Welcome to Tsumosnacks.com! Tsumosnacks.com including all of their features and content (collectively, the “Website”) are made available by Tsumosnacks Corp. or its affiliates (“Tsumosnacks ”) and all content, information, services, designs, names, logos, text, photographs, video, audio, audiovisual works, graphics, user interfaces, and software ordered or provided on or through the Website (collectively, the “Content”) may be used solely under the following legally binding terms and conditions of use (“Terms of Use”). Your use of the Website and the services offered therein (collectively, the “Service”) constitutes your acceptance of these Terms of Use, as may be amended from time to time. If Tsumosnacks makes a material change or amendment to these Terms of Use, it will notify you by posting a notice on the Website, which amendment will be effective automatically upon the posting of such notice. You are responsible for regularly reviewing these Terms of Use. IF ANY OF THESE TERMS OF USE OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THIS WEBSITE OR THE SERVICE.
In consideration of your use of the Website and the Service, you represent that you are of legal age to form a binding contract with Tsumosnacks in connection therewith.
Notwithstanding the mobile application platform or other website, service or entity through which you access the Website and the Service, these Terms of Use are between you and Tsumosnacks only, and not with any such platform, device provider, wireless carrier, venue or any other third party. You will use the Website and the Service in compliance with the Terms of Use, Privacy Policy, and any applicable laws, rules and regulations.
1. Website Limited License.
1.1 The Website and Content are protected by copyrights, trademarks, patents, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. As a visitor to the Website you are granted a nonexclusive, non-transferable, revocable, limited license to access and use the Website and Content (and any updates thereto) in accordance with these Terms of Use. Tsumosnacks may terminate this license, or change, suspend or discontinue any aspect of the Website or the Service at any time for any reason. In addition, Tsumosnacks makes no representation or warranty that particular Content will be available (or will continue to be available) at any particular time for those accessing the Website or the Service, and Tsumosnacks is under no obligation to undergo an update of the Website or the Service to the extent any material, content and/or features contained therein or related thereto is out of date. This license terminates automatically upon any unauthorized use.
1.2 Certain features and areas of the Website may require you to register, create an account and become a Member of the Website (each, a “Member”). In order to register, you will be required to provide certain registration information (which may include a phone number, email address, mailing address, and potentially other uniquely identifying information) (collectively, “Registration Data”). You agree that this Registration Data will be true, accurate, complete, and current at all times. Registration Data and certain other information about you are subject to Tsumosnacks Privacy Policy (described in more detail below and in the Privacy Policy). You agree not to: (i) share your Registration Data with any other person; (ii) knowingly use the name, identity or email of any other person to become a Member or in connection with your use of the Website or the Service without authorization; (iii) use an email address or other designation that is profane, offensive or otherwise inappropriate (and agree that Tsumosnacks has full discretion to determine whether an email address or other designation is profane, offensive or otherwise inappropriate); or (iv) allow any third party to use your login information. You agree that you are fully and solely responsible for maintaining the confidentiality and security of, and for all uses of, your Member account and Registration Data and for all activities that occur under your Member account, including, without limitation, any transactions made through your Member account, even if such activities were not committed or authorized by you. You shall promptly notify Tsumosnacks of any breach of security by email to info@tsumosnacks.com. To the extent any features, products or services are expressly made available to Members on a “lifetime” basis, Tsumosnacks shall take reasonable steps to provide the features, products or services indefinitely; however, in the event Tsumosnacks ceases to exist, the Tsumosnacks cannot guarantee that it will be able to, and makes no representations on its ability to, provide the features, products or services on a continual basis to any current or former Member.
1.3 Tsumosnacks reserves the right, in its sole discretion, to disable or terminate your Member account and refuse any and all future use of the Website and or the Service, including but not limited to if Tsumosnacks learns, or if Tsumosnacks has reasonable grounds to suspect, that (a) you have provided Tsumosnacks with false, infringing or misleading information, or information not otherwise permitted in accordance with these Terms of Use; (b) you or someone else uses your Member account to engage in activity that violates these Terms of Use or is otherwise improper or illegal; (c) you have used the Website in ways that violate these Terms of Use or is otherwise improper or illegal; (d) you are under the age of 18; (e) you are a convicted sex offender; (f) we previously deactivated an account belonging to you for violations of our Terms of Service or Privacy Policy; or (g) you are otherwise prohibited from receiving our products or services under applicable laws.
