Terms of Service

Thank you for signing up to use our products, including the toya application(the “toya App”), and services, features, content, applications and widgets offered on the toya App and Site (together, we’ll call these the “Services”). The term “you” or “User” refers to the person or entity accessing or otherwise using our Services.

By registering for and/or using the Services in any manner, including login with Google, Facebook and Apple account, you agree to all of the terms and conditions contained in these Terms, which also incorporate toya’s Privacy Policy procedures that may be published from time to time on the toya App, each of which may be updated by toya from time to time without notice to you. These Terms apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services on the Site, individual users of the Services, venues that access the Services, and users that have a page on the Services.If you do not agree with these terms, please do not use these services.

1. Who Can Use the toya App.

You may browse the App and view content without purchasing.toya will have the right to use your registration information in connection with servicing and operating the toya App. You agree (i) to restrict access by any other person or entity to your password or other login information, (ii) to not knowingly use the name or email of any other person without authorization, (iii) to not use an email or profile name that is profane, offensive or otherwise inappropriate, (iv) to not allow any third party to use your login information, registration information or User account. You agree that you will be liable for all activities that occur under your User account, even if such activities were not committed by you. toya is not responsible for any loss or damage as a result of someone else using your User account, registration information or password with or without your knowledge. You acknowledge and agree that certain User account information (such as your account profile name and/or picture) that you provide in connection with the registration of your account will be publicly viewable by all Users of the toya App.

THE SERVICES ARE NOT FOR PERSONS UNDER THE AGE OF 16 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICES BY toya. IF YOU ARE UNDER 16 YEARS OF AGE, THEN YOU MUST NOT USE OR ACCESS THE SERVICES AT ANY TIME OR IN ANY MANNER. Furthermore, by using the Services, you affirm that either you are at least 18 years of age or have been authorized to use the Services by your parent or legal guardian who is at least 18 years of age and entered into these Terms on your behalf.

toya complies with all applicable laws, including those pertaining to the protection of minors. We do not permit the toya app to be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography or content otherwise depicting child exploitation.

Finally, we must not have previously disabled your account for violation of law or any of our policies.

2. Diamonds Purchases

You may purchase toya Diamonds, which will entitle you to various perks and benefits. For all mobile purchases, payment will be charged to your iTunes or Google account when you confirm your Purchases. Purchases are non-refundable and non-transferable. We may change the purchase price at any time, as well as the features included in the Diamonds. We reserve the right to stop issuing purchases at any time. The Diamonds may not be redeemed for any sum of money or monetary value. If you delete your account or your account is terminated for any reason, you will lose all unused Diamonds without refund or other compensation.

3.VIP Subscriptions

You may purchase a toya VIP Subscription, which will entitle you to various perks and benefits. A toya VIP Subscription may be purchased in various packages, such as 7 days, 30 days, or 90 days VIP Subscriptions. For all mobile subscriptions, payment will be charged to your iTunes or Google account when you confirm your purchase. Your subscription will renew automatically for the same amount of time as your original subscription unless you switch off the auto-renew feature at least 24 hours before the end of your current subscription. This is because your account may be charged for renewal within 24 hours prior to the end of your current subscription period. You can manage your subscription and switch off auto-renewal by accessing your iTunes or Google account settings. You may not cancel your current subscription during the subscription period, although you may cancel automatic renewal at any time. Both Apple and Google facilitate “free trials” of subscription products (such as toya) for first-time users and we take advantage of that ability. For example, sometimes we may offer a free initial week to first-time toya subscribers. Eligibility for any such trial is limited to users who have not previously subscribed to toya, through either a current or prior toya account. If you are a previous toya subscriber and try to claim a free trial, you should be aware that Apple or Google may recognize your ineligibility. If so, you may not receive a free trial, but instead may be charged immediately for your first subscription month. This is a feature controlled by the Apple App Store or the Google Play Store, depending on which platform you use for toya. Purchases of Subscriptions are non-refundable and non-transferable, even if they expire or are discontinued. We may change the purchase price for VIP Subscriptions at any time, as well as the features included in VIP Subscriptions. We reserve the right to stop issuing Subscriptions at any time and to set expiration dates for Subscriptions. Subscriptions may not be redeemed for any sum of money or monetary value. If you delete your account or your account is terminated for any reason, you will lose all unused Subscription time without refund or other compensation.

• Your Rights to Use the Services.
  
  As between any User and toya, toyaretains all right, title and interest in and to the toyaApp, throughout the world, in perpetuity, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the toya App, (iii) all other materials and content uploaded or incorporated into the toya App, including, without limitation, all toya App content (but excluding User Content (defined below), which is owned by the applicable User subject to the User Content license granted to toya pursuant to these Terms), (iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world, and nothing contained herein shall be construed as creating or granting to any User any right, title or interest in and to such toya App IP other than the express license granted therein pursuant to these Terms. toya App IP is protected in all forms, media and technologies now known or hereinafter developed as well as by the domestic and international laws of copyright, trademarks, patents, and other proprietary rights and laws.
  
