Terms & Conditions

Website

This Website is owned and operated by OTOY Inc. ("OTOY"). By accessing and using this Website, you agree to these Website Terms and Conditions ("Terms") without qualification. If you do not agree to be bound by these Terms, please do not use this Website and/or Services or continue to use this Website, the Materials and/or Services.

Some Services may also be subject to additional terms and conditions as indicated in those Services ("Additional Terms"). If there is any conflict between these Terms and the Additional Terms, then the Additional Terms take precedence.

Changes

OTOY may periodically revise the terms of these Terms by updating this page. You agree to be bound by subsequent revisions. Accordingly, you should periodically visit this page to review the current Terms.

Passwords

In order to access a Service you may either be issued a unique username and password or be requested to select your own username or password. Where you are requested to select your own password you must not select one which is unsuitable. Unsuitable passwords include number combinations that may be easily guessed and other numbers easily connected with you.

In all cases you must safeguard your password. All your passwords are personal to you and you must:

(a) at all times maintain the confidentiality of each password and not disclose any password to any third party;
(b) only use a password for the purpose for which it was intended; and
(c) ensure that no one can see you entering your password.

You must immediately notify OTOY of any actual or possible disclosure of your password to any other person, or any unauthorized access to this Website or any Service. You must immediately change your password as soon as you are aware or suspect that your password has been disclosed.

You are solely responsible for any use of this Website or any Service by any person using your password. Your password, and therefore further use of the Website, the Materials and/or Services, may be cancelled at any time you are in breach of these Terms.

Restrictions

You may not copy, replicate, reproduce, distribute, transmit, publish, translate, adapt, modify, vary, decompile, disassemble or reverse engineer any part of this Website, the Materials or the System; make any part of this Website, the Materials or any Service available to any other person to whom the appropriate password has not been issued; or link to this Website in any way which misleads any person regarding any association with the Website or your association with OTOY.

You must not use or permit the use of this Website, the System or any Service: (a) which is contrary to any applicable law; (b) that contravenes the intellectual property, privacy or any other rights of any third party; (c) which is in any way harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, lewd, profane, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable; (d) for any purpose other than as specifically intended; or (e) in any way that interferes with the function or accessibility of the Website or that restricts the access of others thereto.

You must not introduce to this Website, or the System or any Service any virus, worm or any other code designed to interrupt, manipulate or damage the Website, the System or any Service in any way.

Privacy of Personal Information

Please see OTOY's privacy policy at otoy.studio/privacy for information about how OTOY collects, uses and discloses information about users of the Services and/or Website.

When you use OTOY's Services and/or Website, OTOY collects information about you, including your name, postal address, e-mail address, age, industry, location, IP address, GPU information, browser information, and other information related to your use of OTOY's website. OTOY may use this information for administrative and business purposes including statistical analysis, and promotional and marketing purposes.

OTOY does not guarantee the security of your personal information. Any enquiries relating to your personal information, and any requests to access, correct, update or remove your information, should be sent to OTOY, Inc., 1010 Wilshire Blvd. #1604, Los Angeles CA 90017.

Rights to Material and Information

All rights (including intellectual property rights such as copyright) and interest in any Service accessible on this Website, the Website itself, the Materials and any proprietary information accessible via this Website are the exclusive property of OTOY and you agree that no such rights or interests will pass to you.

You agree not to copy or imitate all or any part of the design or layout of the Website. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Website or any portion of it.

You hereby grant to OTOY and its affiliates, licensees, successors and assignees worldwide, royalty-free, perpetual, irrevocable, non-exclusive sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any e-mail, video, graphic, data, or information sent by you to OTOY (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.

Use of Materials

OTOY authorizes you to access and use the Website solely for your personal use. You may not sell or modify the Materials. Except as expressly permitted by the terms of any separate license agreement between you and OTOY, you may not reproduce, display, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose.

No portion of the Website, the Materials and the Services is directed at children under the age of 13. You must be 13 years or older to use and access the Website, the Materials and the Services, or submit any information to OTOY.

Rules of Conduct for User Interaction and User Generated Content

You are solely responsible for any and all content posted by you on the Website. OTOY does not endorse, edit, verify, vouch for, or control any content posted on the Website by users, and does not guarantee the accuracy or appropriateness of any content posted by users.

OTOY reserves the right to modify or remove anything submitted, posted, or uploaded to OTOY, at any time for any reason without prior notice. Postings which violate this Agreement may be deleted upon discovery and OTOY reserves the right to terminate or restrict access to the Website of the responsible user(s).

