“Tohaku Navi” is application software (hereinafter referred to as the “Software”) provided by the National Institutes for Cultural Heritage Tokyo National Museum (hereinafter referred to as “TNM”) that allows users to browse and experience various contents on a smartphone. TNM provides the Software to individuals using it for non-commercial purposes. In order to use the Software, individuals must first agree to abide by these “Tohaku Navi Terms of Use” (hereinafter referred to as the “Terms”).
Article 1 (Purpose of the Terms)
The Terms establish rules for the use of the Software provided by TNM. Users of the Software (hereinafter referred to as “User” or “Users”) shall comply with the Terms.
Article 2 (Definitions)
For the purpose of the Terms, the following terms have the meanings set forth below:
1. |
“Contents” means any and all information available in the Software inclusive of information that may be generated through use of the Software (including but not limited to pictures, images, voices and writing); and |
2. |
“TNM Contents” means the Contents prepared by TNM available in the Software; and |
3. |
“Third Party Contents” means Contents prepared by a third party and provided in the Software; such a third party is hereinafter referred to as “Third Party Contents Provider”; and |
4. |
“Third Party Services” means services provided by a third party for use in the Software; such a third party is hereinafter referred to as “Third Party Services Provider” or “Third Party Services Providers”. |
Article 3 (Scope of the Software)
1. |
TNM shall provide the Software to Users free of charge. The substance of the Software shall be determined at TNM’s sole discretion. |
2. |
Software which TNM provides shall be limited to such software named “Tohaku Navi” as is made downloadable or installable for Users by their consenting to the Terms, and no other software shall be provided. The operating and using environment of the Software shall be as set forth in the website prepared by TNM in terms of the Software. |
3. |
Users need to establish their using environments of the Software under their own responsibility and expenses. |
Article 4 (Modifications to the Substance of the Software, the Terms, etc.)
TNM has the right to, in response to need, modify the substance of the Software, the Terms or the operator of the Software, without Users’ approval. Any such modification shall be notified to Users in the manner of a notification on TNM’s website involving the Software or in another manner TNM judges appropriate. If a User continues to use the Software after such notification of a modification, the User shall be regarded as having approved the modification.
Article 5 (Termination of Provision of Software)
1. |
TNM may terminate the provision of the Software, without owing any liability to Users, by giving the termination notice to Users in the manner of posting a notice on TNM’s website involving the Software or in another manner TNM judges appropriate. |
2. |
The Software may contain Contents that have expiration dates. Such Contents will no longer be available after the respective expiration dates. |
Article 6 (Belonging of Rights, etc.)
1. |
TNM grants to Users a non-exclusive right and license to use the Software according to the Terms. |
2. |
The copyrights (inclusive of the rights provided for in Articles 27 and 28 of the Copyright Act), moral rights, patent rights, trademark rights, know-how and all other intellectual property rights on the Software and the TNM Contents shall belong to TNM or its licensors. TNM shall not give any of such rights to Users except as otherwise specifically provided for in the Terms. |
3. |
Copyrights and other intellectual property rights on Third Party Contents shall belong to the relevant Third Party Contents Providers. As to Third Party Services that need to be used in the Software, Users acknowledge that copyrights and other intellectual property rights on them shall belong to the relevant Third Party Services Providers or licensors who have granted licenses to the Third Party Services Providers. In addition, Users agree that they will consent to and comply with terms, policies, and so on which Third Party Services Providers may establish and propose in terms of use of Third Party Services. Any User’s noncompliance with or breach of any such term or policy established by a Third Party Services Provider shall constitute a breach of the Terms. |
Article 7 (Prohibited Matters)
In using the Software, each User shall be prohibited to:
1. |
use the Software for any purpose other than availing himself or herself of the Software; |
2. |
copy, take to pieces, supplement, add to, edit, erase, delete, alter, remodel or otherwise modify the Software in whatsoever manner or method; |
3. |
reverse-engineer, decompile, disassemble or otherwise modify the Software in whatsoever manner or method; |
4. |
assign, grant a security interest in, sublicense or otherwise dispose of the Software, whether for charge or free of charge; |
5. |
assign, resell, grant a security interest in, sublicense or otherwise dispose of the right to use the Software, whether for charge or free of charge; |
6. |
delete, remove or otherwise alter the indication of copyright, ownership label or the like of the Software, in whatsoever manner or method; |
7. |
infringe a property right, privacy, honor or other right of TNM or a third party; |
8. |
make use of the Software for any purpose prohibited by law; |
9. |
intentionally transmit any erroneous information, harmful computer program or the like in relation to the Software; |
10. |
perform any conduct threatening to interfere with the provision of the Software or with TNM otherwise operating its business; |
11. |
perform any conduct in violation of a law, the Terms or the public order and morals, conduct injuring TNM’s or a third party’s reputation, or conduct causing disadvantage to TNM or a third party; or |
12. |
perform any conduct which may fall under or be equivalent to any of the foregoing. |
Article 8 (Discontinuance or Suspension of the Software)
1. |
TNM may discontinue or suspend provision of all or part of the Software at its sole discretion if: |
(1) |
there occurs or threatens to occur a fire, earthquake, flood or other natural disaster; war, rebellion, commotion or other similar incident; power failure, strike, or other state of emergency; |
