Effective Date: 2/22/07
Welcome to www.want2bsquare.com (the "Site"). The Site is operated by Scion, a division of Toyota Motor Sales, U.S.A., Inc. (hereinafter referred to as "Toyota"). The Site is open to all permanent, legal residents of the fifty (50) United States and the District of Columbia only; however, you must be at least 16 years old to register for the services offered on the Site (collectively, "Service"). If you are not an intended viewer, please do not use or view the Site. These Terms and Conditions constitute a legal agreement ("Agreement") between you and Toyota. By using this site (including without limitation, downloading any wallpapers from this Site, you (1) represent that you are at least 16 years of age; and (2) agree to be bound by the terms and conditions of this Agreement. Even if you do not complete the registration process or otherwise use or access the Service, you will be bound by the terms and conditions of this Agreement (to the extent applicable to you) when you visit the Site. Any questions or comments regarding, or problems with, the Site should be sent to the Site Administrator at email@example.com.
In this Agreement, "you" and "your" refer to each viewer or user, and his or her agents (unless the context requires otherwise), and "we", "us" and "our" refer collectively to Toyota. This Agreement explains our obligations to you, and your obligations to us in relation to the Site and the Service.
Please note that we may at any time revise this Agreement by updating this posting. You are bound by such revisions and should therefore visit this page to review the current terms and conditions of this Agreement from time to time. NOTE THAT THE TERMS AND CONDITIONS OF THIS AGREEMENT ONLY APPLY TO THE USE OF THE SITE AND THE SERVICE AND OTHER WEBSITES PROVIDED BY TOYOTA SUCH AS WWW.TOYOTA.COM AND WWW.SCION.COM HAVE DIFFERENT TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE WEBSITES.
1. DESCRIPTION OF SERVICE
The Service consists of (i) six games (the "Games"), (ii) the Want2BSquare Contest (the "Contest") which you can enter using your score from the Games and be eligible for prizes in accordance with the Contest official rules (the "Official Contest Rules"), (iii) videos and other online interactions (the "Videos"), and (iv) a forward to a friend feature for e-mail transmission to individuals and e-mail addresses you may identify (the "Forwarding E-Mail"). You acknowledge and agree that the Service is for your personal use only, and that you may not transmit, broadcast, upload to any computer or mobile device, create derivative works of, or make commercial use of the Service or any material provided or obtained through the Service, including, but not limited to, the names, images and other information used in the Games, Contest, Forwarding E-Mail and/or Videos (the foregoing materials are, collectively, referred to herein as the "Content"), except as specifically permitted in this Agreement. You may not, or attempt to (or otherwise authorize, encourage or support others' attempts to), circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Service or the Content, or any technology used to support the Service.
2. REGISTRATION AND ACCESS TO SERVICE
(a) Access to the Service: You do not need to register to play the Games, to watch or interact with the Videos or to utilize the Forwarding E-Mail feature, but you will need to register if you wish to participate in the Contest. To play a Game, you must visit the Site, accept the Game rules and follow the directions on the Site. If you wish to view the videos, you must have a computer capable to view content. In addition, you must provide all equipment and software necessary to connect to the Service and to use any part of the Service. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Toyota's or the Site's operations or the Service. Any equipment or software causing interference shall be immediately disconnected from the Service and Toyota shall have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement. You agree to follow and comply with any applicable laws in your use of the Service.
(b) Registration Data: If you opt to register for any part of the Service on the Site, you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form ("Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You acknowledge and agree that we may send you important information and notices regarding the Service by email. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we may access, preserve, and disclose your Registration Data if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Toyota, the Site, its users and the public.
(c) License to Content: You acknowledge and agree that the Content made available as part of the Service (including the elements of the Games and the Videos) is owned by Toyota, its affiliates and/or licensors, as applicable, and is protected by intellectual property laws. Toyota hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable right and license to use Content as necessary to play the Games, enter the Contest and view the Videos ONLY on your desktop solely for your own personal non-commercial use. You further acknowledge and agree that: (i) you may not reproduce, duplicate, modify, perform, transfer, post, distribute, (including without limitation, forwarding to others, and in those instances your friends should only use such items for their own personal use, and for no other purpose) sell, create derivative works of or otherwise use or make available any of the Content other than as specifically permitted above; and (ii) you may not reproduce, duplicate, perform, transfer, distribute or otherwise use the Content (including without limitation, the Games or the Videos) in any other manner not addressed herein. No rights are granted to you by this Agreement in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the Content, and any reproduction, duplication, modification, performance, transfer, distribution or exploitation of the Content other than as specifically permitted in this subparagraph (c) is prohibited.
(d) Modifications, Interruptions or Discontinuation of Service: Toyota reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the Service, or portions thereof, with or without notice to you. Without limiting the generality of the foregoing, Toyota reserves the right to delete, add to or modify the Content for any reason at any time, and to delete (or block your access to) any portion of the Service in the event we reasonably determine that the Service, your use of the Service or any element used to create the Service, infringes on or violates, or could infringe on or violate, any third party right or any applicable laws or government regulations.