You agree not to submit any posting, e-mail, statement and/or other content that is unlawful, threatening, abusive, harassing, defamatory, invasive of privacy, hateful, vulgar, obscene, or otherwise objectionable; that impersonates any person or entity; that violates or infringes upon the rights of others; that contains unsolicited advertising or commercial solicitation; that contains software viruses or any other harmful component; or that constitutes any form of harassment.

Submission/Feedback

OTOY does not accept or consider ideas, suggestions, creative materials or business propositions other than those it has specifically requested. If you nevertheless provide any unsolicited ideas, suggestions, creative materials or business propositions to OTOY or if you provide any feedback or suggestions for improving OTOY's products or services, you hereby grant to OTOY an irrevocable, non-exclusive worldwide perpetual license in the same and OTOY will be free to use the same without compensating you in any way.

Exclusions, Limitations on Access and Termination

Access to this Website, the Materials and the Services is not guaranteed, represented or warranted to be error free, delay free or uninterrupted and OTOY will not be liable for any such errors, delays or interruptions. OTOY may remove all or any part of the Materials and/or the Services for indefinite periods of time or cancel all or any part of the Services at any time, without notice.

OTOY may in its sole discretion terminate your access to this Website, the Materials and/or any Service at any time without notice to you or any other person.

No Representations, Warranties or Guarantees

This Website, the Materials and the Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, all representations, warranties (including as to merchantability and suitability for any purpose), undertakings and guarantees, whether express or implied, are excluded and OTOY does not give any representation, warranty, covenant, undertaking or guarantee whatsoever including, without limitation in respect of the availability, accuracy, completeness, currency or reliability of the information provided via this Website, the Materials and/or any Service.

Disclaimers

If you are dissatisfied with any of the materials or services contained in or accessed through the Website, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Website and Materials.

WITHOUT LIMITING THE FOREGOING, OTOY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT.

Links

The Website contains links to third party sites that are not under the control of OTOY and OTOY is not responsible for any content on any linked site. If you access a third party site from the Website, then you do so at your own risk. OTOY provides links only as a convenience and the inclusion of the link does not imply that OTOY endorses or accepts any responsibility for the content on those third party sites.

Copyright Complaints

If you believe that your work has been copied and is accessible on the Website in a manner that constitutes copyright infringement, you may notify OTOY's copyright agent at legalteam@otoy.com with: an electronic or physical signature of the person authorized to act on behalf of the copyright owner; a description of the copyrighted work that you claim has been infringed; your address, telephone number, and email address; a statement of good faith belief that the disputed use is not authorized; and a statement under penalty of perjury that the information in your notice is accurate.

Liability

OTOY AND ITS AFFILIATED ENTITIES AND THE EMPLOYEES, CONTRACTORS, ACCOUNTANTS, ATTORNEYS, AGENTS, HEIRS, SUCCESSORS, LICENSEES AND ASSIGNS OF EACH OF THEM (THE "OTOY PARTIES") SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF OR CONNECTED WITH YOUR USE OF THE WEBSITE AND MATERIALS OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT. THE MAXIMUM LIABILITY OF THE OTOY PARTIES TO YOU FOR ANY CLAIM UNDER ANY LEGAL THEORY RELATED IN ANY WAY TO THIS AGREEMENT OR THE WEBSITE OR MATERIALS WILL BE US$100.

Indemnity

To the fullest extent permitted by law you indemnify and hold the OTOY Parties harmless against all costs, losses, claims or liabilities arising from any breach of these Terms by you or any action taken by OTOY as part of an investigation of a suspected breach of these Terms; all costs, losses, claims or liabilities arising from any third party claims made against OTOY as a result of any breach of these Terms by you; and all costs, losses, claims or liabilities of OTOY arising from any use of your password not expressly permitted in these Terms.

Governing Law and Jurisdiction

These Terms are governed by the laws of California and you submit to the exclusive jurisdiction of the Los Angeles, California courts in respect of all matters relating to these Terms and your use of this Website, the Materials and/or any Service.

Defined Terms

"Materials" means any materials provided to you by OTOY or available to you via this Website. "Services" means the services accessed or provided via this Website. "System" means OTOY's system used to drive, support and administer the Website and provide the Services. "Website" means this website.

© Copyright OTOY Inc. 2015. All rights reserved. Last Modified 08 July 2021.