2. Fees and Payments.
2.1. Tsumosnacks may charge fees for access to certain parts of the Website and Content. In addition, Tsumosnacks charges fees for Tsumosnacks registrants. In order to access these areas, you may be required to become a registered member of the Website (“Member”). You shall pay all fees and charges (including related taxes) incurred through your Member account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to, charges for any products or services offered for sale through the Website.
2.2. The Website enables you to purchase certain goods and services. When you provide any payment information in connection with any purchase, you represent that you are the owner or authorized user of such payment information. You may be directed to a third party website in order to make a purchase. These Terms of Use will not apply to your use of any third party website or to your purchase of those goods and services and you agree to comply with any terms of use of such third party website in full. Therefore, please review the terms governing your use of those third party websites and your purchases thereon.
3. Limitations on Use; Third Party Communications.
3.1. Limitations on Use. Unless otherwise agreed by you and Tsumosnacks in a separate written agreement, the Content on this Website is for your personal use only and not for commercial exploitation. You may not use this Website or the Content for any illegal purpose, in any illegal manner or in any manner inconsistent with these Terms of Use. You may not decompile, recompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or the Content. You may not use any network monitoring or discovery software to determine the Website’s architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, crawler, scraper or any other automatic software or a camera or other device, or manual process to monitor or copy the Website or the Content. You may not use this Website to transmit any false, misleading, fraudulent or illegal communications. Except as permitted by these Terms of Use, the Website or the Service, you may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, noncommercial or public purposes all or any portion of this Website or the Content. You may not use, transfer, distribute or dispose of this Website or the Content in any manner that could compete with the business of Tsumosnacks You may not use or otherwise export or re-export this Website, any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Website or its Content, or of any Service, is prohibited.
3.2. Third Party Communications. Tsumosnacks disclaims all liability for any Third Party Communications (as defined below), that you may receive and any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. Tsumosnacks assumes no responsibility for verifying, and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, “Third Party Communications” means any communications associated with this Website, Service or Content (e.g., advertising, forums, etc.) created by any third party, including but not limited to communications directed by any third party to you in connection with your use of the Website, Service or Content.
3.3. THE CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, THE SERVICE, THE INTERACTIVE AREAS, THE CONTENT, AND POSTINGS IS NOT INTENDED, AND SHALL NOT BE CONSTRUED, TO: (I) CONSTITUTE PROFESSIONAL MEDICAL, HEALTH, LEGAL, TAX, OR FINANCIAL ADVICE; OR (II) DIAGNOSE, CURE, OR TREAT ANY MEDICAL, HEALTH OR OTHER CONDITION.
4. Intellectual Property Rights.
4.1 You acknowledge and agree that Tsumosnacks and/or its licensors and other partners retain all right, title and interest in and to the Website and the Service, including all Content therein and all associated patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world (“Service IP”), including but not limited to the right to claim that the Website and all of its Content, and the selection and arrangement thereof, Is protected as a compilation owned by Tsumosnacks under applicable copyright laws in the United States and elsewhere. You agree not to use any Service IP in any way other than within the terms of the License granted herein. Tsumosnacks reserves all ownership or other rights in the Website, the Service and the Content not specifically licensed under these Terms of Use. Unless otherwise noted, nothing on the Website shall be construed as granting exclusive or nonexclusive rights, or any type of license, to use any trademark, service mark, trade name, or logo found on the Website, without the owner’s prior written permission.
