Updated: October 31, 2017
Welcome to the Tozai, Inc. ("Tozai")
games online website at www.tozaigames.com
or www.loderunner.com or www.loderunnerclassic.com
("Site"). By accessing the Site, you agree to the
not use the Site.
Tozai reserves the right to modify or replace these
revised version on the Site (or such later effective date as may be indicated
Your continued use of the Site following the posting of any changes to
must stop using the Site. In
addition, Tozai may provide other methods by which you may accept these Terms
for information on how Tozai collects, uses and discloses personally
identifiable information from its users and customers. By using the Site, you are consenting
to have your personal information transferred, processed and stored in the
and Limited License to Site and Site Materials
The Site and all the materials on the Site,
including without limitation any Tozai and third party logos and all designs,
games, animations, videos, tutorials, text, graphics, pictures, information and
other content (collectively, "Site Materials"), are the proprietary
property of Tozai or its licensors.
You are granted a limited, nonexclusive license (without the right to
sublicense) to access and use the Site and Site Materials for your personal use
only. The license is subject to
Materials; (b) any distribution, public performance or public display of
any Site Materials; (c) modifying or otherwise making any derivative uses
of the Site or any Site Materials; (d) use of any data mining, robots or
similar data gathering or extraction, automated account registration, or
account utilization methods; (e) downloading (other than the page caching)
of any portion of the Site, the Site Materials or any information contained
therein; or (f) any use of the Site or any Site Materials other than for
its intended purpose. Any use of
the Site or Site Materials other than as specifically authorized herein is
strictly prohibited and will terminate the foregoing license.
In accordance with the Digital Millennium Copyright Act
(DMCA) and other applicable law, Tozai has adopted a policy of terminating, in
appropriate circumstances and at Tozai's sole discretion, users who are deemed
to be repeat infringers. Tozai may
also at its sole discretion limit access to the Site and/or terminate the usage
of any users who infringe any intellectual property rights of others, whether
or not there is any repeat infringement.
If you believe that anything on the Site infringes upon any
copyright which you own or control, you may file a notification of such
infringement with our Designated Agent as set forth below.
Designated Agent: Sheila Boughten
Address: Tozai, Inc.
12505 Bel-Red Rd., Suite 210,
Bellevue, WA 98005
Number: (425) 484-9471
Number: (425) 671-0417
Please see 17 U.S.C. §512(c)(3) for the requirements of a
proper notification. Please note that the information provided in your
notification, including any personal information contained therein, may be
forwarded to the person who has provided the allegedly infringing content, and
your sending us such notification constitutes your consent to share this
information with the alleged infringer.
You should also note that if you make any material
misrepresentation in your notification that the material or activity is
infringing, you will be liable for all damages, including costs and attorneys'
fees, incurred by us or the alleged infringer as the result of our relying upon
such misrepresentation in removing or disabling access to the material or
activity claimed to be infringing.
We may give notice of a claim of copyright infringement to
our users by means of a general notice on the Site, electronic mail to a user's
email address in our records, or by written communication sent by first-class
mail to a user's address in our records.
As a condition of using the Site, you agree not to
do any of the following:
use the Site in violation of applicable law or in a
manner that facilitates or furthers the violation of applicable law;
use the Site in a way that harms Tozai or Tozai's
affiliates, vendors, or users;
use any portion of the Site as a destination linked
from any unsolicited bulk messages or unsolicited commercial messages (such as
attempt to use or access the Tozai account of a
person other than you;
damage, disable, overburden or impair the Site (or
the network(s) connected to the Site) or otherwise interfere with anyone's use
and enjoyment of the Site;
attempt to reverse-engineer or otherwise discover
or recreate any part of the Site (including any code, technology or methodology
used in connection with the Site);
resell or redistribute the Site, or any part of the
Site, or otherwise use the Site for any purpose other than your own personal
use the Site other than for its intended purpose.
