Terms of Use
TOTO & ROY
Inc. (Totonroy.com) Terms of Use!
TERMS OF USE
This website,
located at www.totonroy.com or any of our affiliated sites including mobile
and/or Internet applications or "apps" (collectively, the
"Site"), is provided by TOTO & ROY, Inc. (TOTO & ROY,
"we," "our," or "us") to the person accessing this
Site ("you," "your").
1. You Agree to
These Terms by Using This Site
Your access to,
and use of, this Site is subject to the following Terms of Use and all
applicable laws and regulations. By accessing and using the Site, you accept,
without limitation or qualification, these Terms of Use. TOTO & ROY may, at
any time and without notice, modify these Terms of Use by revising them on the
Site. Your continued use of the Site constitutes your acceptance of any such
revisions. You should therefore periodically visit this page to review the
current Terms of Use. You cannot modify these Terms of Use. These Terms of Use
only can be modified in a writing signed by TOTO & ROY. If you do not agree
and accept, without limitation or qualification, these Terms of Use, you must
stop your use and exit the site immediately.
2. Permitted Use
of the Site; Termination
The information
and materials on this Site are provided for general informational purposes. You
may use this site solely for the purpose of learning about and/or purchasing TOTO
& ROY or its services and products. You may not use, reproduce, or
distribute the text, graphics, downloads, tools, or any other content on this
Site for any other purpose. This site is not directed at children and you may
not use this site if you are under the age of thirteen years of age.
You agree that TOTO
& ROY may, without cause or prior notice, and without liability to you or
any third party, immediately terminate your TOTO & ROY membership, any
promotion, accumulated reward or virtual currency associated with your
membership and/or email address, access to your membership page,
access/participation in any special marketing groups, access to our blog,
access to or participation in any promotions or contests, or access to any of
our social networking pages, in accordance with the these Terms of Use. Any
suspected fraudulent, abusive, or illegal activity that may be grounds for
termination of your membership may be referred to appropriate law enforcement
authorities. These remedies are in addition to any other remedies TOTO &
ROY may have at law or in equity.
Cause for such
termination shall include, but not be limited to, (a) breaches or violations of
the Terms of Use or other incorporated agreements or guidelines, (b) requests
by law enforcement or other government agencies, (c) a request by you
(self-initiated membership deletions), (d) discontinuance or material
modification to the Site (or any part thereof), (e) technical or security
issues or problems, (f) inactivity, (g) engagement by you in fraudulent or
illegal activities, (h) nonpayment of any fees owed by you in connection with
the Site, and/or (i) no cause at all.
Termination of
your TOTO & ROY membership includes (a) removal of access to all offerings
and features on the Site, (b) deletion of your password and all related
information, files, and content associated with or inside your membership page
(or any part thereof), and (c) barring of further use of your membership.
Further, you agree that all terminations for cause shall be made in TOTO &
ROY's sole discretion and that TOTO & ROY shall not be liable to you or any
third party for any termination of your membership, any associated email
address, or access to your membership.
You may
terminate your membership, this Agreement, and your right to use your
membership at any time and for any reason or no reason, by contacting us at: totonroyeng@gmail.com
3.
User-Submitted Content
The Site may,
from time to time, offer interactive features that allow users to submit
content to the Site. TOTO & ROY does not and cannot review all such
content, and is not responsible for such content.
You acknowledge
that by providing the ability to view and distribute user-generated content on
the Site, TOTO & ROY is merely acting as a passive conduit for such
distribution and is not undertaking any obligation or liability related
thereto. By submitting any user-generated content, you represent and warrant
that: (a) you are the sole creator and/or author of any such content including
any intellectual property rights therein, or before posting, you obtained from
the copyright owner the right to use and authorize TOTO & ROY to use; (b)
you hereby waive any moral rights you may have in such user-generated content;
(c) and all such content is true and accurate; and (d) you are the person
appearing in any photograph or content uploaded. In any event, TOTO & ROY
reserves the right to block or remove communications or materials that it
determines to be unacceptable to TOTO & ROY in its sole discretion.
By submitting
any user-generated content, you hereby grant TOTO & ROY (1) a perpetual,
irrevocable, royalty-free, transferable right and license to use, copy, modify,
delete in its entirety, adapt, publish, translate, create derivative works
from, and/or sell and/or distribute such content and/or incorporate such
content into any form, medium, or technology throughout the world without
compensation to you; and (2) the rights to publicity to use your name and/or
likeness. If you are between the ages of 13 and 17 (i.e., not yet 18), you
represent and warrant that you have your parents' permission to make such
grants. All content that you submit may be used at TOTO & ROY's sole
discretion without any obligation of confidentiality.