4.2 This Website may contain certain interactive areas which include, without limitation, blogs, wikis, bulletin boards, discussion boards, and question and answer features (the “Interactive Areas”). You hereby grant to Tsumosnacks an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, authorize use of and have used on its behalf any ideas, expressions of ideas, text, graphics, messages, blogs, links, data, information and other materials you submit (collectively, “Postings”) to this Website. Said license is without restrictions of any kind and without any payment, permission, attribution, acknowledgement of source, or notification due from Tsumosnacks to you or any third party. The license includes the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform and sublicense Postings in any form, medium, or technology now known or hereafter developed, without any payment of compensation or acknowledgment of its source
4.3. You certify and warrant that the Postings: (i) are your original works or that the owner of such works has expressly granted to Tsumosnacks a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license for said works with all of the rights granted by you in section 4.2 of these Terms of Use and (ii) do not violate and will not violate applicable law or the rights of any third party including any right of publicity, right of privacy, copyright, patent, trademark or other intellectual property right or any proprietary right.
4.4. By submitting Postings to this Website, you acknowledge and agree that Tsumosnacks may create on its own ideas that may be, or may obtain submissions that may be, similar or identical to Postings you submit. You agree that you shall have no recourse against Tsumosnacks for any alleged or actual infringement or misappropriation of any proprietary or other right in or related to the Postings you provide to Tsumosnacks .
5. Digital Millennium Copyright Act
Notification of Alleged Copyright Infringement. Tsumosnacks has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. Tsumosnacks reserves the right to remove any Content and/or Posting that allegedly infringes another person’s copyright. Tsumosnacks will terminate, in appropriate circumstances, Members who are repeat infringers of another person’s copyright. Notices to Tsumosnacks regarding any alleged copyright infringement should be directed to Tsumosnacks via email at info@tsumosnacks.com, and shall be in the required form, and shall have the required content, as described in Section 5.1, below
5.1 Filing a DMCA Notice to Remove Copyright – Protected Content
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
• Your name, address, telephone number, and email address (if any);
• A description of the copyrighted work that you claim has been infringed;
• A description of where on the Website the material that you claim is infringing may be found, sufficient for Tsumosnacks to locate the material (e.g., the URL);
• A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
• A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
• Your electronic or physical signature.
5.2 Filing a DMCA Counter – Notice to Restore Content Removed from the Website
If you believe that your material has been removed by mistake or misidentification, please provide Tsumosnacks with a written counter-notification containing the following information:
• Your name, address, and telephone number;
• A description of the material that was removed and the location on the Website (e.g., the URL) where it previously appeared;
• A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
• A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Tsumosnacks may be found, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
• Your electronic or physical signature.
6. Linking to this Website.
You may provide links to this Website, provided that (a) you do not remove or obscure, by framing or otherwise, any portion of this Website, including any Content, advertisements, terms of use, copyright notices, or other notices on this Website, (b) you immediately deactivate and discontinue providing links to this Website if requested by Tsumosnacks and (c) you agree that Tsumosnacks may deactivate any link(s) at its sole discretion.
7. No Solicitation.
You shall not distribute on or through this Website any Postings containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of Tsumosnacks.
8. Advertisers.
This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Website is accurate and complies with applicable laws. Tsumosnacks will not be responsible for the illegality of any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
9. Postings in Interactive Areas of this Website.
9.1. Postings to be Lawful. If you participate in Interactive Areas on this Website, you shall not post, publish, upload or distribute any Postings which are unlawful or abusive in any way, including, but not limited to, any Postings that are defamatory, libelous, sexually explicit, pornographic, obscene, threatening, invasive of privacy or publicity rights, racially or ethnically objectionable, inclusive of hate speech, would constitute or encourage a criminal offense, violate the rights of any party, give rise to liability or violate any local, state, federal or international law, or contain malicious code, viruses or scripts that alter, impact, affect, impede, limit, or attack the performance of the Website and any software, hardware or other equipment used by Tsumosnacks or any other third party in relation to the Website, Service or Content. Tsumosnacks may delete your Postings at any time for any reason or no reason without permission from you.
