Updated April 23, 2007


PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE

This Website is provided by Tomy Corporation and its affiliates and subsidiaries (collectively, "Tomy" and "We"). By visiting or using this Website in any way, or linking to this Website, you are entering into an agreement with TOMY Corporation ("TOMY") to be bound by the then-current version of these Terms and Conditions. You are also bound by all other applicable laws. Please read these Terms and Conditions and the other information referred to or linked to herein carefully and be sure you understand them, since they are a legally binding agreement that contains important information about our Website and your permitted use of it.

PLEASE NOTE: YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE. This is the entire agreement between you and TOMY relating to this Website. TOMY has the right to revise these Terms and Conditions at any time.

TOMY controls and operates this Website from their office in California and makes no representation or warranty that the content of this Website is appropriate, lawful, or available for use in other geographic locations. If you use this Website from other locations, you are responsible for compliance with all applicable local laws.


USE OF MATERIALS ON THIS WEBSITE
TOMY owns or has the right to use all of the data, information, text, images, graphics, sounds, videos, icons, registered and unregistered trademarks, illustrations, software and other forms and formats now known or later invented (including software and transmissions to this Website), and the copyrights and other intellectual property rights therein, unless otherwise noted. TOMY grants you a limited, non-exclusive, revocable license for you to use this Website for your personal entertainment, information, education and communication, upon all the terms of this agreement. You may review, download, and/or print one copy of the content of this Website on one personal computer for your personal, non-commercial, non-political use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. This foregoing does not give you ownership of any content. You may not make more than one copy of such content, modify it in any way, distribute or transmit it to any other person or company, frame or otherwise display any of the content of this Website on your own or any other Website, or make any other use of it. Such copying, modification, distribution or transmission, display, or use would breach this agreement and infringe TOMY's copyrights, copyrights licensed to TOMY, and/or other intellectual property rights owned by or licensed to TOMY. If you download software from this Website, TOMY owns such copy and you are licensed to use it for its intended purpose but may not sell copies of it, modify it, display it, redistribute or transmit it, or use it in any other way. If you download and/or print any content of this Website, you agree to maintain any and all copyright notices and other notices or statements of proprietary rights appearing on such content. TOMY has no right or authority to authorize you to use, download, print, copy, modify, display, distribute, or transmit any content of any other Website that you access from this Website.


COPYRIGHTS
All content on the Website is copyrighted, and is either owned or used with permission by TOMY. Except as set forth in this agreement, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the content.

TOMY respects the intellectual property rights of others and expects users of the Website to do the same. If you believe that your work has been infringed by means of an improper posting or distribution of it via this Website, then send us a written notice to:


TOMY Corporation
Attn: DMCA Copyright Infringement Notice
3 Imperial Promenade, Ste 950
Santa Ana, CA 92707
Fax: 949.955.1037

To file a notice of infringement with us, you need to fulfill the requirements specified in Title II of the Digital Millenium Copyright Act of 1998. The text of this statue can be found at the US Copyright Office Website: http://www.loc.gov/copyright/title17


TRADEMARKS
Trademarks, service marks and logos used on this Website are registered and unregistered Trademarks of TOMY and others. Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without the written permission of the Trademark owner. TOMY aggressively enforces its intellectual property rights to the fullest extent of the law. The Trademarks, including TOMY's and others, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Website without prior, written permission. TOMY prohibits use of any of its Trademarks without the prior written consent of TOMY.
The TOMY logo is a registered trademark of TOMY. All Rights Reserved.


DISCLAIMERS AND LIMITATIONS OF LIABILITY
THIS WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR OTHER ERRORS, AND YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS AND TITLE. ALTHOUGH TOMY WISHES THE CONTENT OF THIS WEBSITE TO BE ACCURATE, COMPLETE, AND CURRENT, TOMY DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT OF THIS WEBSITE (INCLUDING ANY SOFTWARE) IS ERROR-FREE, COMPLETE, OR CURRENT, THAT USE OF SUCH CONTENT WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, TOMY WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS WEBSITE TO YOU. UNDER NO CIRCUMSTANCES WILL TOMY BE LIABLE TO ANY PERSON OR BUSINESS ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OR LOSSES BASED ON OR CAUSED BY ANY USE OF THIS WEBSITE OR ANY OTHER WEBSITE TO WHICH THIS WEBSITE IS LINKED, THE CONTENT OF SUCH WEBSITES, OR ANY VIRUSES OR OTHER HARMFUL COMPONENTS DERIVED FROM ANY SUCH WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR USE, BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR INFORMATION, EVEN IF TOMY HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
Links to other Websites or Internet locations from this Website have been provided for your convenience only. TOMY does not endorse, sponsor, or approve any of the content of such Websites or locations. TOMY has no control over any of the Websites or other Internet locations that you may access through this Website, and is not responsible for the content or accuracy of the content of any such Websites or locations. If you access any other Website or Internet locations through this Website, you do so at your own risk.

TOMY reserves the right to change or discontinue at any time, without notice, any materials, equipment, specifications, models, products, or services described on this Website, or the availability thereof. Products, methods, and processes described on this Website may be covered by U.S. or foreign patents and/or other intellectual property rights.

Software made available on this Website may be subject to United States export control laws. No software from this Website may be downloaded or otherwise exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, North Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software made available on this Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.


COMMUNICATIONS WITH TOMY
TOMY likes to hear from you. However, in communications with TOMY, please keep in mind that, TOMY does not accept or consider unsolicited creative ideas or suggestions relating to products, services, marketing plans or other matters. Therefore please do not send to TOMY any submissions, such as ideas for toys, games or other products, or any other suggestions, ideas, notes, drawings, inventions, techniques, models, designs, concepts, or other similar information or materials.