Harassment in
any manner or form on the Site, including via email, chat, or by use of obscene
or abusive language, is strictly forbidden. Impersonation of others, including
a TOTO & ROY employee, host, or representative, as well as other members or
visitors on the Site is prohibited. You may not upload to, distribute, or
otherwise publish through the Site any content which is false, misleading,
inaccurate, libelous, defamatory, obscene, threatening, invasive of privacy or
publicity rights, abusive, illegal, or otherwise objectionable in a manner in
which may constitute or encourage a criminal offense, violate the rights
(including intellectual property rights or rights of publicity or privacy) of
any party, or which may otherwise give rise to liability or violate any law.
4. Interaction
with other Users
You alone are
responsible for your involvement with other users. If you have a dispute with
one or more users, you irrevocably and forever release TOTO & ROY (and TOTO
& ROY's officers, directors, agents, subsidiaries, joint ventures, and
employees) from claims, demands, and damages (actual and consequential) of
every kind and nature, known and unknown, arising out of or in any way
connected with such disputes.
5. Notice;
Electronic Communications
When you visit
this Site, send emails to TOTO & ROY, or when we post notices on our site
or services or communicate with you via email, you are communicating with us
electronically. This section informs you of your rights when receiving
electronic communications from us. By accessing and using the Site, you consent
to receive communications from us electronically. You agree that all notices,
disclosures, agreements, and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in
writing. Your consent to receive communications and do business electronically,
and our agreement to do so, applies to all of your interactions and
transactions with TOTO & ROY.
We may also use
your email address to send you other messages, such as changes to features of
our service, newsletters, and additional email messages about our products,
services, contests, and promotions that we feel may be of interest to you. If
you no longer wish to receive these types of promotional communications from
us, you may select the unsubscribe link which is present in each email. You may
also customize your communication preferences by accessing the email preference
center in your TOTO & ROY Membership Page and adjusting your settings
accordingly. Opting out may prevent you from receiving email messages regarding
special offers, improvements, or other updates.
Please keep us
informed of any changes in your email address so you may continue to receive
our communications without interruption.
6. Privacy
TOTO & ROY's
Privacy Policy is incorporated and made part of these Terms of Use. You hereby
agree to such Privacy Policy. Any personal data (for example, your name,
address, telephone number or email address) you transmit to the Site by
electronic mail or otherwise will be used by TOTO & ROY in accordance with
the Privacy Policy. Any other communication or material you transmit to the
Site, such as questions, comments, suggestions, or the like, will be treated as
non-confidential and non-proprietary. We encourage you to read our Privacy Policy for more
details.
7. Practices;
Typographical Errors; Colors
You acknowledge
that TOTO & ROY may establish general practices and limits concerning use
of any content, including without limitation the maximum number of days that
email messages, message board postings, or other uploaded content will be
retained, the maximum number of email messages that may be sent from or
received by a membership account, the maximum size of any email message that
may be sent from or received by a membership account, the maximum disk space
that will be allotted on TOTO & ROY's servers on your behalf, and the
maximum number of times (and the maximum duration for which) you may access
your membership in a given period of time. You agree that TOTO & ROY has no
responsibility or liability for the deletion or failure to store any messages
and other communications or other content maintained or transmitted. You
acknowledge that TOTO & ROY reserves the right to log off, delete, or
disable memberships that are inactive for an extended period of time. You further
acknowledge that TOTO & ROY reserves the right to modify these general
practices and limits from time to time.
In the event
that a product is mistakenly listed at an incorrect price or with incorrect
specifications, TOTO & ROY reserves the right to refuse or cancel any
orders placed for product listed incorrectly, whether or not the order has been
confirmed and your credit card charged. If your credit card has been charged
for the purchase and your order is cancelled, TOTO & ROY shall issue a
credit to your credit card account in the amount of the incorrect price
charged. In no event shall TOTO & ROY be obligated to provide you the
merchandise at the incorrect price.
The colors shown
on the Site may be influenced by the settings of your computer or your monitor.
Accordingly, TOTO & ROY makes no guarantees that any actual colors of
products or features will be true or accurate.
8. Disclaimer -
Warranty
THIS SITE, ITS
CONTENT, AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED "AS
IS." TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TOTO
& ROY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TOTO & ROY
does not represent or warrant that the functions contained in the Site will be
uninterrupted or error-free, that the defects will be corrected, or that this
Site or the server that makes the Site available are free of viruses or other
harmful components. TOTO & ROY does not make any warranties or
representations regarding the use of the materials in this Site in terms of
their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or
otherwise. Some states do not permit limitations or exclusions on warranties,
so the above limitations may not apply to you.
