Terms and Conditions

These terms of use (the “Terms of Use”) govern the use of the <www.toshibaxde.com> website (the, “Website”). Please read these Terms of Use carefully. If you decline the "Terms of Use" below, please do not use the Website.

By using the Website YOU AGREE TO BE BOUND BY THESE TERMS OF USE. In addition, when using particular areas, features and/or functions of the Website, you shall be subject to any posted guidelines or rules applicable to such areas, features and/or functions.

Toshiba America Consumer Products, L.L.C. (herein referred to as “Toshiba,” “we,” “us”, or “our”) reserves the right to modify these Terms of Use at any time. You are responsible for regularly reviewing this Terms of Use and any additional terms and conditions posted to the Terms of Use. Your continued use of the Website constitutes your agreement to all such terms, conditions, and notices.

CONTENT SUBMISSIONS

Certain portions of the Website may allow you to upload photos, alter the photos in certain ways, and send those photos to a designated e-mail address at your direction. To upload a photo you must follow the instructions posted on the Website. We do not, and you agree that we have no obligation to, review the photos posted and/or submitted by users accessing the Website, and that we are not in any manner responsible for the photos. You acknowledge that by providing you with the ability to upload, alter and send photos through the Website, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any photos or activities of users on the Website.

You must be the owner of any photo that you submit, or else you must have obtained the necessary rights from the person who owns it. If any person other than you appears in the photo, you must have their permission to submit the photo. You must be 18 or older to submit a photo.

In addition, before you may submit any photo, it must satisfy the following requirements: (1) your photo cannot contain any visible logos, drawings, cartoons, photographs, pictures, phrases, trademarks or other materials owned by anyone other than you, (2) your photo must not contain images of individuals other than yourself and other people who have given you their permission; and (3) your photo must not contain any content that is offensive, obscene, vulgar, pornographic, indecent, defamatory, disparaging, abusive, racist, sexist, homophobic, or promotes physical harm, nor show any person drinking alcohol, smoking, performing dangerous stunts, using weapons, or engaging in illegal activity.

By uploading a photo to the Website, you irrevocably grant to Toshiba, its parent, subsidiaries and affiliated companies and each of their respective successors and assigns a non-exclusive license to reproduce, display, distribute, perform, use and otherwise exploit the photo throughout the universe, in perpetuity, in any manner or venue and for any purpose, including, without limitation, for purposes of advertising, promotion or trade in promoting and publicizing Toshiba and its products and services, by means of any and all media and devices whether now known or hereafter devised. Toshiba shall have the right, in its sole discretion, to edit, prepare derivative works based upon, composite, morph, scan, duplicate, or alter the photo in any manner for any purpose which Toshiba deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the photo, and you agree that you shall have no right of approval, and no claim to compensation. In addition, you represent and warrant that neither the photo, nor the use of the photo as permitted hereunder, will infringe upon or violate the intellectual property rights or other rights of any other person or entity or any applicable laws.

DESCRIPTION OF SERVICE

In order to use the Website, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web and/or the mobile telephone voice and/or data network, including a computer and modem or other access device.

We grant you a limited license to access and make personal use of the Website, but not to download (other than page caching) or modify any portion of the Website, except as specifically authorized on the Website or otherwise with our express written consent. This license does not include any resale or commercial use of the Website or the contents of the Website; any derivative use of the Website and/or its respective contents; any downloading or copying of account information for the benefit of a third party not authorized by us; or any use of data mining, robots, or similar data gathering and extraction services. The Website and/or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may provide links to our Website from other web sites provided that (a) you link only to our Website's home page, (b) you do not remove or obscure, by framing or otherwise, any identifications, advertisements, copyright notices, or other notices on our Website, (c) you give Toshiba notice of such links via e-mail or certified postal mail, and (d) you discontinue providing links to our Website if requested by Toshiba.

OWNERSHIP

All content on the Website such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property and is protected by U.S. and/or international copyright laws. The compilation of all content on the Website is our exclusive property and is protected by U.S. and/or international copyright laws.

Except as expressly provided in "Description of Service" above, your use of and access to the Website does not grant you any license or right to use any of our trademarks, trade names or copyrights.

COPYRIGHT AGENT

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and e-mail address; (5) a written 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 (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright infringement can be reached as follows:

We suggest that you consult your legal advisor before filing a notice with our copyright agent. You should note that there can be penalties for false claims under the DMCA.

We may, in appropriate circumstances and in our sole discretion, terminate the accounts of users who may be repeat infringers or otherwise prohibit such users from accessing the Website.

LINKS

We may provide, or third parties may provide, links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, goods or services available on or through any such site or resource.

INDEMNIFICATION

You agree to indemnify and hold us, our representatives, agents, affiliates, and subsidiaries harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website, your violation of these Terms of Use, or your violation of any rights of another person or entity.

DISCLAIMER OF WARRANTY

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WE DO NOT WARRANT THAT THE WEBSITE AND/OR ITS SERVERS, OR E- MAIL SENT FROM US OR THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, USEFUL OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY DEFECTS OR ERRORS OF THE WEBSITE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE 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 US OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, GOODS AND/OR SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO US.

IF DESPITE THE LIMITATION ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATION ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF U.S.$100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

NOTICE

We may provide notices of changes to these Terms of Use or other matters by posting conspicuous notices or links to notices to you generally on the Website. Your continued use of the Website following the posting of conspicuous notice of any change or modification to these Terms of Use will be subject the Terms of Use in effect at the time of your use. You agree to review the Terms of Use periodically. Your continued use of the Website following the posting of conspicuous notice of any modification, will be your acceptance of the modified Terms of Use.

GENERAL

These Terms of Use constitute the entire agreement between you and us, and govern your use of the Website, superseding any prior agreements between you and us. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Your acceptance of the Terms of Use and use of the Website do not create a joint venture, partnership, employment or agency relationship between you and us. You may not assign, delegate or transfer your rights or obligations under the Terms of Use and any such prohibited assignment transfer shall be null and void. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms of Use and the relationship between you and us shall be governed by the laws of the state of New Jersey, without regard to its conflict of law provisions. Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, will be settled by binding arbitration conducted before one arbitrator who is knowledgeable in computer and cyberspace law. The arbitration will be conducted in accordance with the then applicable Commercial Arbitration Rules of the American Arbitration Association. The award rendered by the arbitrator will be binding and conclusive on the parties and judgment upon any such award may be entered in any court having jurisdiction thereof. Each party will bear its own costs and expenses associated with the arbitration, including fees and expenses of counsel. The arbitrator will not be empowered to award punitive damages to either party. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and/or the country in which you reside. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

OUR RIGHT TO MONITOR

We may electronically monitor any areas of this Website and may disclose any records or electronic communication of any kind (i) to satisfy a government request, law or regulation; (ii) to protect our rights or the rights of other users, sponsors, affiliates, licensors and licensees; (iii) to protect our ability to maintain and operate this Website.

We may, upon notice, investigate any alleged infringement, defamation, violation of these terms of use, illegal, or offensive material or communication on the Website. Upon determination that any violation of any right has occurred, we may, at our sole discretion, terminate or suspend all privileges you currently hold in connection with our goods and services, or request that you remove the offending material.

CONTACT INFORMATION

You may contact us by email at webmaster@tacp.com , or by regular mail at Toshiba America Consumer Products, L.L.C., 82 Totowa Road, Wayne, New Jersey 07470