9.2. Postings shall not contain protected health information or healthcare or legal advice, or otherwise contain any confidential, proprietary or trade secret information. You are strictly prohibited from submitting Postings that are considered protected health information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). You may not submit any Posting that contains legal or healthcare advice. You are also strictly prohibited from providing Tsumosnacks with any “sensitive information” (which includes, for example, personal information specifying medical or health conditions, racial or ethnic origin, or trade union membership), and, should Tsumosnacks discover that you have done so, Tsumosnacks has the right to remove it immediately and reserves the right to ban you from the Website. Nothing in the Terms of Use or Privacy Policy shall obligate Tsumosnacks to actively screen the information that you or others provide.
9.3. No Monitoring of Postings. Tsumosnacks has no obligation to monitor or screen Postings and is not responsible for the content in such Postings or any content linked to or from such Postings. Tsumosnacks , however, reserves the right, in its sole discretion, to monitor the Interactive Areas, screen Postings, edit Postings, cause Postings not to be posted, published, uploaded or distributed, and remove Postings, at any time and for any reason or no reason.
9.4. Non-Commercial Use Only of Interactive Areas. Interactive Areas are provided solely for your personal use. Any commercial or otherwise unauthorized use of the Interactive Areas of this Website, its Content, or Postings is expressly prohibited.
9.5. You shall be solely responsible for all interactions with other users of the Website. In your interactions with other users (including, but not limited to: messages, emails, and forum comments), you agree to conduct yourself civilly and respectfully. While using the Website and Service, you agree that you shall not under any circumstances harass or make mischief against any other user of the Website and Service. While Tsumosnacks makes commercially reasonable efforts to ensure that the Website and Service foster a safe and positive environment for its users, you hereby acknowledge and agree that Tsumosnacks does not actively monitor or police the interactions between users of the Website and Service (and has no obligation to do so) and you hereby disclaim Tsumosnacks from and against any and all liability resulting from a user’s interaction with, or conduct towards, any other user. Notwithstanding the foregoing, Tsumosnacks reserves the right to determine, at its sole discretion, what constitutes harassment or mischief, and where that has occurred; and may, also at its sole discretion, partially or completely deny access to the Website and Service to any infringing party.
10. Errors and Corrections.
Tsumosnacks does not represent or warrant that the Website, Service, Content or Postings will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Tsumosnacks does not warrant or represent that the Content or Postings available on or through this Website will be correct, accurate, timely, or otherwise reliable. Tsumosnacks may make improvements and/or changes to the Website or Service—including, without reservation, its features, functionality, Content or Postings—at any time.
11. Third Party Content.
Third party content (including, without limitation, Postings) may appear on the Website, may be made available through the Service, or may be accessible via links from the Website. Tsumosnacks shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Website or made available through any Service. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of Tsumosnacks . Further, information and opinions provided by employees and agents of Tsumosnacks in Interactive Areas are not necessarily endorsed by Tsumosnacks and do not necessarily represent the beliefs and opinions of Tsumosnacks.
12. Assumption of Risk.
Unless prohibited by law, you assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your use of, or participation in, any aspect of the Website or Service, including without reservation, any of the Interactive Areas.
13. DISCLAIMER.
UNLESS PROHIBITED BY LAW, THE WEBSITE, THE SERVICE, THE INTERACTIVE AREAS, THE CONTENT, AND POSTINGS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS AND TSUMOSNACKS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TSUMOSNACKS ENDEAVORS TO KEEP THE INFORMATION CONTAINED ON THIS WEBSITE UP-TO-DATE AND CORRECT, AND IT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY, OR AVAILABILITY WITH RESPECT TO THE WEBSITE, OR THE INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS OR OTHER CONTENT CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK.
UNLESS PROHIBITED BY LAW, TSUMOSNACKS DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE, THE SERVICE, THE INTERACTIVE AREAS, THE CONTENT, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THE WEBSITE, THE SERVICE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY PORTION THEREOF, (E) YOUR USE OF THE WEBSITE, THE SERVICE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE, THE SERVICE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS.
