This website is operated by Tokki. Throughout the site, the terms “we”, “us” and “our” refer to Tokki. Tokki offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, leaving a message, and/or creating an account with us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account. We work constantly to improve our services and develop new features to make our products better for you and our community. As a result, we may update this Agreement by posting a revised version on our website accurately reflect our services. Unless otherwise required by law, we will notify you before we make changes to these Terms and give you an opportunity to review them before they go into effect. By continuing to use our Services, you accept any revised Agreement.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS:
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
CLASS ACTION WAIVER
TOKKI AND YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE, INCLUDING ARBITRATION AND LITIGATION IN COURT, WILL BE CONDUCTED INDIVIDUALLY ONLY. Neither of us will seek to have any dispute heard as a class action, a class-wide arbitration, a private attorney-general action, or any other proceeding in which either of us acts or proposes to act as a representative for others. Tokki and you also agree that no arbitration or other proceeding will be combined with another arbitration or proceeding without the written consent of Tokki, you, and every other party to that arbitration or proceeding.
The arbitration will be administered by Judicial Dispute Resolution, L.L.C., (or if it fails or declines to serve, another similar service or organization agreed to by Tokki and you, or appointed by the court if the parties cannot agree), in accordance with its rules of practice and procedure. The arbitrator will be bound to follow applicable federal and state laws and regulations in deciding all issues and in rendering any award. The parties will be entitled to invoke the rules of discovery. The arbitration proceedings will be conclusive and not appealable, and any party to any award rendered in any arbitration proceeding will be entitled to have judgment entered on that award. Arbitration will take place in Seattle, Washington, or, at your election, in your county, and will be held in English. Each of us will pay our own attorneys’ fees and expenses and one-half of the arbitrator’s fees and expenses.
This Mandatory Arbitration section does not apply to disputes about the enforcement or validity of Tokki’s or your intellectual property rights, or the intellectual property rights of our respective licensors.
You may reject any change we make to this Mandatory Arbitration section by sending us notice within 30 days of the change by U.S. Mail to Tokki’s address in the Applicable Law section. If you do, the most recent version of this Mandatory Arbitration section before the change you rejected will apply.
TIME LIMIT TO BRING CLAIMS. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND TOKKI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES AND THE INTERACTIVE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY
THIRD PARTY SITES
This Site may include links to other Internet sites maintained by third parties (“Linked Sites”). Tokki provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Tokki of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the Tokki Site. Linked Sites are not under the control of Tokki and Tokki is not responsible for the contents of any Linked Site.
You may create an account to use certain features we offer (e.g., re-gifting a Tokki Wrap and/or Tokki Band). To do so, you must provide an email address. You consent to receive notices from Tokki at this email address.
Corporate, governmental, and other organizational users must publicly display the legal name of their entity on their public account profile.
You must be at least 13 years old to create an account. If you reside in the European Union, you must be at least 16 years old. If you are at least the requisite age, but are still a minor in your jurisdiction, you must have your parent or legal guardian’s permission. Please have that person read this Agreement with you and consent to it before proceeding.
PARENTS AND GUARDIANS
By granting your child permission, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s usage. If your child is either under the applicable age or does not have your permission, please contact us immediately so that we can disable access.
You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
KEEPING YOUR ACCOUNT ACTIVE
Tokki is designed to be reused. We will maintain your content and keep your account active as long as you have logged into your account within the past twelve months OR the QR code on the Tokki Band associated with your account has been scanned within the past twelve months. Thirty days prior to deactivating your account, we will reach out to you via email to give you notice that we plan to deactivate your account.
We may allow you to upload, live stream, submit, or publish (collectively, to “submit”) content such as videos, photos, recordings, images, and text (collectively, “content”). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in the next section. Tokki may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. Tokki may take all appropriate actions to enforce its rights including removing specific videos or suspending or removing your account.
Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.); Is sexually explicit (e.g., pornography) or proposes a transaction of a sexual nature; Is hateful, defamatory, or discriminatory or incites hatred against any individual or group; Promotes or supports terror or hate groups; Exploits minors; Depicts unlawful acts or extreme violence; Provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms; Depicts animal cruelty or extreme violence towards animals; Promotes fraudulent or dubious business schemes or proposes an unlawful transaction; Makes false or misleading claims about vaccination safety; Claims that mass tragedies are hoaxes or false flag operations; Depicts or encourages self-harm; or Violates any applicable law.
CODE OF CONDUCT IN USING THE TOKKI SERVICE, YOU MAY NOT
Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity); Act in a deceptive manner or impersonate any person or organization; Harass or stalk any person; Harm or exploit minors; Distribute “spam” in any form or use misleading metadata; Collect personal information about others; Access another’s account without permission; Engage in any unlawful activity
If we determine that you have clearly, seriously or repeatedly breached our Terms, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons.
Where we take such action we’ll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our sources, systems or products; or where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.
TOKKI ALBUM SERVICES
As an online experience, our Tokki Album Services and the other Third-Party Apps and Services we partner with may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and Tokki is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve your content or data that you’ve stored. We recommend that you regularly backup your content and data that you store on Tokki Services. In the event of business merger, acquisition, change in strategy, or closure, we will reach out to you via email to let you know at least 30 days prior to any significant change in Tokki Album Services that will impact your content stored in your Tokki album.
Unless otherwise noted, the design of the Site, the Site as a whole and all materials that are part of the Site (collectively, “Contents”) are copyrights, trademarks, trade dress or other intellectual properties owned and controlled by Tokki. Any use of the Contents without Tokki’s express written consent is strictly prohibited.
If you have more content stored in your Tokki account than is provided to you under the terms of your free or paid subscription service for Tokki and you do not respond to notice from Tokki to fix your account by removing excess content or moving to a new subscription plan with more storage, we reserve the right to close your account and delete or disable access to your content on Tokki.
Questions about the Terms of Service should be sent to us at [email protected]