Acceptance of Terms
The following are terms of a legal agreement between you and Toyo Ink International (herein "Toyo") and its affiliates. By accessing, browsing and/or using this web site located at http://www.toyoink.com/ and/or web sites of any Toyo Ink International affiliate (collectively the "Toyo Site"), 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 U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. In using this, you represent and warrant that you are at least 18 years of age and have any and all permissions necessary to enter into and be bound by this agreement.
The material provided on this Toyo Site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in all material provided on this Toyo Site is held by Toyo or by its respective manufacturers, authors, developers and vendors (the "Third Party Providers"). Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Toyo or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Toyo Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without Toyo's permission, "mirror" any material contained on this Toyo Site on any other server. You acknowledge that nothing on this Toyo Site shall be construed as conferring any license to you from Toyo, its subsidiaries, or affiliates or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise, and agree that you have sole responsibility for obtaining such licenses by separate written agreement. Any unauthorized use of any material contained on this Toyo Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Software Use Restrictions
You acknowledge that any software and related documentation that may be available to download from the Toyo Site (the "Software") is the copyrighted work of Toyo, its subsidiaries, affiliates, or suppliers. You agree that use of the Software is governed by the terms of the license agreement which accompanies or is included with the Software (the "License Agreement"). Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, THE SOFTWARE IS PROVIDED TO YOU ON AN "AS-IS" AND "WHERE-IS" BASIS, AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED.
Submission of Unsolicited Ideas
It is Toyo standard corporate practice that confidential or proprietary information from you not be submitted through this Toyo Site or by email. If you transmit such information in contravention of Toyo standard corporate practice, any material, information or idea you transmit to Toyo by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Toyo or its affiliates without compensation to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, unless otherwise agreed in writing by an authorized Toyo representative.
Submission of Personal Information
Access from Outside the U.S.
This Toyo Site is controlled and operated by Toyo from its offices within the United States. Toyo makes no representation that materials in the Toyo Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Toyo Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If you use this Toyo Site from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. You acknowledge and agree that the content of the Toyo Site or other materials available through this Toyo Site (the "Materials") may be subject to the U.S. Export Administration Laws and Regulations, as well as export laws of other countries, and that diversion of such Materials contrary to U.S. law or the law of other applicable countries is prohibited. You agree that none of the Materials, nor any direct product, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the U.S. Government (or other relevant government) for such purposes. You agree to comply strictly with all export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOYO SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL TOYO BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF TOYO HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE A CLAIM OF ANY NATURE AGAINST TOYO FOR LOST DATA, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD TOYO ENTIRELY HARMLESS FROM, AND YOU COVENANT NOT TO SUE TOYO, OR ITS AFFILIATES, SUCCESSORS OR ASSIGNS, FOR, ANY CLAIMS RELATED TO THE TOYO SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
ALL INFORMATION IS PROVIDED BY TOYO ON AN "AS IS" AND "AS AVAILABLE" BASIS ONLY. TOYO PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.
Toyo respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Toyo's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- a description of where the material that you claim is infringing is located on the Toyo Site, including the URL;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Toyo's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
Toyo Ink International Corp., Legal Department, 610 Fifth Avenue, Suite 305, New York, NY 10020.
Choice of Law
Any claim relating to, and the use of, this Toyo Site and the materials contained herein is governed by the laws of the state of New York without regard to conflicts of laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in New York, NY, for the resolution any and all disputes arising out of or relating to your use of the Toyo Site. You further agree and covenant not to bring suit in any other jurisdiction.