UNLESS PROHIBITED BY LAW, TSUMOSNACKS DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OF THE MERCHANDISE, PRODUCTS, AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, FEATURED, MENTIONED, DESCRIBED, AUCTIONED, DISTRIBUTED, GIVEN AWAY, RENTED, SOLD, OR OTHERWISE AVAILABLE ON OR THROUGH THE WEBSITE OR SERVICE. ALL TRANSACTIONS FOR MERCHANDISE, MEDIA, PRODUCTS, AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, SHALL SOLELY BE BETWEEN THE USER AND THE THIRD-PARTY SELLER, DISTRIBUTOR, OR MANUFACTURER, AND NOT WITH TSUMOSNACKS.
IF YOU BID ON, PURCHASE, ORDER, OBTAIN OR RESEARCH MERCHANDISE, PRODUCTS, MEDIA AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, ON OR THROUGH THE WEBSITE OR SERVICE, YOU HEREBY ACKNOWLEDGE AND UNDERSTAND THAT TSUMOSNACKS HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR, THE QUALITY, QUANTITY, SIZE, CHARACTER, FITNESS FOR A PARTICULAR PURPOSE, SPECIFICATIONS, FEATURES, FUNCTIONALITY, SAFETY, OR LEGALITY OF SUCH MERCHANDISE, PRODUCTS AND/OR SERVICES, THE TRUTH, COMPLETENESS OR ACCURACY OF THE LISTINGS, OR THE ABILITY OF THE SELLERS TO SELL, SHIP, OR OTHERWISE PROVIDE SUCH MERCHANDISE, PRODUCTS AND/OR SERVICES. YOU FURTHER UNDERSTAND THAT THE INCLUSION OF ANY CONTENT, SUBJECT MATTER, OR LINKS TO THIRD-PARTY CONTENT, MEDIA, OR PRODUCTS DOES NOT IMPLY TSUMOSNACKS RECOMMENDATION OR ENDORSEMENT OF THE SAME.
14. LIMITATION OF LIABILITY.
UNLESS PROHIBITED BY LAW, TSUMOSNACKS SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE, THE SERVICE, THE CONTENT, THE MEDIA, THE POSTINGS, THE INTERACTIVE AREAS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH ANY OF THE INTERACTIVE AREAS, OR ANY THIRD-PARTY COMMUNICATIONS. UNLESS PROHIBITED BY LAW, TSUMOSNACKS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, THE MEDIA, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, THE FUNCTIONALITY OR USABILITY OF THE WEBSITE, OR ANY THIRD-PARTY COMMUNICATIONS. UNLESS PROHIBITED BY LAW, TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, TSUMOSNACKS SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
UNLESS PROHIBITED BY LAW, YOU AGREE THAT TSUMOSNACKS IS NOT RESPONSIBLE, AND SHALL HAVE NO LIABILITY TO YOU, WITH RESPECT TO MERCHANDISE, PRODUCTS, AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, FEATURED, MENTIONED, DESCRIBED, AUCTIONED, DISTRIBUTED, GIVEN AWAY, SOLD, RENTED OR OTHERWISE AVAILABLE ON OR THROUGH THE WEBSITE OR SERVICE, INCLUDING ILLEGAL, OFFENSIVE OR ILLICIT ITEMS, EVEN ITEMS THAT VIOLATE THIS AGREEMENT.YOU AND TSUMOSNACKS AGREE THAT, UNLESS PROHIBITED BY LAW, ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION (INCLUDING, WITHOUT LIMITATION, ACTIONS UNDER ANY FEDERAL OR STATE QUI TAM LAW), OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT, UNLESS PROHIBITED BY LAW, NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF TSUMOSNACKS AND ALL PARTIES TO ANY SUCH PROCEEDING.
15. Indemnification.
You agree to indemnify, defend and hold harmless Tsumosnacks , its present and future officers, directors, employees, agents, licensors, suppliers and any third party information providers to this Website from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you or arising from or related to any Postings uploaded or submitted by you and/or any false, infringing or misleading information that you submit to Tsumosnacks.
