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.
1. Website Limited License.
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.
3. Limitations on Use; Third Party Communications.
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.
4.2 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
4.4. 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 [email protected], 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.
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.
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.
9.3. 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.
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.
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.
18. Remedies for Violations.
19. Arbitration, Jurisdiction and Governing Law.
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: [email protected]
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.
21. Severability of Provisions.
22. Nontransferable / no third party beneficiary rights/ reservation of transferability rights by.