TERMS AND CONDITIONS
This Website is owned and edited by Toda New York (hereinafter referred to as “TODA”) a company having its registered office at 60 East 8th Street, Suite 21B, New York, NY 10003.
Tel: (646) 533-8638
Squarespace provides hosting Services for this Website. Information on Squarespace can be found at www.squarespace.com.
Conditions of Sale
All Sales are Final.
Please read these Terms carefully prior to using the Web Site. Users expressly acknowledge that they are aware of these Terms and have had access to the same upon entering the Web Site. Consequently, by using the Web Site, Users signify their assent and agreement to these Terms. If User does not agree to these Terms, then User is not authorized to continue consultation and access of the Web Site.
Use of Materials on this Web Site
TODA has created this Web Site to provide information about its company and products for Users’ personal use. Users may download one computer copy or print one copy of the material on this Web Site for their own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™ are preserved intact and are not modified, deleted or changed. Unless otherwise stated, Users should assume that everything they see or read on the Web Site (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, written and other materials) ("TODA Material") are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.
Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on or use any TODA Material in any way for any public or commercial purposes. Furthermore, TODA Material may not be displayed or communicated on any other web site, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, Users’ permission to use TODA Material will automatically terminate and any copies made of TODA Material must be immediately destroyed. Any unauthorized use of TODA Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Any unsolicited communication or material Users transmit to TODA via the Web Site, by electronic mail or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by TODA. By sending communications to TODA, Users automatically grant TODA a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Any communication or material Users transmit may be used by TODA and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.
Furthermore, TODA enjoys a worldwide reputation for both the design and manufacture of high quality luxury items including jewelry and other luxury accessories. To this end, it possesses its own sources of creativity, in particular highly skilled teams of designers who conceive and perfect TODA’s creations. As a result, TODA cannot agree to or accept being the receiver of unsolicited proposals of collaboration. Indeed, it is conceivable that TODA may already be working on similar ideas and /or creations. Consequently, Users are advised that TODA is not interested in receiving ideas or other proposals relating to creations they may wish to submit.
This section applies to the Web Site itself and not to the products being sold by phone. Disclaimers regarding products being via telephone can be found in the Conditions of Sale .
TODA tries to ensure that the information provided is accurate and complete. However, TODA does not warrant or represent that TODA’s Material is accurate, error-free or reliable or that use of TODA Material will not infringe rights of third parties. Use of the Web Site is at Users’ risk.
TODA does not warrant that the functional and/or technical aspects of the Web Site or the TODA Material will be error free or that this Web Site, TODA Material or the server that makes it available are free of viruses or other harmful components. If use of this Web Site or TODA Material results in the need for servicing or replacing property, material, equipment or data, TODA is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to Users "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. TODA and its suppliers make no warranties about the TODA Material, software text, downloads, graphics, and links, or about results to be obtained from using the Web Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, consequently some of the above exclusions may not apply.
In general, all trademarks, logos and service marks (collectively the "Trademarks") that appear on this Web Site are registered, unregistered or otherwise protected TODA trademarks or are licensed for use by TODA by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Web Site should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on this Web Site without TODA’s prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Web Site, or any other content on the Web Site, except as provided herein, is strictly prohibited.
All contents of this Web Site are either Copyright © TODA 2014 or are licensed for use by TODA. All rights reserved.Please refer to the section of these Terms on Use of Materials on this Web Site above.
Third Party Links & Linking
Links to other web sites operated by third parties not affiliated to TODA may be indicated on the Web Site. The inclusion of any link to such third party sites does not imply endorsement by TODA of those sites. TODA has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to this Web Site. Linking to any other off-site pages or third sites is at Users’ own risk. TODA does not authorize linking to its Web Site from a third party web site without its express prior written authorization.
Users agree that TODA may terminate Users’ access to and use of the Web Site if TODA reasonably believes that Users have violated or acted inconsistently with the letter or spirit of this Agreement for any reason with or without notice to User. Users agree that TODA may modify or discontinue this Web Site, with or without notice to them. Users agree that TODA will not be liable to them or any third party as a result of such modification or discontinuation. The provisions entitled "Disclaimer," "Limitation of Liability," and "General Provisions" will survive termination of these Terms.
Limitation of Liability
Under no circumstances whatsoever shall TODA be liable for any loss arising out of or in connection with the use of information available from this Web Site whether direct or indirect including, without limitation, any liability relating to any loss of use, interruption of business, lost profits or lost data, or incidental, special or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if TODA has been advised of the possibility of such damages. Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not be operable.
Damages arising from the purchase or use of the products sold by phone are governed by the Conditions of Sale.
Unless otherwise specified, the information and materials in the site are presented solely for the purpose of promoting TODA’s products and services and allowing TODA to present products for sale via phone. TODA makes no representation that TODA Material is appropriate or available for use in every country of the world. Users use this Web Site at their own risk and are responsible for compliance with applicable local laws, keeping in mind that access to TODA Material may not be legal by certain persons or in certain countries. Our products are available in many parts of the world. However, this Web Site may describe products that are not available worldwide. Any cause of action a User may have with respect to this Web Site must be commenced within two years after the claim or cause of action arises.
Applicable law and Jurisdiction
The Conditions of Sale shall be governed by and construed in accordance with the laws of the State of New York, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in the State and County of New York.
The waiver by TODA of a breach of any provision of these Terms will not operate to be interpreted as a waiver of any other or subsequent breach.
DATE OF POSTING: APRIL 2014