(e) Third Party Products and Services: We may make available or provide access to products and services of independent third parties either directly or via links to websites operated by such third parties (e.g., the prizes for the Contest). Such products or services shall be purchased and/or obtained directly from such third party. You acknowledge and agree that TOYOTA SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS OR SERVICES OF THIRD PARTIES OR ON SUCH LINKED THIRD PARTY WEBSITES.
(f) Refer a Friend Opportunities: One of the features available to registered users of the Service is the ability to send an e-mail to their friends telling them about the Games. If you wish to take advantage of this feature, you must provide a valid, active U.S.-based e-mail address for each person you wish to send such e-mail ("Designated Friend"). You may also have the option of composing a message to be included in such e-mail. You may not withdraw the contact information you provide for a Designated Friend once it has been submitted. NOTE: Designated Friends must be permanent, legal residents of the continental United States, at least 16 years old, and be able to register for the Service or otherwise use the Service. By submitting the names and e-mail addresses of Designated Friends, you grant us and our designees permission to notify and/or communicate with such Designated Friends using the e-mail addresses that you provided. If you submit any e-mail address of any Designated Friend, you warrant and represent that you have obtained the express consent of each such Designated Friend to submit such e-mail address and have us and our designees communicate with such individual via the submitted e-mail address. We may elect NOT to communicate with any identified e-mail address it if appears to be on any of our "do not contact" or "do not e-mail" lists. In addition, we reserve the right to withhold sending your e-mail to any Designated Friend if (i) the e-mail address provided by you is incorrect or not valid, (ii) we determine in our sole discretion that any message you included in your e-mail is inappropriate for any reason, or (iii) we determine in our sole discretion that sending the e-mail to such individual might be harmful to us, the Site, the Service or any user for any reason. We specifically disclaim any liability for exercising such right.
We may, at our discretion, send you a confirmation using any means available through the Service, including e-mail or other forms of messaging, to inform you that a Designated Friend has registered for the Service. If you misuse this refer-a-friend feature or otherwise engage in improper behavior with respect to such feature, as we determine in our sole discretion, we reserve the right to discontinue the Service to you.
(g) Additional Features: We may from time to time add additional features to the Service, such as a new contest, sweepstakes or other promotional program, and any such promotional programs shall be subject to additional terms and conditions which shall be posted (either on the Site or in a separate section) at the time such programs become available and shall be deemed incorporated into, and subject to, these terms and conditions of Service.
3. GRANT OF RIGHTS
We may elect, in our sole discretion, to post your user name and/or Game and/or Contest score on the Site, make it available to other visitors, and use it as part of the Contest or other promotions on or related to the Site or the Service. In addition, we shall have the right, but not the obligation, to use your name, likeness, biography and other information about you (including any information that you post), in connection with your use of the Service (or the Games or Contest associated therewith) in any media now or hereafter known, throughout the world, in connection with the Site, the Service, and other advertising, promotion and other activities of or related to Toyota, its parent, subsidiaries or affiliates, or their respective distributors, dealers, dealer associations, products or services without any payment or other consideration of any kind, or permission or notification, to you or any third party.
You understand and agree that no confidential or fiduciary relationship is established between you and us by playing the Games, Contest, viewing the Videos and/or using the Forwarding E-Mail feature through the Service.4. PRIVACY
You agree to defend, indemnify and hold harmless Toyota, Bunchball, Inc., their respective parents, subsidiaries and affiliates, their respective distributors, dealers, dealer associations and advertising and promotions agencies, together with their respective employees, agents, directors, officers and shareholders (collectively, "Toyota Parties"), from and against all the liabilities, claims, damages and expenses (including reasonable attorneys' fees and costs) arising out of your use of the Site, the Service or any Content, your breach or alleged breach of this Agreement, or your breach or alleged violation of the copyright, trademark, proprietary or other rights of third parties.
6. DISCLAIMER OF WARRANTIES. LIMITATION OF LIABILITIES AND RELEASE OF LIABILITY
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, THE SERVICE OR ANY CONTENT IS SOLELY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR COMPUTER OR LOSS OF DATA THAT MAY RESULT FROM SUCH USE. YOU AGREE THAT THE SERVICE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT TOYOTA PARTIES SHALL HAVE NO LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SITE, THE SERVICE OR ANY FEATURE OR CONTENT OF THE SITE OR THE SERVICE. TOYOTA MAKES NO WARRANTIES THAT THE SITE, THE SERVICE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE, THE SERVICE (OR ANY DOWNLOADS OR OTHER FEATURES THEREOF) OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, NONINFRINGING OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE OR THE SERVICE OR ANY PRODUCT OR SERVICE PROVIDED BY A THIRD PARTY IN CONNECTION WITH THE SERVICE. IN PARTICULAR, PRIZES FOR THE CONTEST ARE PROVIDED BY OUR PRIZE SUPPLIER AND MAY NOT BE INDEPENDENTLY VERIFIED BY US. ANY DECISION OR ACTION TAKEN YOU ON THE BASIS OF INFORMATION OR CONTENT IS AT YOUR SOLE DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, TOYOTA PARTIES AND THEIR LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF THE SERVICE OR CONTENT, INCLUDING WITHOUT LIMITATION THE SUPPLIERS OF THE CONTEST PRIZES) (COLLECTIVELY, "RELEASED PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, WE ASSUME NO RESPONSIBILITY, AND SPECIFICALLY DISCLAIM LIABILITY, FOR ANY DAMAGES RELATING TO OR CAUSED BY ANY VIRUSES WITCH MAY AFFECT YOUR COMPUTER EQUIPMENT, MOBILE DEVICE OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE, THE SERVICE OR ANY CONTENT. WE CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICE. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.