(2) |
regular or emergency maintenance is performed on the server or other equipment TNM uses, operates or manages in relation to the Software; |
(3) |
there occurs any event making the provision of all or part of the Software impossible including but not limited to abnormality or breakdown of or interference with the server, other equipment, software or other items TNM uses, operates or manages in relation to the Software; or |
(4) |
otherwise TNM considers total or partial discontinuance or suspension of the Software desirable. |
2. |
When TNM discontinues or suspends provision of all or part of the Software based on the preceding paragraph, TNM shall in advance post notice of the discontinuance or suspension on the top page of TNM’s website involving the Software as it considers appropriate; provided, however, that, in emergency, TNM may totally or partially discontinue or suspend provision of the Software without such notice. |
3. |
TNM shall not be liable to Users or third parties for any damage sustained by them arising from the above-stated discontinuance or suspension of provision of the Software. |
Article 9 (Handling of Location Information)
1. |
In the Software, TNM may provide location information services (hereinafter referred to as “Location Information Services”) produced by the TNM, telecommunications carriers, location information providers, etc. (hereinafter collectively referred to as “Location Information Providers Etc.”) (such services are hereinafter referred to as “Location Information Services ”). |
2. |
In using Location Information Services, Users shall consent to and comply with terms, policies, and so on which Location Information Providers Etc. may establish and propose in terms of Location Information Services. |
3. |
In using Location Information Services in the Software, Users shall in advance agree that the location information of mobile terminals they use will be obtained by Location Information Providers Etc. |
4. |
TNM shall not be responsible for the accuracy or other aspects of location information provided in the Location Information Services. |
Article 10 (Handling of User Related Information)
1. |
In using the Software, Users acknowledge and agree to providing the following to TNM: usage log information (such as which works were viewed), location information, and unique identifiers issued by the Software. |
2. |
However, personal information that can be used to identify an individual such as device specific IDs is not collected. Also, data created by the User, such as photos and comments saved in the my collection feature and drawings of Maki-e created in the interactive contents feature, is not collected. |
3. |
Information that is collected will be used to understand how the Software is being used and to improve its quality. Furthermore, statistical data derived from the collected information may be publicized for academic research purposes such as in publications. |
Article 11 (Treatment after Termination of the Software)
1. |
If TNM’s provision of the Software terminates in accordance with the Terms, Users shall perform procedures involving the termination in accordance with TNM’s directions. |
2. |
If TNM judges any User has violated any provisions of the Terms, it may prohibit the User from using the Software. |
3. |
The preceding paragraph shall not prevent TNM from claiming against the User for damages sustained by TNM arising from the User’s breach of the Terms. |
4. |
Even after the agreement between TNM and a User incorporating the provisions of the Terms terminates due to expiry or any other reason or TNM discontinues provision of the Software, Article 6 (Belonging of Rights, etc.), Article 9 (Handling of Location Information and Other User Information), this Article (Treatment after Termination of Software), Article 11 (Limitation of Liability), Article 12 (Severability), Article 13 (Governing Law) and Article 14 (Solution of Disputes) shall remain in force and effect. |
Article 12 (Limitation of Liability)
1. |
TNM does not and will not make any warranty to any User or third party with respect to the Software, or information obtained through the Software, including but not limited to the integrity, accuracy, certainty, usefulness, non-defectiveness and infallibleness. |
2. |
If a User causes damage, loss and/or expenses to a third party (including but not limited to another User) arising from use of the Software, the User shall resolve this under his or her responsibility and shall hold TNM harmless from any and all damages. |
3. |
TNM shall not be liable to any User for any damage, loss and/or expenses incurred by the User arising from use of the Software or any conduct performed by the User or TNM in accordance with the Terms (including but not limited to malfunctioning or breakdown of the Software; malfunctioning or breakdown of the User’s mobile terminal arising from a defect in the Software or installation of the Software in the terminal; damage arising from the User’s carelessness in using the Software; alteration, interruption or stoppage of the Software; and transaction-related disputes). |
4. |
Third Party Contents provided by TNM in the Software will be ones which third parties prepare under their own responsibility, so TNM makes no warranty to any User or third party with respect to the Third Party Contents including but not limited to the trueness, integrity, accuracy, certainty, usefulness, non-defectiveness, infallibleness non-infringement and the absence of latent or other defects(hereinafter referred to as “trueness etc”), and shall not be obliged to confirm their trueness, etc. |
Article 13 (Severability)
Even if any provisions of the Terms are held invalid, all the remaining terms shall remain in full force and effect.
Article 14 (Governing Law)
The Terms shall be governed by and construed in accordance with the laws of Japan.
Article 15 (Solution of Disputes)
1. |
As for any and all questions and disputes which may arise between TNM and Users in relation to provisions of or matters not provided for in the Terms, TNM and Users concerned shall endeavor to resolve them in good faith through mutual consultation. |
2. |
Any and all disputes arising in relation to the Terms shall be subject to the exclusive jurisdiction of first instance of the Tokyo Summary Court or the Tokyo District Court. |