Effective Date: November 24, 2011
1. Your Acceptance
B. We reserve the right to change these Terms of Service at any time, without providing any notice to you. Continued use of the Website after any such changes constitutes your consent to such changes. Although we we may attempt to notify you if there are material changes to these Terms, you are responsible for regularly reviewing these Terms. The updated version of these Terms will appear on the Website and are effective immediately. The effective date at the top of this page records the date when the last change has been made. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
2. Site Access
A. We hereby grant you a limited, revocable, non-transferable, non-exclusive license, under the rights we have in the Content (as defined in Section 3(A) below), to use the JpopTime Website provided that:
- your use of the Website as permitted is solely for your personal, non-commercial use;
- you will not copy or distribute any part of the Website in any medium without our prior explicit written authorization;
- you will not alter or modify any part of the Website other than as may be reasonably necessary for you to use the Website for its intended purpose; and
- you will otherwise comply with the terms and conditions of these Terms of Service.
B. You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, “offline readers”, etc., that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
3. The Content on the JpopTime Website
A. All content on the JpopTime Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to JpopTime, subject to copyright, trademark and other intellectual property rights under international laws and conventions. The Content is provided to you AS IS for your information and for your personal, non-commercial use only. The Content on the JpopTime Website may not be used, copied, reproduced, distributed, transmitted, broadcast, circulated, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of JpopTime or of the respective owners.
B. If you download or print a copy of the Content for your personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict the use of or copying of any Content or enforce limitations on the use of the Website or the Content therein.
C. The Content on the JpopTime Website is not published in the public domain. All information published on the JpopTime Website should be treated as private and confidential; the publication of any information on the JpopTime Website does not specify that such information is in the public domain. Any reproduction, distribution, retransmission, broadcasting, circulating, selling or publishing of any information received from or through the Website, without explicit written permission of JpopTime, will be illegal and prosecuted as such.
4. User Accounts
To access some features of the Website, you need to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized usage of your account. Although JpopTime will not be liable for your losses caused by any unauthorized usage of your account, you may be liable for the losses of JpopTime or others due to such unauthorized usage.
5. Prohibited Content
You must not post to the JpopTime Website any Content that, as reasonably determined by JpopTime, is or appears to be the following:
- untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person’s privacy or protected data, hateful, or racially or otherwise objectionable;
- infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any Content that is the subject of any claim of infringement;
- of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
- unsolicited, undisclosed or unauthorized advertising;
- software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- data or information obtained through access that was not authorized by the owner, or that you are not authorized to post;
- in violation of any applicable local, state, national or international law (including export laws).
6. Linking to Content on the Website
A. We permit you to link to materials on the JpopTime Website for your personal, non-commercial uses only. If you would like to link to materials on the Website for commercial purposes, please obtain our written agreement by contacting us here. However, regardless of what purpose (commercial or non-commercial) you use such links to our Website for, you must retain all copyright and other proprietary notices contained therein. Also, we reserve the right to discontinue any aspect of the Website at any time without providing any notice to you.
B. Hotlinking to any content on JpopTime is strictly prohibited. Hotlinking refers to directly embedding or linking to a resource on the JpopTime server, such as an image or video, and thereby affecting the Website’s bandwidth. Any person(s) or website(s) found hotlinking to content on JpopTime without explicit written permission of JpopTime, will be illegal and prosecuted as such.
7. EXCLUSION OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW, JpopTime, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE SERVICES IN THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN SOLE DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY OTHER DEVICE OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. However, please note that every effort will be made to ensure the safety of any material available for downloading.
WE, JpopTime, FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL JpopTime, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM
A. ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
B. ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM OUR WEBSITE OR YOUR ACCESS TO AND USE OF OUR WEBSITE,
C. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
D. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
E. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
F. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE JpopTime WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to defend, indemnify and hold harmless JpopTime, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- your use of and access to the JpopTime Website;
- your violation of these Terms of Service;
- your violation of any third-party right, including without limitation any copyright, property, or privacy right;
- any claim that one of your User Submissions caused damage to a third party;
- any dispute you have with any user of the Website and any dispute you have related to any merchant or advertising found on or through the Website;
- your improper authorization for JpopTime to collect, use or disclose any Content provided by you; or
- any disclosures made with your permission.
This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
10. Copyright Policy
A. JpopTime and all of the original content and images on the JpopTime Website are the sole property of the owners of JpopTime and its contributors. All Content on the JpopTime Website is provided to you AS IS for your information and for your personal, non-commercial use only. The Content on the JpopTime Website may not be used, copied, reproduced, distributed, transmitted, broadcast, circulated, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of JpopTime or of the respective owners. JpopTime is protected by copyright, trademark and other intellectual property rights under international laws and conventions, including the Digital Millenium Copyright Act. Any unauthorized use of any original content, including but not limited to,
- original text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, or
- any trademark, service mark, or logos contained therein,
will be subject to criminal and civil penalties. If you are found to have taken or used original work from JpopTime, you will be requested to remove such work peacefully within 24 hours, after which you risk possible legal action against you or your website.
B. The information and content published on the JpopTime Website is intended for informational purposes only. All original lyrics in the Japanese language, music/promotional videos and album covers or images are copyright of the respective lyricists and record companies. We are in no way affiliated with or endorsed by any of the individuals and/or companies involved in creating the original Japanese content of the song lyrics available on our website, and we do not claim any rights to them. However, we do own the intellectual property rights to all original content on the JpopTime Website, including but not limited to all the original English translations of the song lyrics on the Website, as stated above in Section 9(A).
C. If you do not agree to the terms and conditions stated in these Terms, you cannot prosecute JpopTime, any person(s) or site(s) affiliated with JpopTime including, but not limited to, family, friends or individuals who maintain or visit the JpopTime website.
D. If you are a copyright owner or an agent thereof and believe that any part of the images or written Content on the JpopTime Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by contacting us with the following information in writing (see 17 U.S.C 512(c)(3) for further details):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section 10(D), your DMCA notice may not be valid.
11. Third-Party Content
13. Termination and Cancellation
We may, at any time, without providing any notice to you, terminate your access to the Website and/or your account, or block your access to the Website if:
- we believe in our sole discretion that you may have violated these Terms of Service or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of JpopTime, our users, or any other person;
- requested by law enforcement or other government agencies; or
- your account has extended periods of inactivity.
14. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by JpopTime without restriction.