9.
Indemnification
You agree to
indemnify, defend, and hold harmless TOTO & ROY, its officers, directors,
employees, agents, licensors, and suppliers from and against all losses,
expenses, damages, and costs, including reasonable attorneys' fees, resulting
from any violation of these Terms of Use or any activity related to your
membership (including negligent or wrongful conduct) by you or any other person
accessing the Site using your Internet account. You are responsible for
protecting and not disclosing your user name and password to others.
10. Limitations
of Liability
YOUR USE OF THE
SITE IS AT YOUR OWN RISK. NEITHER TOTO & ROY, NOR ANY OF ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY
INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS
SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF
ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit
limitations or exclusions on warranties, so the above limitations may not apply
to you.
11. Third-Party
Links
In an attempt to
provide increased value to our visitors, TOTO & ROY may link to sites
operated by third parties. However, even if the third party is affiliated with TOTO
& ROY, TOTO & ROY has no control over these linked sites, all of which
may have separate privacy and data collection practices, independent of TOTO
& ROY. These linked sites are only for your convenience and therefore you
access them at your own risk. Without limiting the foregoing, TOTO & ROY
specifically disclaims any responsibility if such sites: infringe any third
party's intellectual property rights; are inaccurate, incomplete or misleading;
are not merchantable or fit for a particular purpose; do not provide adequate
security; contain viruses or other items of a destructive nature; or are
libelous or defamatory.
TOTO & ROY
does not endorse the content, or any products or services available, on such
sites. Nonetheless, TOTO & ROY seeks to protect the integrity of its
website and the links placed upon it and therefore requests any feedback on not
only its own Site, but for sites it links to as well (including if a specific
link does not work). Any feedback you provide shall be non confidential and non
proprietary.
12. Intellectual
Property
Unless otherwise
noted, the design of the Site, the Site as a whole, and materials that are part
of the Site (collectively, 'Contents') are copyrights, trademarks, trade dress,
or other intellectual property owned, controlled, or licensed by TOTO & ROY
or its affiliates. The Contents, including its trademarks such as TOTO
& ROY and totonroy may not be used by you for any commercial purpose without TOTO &
ROY's written consent.
Copyright
2016-5, TOTO & ROY, Inc. ALL RIGHTS RESERVED.
All software
used on this Site is the property of TOTO & ROY or its software suppliers
and protected by copyright laws and may not be used for any purpose by you. You
agree not to change or delete any proprietary notices from materials printed or
downloaded from the Site.
13. Copyright
Complaints
If you believe
that your copyright or other rights have been infringed, please provide the
following information to our Designated Agent who can be reached by email at totonroyeng@gmail.com
:
(i) an
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright or other interest;
(ii) a
description of the copyrighted work or other work that you claim has been
infringed;
(iii) a
description of where the material that you claim is infringing is located on
the TOTO & ROY's website;
(iv) your
address, telephone number, and email address;
(v) a written
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;
(vi) a statement
by you that the information in the notification is accurate, and under penalty
of perjury, that you are the copyright owner or are authorized to act on the
copyright owner's behalf.
14. Export
Control
Software and
other materials from this Site may be subject to South Korea Export Control.
The South Korea Export Control laws prohibit the export of certain technical
data and software to certain territories. No software from this Site may be
downloaded or exported: into (or to a national or resident of) Cuba, Iraq,
Libya, North Korea, Iran, Sudan, Syria, or any other country to which the South Korea has embargoed goods; or anyone on the South Korea Treasury
Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders.
TOTO & ROY
does not authorize the downloading or exportation of any software or technical
data from this Site to any jurisdiction prohibited by the South Korea Export
Control Laws.
15. Law and
Jurisdiction
this agreement
is governed by the laws of the Republic of Korea. and you hereby
consent to the exclusive jurisdiction and venue of Supreme Courts in Republic of Korea.
in all disputes arising out of or relating to or concerning these Terms of
Use and/or the Site or in which these Terms of Use and/or the Site of TOTO
& ROY (Totonroy.com) are a material fact.
16. Assignment
TOTO & ROY
may assign its rights and duties under these Terms of Use to any party at any
time without notice to you.
17. Referral
Program
TOTO & ROY
may offer you the opportunity to earn referral credits or other benefits by
referring friends to join. Those credits and/or benefits may be awarded to the
referrer for qualified referrals that result in new TOTO & ROY members who
make at least one qualified purchase. Referrals of existing TOTO & ROY
members or anyone who previously had a TOTO & ROY account will not count
towards your eligibility to earn referral credits. Members are eligible to
receive referral credits for a qualified referral only if the referred customer
participates using the unique referral link embedded in the referral email.
