Tozai Games Website Terms of Use
Last Updated:Â March 24, 2010
Welcome to the Tozai, Inc. (“Tozai”) games online website at www.tozaigames.com or www.sync-ball.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 (http://www.tozaigames.com/sync-ball/privacy-statement/) 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: Â Â Â Â 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.