOMO products or services (collectively the “Marks”) are proprietary trademarks of TOSHITOMO. The Marks included in the Site are protected by trademark, trade dress and other laws and may not be copied or imitated in whole or in part in any manner without the prior written consent of TOSHITOMO. All other trademarks not owned by TOSHITOMO that appear on the Site are the property of their respective owners, and you are not permitted to use the trademarks without the prior written consent of the respective owner. Except as expressly provided in the License and Site Access section, nothing contained in these Terms and Conditions may be construed as granting or permitting any right to use the Marks.
License and Site Access
Your continued compliance with these Terms and Conditions provides you with a limited, personal, revocable, nonexclusive, nontransferable license to use the Site. This license does not include any resale rights or the right to make commercial use of the Site or their contents. You are authorized to electronically download or copy the materials published on these Site solely for your personal, noncommercial informational use. Any contents of the Site which are downloaded must include the copyright notice set forth in the Copyrights section of these Terms and Conditions. You acknowledge that you do not acquire any ownership rights in the Copyrights or Marks by downloading copyrighted and/or trademarked contents. Except as expressly provided herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, duplicate, frame, deep link, or otherwise use any information or contents obtained from or through the Site without the prior written permission of the owner of the respective contents. As a condition of your access, view and/or use of the Site, you agree that you will not access, view or use the Site for any purpose that is unlawful, unauthorized or inconsistent with these Terms and Conditions and any applicable laws or regulations, and you agree that the limited license granted you in this section will terminate immediately upon your violation of this agreement. TOSHITOMO reserves the right to terminate your access to the Site and their contents at any time, with or without cause or notice, in our sole discretion.
TOSHITOMO is not responsible or liable if or when your access to the Site is or becomes delayed, limited, slow or otherwise unavailable due to any reason, including hardware or software failure; overload of system capacities; damage caused by severe weather, earthquakes, hurricanes, natural disasters or other acts of God; wars, insurrections, riots, acts of terrorism; interruption of power or other utility services; strikes or other work stoppages; governmental or regulatory restrictions; court or administrative orders or rulings; or any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of TOSHITOMO. Furthermore, TOSHITOMO is not liable for any computer viruses, malicious code or other defect in the Site or incompatibility among the Site, files and your browser or other site accessing program.
When you visit the Site or send e-mails to TOSHITOMO, you are communicating with TOSHITOMO electronically and agree to receive communications from TOSHITOMO electronically. TOSHITOMO will communicate with you by e-mail or by posting notices on the Site. You agree that all communications provided by TOSHITOMO to you electronically satisfy all legal requirements that the communications be in writing.
TOSHITOMO welcomes your comments, suggestions, ideas or questions about the Site or any of the products or services offered by TOSHITOMO. You agree that comments, ideas, suggestions or other information (collectively “Submission(s)”) that you provide to TOSHITOMO in any manner (whether verbally or in writing), including those about any of our products, services or the Site (including the personal name that you provide TOSHITOMO with any Submission) are not confidential and may be used by TOSHITOMO without any limitation. By providing any Submission, you grant TOSHITOMO a royalty free, perpetual, irrevocable, nonexclusive right and license for TOSHITOMO to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide or act on the Submission without additional approval or consideration in any form, media or technology now known or later developed for the full term of any rights that may exist in the Submission, and you waive any claim to the contrary. You represent that you own or otherwise control all of the rights to the Submission that you provide and that use of your Submission by TOSHITOMO will not infringe upon or violate the rights of any third party.
Links to Other Site
Links to non-TOSHITOMO websites are provided solely as pointers to information on topics that may be useful to you. TOSHITOMO makes no representation or warranty, either expressed or implied, about the content of any non-TOSHITOMO websites, including but not limited to the accuracy, completeness, reliability or suitability thereof for any particular purpose. Links to non-TOSHITOMO websites do not imply that TOSHITOMO endorses, or is responsible for, the opinions, ideas, products, information or services offered by the non-TOSHITOMO websites.