  You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions and usage data, and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any User Content or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Services, including in any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service ( e.g. , you cannot claim User Content that has been uploaded to a social media App such as YouTube for monetization).
  
  You agree that any software that we provide you, including the toya App, may automatically download and install upgrades, updates or other new features and regularly send log information to our servers. You may be able to adjust these automatic downloads through your mobile device settings. These updates and upgrades are designed to improve and enhance our Services and can include bug fixes, enhancements and new modules. You consent to the installation of such software, including updates and upgrades (and authorize us to deliver such software to you) as part of your use of our Services. You may withdraw consent by ceasing to use the Services.
• Rights You Give Us.
  
  We do not claim ownership of your content, but you grant us a license to use it.
  
  Some of our Services assist you with creating, uploading, posting, sending, receiving and storing images (such as your profile photo), videos, messages, and other information (“User Content”).
  
  Nothing is changing about your rights in your content. We do not claim ownership of the User Content that you post on or through the Services.
  
  Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos) on or in connection with our Services, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, adapt, modify, run, copy, publicly perform or display, publish, translate, and create derivative works of your content (consistent with your privacy and application settings) and to authorize other users of the Services and other third-parties to view, access, use, download, adapt, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any App, either now known or hereinafter invented. You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content; provided, however, that your ability to provide an image, voice, and likeness may be subject to limitations due to age restrictions.
  
  You can end these licenses anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it. Furthermore, you grant us a non-exclusive, royalty-free and fully paid, irrevocable, worldwide license, with the right to grant sublicenses, to: (1) generate anonymized or de-identified information (“Aggregated Statistical Information”); and (2) using your User Content as described in the Privacy Policy.
  
  Through-To-The-Audience Rights.
  
  All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to you or any other third party for User Content posted or used on such third party service via the Services.
  
  Waiver of Rights to User Content.
  
  By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you post to or through the Services.
  
  Permission to use your username and profile picture with accounts, ads, and sponsored content.
  
  You give us permission to show your username, profile photo, and information about your actions (such as messages) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on toyaproducts, without any compensation to you. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow.
  
  While we aren’t required to, we may review, screen and delete your User Content and/or user account at any time if we think it may violate these Terms. You are responsible for the User Content that you send through the Services, including for back up of such content.
  
  You acknowledge and agree that toyamay establish general practices and limits concerning use of the toya App, including without limitation the maximum number of days that User Content posted to the toya App will be retained by, or made available through, the toya App, and the maximum storage space that will be allotted on toya’s servers on your behalf. You agree that toya has no responsibility or liability for the blocking, deletion or failure to store any User Content maintained or transmitted by the toya You further acknowledge that toya reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice to you.
   
• Virtual Items
  
  All Virtual Items(Including Diamonds and VIP Subcriptions, together we call these “Virtual Items”)are forfeited if your account or access to the Services is terminated or suspended for any reason, in our sole and absolute discretion, or if we discontinue availability of some or all of the Services. We may at any time expire free or promotional Virtual Items given to you.
  
  We have no liability for hacking or loss of your Virtual I We have no obligation to, and will not, reimburse you for any Virtual Items that are lost due to your violation of these Terms. We reserve the right, without prior notification, to limit the quantity of Virtual Items and to refuse to provide you with any virtual items. Price, exchangeability and availability of Virtual Items are determined by us in our sole discretion and are subject to change without notice. You agree that we have the absolute right to manage, distribute, regulate, control, modify, or eliminate virtual items as we see fit in our sole discretion, and that we will have no liability for exercising such right.
  
  You agree that under no circumstances are we liable to you for any damages or claims that may arise from the loss or use of your Gems regardless of the circumstances. You absolve us of any responsibility to maintain or update your account balance. However, if there is a loss of virtual items in your account due to technical or operational problems with the Services, we will refund the lost items once the loss has been verified. Without limiting any of the foregoing, our maximum liability or responsibility to you is to refund the items lost.
  

Privacy

Your privacy matters to us. You can learn more about how we handle your information when you use our Services by reading our Privacy Policy. We encourage you to read it carefully because by using our Services you agree that toya can collect, use and share your information in the ways described in that policy.

8.Safety and Respecting the Rights of Others

Providing a safe and open service for a broad community requires that we all do our part. Accordingly, when using the Services, you agree to comply with rules as the following:

● You can't impersonate others or provide inaccurate information. You must provide us with accurate and up to date information (including registration information). Also, you may not impersonate someone you aren't, and you can't create an account for someone else unless you have their express permission.

● You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.

● You can't violate (or help or encourage others to violate) these Terms or our policies. Learn how to report conduct or content in our help center.