Referral credits are not property, have no cash value, and can only be used in
connection with making a purchase on the Site. Referral credits are not
transferable, assignable, or sellable, are not gift certificates, and cannot be
used to purchase gift certificates. Referral credits expire 24 months after
they are granted.
TOTO & ROY
reserves the right to revoke referral credits if we determine that you have
engaged in fraudulent referral activity (e.g. inviting yourself to join with a
fake email address, using spam to obtain referrals, or acquiring referrals
through unsolicited email to persons unknown to you) or if you have otherwise
violated our Terms of Use, if we terminate your membership, or if you do not
comply with any of these guidelines.
Referral credits
are granted at TOTO & ROY's sole discretion. We reserve the right to amend
these guidelines and the methods through which referral credits or other
benefits are earned at any time without notice to you. For more information
about the referral program, please review the full Terms and Conditions for the
referral program at FAQ.
18. Rewards
Rewards,
referral credits, and other forms of virtual currency provided to you by TOTO
& ROY or its partners for use on totonroy.com (collectively Rewards) are
not transferable and may not be combined with Rewards belonging to others. At
no time may you purchase, sell, or barter any Rewards. Rewards have no cash
value. They are promotional in nature and are issued without any exchange of
money or value from you. As such, Rewards do not constitute property and you do
not have a vested property right or interest in the Rewards. Rewards will
expire 24 months after the date of issuance, unless otherwise stated by TOTO
& ROY. We reserve the right at any time in our discretion, and without
prior notice, to discontinue the Rewards program or to add or change Rewards
program rules, terms or conditions, including changing expiration periods or
Rewards values for existing or future Rewards.
19. Privacy Policy
totonroy.com requests and collects personal information from our customers at various site locations and instances, including, but not limited to, when you create a totonroy.com membership, make a purchase, communicate with us via social media, write a product review, create a wish list, participate in events, contests, or promotions, contact our customer care team, or post other customer-generated content to this Site. These are currently the primary ways in which we gather information, however, we may also collect data through other channels in the future.The types of personal information we may collect from you can vary according to the method through which it was attained. It may include, but is not limited to, the following:Information We Collect & How We Use It
1.
Information You Provide to Us
2. We receive and
store any information you knowingly provide to us, such as:
- Full name
- Email address
- Phone number
- Shipping address
- Billing information and payment details (such as billing address, credit card
details, and other sensitive financial information, specifically for the
purpose of completing your transaction)
- Username and password for your totonroy.com membership
- A record of your totonroy.com orders, purchase history, and shopping behavior
and preferences
- Information provided by you through your interactions with us in social media
- Location and geographic information that could be collected if you use our mobile
site or app.
- Other details that you may submit to us or that may be included in the
information provided to us by third parties.
- Additionally, when you select to email a friend your wishlist or tell a
friend about totonroy.com, we request their email address from you to send them
a one-time email. We do not share your friends email information for any other
purposes unless that friend creates a membership to totonroy.com.
3. Information
Collected Automatically
4. We use
third-party website analytics tools (including Google Analytics) that
automatically collect non-personally identifiable information from your browser
to our server logs whenever you interact with our Site. Such information
includes, but is not limited to, IP address, pages viewed, site navigation
patterns, details about the devices used to access the Internet and our Site,
and geo-location tracking information if you are accessing our Site from a
mobile device. It is obtained by automated means, such as cookies and web
beacons. Cookies are text files that are transferred to your computer's hard
drive as you navigate our Site and other sites. We use cookies to help us show
advertisements on other websites likely to be more interesting to you; to
compile aggregate data about site traffic and site interaction; and to help us
understand your preferences based on previous or current site activity, which
enables us to provide you with improved services, site experiences, and tools
in the future. You may be able to adjust the preferences on your browser or
device to change your devices acceptance of cookies, but doing so may limit our
ability to provide content tailored to you.
We may collect and store non-personally identifiable usage information
(including frequency and number of visitors to our Site). Such data is used
only in aggregate form and in a manner that assures your anonymity. We may
provide this anonymous, aggregate information to our partners; and our partners
may additionally use such information in order to determine general usage
patterns and trends in an effort to provide you with an improved online
experience.
5. Email &
Other Communications
6. We may contact
you via email to send you necessary order-related messages, such as order
confirmation and shipment confirmation notices.
