We just launched an app that lets you add a 10 second video to Miku's Virtual Audience! We'll be showing selected videos at the Toyota booth at the Nokia theater on July 2, and online in a couple weeks. 'Like' us to get the announcement when the audience wall is available online.
Vehicle shown with options. ©2011 Crypton Future Media, Inc. All rights reserved.
©2011 Toyota Motor Sales, USA, Inc.
©2011 Toyota Motor Sales, USA, Inc.
Welcome to the Toyota Corolla Hatsune Miku Virtual Audience Facebook Application (the "Application"), operated by Toyota Motor Sales, U.S.A., Inc. (hereinafter referred to as "Toyota"). Please read these Terms of Use detailed below (the "Terms"), which set forth the legally binding terms governing your use of this Application. In these Terms, "you" and "your" refer to each person who views or uses the Application ("Visitor"), and "we", "us" and "our" refer collectively to Toyota. These Terms explain our obligations to you, and your obligations to us in relation to your use of this Application. This Application is for your personal, non-commercial use. By using or visiting the Application you agree that you have read, understand and agree to be legally bound by these Terms. If you do not agree to these Terms, please do not use or visit the Application. You can contact the Application administrator at info@mikusvirtualaudience.com. |
| DESCRIPTION OF THIS APPLICATION |
| Through this Application Visitors can submit a video for inclusion in a "virtual audience". The "virtual audience" will be projected as a visual presentation at the Mikunopolis concert July 2, 2011 at the Nokia Theater. The videos will also be presented at a later time in an online gallery at toyota.com/corollamiku. Only selected videos will appear. The videos may also appear in graphic presentations at events in the future. The videos that you may upload or submit are collectively referred to as the "Visitor Materials." The Application contains content such as logos, trademarks, pictures, information, digital images, text, data, music, sound, graphics, photographs, videos, software, and other content (collectively, "Content"), all of which is protected under federal and state law, including but not limited to, trademark, copyright, and/or patent law. You may use your Facebook Account in connection with the Application. If you choose to do so, then you must abide by Facebook's terms of use, available at http://www.facebook.com/home.php?#!/terms.php?ref=pf. Please note: Facebook does not endorse this Application, nor is it a sponsor of the Application, nor is it associated with Toyota in any way. |
| WHO MAY SUBMIT VISITOR MATERIALS |
| If you wish to upload a video, you must be a legal resident of the fifty (50) United States and the District of Columbia who is at least eighteen (18) years old. If you are under nineteen (19) years of age in Alabama or Nebraska, or under twenty-one years of age (21) Mississippi), you must obtain your parent's or guardian's consent. You may only submit materials that you own or have permission to use and you can only submit photos or videos of people who have given you consent to use their image. IF YOU WISH TO HAVE VISITOR MATERIALS REMOVED FROM THE APPLICATION BECAUSE YOU DID NOT PROVIDE PERMISSION FOR THEM TO BE SUBMITTED, OR YOUR IMAGE OR LIKENESS IS BEING USED WITHOUT YOUR PERMISSION, PLEASE CONTACT US AT info@mikusvirtualaudience.com. WE WILL INVESTIGATE YOUR REQUEST AND RESPOND TO YOU IN A COMMERCIALLY REASONABLE PERIOD OF TIME. |
| RESTRICTIONS ON USE OF THIS APPLICATION. |
| As a condition of using this Application, you agree to the following rules: You may not copy, download, distribute, modify, publish, sell, license, use, reuse, or create derivative works of any of the Content within the Application, including without limitation, the Toyota name, logos, and any other trademark of Toyota or its affiliated companies, except solely to use the Application in accordance with its instructions. You may not access or use this Application in any way that could or is intended to damage or impair the operation of this Application, or any content of or material displayed in this Application, or any server or network underlying this Application, or interferes with anyone else's use and enjoyment of this Application; Please do not submit materials that contain any music, instrumental, vocal or otherwise. If you do, we will not be able to post your Visitor Materials; You may not submit Visitor Materials that are obscene, offensive, or violent; show alcohol, drugs, tobacco, firearms/weapons; promote any activities that may appear unsafe or dangerous; promote any particular political agenda or message; defame, misrepresent or contain disparaging remarks about other people or companies; contain trademarks, logos, or trade dress owned by others, unless you have written permission; use celebrities and/or other public figures, or look-alikes of such people, living or dead; violate any law, or are otherwise inconsistent with the positive images and/or good will to which Toyota wishes to associate; You may not access or attempt to access any data, information, system, or servers on which this Application is hosted or modify or alter this Application in any way; or You may not transmit or broadcast any commercial messages, text, photographs, video or audio content. We may, but are not obligated to, review the Application and may edit, modify, delete or remove (without notice) any text, photos, or other Visitor Materials in our sole discretion, for any reason or no reason. We reserve the right to suspend or terminate your participation in the Application if you are found to be in violation of these Terms. We reserve the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the Application's operation, or portions thereof, with or without notice to you. |