● You can't do anything to interfere with or impair the intended operation of the Services.

● You can't attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission.

● You can't attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users.

● You can't post private or confidential information or do anything that violates someone else's rights, including intellectual property. Learn more, including how to report content that you think infringes your intellectual property rights, at clause 9 of these Terms.

Without limitation to the foregoing, you may not upload, post, send, comment on or store objectionable content that:

● violates or infringes any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

● promotes an illegal activity or that impersonates any other person or entity, including toya;

● is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual;

● is harmful to minors in any way or targeted at persons under the age of 13 (or such other age as determined by us at our sole discretion, taking into account factors such as the jurisdiction in which you are a resident);

● spams or solicits toya users to purchase anything;

● requests any form of identification or illegal content from toya users; or

● interferes with the positive experience of other users of the toya App, in toya’s discretion.

You agree not to use the Services to:

● upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;

● collect information or data regarding other users, including email addresses or usernames, without their consent (e.g. using harvesting bots, robots, spiders, or scrapers);

● disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Services (e.g. a denial of service attack);

● attempt to gain unauthorized access to the Services or servers or networks connected to the Services (e.g. through password mining); or

● interfere with another user’s use and enjoyment of the Services.

The toya App enables Users to communicate and interact with other Users, including, without limitation, sending messaging between Users. You are solely responsible for all of your interactions with the toya App and other Users/User Content on or through the toya App. In your interactions with other Users/User Content, you agree to conduct yourself professionally, civilly and respectfully at all times. You acknowledge and agree that toya will not be responsible for the actions of any Users with respect to any other User or User Content, and that toya does not actively monitor or police the specific interactions between Users of the toya App and other Users or User Content (and has no obligation to do so). You hereby release, disclaim and hold toya harmless from and against any and all liability resulting from a User’s interaction with, or conduct towards, any other User or User Content (whether online or offline). Notwithstanding the foregoing, toya reserves the right to determine, in its sole discretion, what constitutes harassment, mischief, or unacceptable conduct with or towards other Users or User Content, and where that has occurred, and may in its sole discretion, partially or completely deny, suspend or terminate access to the toya App to any User that it determines has engaged in such behavior.

9.Your Account

You are responsible for anything that happens in your account, so please keep it secure. You agree that the registration information you give to toya is true and that you’ll keep it up to date.

If you no longer want to use our Services again, and would like your account deleted, we can take care of this for you. Please contact us via [email protected], and we will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the User Content or information you have added.

10.Copyright

Our policy allows copyright owners to request removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is using toya to unlawfully infringe the copyright(s) in a work, and want to have the material removed, please provide the following information in writing to [email protected].

Any notice alleging that materials hosted by or distributed through the Services infringe intellectual property rights must include the following information:

● an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

● a description of the copyrighted work or other intellectual property that you claim has been infringed;

● a description of the material that you claim is infringing and where it is located on the Services;

● your address, telephone number, and email address;

● a statement by you that you have a good faith belief that the use of the materials on the Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; and

● a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

toya will promptly terminate the accounts of users that are determined by toya to be repeat infringers.

11. Modifying the Services and Termination

We are always improving our Services and creating new ones. We may add or remove features, products or functionality, and we may also suspend or stop the Services at any time without notice.

We can also terminate these Terms or deactivate your toya account or any group you have created or participated in at any time if we think you’ve violated these Terms or for any reason. We may also reclaim usernames if you’ve been inactive for at least 3 months or have violated these Terms, including by infringing other people’s trademarks.

We can remove any content or information you share on the Services if we believe that it violates these Terms, our policies or we are permitted or required to do so by law, or in response to complaints from other users or third parties, with or without notice and without any liability to you. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your message does not comply with the content standards set out in these Terms. We can refuse to provide or stop providing all or part of the Services to you (including terminating or disabling your account) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms or our policies, if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, consult our help center.

12. Final Terms

All rights not granted to you are reserved by toya and all intellectual property in the Services is owned or licensed by us.

These Terms are the final, complete and exclusive agreement between you and toya. and supersede all prior agreements between us. Except where prohibited by applicable law, we reserve the right to change these Terms at any time without notice. Your continued access to and use of the Services after changes to these Terms indicates your acceptance of such changes. It is your responsibility to review these Terms regularly.

If we don’t enforce a part of these Terms, it will not be considered a waiver. You can’t transfer your rights or obligations under this agreement without our consent. The word “including” means including without limitation. We may assign these Terms in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or bankruptcy or other operation of law, without your consent.

13. Updates to These Terms

We may change our Services and policies, and we may need to make changes to these Terms so that they accurately reflect our Services and policies. Unless otherwise required by law, we will notify you (for example, through our Services) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Services, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account, here.

14. Notice Regarding Apple

This Section 13 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and toya only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Services or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Services. If the Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Services and/or your possession and use of the Services infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Updated as of: February 1, 2020