YOU HEREBY RELEASE AND DISCHARGE EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY CLAIMS, DAMAGES, EXPENSES AND LIABILITY ARISING FROM OR RELATED TO ANY INJURIES, DAMAGES OR LOSSES TO ANY PERSON (INCLUDING DEATH) OR PROPERTY OF ANY KIND RESULTING IN WHOLE OR PART, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE SITE, THE SERVICE OR ANY CONTENT, OR THE USE BY TOYOTA OR ITS DESIGNEES OF ANY RIGHTS GRANTED BY YOU.
7. INTELLECTUAL PROPERTY RIGHTS
Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in or practiced in connection with the Site, the Service and the Content (collectively, "Toyota Intellectual Property Rights") are owned by Toyota, its parent, subsidiaries or affiliates (collectively, "Toyota Entities") or its licensors, and you agree to make no claim of interest in or ownership of any such Toyota Intellectual Property Rights. You acknowledge that no title to the Toyota Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service or the Content other than the rights expressly granted in this Agreement. Without limiting the generality of the foregoing, you acknowledge and agree that the trademarks, logos and service marks, whether registered or unregistered (collectively, the "Trademarks") used on the Site, including "xB," "Want2BSquare," "Scion" and "Bunchball", are Trademarks of Toyota Entities or third parties. Nothing contained on the Site or obtained through the Service (including any Content) should be construed as granting by implication, estoppel or otherwise, any license or right to use any such Trademarks without our written consent and/or the consent of such third party that owns the Trademarks. Any use of the Trademarks on the Site is prohibited.
8. COPYRIGHT INFRINGEMENT AND COPYRIGHT AGENT
We respect the intellectual property of others, and we ask our users to do the same. If you are the owner of a United States copyright and you believe that your work has been copied on the Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
(A) a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(B) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(C) a description of where the material that you claim is infringing is located on the Site;
(D) your address, telephone number, and e-mail address;
(E) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(F) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Copyright Agent, Want2BSquare Promotion
445 Bush Street, 4th Floor
San Francisco, CA 94108
Attn: Justin S.
By e-mail: firstname.lastname@example.org
We reserve the right to terminate this Agreement and your access to the Site or the Service immediately, without notice or any liability to you, if you fail to comply with any term or condition of this Agreement.
You agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Site or the Service (including without limitation, any alleged violation of this Agreement, any controversy relating to the arbitrability of any dispute, or any claim that this Agreement (or any part thereof) is invalid, illegal or otherwise voidable (or void)) shall be resolved individually, without resort to any form of class action, and exclusively by arbitration to be held solely in Los Angeles, California under the auspices of the American Arbitration Association and pursuant to its Commercial Dispute Resolution Rules and Procedures; (b) any and all claims, judgments, liabilities and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with your use of the Site or the Service, or otherwise accessing the Site or the Service, but in no event attorneys' fees; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive, all rights to claim, punitive, special, incidental and/or consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Site or the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Site, the Service or any content or other material used or displayed on the Site or the Service.
All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement, your rights and obligations, or our rights and obligations in connection with the Site or the Service, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
(a) Notices And Announcements: Except as expressly provided otherwise herein, all notices to Toyota shall be in writing and delivered via overnight courier or certified mail, return receipt requested to:
Toyota Customer Relations - Mailstop WC11
19001 S. Western Ave.
Torrance, CA 90501
Attn: Want2BSquare Promotion (Scion)
(b) Severability: This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
(c) Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Site and the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement; PROVIDED, HOWEVER, THAT THE TERMS OF THIS AGREEMENT SUPPLEMENT, AND DO NOT SUPERSEDE, THE TERMS OF THE OFFICIAL CONTEST RULES. To the extent there is any conflict between the terms of this Agreement and the Official Contest Rules, the terms of the Official Contest Rules control.
(d) Assignment And Resale: Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. You agree not to resell the Service or any portion thereof.
(e) Waiver: No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Toyota. The remedies of Toyota under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. Any failure by us, at any time or from time to time, to enforce any of our rights under this Agreement shall not constitute a waiver of such right.
(f) Headings: The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
(g) Survival: In the event this Agreement terminates as provided herein, Sections 3, 5, 6, 7, 10 and 11 of this Agreement shall survive such expiration or termination.
I ACCEPT THE TERMS AND CONDITIONS