| TOYOTA'S RIGHTS REGARDING MATERIALS. |
| By submitting, posting, or displaying any Visitor Materials on or through the Application, you automatically grant Toyota a worldwide, non-exclusive, royalty-free, irrevocable license to use and publicly display or re-display such Materials on the Application and in all media whatsoever, now known or hereafter developed, without limitation as to geographic scope, duration or frequency of usage (including, without limitation, the internet, e-mail blasts and mobile or text messages) that are used by Toyota or its agents in connection with the promotion, marketing, use, or expansion of the Application, or for any other purposes as Toyota may elect in connection with its marketing, advertising, and promotion efforts. You represent to Toyota that you own all Visitor Materials you provide and/or have the unencumbered legal right to grant the above-referenced license with respect to all Visitor Materials you provide. You further represent to Toyota that such Visitor Materials do not infringe any third-party copyrights or other third-party intellectual property rights. |
| EQUIPMENT; SOFTWARE; AND DOWNLOADS. |
| From time to time Content may be available for download from this Application ("Downloads"). You understand that any Download is owned by Toyota, its affiliate and/or licensors, as applicable, and protected by intellectual property laws. Toyota hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable right and license to download and use the object code version of the Download(s) on your own computer or mobile device that is compatible solely for your own personal non-commercial use and solely in accordance with the Application's instructions. You acknowledge and agree that you may not reproduce, duplicate, modify, perform, transfer, post, distribute, sell, create derivative works of or otherwise use or make available the Download(s). No license is granted to you in the human readable code, known as the source code, of the content downloaded, and no rights are granted to you in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the content of any Download(s). No Downloads should be depicted on any merchandise of any kind. You must provide all equipment and software necessary to connect to and use the Application, including, but not limited to, a computer and/or mobile device (with internet access) that is in working order and suitable for use in connection with the Application. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Toyota's or this Application's operations. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO ANY DOWNLOAD(S), IS SOLELY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE DEVICE, ANY OTHER EQUIPMENT, OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF THIS APPLICATION, AND/OR DOWNLOAD(S). YOU AGREE THAT THE APPLICATION AND DOWNLOADS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. |
| VISITOR INTERACTIONS. |
| We do not control Visitor Materials or other Visitor information that is made available through our Application. You may find such content and information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using the Application. You are solely responsible for your interactions with other Visitors. Because we are not directly involved in Visitor interactions, in the event that you have a dispute with one or more Visitors, you hereby release Toyota (and Released Parties as defined below) from any and all claims, demands and damages (actual, indirect and/or otherwise consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We reserve the right, but have no obligation, to monitor disputes between you and other Visitors. |
| INTELLECTUAL PROPERTY; 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 in this Application 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 physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; - a description of the copyrighted work or other intellectual property that you claim has been infringed; - a description of where the material that you claim is infringing is located on this Application; your address, telephone number, and e-mail address; - 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 - 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 Social Media -Mailstop HQ23 Toyota Motor Sales, U.S.A., Inc. 19001 South Western Avenue Torrance, California 90501 Rob Funk By phone: 1-800-331-4331 By facsimile: 310-381-7978 By e-mail: http://www.toyota.com/copyrightagent NOTE: Communication to Toyota with respect to any product complaint should be directed to Toyota's Customer Relations Services at 800-331-4331, and not through this Site. Please do not submit ideas or suggestions regarding current or future Toyota products, promotions or advertising. For legal reasons, we do not accept such unsolicited ideas or suggestions. For other complaints related to this Application, please contact the Application administrator at info@mikusvirtualaudience.com. |
