General Terms & Conditions

General

Introduction  Thank you for using the Togotiki Inc. Platform and Service.  This agreement applies to anyone accessing content through the Togotiki Platform and Service, including individuals or entities that are only viewing content distributed by the Platform and Service, including Content that has been embedded on third-party sites..  Your usage of the services are governed by this agreement. 

Parties.   Togotiki, Inc.,  (“Togotiki”,  “we”, “us”, “our”, “services” “platform”) along with its (and its successors’ and Affiliates’) is providing a media hosting and distribution service and platform to its Account Holders (“Customer”, “Content Providers”, “Clients”).

 This Agreement constitutes a binding agreement between you as a Content Viewer (“you”, “user”, “viewer user”) on the platform and service and Togotiki Inc. a Michigan Corporation. 

If you are an Account Holder, Customer, Content Provider or Account User then you are also subject to the terms and conditions of the Customer User Agreement.  If you want to upload any content onto the service then you must register an Account on the system and accept the Customer User Agreement.  If there is a conflict between this agreement and the Customer User Agreement, then the terms of the Customer User Agreement shall prevail.

This Agreement represents the parties’ entire understanding regarding the Services provided to viewers of content on the platform and shall govern over any prior oral or written agreement.  If you are representing an entity other than yourself, you further stipulate that you are authorized to act as their agent and they are additionally and equally bound by this agreement. 

Acceptance.   Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.  Your continued usage of the platform for viewing content is an acknowledgement of your acceptance of this agreement.   We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.

Additional Agreements.  This agreement includes our Privacy & Cookie Policy and collectively it shall be considered part of this Agreement.

Usage

Age Requirements  You must be at least 13 years old to use the Service. If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.  If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.

Content on the Service  The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, us, an Account Holder or a third-party (collectively, “Content”).

Content is the responsibility of the person or entity that provides it to the Service.  If you see any Content you believe does not comply with this Agreement, including by violating  the law, you can report it to us.  If you feel the Content has violated any rights or interests you may have then you agree your claim is solely with the party(s) that provided the Content, and not our service or platform.

Engagement and Usage  You can interact and use content on the Service such as browsing and searching Content that is marked as publicly available by the Content Provider, without creating a Viewer Account in the System.  Additionally, you can submit your contact information to the service without creating a Viewer Account, if you chose to share it with a Content Provider or Account Holder.  In order to monitor performance, conduct analytics and provide reporting your interaction on the system will be collected.

Viewer Account  Certain functionality in the service will require you to create a Viewer Account on the service.  Your Viewer account will include the following minimum information: User ID (email), password, name, date of birth, and cell phone.  Your Viewer Account will allow you to access private Content that has been shared with you through an email address.  An Account Holder (Content Provider) may initiate an invitation to the Service to share Content with you.  Your acceptance of the invitation and registration are also an acknowledgement of your consent to this agreement.   You must protect your password and are not allowed to share your account with another person.

General Usage  You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to Content for your personal, non-commercial use. The following restrictions apply to your use of the Service. You are not allowed to:

  1. Download or attempt to capture via screen capturing or other means any Content displayed or distributed on the Service, unless you are expressly authorized to do so by the Content Provider.
  2. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from us and, if applicable, the respective rights holders;
  3. circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
  4. access the Service using any automated means (such as robots, botnets or scrapers) except (a) in the case of public search engines;
  5. collect or harvest any information that might identify a person (for example, usernames), unless permitted by that person;
  6. cause or encourage any inaccurate measurements of genuine user engagement with the Service;
  7. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
  8. use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service);

Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or us.

We may suspend or terminate your access to the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, us or our Affiliates.

Warranty Disclaimer
 OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND WE DO NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE. 

Limitation of Liability

EXCEPT AS REQUIRED BY APPLICABLE LAW, WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:

  1. ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;
  2. PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;
  4. ANY INTERRUPTION OR CESSATION OF THE SERVICE;
  5. ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
  6. ANY CONTENT WHETHER SUBMITTED BY A USER OR US, INCLUDING YOUR USE OF CONTENT; AND/OR
  7. THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.

THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

Changes to the Service  We are constantly changing and improving the Service. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our Service, prevent abuse, or comply with legal requirements.

Severance  If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

Arbitration.  If you are dissatisfied with our services for any reason we will work in good faith to resolve our difference in a commercially reasonable manner.  If we cannot resolve such dispute, you agree to binding arbitration.  The arbitrator shall be selected by the American Arbitration Association.  The arbitration shall be conducted in Detroit, Michigan.  The laws of the State of Michigan shall be applied in any arbitration proceedings, without regard to principles of conflict of laws.