TERMS OF USE AND SERVICE
Effective Date: June 9, 2008
IF LOOKS COULD KILL TERMS & CONDITIONS
Welcome to the If Looks Could Kill microsite. This Site is operated by Toyota Motor Sales, U.S.A., Inc. (hereinafter referred to as "Toyota") and materials on the Site are owned, for the most part, by Toyota. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and Toyota.
Please take a moment to review the Terms and Conditions detailed below (the “Terms”). The Terms apply to all Visitors, regardless of their level of participation; by visiting If Looks Could Kill you accept and agree to be bound by the terms and conditions set forth herein. If you wish to become eligible for the sweepstakes you must register and become a Member, you must read the entire Terms, and indicate your acceptance at the end of this document before completing the Registration process. After registration, Members must check-in on a weekly basis to be eligible to win the weekly sweepstakes. If you do not check- in for the weekly sweepstakes, you will not be included. This Site is open to all permanent, legal residents of the continental United States only; however, you must be at least 18 years old (or 19 years old if a resident of Alabama or Nebraska, or 21 years old if a resident of Mississippi) to become a registered member (“Member”) and use the Services provided on this Site, including but not limited to the ability to post personal information about yourself (“Your Profile”) and other text, photographs, videos and audio content (collectively, “Submissions”). These terms and conditions of Use and Service constitute a legal agreement ("Agreement") between you and Toyota. By completing the registration process on this Site you (1) represent that you are at least 18 years of age (or 19 years old if a resident of Alabama or Nebraska, or 21 years old if a resident of Mississippi); and (3) agree to be bound by these terms and conditions of this Agreement. Even if you do not complete the registration process, you will be bound by the terms and conditions of this Agreement (to the extent applicable to you) when you visit this Site. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at support@iflookscouldkill.com. THIS WEBSITE IS ONLY INTENDED FOR VIEWING IN, AND BY, PERMANENT, LEGAL RESIDENTS OF, THE CONTINENTAL UNITED STATES ONLY EIGHTEEN (18) YEARS OR OLDER (or 19 years old if a resident of Alabama or Nebraska, or 21 years old if a resident of Mississippi). If you are not an intended viewer, kindly do not use or view this Site. In this Agreement, "you" and "your" refer to each Member 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 Use of this Site. 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 THIS SITE, AND OTHER WEBSITES PROVIDED BY TOYOTA, SUCH AS WWW.YOUROTHERYOU.COM, HAVE DIFFERENT TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE SITES. You may not copy, download, distribute (including without limitation, forwarding to others), modify, publish, transmit, display, sell, license, use, reuse, or create derivative works of any of the contents of or material displayed on If Looks Could Kill for any purpose whatsoever without our written consent and/or the consent of any third party we deem necessary. You may not access or use If Looks Could Kill in any way that could or is intended to damage or impair the operation of If Looks Could Kill, or any content of or material displayed on If Looks Could Kill, or any server or network underlying If Looks Could Kill, or interferes with anyone else's use and enjoyment of If Looks Could Kill.
1. DESCRIPTION OF SERVICE
You may view this site and participate in each episode of If Looks Could Kill without becoming a Member. However, you may not participate in the weekly sweepstakes without registering and becoming a Member. When you register to become a Member, you may also opt-in to receive marketing materials from Toyota. It is completely voluntarily to opt-in to receive these materials. You acknowledge and agree that this Site and Service is for your personal, non commercial use. You agree that you may not transmit or broadcast any commercial messages, text, photographs, video or audio content.
2. REGISTRATION AND ACCESS
(a) Registration Data: If you opt to register for the Service on this 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 by writing to support@iflookscouldkill.com. If we have reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, we have the right to eliminate your ability to access the Site and refuse any and all current or future participation on the Site (or any portion thereof). You acknowledge and agree that we may send you important information and notices regarding your Use of the Site 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 Site and Service.
(b) Access without Registration: We may provide you with access to view the content of the Site, without requiring that you register. However, if you want to participate in the weekly sweepstakes, you must register on the Site.
(c) 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 Site’s operation, or portions thereof, with or without notice to you.
(d) Third Party Products and Services and Links: Toyota’s not responsible for any references to products and services of independent third parties identified in the If Looks Could Kill experience or for any links to third party websites identified in the experience. 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. TOYOTA SHALL NOT BE RESPONSIBLE FOR THE CONTENTS OF ANY WEBSITE LINKED TO IF LOOKS COULD KILL, AND THE FACT SUCH LINKS ARE PROVIDED ON IF LOOKS COULD KILL DOES NOT INDICATE OUR APPROVAL OR ENDORSEMENT OF ANY MATERIAL CONTAINED ON ANY LINKED WEBSITE. YOUR CONNECTION TO AND USE OF ANY SUCH LINKED WEBSITE IS AT YOUR OWN RISK.