If you transmit any information of any kind (including software) to this Website, you represent, warrant, and agree that you have the unhindered right to do so, that such information does not infringe the copyright, trademark, patent, trade secret, or other intellectual property or proprietary rights of any other person or company, that such information is not confidential or proprietary to you or any other person or company, that such information does not injure any other person or company, and that TOMY may copy, distribute, modify, display, disclose, obtain intellectual property protection in its own name for, or otherwise use such information (and any ideas embodied therein), and may manufacture, use, and sell products, methods, and processes made therefrom, without restriction, in any way it chooses anywhere in the world, free of charge to TOMY and without acknowledgment of authorship or source. TOMY shall not be liable for any compensation, claims, or damages resulting from any use of any such information, and you agree to defend and hold TOMY harmless with respect to any such compensation, claims, or damages, including attorneys fees.


COMMUNITY AREAS
TOMY may offer community features on this Website such as message or bulletin boards, forums and chat rooms. In such event, TOMY will not assume any obligation to monitor, filter, censor, edit or regulate information or content provided by third parties on this Website, although TOMY reserves the right to do so in its sole discretion. TOMY does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any such information or content provided by users or other third parties. You acknowledge that communications to, from and through the Website are not confidential and your communications may be read or intercepted by others. You should exercise caution when disclosing your personal information.
Community Conduct: By using and/or registering for the community areas and features of the Website or other tools or applications for communicating, posting, or creating User Content (collectively the "User Tools"), you agree to use the User Tools only to post User Content that is proper and related to the particular forum. By way of example, and not as a limitation, you agree that when using the User Tools, you will not:

  1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  2. Post any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  3. Post files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have expressly received all necessary consents.
  4. Post files or content that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  5. Advertise or offer to sell any goods or services for any commercial purpose.
  6. Post surveys, contests, pyramid schemes or chain letters.
  7. Download any file posted by another User of a forum that you know, or reasonably should know, cannot be legally distributed in such manner.
  8. Restrict or inhibit any other User from using and enjoying any public area of the Services.
  9. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.

If you choose to use language, such as a user name or game name that, in TOMY's sole discretion, is obscene, indecent, offensive, or abusive or that might otherwise be objectionable or inappropriate, we reserve the right without prior notice to you to delete or change the offending language including your user name or game name.

User Tools: TOMY and its affiliates reserve the right to terminate your access without refund to any or all of the User Tools at any time without notice for any reason whatsoever.

Monitoring: TOMY and its affiliates have no obligation to pre-screen or monitor the User Tools or the content posted on or through any User Tools. However, TOMY and its affiliates reserve the right at all times to edit or remove any content or communications, in whole or in part, in TOMY 's or any of its affiliates' sole discretion and to disclose any information or take any action as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Usage: Content or communications posted using the User Tools are generally public, not private, communications and others may read your communications without your knowledge or consent. You should not have any expectation of privacy relative to your communications through the User Tools. Always use caution when posting personal information especially when posting information that could personally identify you. Your posting of any User Content through the User Tools is done at your own risk. TOMY is not responsible for its theft, copying or placement of that User Content on other media or networks. TOMY and its affiliates do not control or endorse the content, messages or information found in any community and, therefore, TOMY and its affiliates specifically disclaim any liability with regard to the User Tools and the content therein and any actions resulting from your participation or the participation of others using the User Tools. Community managers and hosts are not authorized spokespersons of TOMY or any of its affiliates, and their views do not necessarily reflect those of TOMY and its affiliates. Community managers and hosts do, however, set standards on their own community areas. By posting User Content through the User Tools you grant TOMY certain rights as described in Section 4A below.

Downloads: Any material or third party software downloaded through or for the use of the Website is done at your own discretion and risk, and TOMY will not be responsible in any way for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the Website or our third party service providers will create any warranty not expressly stated.

TOMY may review transmissions to this Website from time to-time, but is under no obligation to do so. TOMY disclaims all responsibility for the content of such transmissions and all liability arising from such content. You may not transmit any inflammatory, libelous, defamatory, obscene, unlawful, threatening, or otherwise objectionable information to this Website. TOMY may remove any transmissions to this Website at any time. TOMY shall not be liable for any compensation, claims, or damages resulting from any transmissions to this Website and you agree to defend and hold TOMY harmless with respect to any such compensation, claims, or damages, including attorneys fees.

Your obligations under these Terms and Conditions shall continue for as long as you access or use this Website or use or maintain any of the content (including software) of this Website or copies thereof. You may terminate your obligations at any time by discontinuing your use of this Website and by destroying all content obtained from it, and all copies thereof.


PRIVACY POLICY
These Terms and Conditions are subject to TOMY's Privacy Policy at http://www.tomy.com/tc/tomy-usa-privacy-policy.htm


GENERAL PROVISIONS
You agree to indemnify, defend and hold harmless TOMY, their parent, subsidiaries and affiliates and their respective officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs and expenses (including reasonable attorney's fees) on account of any claim, suit, action, demand or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of this Website.

TOMY retains the right at any time and from time to time to discontinue or modify, or temporarily or permanently terminate any part of the Website with or without notifying you. If we discontinue, modify or terminate any part of the Website, we will not be liable to you or any third party for the discontinuance, modification or termination.

These Terms and Conditions shall be governed by the laws of California and applicable federal laws, without giving effect to conflicts of laws principles. If any portion of these Terms and Conditions is unlawful, invalid, or unenforceable, then such portion of these Terms and Conditions shall be deemed severed herefrom and shall not affect the validity or enforceability of the remainder of these Terms and Conditions.


©2007 Tomy Corporation. All Rights Reserved.