We may also send you newsletters and additional email messages about our
products, services, contests, and promotions that we feel may be of interest to
you. If you no longer wish to receive these and other promotional
communications from us, you may select the unsubscribe link which is present in
each email. You may also customize your communication preferences by accessing
the email preference center in your TOTO & ROY
membership page and adjusting your settings
accordingly.
7.
How We Use Your Information
8. All of the
personal information we collect from our customers is for the purpose of the
reasoning described above (see sections b & c), as well as:
- processing, verifying, validating, and completing your transaction
- creating, managing, and maintaining your membership to this Site
- providing requested live customer support and services
- record keeping of your purchase history
- enabling communication via our Site, blog, and social networks
- managing your participation in contests and promotions
- sending email as appropriate (See Section c: Email & Other
Communications)
9. Under 13?
10.totonroy.com is
intended for users who are 13 years of age and older. If you are under the age
of 13, you are not permitted to submit any personal information to totonroy.com.
We will promptly delete any personal information from a person under the age of
13 should we discover that we have collected such information from a person
under the age of 13 without verification of parental consent. If you believe we
may have collected information from a person under the age of 13, please
promptly contact totonroyeng@gmail.com so we can correct.
2. totonroy.com
does not share the personal information of its users with any unaffiliated
third parties for their promotional purposes. We share your personal
information with unaffiliated third parties only as described below:Information
Sharing
1.
Payment, Shipping, Referral, & Other
Programs
2. We use a third
party payment processor and a third party shipping agent to ensure the payment
and delivery of your purchased products. We also use a third party to administer
our referral program. We may use other third parties for other services from
time to time. These third parties have no authority to use your personal
information for their own promotional purposes.
3. Legal Disclosure
4. We reserve the
right to disclose personal information to our service providers, the
government, law enforcement agencies, or other third parties under certain
circumstances where a formal request has been made (such as in responding to a
court order, subpoena, or judicial proceeding) as TOTO & ROY (Totonroy.com),
in our sole and absolute discretion, deems necessary and appropriate. Moreover,
in the event of a sale, merger, or transfer of some or all of TOTO & ROY (Totonroy.com)'s
assets, or dissolution or bankruptcy, your personal information may be
transferred to an unaffiliated third party as part of or apart from other
transferred assets or assets. Any transfer will then be governed by and be the
responsibility of any purchaser of or successor to the transferred assets or
assets. We shall notify you by a notice on the home page of any change in the
information practices governing your personal information as a result of any
transfer of assets or any asset change in ownership, and your choices in how
your information is used.
5. Links to Third
Party Websites
6. This Site
contains links to other websites. TOTO & ROY (Totonroy.com) takes no
responsibility for the privacy practices or the content of these other
websites. We encourage you to read the privacy policies of each website you
visit prior to disclosing your personal information.
7.
User-Generated Content & Information
Disclosure
8. Any personal
information or image content you voluntarily disclose online in a manner that
other users can view (including, but not limited to: product reviews, comments,
on social media pages, in connection with contests and promotions, and on the TOTO
& ROY tumblr blog) becomes publicly available, and can be read, collected,
and used by other members of this forum to send you unsolicited messages. Your
membership name, email, or other information may also be displayed when you
post comments or upload images throughout the Site. TOTO & ROY (Totonroy.com)
is not responsible for the personal information users select to disclose in
these forums.
3. TOTO & ROY (Totonroy.com)
utilizes some of the most advanced technology available today for Internet
security purposes. When you access our checkout using industry standard Secure
Socket Layer (SSL) technology, your information is protected with both server
authentication and data encryption, ensuring that your data is safe, secure,
and available only to TOTO & ROY. Our site is verified by BigCommerce and
uses Cafe24.com for all of our secure credit card transactions. In addition, totonroy.com
is hosted in a secure server environment that uses a firewall and other
advanced technology to prevent interference or outside access to keep us all
safe! How We Protect Your Information
4. Accessing Your
Personal Information & Preferences
You can access, update, or change your personal information and communication
preferences by signing into your TOTO & ROY
membership page and modifying your preferences at
your discretion.
You can choose not to provide us with any or all of the information we specify
or request, but then you may not be able to create a membership with us or to
take advantage of some or all of our features.
5. Privacy Policy
Updates
TOTO & ROY may, at any time and without notice, modify and update this
Privacy Policy by revising it on the Site. Your continued use of the Site constitutes
your acceptance of any such revisions. You should therefore periodically visit
this page to review the current Privacy Policy.
Last updated June 5, 2016
20. Questions
and feedback
We welcome your
questions, comments, and concerns about this Site. Please send us any and all
feedback pertaining to this Site to totonroyeng@gmail .com