| FORWARD TO A FRIEND OPPORTUNITIES. |
| You may forward information from the Application to persons with whom you have a personal relationship (your "Friends") or email your Friends through the Application, provided you give us the information about your Friend we need to fulfill your request, including, without limitation, email addresses or social networks, and names ("Friend Information"). We will use and store any Friend Information that we collect from you only to the extent necessary to carry out your request, and we will not use any Friend Information for any other purpose unless the Friend consents to the use for such other purpose. We reserve the right to limit the number of Friends you can submit and the number of transmissions you can submit to any particular Friends. You may not withdraw the Friend Information you provide once it has been submitted. Friend Information must be valid and functioning in order for us to fulfill your request. We will not be responsible for validating the Friend Information you provide. We may elect NOT to communicate with any e-mail address for any reason. In addition, we reserve the right to reject any request you make if (a) the Friend Information provided by you is incorrect or not valid, or (b) we determine in our sole discretion that the participation of such individual might be harmful to us, this Application, any Application or any third party for any reason. We specifically disclaim any liability for exercising such right. When you provide an individual's Friend Information, you are granting us the right to contact that individual and you will be held solely responsible for any and all liability associated with such contact. |
| PRIVACY |
| You should review our Privacy Policy, available at http://www.toyota.com/help/privacy.html, for an explanation of our collection and use of personal information before further using this Application, as you will be bound by the terms of such Privacy Policy. |
| INDEMNITY AND HOLD HARMLESS. |
| You agree to defend, indemnify and hold harmless Toyota and its parent, subsidiaries and affiliates, their respective dealer, dealer associations, distributors 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 Application, your breach or alleged breach of these Terms, or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. |
| DISCLAIMER OF WARRANTIES. |
| You understand and agree that your use of the Application 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 Application. This Application and its Content are provided on an "AS IS" and "AS AVAILABLE" basis without any warranty of any kind, expressed, implied or statutory. We specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Toyota makes no warranties that this Application or any material obtained through herein will meet your requirements, or that this Application 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 Application. No advice or information, whether oral or written, obtained by you from us or through this Application 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 Application. We do not make any warranty or representation that your use of the material displayed on, or obtained through, this Application is non-infringing of any rights of any third party. Any decision or action taken by you on the basis of information or content provided in this Application 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 this Application. |
| 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 THESE TERMS OF USE AND/OR FOR ANY BREACH OF THESE TERMS IS SOLELY LIMITED TO THE AMOUNT FIFTY CENTS ($.50). 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 APPLICATION. |
| DISPUTE RESOLUTION. |
| You agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, this Application (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 Application, or otherwise accessing this Application, 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 Application, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Site, the Service or any content or other material used or displayed on the Application. 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 Application, 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. |
| 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 9050(b) Severability: If any provision of these Terms of Use are unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. (c) Entire Agreement: These Terms constitute the entire, complete and exclusive agreement between you and us regarding this Application and supersedes all prior agreements and understandings with respect to the subject matter of these Terms. (d) Waiver: The remedies of Toyota set forth in these Terms 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 these Terms shall not constitute a waiver of such right |
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