7. GRANT OF RIGHTS
You grant to us and our designees an exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to publicize winners of the weekly sweepstakes, in any media now or hereafter known, without any payment or other consideration of any kind, or permission or notification, to you or any third party. We reserve all rights, including without limitation, the right to reproduce, record, alter, amend, edit, publish, publicly perform, use, merchandise, license, sublicense, adapt, and stream the winners’ names, images and other information in any and all media now or hereafter known, including but not limited to, the Internet and outdoor billboards, throughout the world, related to the TMS/USA Entities, our dealers and dealer associations, sales of our products (for example, sales of Toyota automobiles), If Looks Could Kill, and any other promotions sponsored by us.
You waive any claim of alteration, optical illusion, or faulty mechanical or electronic reproduction of any photograph(s), including without limitation, any claim due to any variation of the color, tone, clarity, cropping, or other appearance of any photograph(s).
You understand and agree that no confidential or fiduciary relationship is established between you and us by providing any images and other information through If Looks Could Kill.
If you desire any images or information to be removed from If Looks Could Kill, please contact us at support@iflookscouldkill.com.
3. PRIVACY
You should review the If Looks Could Kill Online Privacy Statement for an explanation of our collection and use of personal information under this Agreement and before further using If Looks Could Kill, regardless of your level of participation, as you will be bound by the terms of such Online Privacy Statement.
4. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Toyota and its parent, 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 this Site, 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.
5. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND/OR SERVICE IS SOLELY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR COMPUTER OR ANY OTHER EQUIPMENT OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF THIS SITE, THE SERVICE. YOU AGREE THAT THE SERVICE IS 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 AND/OR ANY SERVICE, OR ANY PART THEREOF. TOYOTA MAKES NO WARRANTIES THAT THIS SITE, THE SERVICE. OR ANY MATERIAL OBTAINED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, NON-INFRINGING OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR ANY AND ALL CHARGES, COSTS AND/OR EXPENSES FOR USE OF THE SITE AND/OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THIS SITE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE AND/OR ANY SERVICE. WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION THAT YOUR USE OF THE MATERIAL DISPLAYED ON, OR OBTAINED THROUGH, THIS SITE (AND/OR THE SERVICE) IS NON-INFRINGING OF ANY RIGHTS OF ANY THIRD PARTY. Any opinions or statements or other material expressed, transmitted, or posted on If Looks Could Kill by Members are those of such parties, and we do not endorse any such opinion, statement, or other material. Any Visitor who feels that a posting is objectionable is encouraged to contact us immediately at support@iflookscouldkill.com. We have the ability to remove objectionable content and we will make every effort to do so, within a reasonable time frame, if we determine in our sole discretion that removal is necessary or appropriate. Any decision or action taken by you on the basis of information or content provided on If Looks Could Kill is at your sole discretion and risk. We are not responsible or liable for any such decision, or for the accuracy, completeness, usefulness, or availability of any content displayed, transmitted, or otherwise made available on If Looks Could Kill, or for the timeliness, deletion or misdelivery of, or failure to store or post, any communications or personalization settings.
6. LIMITATION OF LIABILITIES AND RELEASE OF LIABILITY
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT TOYOTA'S ENTIRE LIABILITY TO YOU OR ANY THIRD PERSON, AND YOUR OR ANY THIRD PERSON'S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT FIFTY CENTS ($.50), DURING THE TERM OF THIS AGREEMENT. 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) (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. 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, DISCHARGE, INDEMNIFY AND HOLD HARMLESS 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 THIS SITE, THE SERVICE OR DOWNLOAD(S), INCLUDING, WITHOUT LIMITATION, YOUR BREACH OF THIS AGREEMENT 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 use of the Site or any Service (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, 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 this Site, including “Yaris” and “If Looks Could Kill”, are Trademarks of Toyota Entities or third parties. Nothing contained on this Site or obtained through the Service 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 this 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 this 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 this 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:
By mail:
Copyright Agent
c/o Toyota Customer Experience-Mailstop WC11
Toyota Motor Sales, U.S.A., Inc.
19001 South Western Avenue
Torrance, California 90501
By phone: 1-800-331-4331
By facsimile: 310-468-7814
By e-mail: www.toyota.com/copyrightagent
9. TERMINATION We reserve the right to terminate this Agreement and your access to this Site or the Service, if any, immediately, without notice or any liability to you, if you fail to comply with any term or condition of this Agreement.
10. DISPUTES You agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, this 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 this Site or the Service, or otherwise accessing this 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 this Site or the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Site, the Service or any content or other material used or displayed on this 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 this 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.
11. MISCELLANEOUS (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
(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 this 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.
(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 4-7, 10 and 11 of this Agreement shall survive such expiration or termination.
