All other trademarks that appear on this site are the property of their
respective owners, who may or may not be affiliated with, or connected
to, or sponsored by YOTTOY Productions, Inc. Your misuse of the trademarks
displayed on this website, or any other content on this site, is strictly
prohibited. Nothing contained on this site should be construed as granting,
by implication, estoppel, or otherwise, any license or right to use any
trademark displayed on this site without the written permission of YOTTOY
Productions, Inc. or such third party that may own the trademark displayed
on this site.
The Contents of our site and the site as a whole are intended solely for
personal, noncommercial (other than for the purchase of merchandise from
our site) use by the users of our site. You may not reproduce, copy, photocopy,
publish or republish, transmit, distribute, display, modify, create derivative
works from, sell or participate in any sale of, or exploit in any way,
in whole or in part, any of the contents of this site, or any related
software without express written consent of YOTTOY Productions, Inc. No
downloading or copying of account information for the benefit of another
merchant; no use of data mining, robots, or similar data gathering and
extraction tools, or incorporation of any content into any information
retrieval system is allowed. To the extent you have in any manner violated
or threatened to violate YOTTOY Productions, Inc. intellectual property
rights, YOTTOY Productions, Inc. may seek injunctive or other appropriate
relief in any state or federal court in the state of New York, and you
consent to exclusive jurisdiction and venue in such courts.
Product Display & Descriptions
We have made every effort to display as accurately as possible the colors,
sizes, and textures of the YOTTOY products that appear on our web site.
However, as the actual colors you see depend on your computer monitors
color calibration, YOTTOY Productions, Inc. cannot guarantee that your
monitor is calibrated to display any color or texture or detail of actual
merchandise accurately. YOTTOY Productions, Inc. cannot guarantee that
product descriptions (including both text and image) or the Content of
the site is accurate, complete, reliable, current or error-free. If you
determine that a product offered by YOTTOY Productions, Inc. is not as
described, your sole remedy is to return it in an unused condition for
a refund. Order Acceptance
We reserve the right, without prior notification, to limit the order quantity
on any item and/or to refuse sales or service to any customer. Verification
of information may be required prior to acceptance of any order. All orders
are subject to verification and adjustment if necessary. All prices and
transactions are in U.S. currency. YOTTOY Productions, Inc. is not liable
for any errors occurring with the following: (1) telephone, electronic,
hardware failures or software programs, network, Internet, or computer
malfunctions, failures, or difficulties of any kind; (2) failed, incomplete,
garbled, or delayed computer transmissions; or (3) any condition caused
by events beyond our control.
We reserve the right to change any price at which we offer goods and services
and to correct any errors in the pricing contained on our web site or
in our catalogs. We shall have no liability for any changes or errors
and are not bound to fulfill orders at outdated or erroneous prices.
Links
If you want to create a hyper link to the home page of yottoy.com, please
call us at 212-594-2202 for written permission to link to our site. We reserve
the right to grant or deny any request in our sole and absolute discretion.
Disclaimer
THE INFORMATION, PRODUCTS, SERVICES AND MATERIALS PROVIDED THROUGH THIS
SITE ARE PROVIDED BY YOTTOY PRODUCTIONS, INC. ON AN “AS IS”
AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT ALLOWED BY
LAW, YOTTOY PRODUCTIONS, INC. DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABLILTY AND FITNESS FOR A PARTICULAR PURPOSE), FREEDOM
FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING
OR COURSE OF PERFORMANCE AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE
THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN ADVICE
OR INFORMATION OBTAINED BY YOU FROM US RELATING TO THE SITE SHALL CREATE
ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS
AGREEMENT. YOTTOY PRODUCTIONS, INC. WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM OR RELATED TO THE USE OF THIS SITE, INCLUDING
BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY
AND CONSEQUENTIAL DAMAGES. UNDER ALL CIRCUMSTANCES, OUR MAXIMUM LIABILITY
IS LIMITED TO THE PURCHASE PRICE YOU PAY FOR THE GOODS OR SERVICES PURCHASED
THROUGH OUR SITE.
Indemnification
You agree to defend, indemnify and hold YOTTOY Productions, Inc. harmless
from and against any and all claims, damages, costs, and expenses, including
attorneys' fees, arising from or related to your use of the site
or any claim by a third party that your communication with YOTTOY Productions,
Inc. infringe such third party's rights.
Miscellaneous
This Agreement shall be construed in accordance with the laws of the State
of New York, without regard to any conflict of law provisions. Any dispute
arising under this Agreement shall be resolved exclusively by the state
and federal courts of the State of New York, sitting in the County of New
York. If any conditions or portions of this Agreement are deemed invalid,
void or for any reason unenforceable, that condition shall be deemed severable
and shall not affect the validity and enforceability of any remaining
condition.
Any cause of action brought by you against YOTTOY Productions, Inc. must
be instituted within one (1) year after the cause of action arises or
be deemed forever waived and barred.
YOTTOY Productions, Inc. may terminate this Agreement at any time and
may do so immediately without notice, and accordingly deny you access
to the site: (1) if in YOTTOY Productions, Inc.'s sole discretion, you
fail to comply with any term or provision of this Agreement; or (2) YOTTOY
Productions, Inc. discontinues selling products on this site.
