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| Terms
of Use for the BBbroadcast Web Hosting Service |
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| TVBank Corp. |
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Introduction
1. In accordance with these " Terms of Use for the BBbroadcast
Web Hosting Service” (hereinafter referred to as "This Policy"),
TV Bank Corp. (hereinafter referred to as "TV Bank") will provide
the following services (collectively referred to as "This Service").
| (1) |
Contents Distribution Service: Service
to distribute videos, images, music, voices, text, and
other information (collectively referred to as "Contents"). |
| (2) |
Dedicated software distribution service:
Service to distribute TV Bank-specified client application
software (hereinafter referred to as "Dedicated Software"),
which is necessary for receiving the Contents Distribution
Service. |
2. This Service is an experimental service provided for a limited
time only for checking the use status of the user of This Service
(hereinafter referred to as the "User"), verifying the techniques
related to contents distribution, checking the loads on servers,
networks, and other equipment, and checking the business system,
support system, and other systems of TV Bank. Therefore, provision
of This Service may not be as stable as that of regular services.
3. This Service shall start on November 4, 2008 and end on the
date that TV Bank will separately determine.
Use of This Service
1. This Service (including accessing and viewing websites where
This Service is provided, which also applies to the rest of This
Policy) can be used by full agreement to This Policy. By using
This Service, the User agrees to be bound by This Policy. While
This Service is provided free of charge, the User bears all the
necessary expenses for using This Service, including the cost
of a personal computer, Internet connection fee, and any other
related expenses (including repair cost).
2. The Contents Distribution Service includes services that cannot
be made available unless the Dedicated Software is used. To obtain
the Dedicated Software, the user is required to agree to the
licence agreement of the Dedicated Software separately before
downloading, installing, and using the Dedicated Software. The
Dedicated Software shall be used in accordance with the said
license agreement.
Intellectual Property Right
1. Copyrights and any other rights related to the Contents and
any other information that are provided in any form through This
Service are protected by copyright law and other laws and treaties
relating to the rights of intangible properties. The User shall
agree that the copyrights and any other rights related to the
Contents and all other provided information belong to TV Bank
or the rights holders of the Contents.
2. The User may use the Contents provided through This Service
only for private use and must not use any Contents for commercial
purposes, transfer any Contents to any third parties for any
other reason than use of This Service, post any Contents on a
website or other form of media open to the public, copy, publish,
broadcast, or publicly transmit any Contents for a purpose beyond
the scope of private use, or have a third party do any such deeds.
3. All trademarks and logos used for This Service are owned by
TV Bank, its group companies, or the respective rights holders.
Unauthorized use, copy, and reprint is prohibited.
Links
1. This Service may include provision of links to third parties'
websites (hereinafter referred to as "Third-party Resources")
placed outside of the domains provided under the name of "TV
Bank". All information provided in such Third-party Resources
is attributable to and under management of the corresponding
third parties. Each user shall confirm and agree at his/her individual
discretion the conditions established for an individual Third-party
Resource before accessing and using the Third-party Resource.
2. Third-party Resources are not managed by TV Bank; therefore,
TV Bank provides no guarantee whatsoever regarding integrity,
accuracy, availability, suitability for the intended purpose,
or absence of defects such as infringement of third-party rights
with respect to any Third-party Resources, including products,
advertisements, and any other items provided by Third-party Resources.
TV Bank assumes no responsibility whatsoever for any damages
resulting from Third-party Resources.
3. You are free to link to this website.
Please be forewarned, however, that the Contents, information,
and URLs contained in this website are subject to change or removal
without notice. Do not use this website for the following links
or links that are thought to be any of the following: - A link
to a website where TV Bank, its related companies, or the executive
officers and employees of TV Bank are defamed or maligned.
- A link to a website that damages the trust and dignity of TV
Bank, such as a website against public order.
- A link provided in a form that impairs the clarity of TV Bank's
website such as a frame link.
- A link that causes the false recognition that TV Bank is affiliated
or cooperates with the source of the link or that TV Bank recognizes
or supports the website to which the link leads.
TV Bank may demand deletion of any link that is as described
above or any link that TV Bank deems inappropriate.
Prohibited acts
The User shall not commit the following deeds in using This Service.
| (1) |
Use of any software other than the Dedicated
Software for viewing Contents provided by the Contents
Distribution Service for which TV Bank stipulates that
the Dedicated Software should be used. |
| (2) |
Any act that infringes or may infringe
the rights or property of TV Bank, contents providers,
rights holders of the Dedicated Software, providers of
Third-party Resources, other users, or other third parties. |
| (3) |
Transmission or posting of private or
personal information of another person without permission. |
| (4) |
Interruption or causing confusion to
the operation of the server or network used or connected
for This Service. |
| (5) |
Prohibited acts set forth in This Policy
and license agreements for the Contents and the Dedicated
Software. |
| (6) |
Acts that may lead to inappropriate limitation,
restriction, confusion, deterioration, or interruption
of the functions that monitor TV Bank's services, backbone,
transmission paths, and other network services. |
| (7) |
Collection and accumulation of the personal
information of other users. |
| (8) |
Any other act that offends public order
or morals. |
Indemnification for Damages
If any damages to TV Bank, contents providers, providers of Third-party
Resources, other users, or other third parties are caused by
the User’s violation of This Policy or any provisions of the
law, the User shall responsibly settle the liability claim or
suit at his or her expense. The User shall agree to hold harmless
the TV Bank, contents providers, providers of Third-party Resources,
other users, and other third parties.
Restriction of Liability and Disclaimer
1. If any damage is caused to the User or any third party when
the User uses or cannot use This Service, TV Bank shall not be
liable, for any reason whatsoever, for compensation or damages
of any kind whatsoever, including special, incidental, indirect,
or consequential damages (including, but not limited to, passive
damages, loss of confidential information or other information,
business interruption, personal injury, loss of personal privacy,
negligence of observance of any obligation including the good
faith principle or the due care of a prudent manager, any loss
due to negligence, other financial loss, and any other types
of loss) incurred by the use or unavailability of This Service.
2. This Service is provided in “as-is” condition, and TV Bank
provides no guarantee whatsoever for the functions and Contents
provided through This Service, as well as for any and all information
provided for the integrity, accuracy, availability, suitability
of This Service for its intended purpose, or the absence of defects
such as infringement of third-party rights.
Change in and Addition to This Service
or This Policy
TV Bank has the right to change, add, or abolish all or part
of This Service or This Policy at any time without notice to
the User. In no event will TV Bank take any responsibility for
any loss whatsoever caused by such change, addition, or abolition.
Applicable Laws and Agreement Jurisdictional
Court
All laws applicable to This Policy are Japanese laws, and the
exclusive agreement jurisdictional court holding the original
jurisdiction of all judicial actions concerning This Policy or
This Service shall be the Tokyo District Court or the Tokyo Summary
Court.
(Enacted and enforced on November 11, 2008)
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