You agree to indemnify, defend and hold harmless TOSHITOMO and all of its employees, agents, officers, directors, proprietors, partners, representatives, shareholders, servants, attorneys, accountants, predecessors, successors and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorney’s fees and litigation expenses) relating to or arising from your access, view and/or use of the Site or any breach by you of these Terms and Conditions.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TOSHITOMO USES REASONABLE EFFORTS TO PROVIDE YOU THE MOST CURRENT AND ACCURATE INFORMATION AVAILABLE ABOUT THE SITE AND THEIR CONTENTS INCLUDING, BUT NOT LIMITED TO, OUR PRODUCTS AND SERVICES, THE INFORMATION CONTAINED ON THESE SITE MAY INCLUDE, INACCURACIES, TYPOGRAPHICAL ERRORS OR OUTDATED INFORMATION. TOSHITOMO MAY MAKE MODIFICATIONS OR CHANGES TO THE SITE OR THEIR CONTENTS AT ANY TIME, FOR ANY REASON. TOSHITOMO ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS (INCLUDING BUT NOT LIMITED TO PRICING ERRORS) IN THE INFORMATION OR CONTENTS OF THE SITE. TOSHITOMO RESERVES THE RIGHT TO REFUSE OR CANCEL YOUR ORDER AT ANY TIME IN OUR SOLE DISCRETION, INCLUDING BUT NOT LIMITED TO (1) ANY ORDER THAT CONTAINS INCORRECT PRICING OR PRODUCT DESCRIPTIONS; OR (2) ANY ORDER THAT VIOLATES OR MAY VIOLATE APPLICABLE LAW. TOSHITOMO ALSO RESERVES THE RIGHT TO LIMIT THE PRODUCTS OR SERVICES THAT YOU PURCHASE THROUGH THE SITE.
These Site is generally accessible throughout Bulgaria and feature products and/or services that are generally available for purchase from TOSHITOMO within Bulgaria, but may not be available in your particular location. The reference to any products or services on this Site does not imply or warrant that the products or services are available in your particular location. Please contact TOSHITOMO Customer Service for specific product or service availability in your locality.
YOU EXPRESSLY ASSUME THE SOLE RISK OF ACCESSING, VIEWING AND/OR USING THE SITE AND THEIR CONTENTS. TOSHITOMO MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION OR ACCURACY OF THE SITE AND THEIR CONTENTS FOR ANY PURPOSE, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS. THE SITE AND THEIR CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS TOSHITOMO OR OUR VENDORS LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF YOUR ACCESS, VIEW AND/OR USE OF THE SITE OR THEIR CONTENT (INCLUDING BUT NOT LIMITED TO YOUR ABILITY TO ACCESS, VIEW AND/OR USE THE SITE OR THEIR CONTENT), REGARDLESS OF WHETHER TOSHITOMO HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING OR THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
By accessing, viewing and/or using this Site, you agree that all matters relating to these Terms and Conditions, and your access, view and/or use of the Site shall be governed by the laws of Bulgaria, Sofia without regard to the conflicts of laws principles. Any action to enforce these Terms and Conditions will be brought in the courts presiding in Sofia, Bulgaria and you expressly agree to be subject to the personal jurisdiction and venue of the courts. TOSHITOMO makes no representation that the information or content on this Site is appropriate or available for use in other locations. Your access, view and/or use of the information or content on this Site or the use or purchase of any products or services from any location where any of the contents of this Site are illegal is prohibited. If you choose to access or make purchases from these Site from other locations, you do so voluntarily and of your own accord, and you are responsible for compliance with applicable laws. These Terms and Conditions shall be subject to any other agreements you have entered into with TOSHITOMO.
You agree that if any difference of interpretation, dispute, controversy or claim (“Claim”) arises with respect to your accessing, viewing and/or using the Site and their contents, including, but not limited to, the online payment service, you will promptly make good faith efforts to negotiate a written resolution of the Claim with TOSHITOMO before taking any legal, administrative or other dispute resolution action whatsoever. You agree that if the Claim remains unresolved within forty five (45) days after the Claim arises, TOSHITOMO and you will engage in mediation to resolve the Claim using a third party mediator that is reasonably acceptable to both you and TOSHITOMO. If you file any arbitration claim, administrative/governmental agency claim or legal action of any kind against TOSHITOMO without first using good faith efforts to resolve the Claim by mediation, you agree to waive any rights you may have to recover attorneys’ fees, court costs or other legal expenses related to the Claim, even if you are otherwise entitled to recover such cost under any applicable law or regulation.
In the event that any provision contained in these Terms and Conditions is held by a court of competent jurisdiction to be contrary to any law, the remaining provisions of these Terms and Conditions will remain in full force and effect. No joint venture, partnership, employment or agency relationship exists between you and TOSHITOMO as a result of these Terms and Conditions or your access, view and/or use of this Site. The waiver by TOSHITOMO of any breach or default under these Terms and Conditions shall not constitute the waiver of any subsequent or other breach or default.