Effective Date: June 9, 2008
IF LOOKS COULD KILL TERMS & CONDITIONS
Welcome to the If Looks Could Kill microsite. This Site is operated by Toyota Motor Sales, U.S.A., Inc. (hereinafter referred to as "Toyota") and materials on the Site are owned, for the most part, by Toyota. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and Toyota.
Please take a moment to review the Terms and Conditions detailed below (the “Terms”). The Terms apply to all Visitors, regardless of their level of participation; by visiting If Looks Could Kill you accept and agree to be bound by the terms and conditions set forth herein. If you wish to become eligible for the sweepstakes you must register and become a Member, you must read the entire Terms, and indicate your acceptance at the end of this document before completing the Registration process. After registration, Members must check-in on a weekly basis to be eligible to win the weekly sweepstakes. If you do not check- in for the weekly sweepstakes, you will not be included. This Site is open to all permanent, legal residents of the continental United States only; however, you must be at least 18 years old (or 19 years old if a resident of Alabama or Nebraska, or 21 years old if a resident of Mississippi) to become a registered member (“Member”) and use the Services provided on this Site, including but not limited to the ability to post personal information about yourself (“Your Profile”) and other text, photographs, videos and audio content (collectively, “Submissions”). These terms and conditions of Use and Service constitute a legal agreement ("Agreement") between you and Toyota. By completing the registration process on this Site you (1) represent that you are at least 18 years of age (or 19 years old if a resident of Alabama or Nebraska, or 21 years old if a resident of Mississippi); and (3) agree to be bound by these terms and conditions of this Agreement. Even if you do not complete the registration process, you will be bound by the terms and conditions of this Agreement (to the extent applicable to you) when you visit this Site. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at support@iflookscouldkill.com. THIS WEBSITE IS ONLY INTENDED FOR VIEWING IN, AND BY, PERMANENT, LEGAL RESIDENTS OF, THE CONTINENTAL UNITED STATES ONLY EIGHTEEN (18) YEARS OR OLDER (or 19 years old if a resident of Alabama or Nebraska, or 21 years old if a resident of Mississippi). If you are not an intended viewer, kindly do not use or view this Site. In this Agreement, "you" and "your" refer to each Member 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 Use of this Site. 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 THIS SITE, AND OTHER WEBSITES PROVIDED BY TOYOTA, SUCH AS WWW.YOUROTHERYOU.COM, HAVE DIFFERENT TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE SITES. You may not copy, download, distribute (including without limitation, forwarding to others), modify, publish, transmit, display, sell, license, use, reuse, or create derivative works of any of the contents of or material displayed on If Looks Could Kill for any purpose whatsoever without our written consent and/or the consent of any third party we deem necessary. You may not access or use If Looks Could Kill in any way that could or is intended to damage or impair the operation of If Looks Could Kill, or any content of or material displayed on If Looks Could Kill, or any server or network underlying If Looks Could Kill, or interferes with anyone else's use and enjoyment of If Looks Could Kill.
1. DESCRIPTION OF SERVICE
You may view this site and participate in each episode of If Looks Could Kill without becoming a Member. However, you may not participate in the weekly sweepstakes without registering and becoming a Member. When you register to become a Member, you may also opt-in to receive marketing materials from Toyota. It is completely voluntarily to opt-in to receive these materials. You acknowledge and agree that this Site and Service is for your personal, non commercial use. You agree that you may not transmit or broadcast any commercial messages, text, photographs, video or audio content.
2. REGISTRATION AND ACCESS
(a) Registration Data: If you opt to register for the Service on this 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 by writing to support@iflookscouldkill.com. If we have reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, we have the right to eliminate your ability to access the Site and refuse any and all current or future participation on the Site (or any portion thereof). You acknowledge and agree that we may send you important information and notices regarding your Use of the Site 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 Site and Service.
(b) Access without Registration: We may provide you with access to view the content of the Site, without requiring that you register. However, if you want to participate in the weekly sweepstakes, you must register on the Site.
(c) 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 Site’s operation, or portions thereof, with or without notice to you.
(d) Third Party Products and Services and Links: Toyota’s not responsible for any references to products and services of independent third parties identified in the If Looks Could Kill experience or for any links to third party websites identified in the experience. 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. TOYOTA SHALL NOT BE RESPONSIBLE FOR THE CONTENTS OF ANY WEBSITE LINKED TO IF LOOKS COULD KILL, AND THE FACT SUCH LINKS ARE PROVIDED ON IF LOOKS COULD KILL DOES NOT INDICATE OUR APPROVAL OR ENDORSEMENT OF ANY MATERIAL CONTAINED ON ANY LINKED WEBSITE. YOUR CONNECTION TO AND USE OF ANY SUCH LINKED WEBSITE IS AT YOUR OWN RISK.