Tozai™, Tozai Games™, Lode
Runner®, R‑Type®, the Tozai logos and any other
product or service name or slogan contained in the Site are trademarks of Tozai
and its licensors and may not be copied, imitated or used, in whole or in part,
without the prior written permission of Tozai or the applicable trademark
holder. You may not use any
metatags or any other "hidden text" utilizing "Tozai" or
any other name, trademark or product or service name of Tozai without our prior
written permission. In addition,
the look and feel of the Site, including all page headers, graphics, button
icons and scripts, is the service mark, trademark or trade dress of Tozai and
its licensors and may not be copied, imitated or used, in whole or in part,
without our prior written permission.
All other trademarks, registered trademarks, product names and company
names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services,
processes or other information, by trade name, trademark, manufacturer,
supplier or otherwise does not constitute or imply endorsement, sponsorship or
recommendation thereof by Tozai.
You may not use, frame or utilize framing
techniques to enclose any Tozai trademark, logo or other proprietary
information, including the images found at the Site, the content of any text or
the layout/design of any page or form contained on a page on the Site without
Tozai's prior written consent.
Tozai makes no claim or representation regarding,
and accepts no responsibility for, the quality, content, nature or reliability
of third-party Web sites accessible by hyperlink from the Site or of Web sites
linking to the Site. Such sites
are not under the control of Tozai and Tozai is not responsible for the
contents of any linked site or any link contained in a linked site, or any
review, changes or updates to such sites.
Tozai provides these links to you only as a convenience, and the
inclusion of any link does not imply affiliation, endorsement or adoption by
Tozai of any site or any information contained therein. When you leave the Site, you should be
aware that our terms and policies no longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any site to which you
navigate from the Site.
You agree that any materials, including questions,
comments, suggestions, feedback, ideas, game levels, plans, notes, postings,
original or creative materials or other information, regarding the Site, Lode
Runner®, R-Type® and other games, Site Materials, or
other offerings of Tozai or its affiliates that are provided by you in the form
of email, web form, or other submissions to Tozai ("Submissions") are
non-confidential and shall become the sole property of Tozai. You hereby assign to Tozai all of your
right, title and interest in and to such Submissions, including all
intellectual property rights therein, and Tozai shall be entitled to the
unrestricted use and dissemination of these materials for any purpose,
commercial or otherwise, without acknowledgment or compensation to you.
and Use of Data and Related Information
Although it is not Tozai's preference to provide
governmental authorities with access to account information, you acknowledge
that Tozai may be required to do so from time to time. As such, you authorize Tozai to deliver
to furnish any information about your Tozai account (including usage
information and Registration Data), access to your Tozai account (including any
data stored in your account), and such other information in connection with
your use of the Site, to such governmental authorities as may order or demand
the same, with or without notice to you.
You will defend and indemnify Tozai, its
affiliates, independent contractors and service providers, and each of their
respective members, directors, officers, employees and agents ("Tozai
Parties"), from and against all claims, damages, costs, liabilities and
expenses (including reasonable attorneys' fees) arising out of or related to
your use of, or inability to use, the Site.
THE SITE IS PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND.
TOZAI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT, AS TO THE SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT
SHALL ANY OF THE TOZAI PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF
PROFITS), WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE, ARISING OUT OF OR RELATING TO THE SITE, EVEN IF A TOZAI PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TOZAI PARTIES
(WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR
OTHER THEORY) ARISING OUT OF OR RELATING TO THE SITE EXCEED ONE DOLLAR (US$1).
Law and Venue
be governed by and construed in accordance with the laws of the State of
Washington, without resort to its conflict of law provisions to the
contrary. You agree that any
action at law or in equity arising out of or relating to the Site or these
King County, Washington, and you hereby irrevocably and unconditionally consent
and submit to the exclusive jurisdiction of such courts over any suit, action
Modification of Site
Tozai reserves the right, without notice and in its
sole discretion, to terminate your access to the Site or any features on the
Site, and to block or prevent future your access to and use of the Site,
including termination of your account.
In addition, Tozai reserves the right to change, cancel or delete any
and all services and features provided as part of the Site at any time, with or
without notice to you.
deemed unlawful, void or for any reason unenforceable, then that provision
validity and enforceability of any remaining provisions.
If you have any questions about Tozai or the Site,
please contact us at firstname.lastname@example.org.