16. Third Party Rights.
The provisions of paragraphs 13 (Disclaimer), 14 (Limitation of Liability) and 15 (Indemnification) are for the benefit of Tsumosnacks and its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
17. Termination of Access.
Tsumosnacks reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action Tsumosnacks deems appropriate. Among other actions, Tsumosnacks may discontinue any party’s participation in any of the Interactive Areas at any time for any reason or no reason.
18. Remedies for Violations.
Tsumosnacks reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular internet address to the Website and any other Tsumosnacks websites and their features.
19. Arbitration, Jurisdiction and Governing Law.
Except as otherwise provided in paragraphs 5, 5.1 and 5.2 above concerning DMCA claims, in the event of any other claim, dispute or other issues between you and Tsumosnacks regarding these Terms of Use, the Website, the Service, the Privacy Policy and/or any other products or services purchased from the Website or in conjunction with any Service (“Dispute”), you and Tsumosnacks agree to first send the other party a notice of dispute (“Notice of Dispute”). The Notice of Dispute is a written statement setting forth pertinent information regarding the Dispute which, at a minimum, must contain the name, address and contact information of the party giving the notice, the facts giving rise to the Dispute and the relief requested. You must send any Notice of Dispute by e-mail to info@tsumosnacks.com. Please save your email and any “delivery” or “read” receipts.
We will send any Notice of Dispute to you at the contact information we have for you. You and Tsumosnacks will attempt to resolve any Dispute through informal negotiation within 30 days from the date that the Notice of Dispute is sent. We may be unable to resolve a Dispute by negotiation. In that case, you agree that the Dispute will be resolved through binding arbitration (not by a court). Any Dispute is governed by the Federal Arbitration Act and federal arbitration law apply. Please note that there is no judge or jury in arbitration. Court review of an arbitration award is limited. The arbitrator’s decision will be binding. It may be entered as a judgment in any court of competent jurisdiction.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at 77 W. Washington St, Suite 800, Chicago IL, 60602 with “Notice Requesting Arbitration” in the subject line. You may also contact us by mail at: info@tsumosnacks.com.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
IMPORTANT NOTICE: Any and all claims relating to any Dispute—brought by you or otherwise—must be brought in the parties’ individual capacity pursuant to these Terms of Use. You cannot bring suit as a plaintiff or class member in any suit purporting to be a class action, private attorney general action, collective action, or any other representative proceeding. This waiver of rights applies to class arbitration.
In this regard, you agree to arbitrate with Tsumosnacks only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. Your claims may not be joined with any other claims. There shall be no authority for any Dispute to be arbitrated on a class-action basis or brought by a purported class representative. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found illegal or unenforceable, as to all or some parts of a Dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. For certain claims, like violations of these Terms of Use or breaches of intellectual property covenants, we reserve the right to seek injunctive relief in a court of competent jurisdiction. All arbitrations shall be initiated in Los Angeles County, California. All Disputes are governed by and construed in accordance with the internal law of the State of California without reference to its principles of conflicts of laws.
20. Privacy.
Your use of the Website and the Service is subject to Tsumosnacks Privacy Policy.
21. Severability of Provisions.
These Terms of Use incorporate by reference any notices or terms contained on the Website and/or in the Privacy Policy, and constitute the entire agreement with respect to access to and use of the Website, the Service, the Interactive Areas, and the Content and Postings. If any provision of these Terms of Use is deemed unlawful, void or unenforceable by any tribunal (including by an arbitration panel subject to the provisions in paragraph 19) exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.
22. Nontransferable / no third party beneficiary rights/ reservation of transferability rights by.
You agree you will not transfer any of your rights or obligations under the Terms of Use or Privacy Policy to anyone else without our consent. Nothing in the Terms of Use or Privacy Policy shall confer third party beneficiary rights. All of Tsumosnacks rights and obligations under the Terms of Use or Privacy Policy are freely assignable by Tsumosnacks in connection with any merger, acquisition, sale of assets, or by operation of law.