7. GRANT OF RIGHTS
You grant to us and our designees an exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to publicize winners of the weekly sweepstakes, in any media now or hereafter known, without any payment or other consideration of any kind, or permission or notification, to you or any third party. We reserve all rights, including without limitation, the right to reproduce, record, alter, amend, edit, publish, publicly perform, use, merchandise, license, sublicense, adapt, and stream the winners’ names, images and other information in any and all media now or hereafter known, including but not limited to, the Internet and outdoor billboards, throughout the world, related to the TMS/USA Entities, our dealers and dealer associations, sales of our products (for example, sales of Toyota automobiles), If Looks Could Kill, and any other promotions sponsored by us.
You waive any claim of alteration, optical illusion, or faulty mechanical or electronic reproduction of any photograph(s), including without limitation, any claim due to any variation of the color, tone, clarity, cropping, or other appearance of any photograph(s).
You understand and agree that no confidential or fiduciary relationship is established between you and us by providing any images and other information through If Looks Could Kill.
If you desire any images or information to be removed from If Looks Could Kill, please contact us at support@iflookscouldkill.com.
3. PRIVACY
You should review the If Looks Could Kill Online Privacy Statement for an explanation of our collection and use of personal information under this Agreement and before further using If Looks Could Kill, regardless of your level of participation, as you will be bound by the terms of such Online Privacy Statement.
4. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Toyota and its parent, 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 this Site, 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.
5. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND/OR SERVICE IS SOLELY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR COMPUTER OR ANY OTHER EQUIPMENT OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF THIS SITE, THE SERVICE. YOU AGREE THAT THE SERVICE IS 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 AND/OR ANY SERVICE, OR ANY PART THEREOF. TOYOTA MAKES NO WARRANTIES THAT THIS SITE, THE SERVICE. OR ANY MATERIAL OBTAINED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, NON-INFRINGING OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR ANY AND ALL CHARGES, COSTS AND/OR EXPENSES FOR USE OF THE SITE AND/OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THIS SITE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE AND/OR ANY SERVICE. WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION THAT YOUR USE OF THE MATERIAL DISPLAYED ON, OR OBTAINED THROUGH, THIS SITE (AND/OR THE SERVICE) IS NON-INFRINGING OF ANY RIGHTS OF ANY THIRD PARTY. Any opinions or statements or other material expressed, transmitted, or posted on If Looks Could Kill by Members are those of such parties, and we do not endorse any such opinion, statement, or other material. Any Visitor who feels that a posting is objectionable is encouraged to contact us immediately at support@iflookscouldkill.com. We have the ability to remove objectionable content and we will make every effort to do so, within a reasonable time frame, if we determine in our sole discretion that removal is necessary or appropriate. Any decision or action taken by you on the basis of information or content provided on If Looks Could Kill is at your sole discretion and risk. We are not responsible or liable for any such decision, or for the accuracy, completeness, usefulness, or availability of any content displayed, transmitted, or otherwise made available on If Looks Could Kill, or for the timeliness, deletion or misdelivery of, or failure to store or post, any communications or personalization settings.
6. LIMITATION OF LIABILITIES AND RELEASE OF LIABILITY
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT TOYOTA'S ENTIRE LIABILITY TO YOU OR ANY THIRD PERSON, AND YOUR OR ANY THIRD PERSON'S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT FIFTY CENTS ($.50), DURING THE TERM OF THIS AGREEMENT. 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) (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. 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, DISCHARGE, INDEMNIFY AND HOLD HARMLESS 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 THIS SITE, THE SERVICE OR DOWNLOAD(S), INCLUDING, WITHOUT LIMITATION, YOUR BREACH OF THIS AGREEMENT 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 use of the Site or any Service (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, 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 this Site, including “Yaris” and “If Looks Could Kill”, are Trademarks of Toyota Entities or third parties. Nothing contained on this Site or obtained through the Service 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 this 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 this 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 this 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:
By mail:
Copyright Agent
c/o Toyota Customer Experience-Mailstop WC11
Toyota Motor Sales, U.S.A., Inc.
19001 South Western Avenue
Torrance, California 90501
By phone: 1-800-331-4331
By facsimile: 310-468-7814
By e-mail: www.toyota.com/copyrightagent
9. TERMINATION We reserve the right to terminate this Agreement and your access to this Site or the Service, if any, immediately, without notice or any liability to you, if you fail to comply with any term or condition of this Agreement.
10. DISPUTES You agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, this 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 this Site or the Service, or otherwise accessing this 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 this Site or the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Site, the Service or any content or other material used or displayed on this 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 this 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.
11. MISCELLANEOUS (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
(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 this 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.
(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 4-7, 10 and 11 of this Agreement shall survive such expiration or termination.