Terms of Use & Disclaimer

1：Membership Registration

1. 1. Media, tourism business operator and public sectors wishing to access and use the Data Material may apply to JNTO for registration to access and to use the Data Material by agreeing to comply herewith and providing registration information as prescribed by the JNTO ("Registration Information"). Applicant may not provide any false information or to create an account for any third party.
   2. By completing the membership registration pursuant to preceding paragraph, User acknowledges and agree to be bound by these Rules.
   3. User shall promptly notify JNTO of any change to the Registration Information in the manner as prescribed by JNTO.

   4. User represents and warrants that the statement prescribed below are true and correct as of the date of registration and until such membership registration is terminated.

      1. User have not violated or been terminated any agreement with JNTO.
      2. User is not a minor, adult ward or person under curatorship or assistance, whom applicable approval or consent has not been obtained from its legal representative, guardian, curator or assistant;
      3. User is not an organized crime group, a member thereof, a person who was a member within the past 5 years, associate members, related company, a corporate racketeer, a group engage in in criminal activities under the pretext of conducting social campaigns, crime group specialized in intellectual crimes or other similar person or entity (collectively, "Antisocial Force");

      4. User does not fall under the following person:

         1. Any person whose business is regarded to be controlled by Antisocial Force;
         2. Any person whose business is regarded to be substantially controlled by the Antisocial Force;
         3. Any person who is regarded as unlawfully using the Antisocial Force for the purpose of promoting unjust profits for himself or herself or a third party or for causing damages to a third party;
         4. Any person who is regarded to have a relationship with the Antisocial Force by providing financing or favors to the Antisocial Force; or
         5. Any person whose officers or others substantially involved in management have socially criticized relationships with the Antisocial Force.

2：Methods and purposes for using Data Material

1. 1. User who wishes to use data material such as video and image stored in this website (the "Data Material") shall complete the registration as a member, submit the necessary information specified by JNTO and apply for the use of the relevant contents. User shall not provide any false information on such application of use.
   2. Users may use Data Material to the extent that they do not violate the Rules and within the scope, methods, purpose and any other usage information provided in such application to use. In addition, Users shall follow the instruction separately given by JNTO, if any.
   3. JNTO only grant to the User a non-exclusive license to use according to preceding paragraph and nothing herein shall be construed as granting User an exclusive license to use the Data Material.

   4. In the Rules, the word "use" or "using" shall mean downloading, adapting, editing, altering, compiling, broadcasting and publishing (including streaming and enabling downloading), as well as reproducing and distributing in the form of DVDs or other electronic media, pamphlets and other tangible media; provided, however that, User may only adapt, edit, alter or compile the Data Material to the extent prescribed below.

      1. Adjusting resolutions appropriate to use for your own purpose;
      2. Performing simple composition alterations such as trimming, inversion, size changes or adding text; or
      3. Segmenting video and the like within the extent necessary to use for your own purpose.
   5. Using the Data Material is permitted only for the purpose to expand the number of foreign tourists visiting Japan by publicizing the beauty of Japan which promotes demand for travel to Japan (the "Purpose of Use").
   6. User shall manage the Data Material with the due care of a prudent manager.

3：Types of Data Material

The Data Material below is available on this website. Provided, however, JNTO may change the specification any time at its own discretion.

Video: HD size (1920 × 1080 pixels)
Images: 4000 × 2670 pixels／2000 × 1335 pixels／640 × 427 pixels

4：Password and user ID

1. 1. User shall be responsible for keeping and maintaining its password and user ID (registered email address) in an appropriate manner, and may not cause a third party to use, or provide, transfer, change the name of, sell or otherwise dispose of, the same.
   2. User shall be self responsible for damages arising out of inappropriate management, misuse, or use by a third party of the User's password or user ID and JNTO shall in no event be liable for such damages.

5：Usage Report

In the event that User is requested by JNTO, User shall report to JNTO the usage record at the website designated by JNTO within the period specified by JNTO.

6：Copyright and other Intellectual Property Rights

1. 1. User acknowledge that the copyright and any other intellectual property rights in each Data Material are expressly reserved by JNTO or the JNTO's licensor. Nothing contained herein shall be construed as assigning or transferring to the User a copyrights or any other intellectual property rights owned by JNTO or JNTO's licensor.
   2. The Data Material on this website includes works (writing, music, paintings, drawings, photographs, programs, compilations, databases as works and their derivative works) protected by the copyright laws and other intellectual property laws, and conventions of the relevant countries. Converting, reproducing, sending, broadcasting, distributing, lending, adapting, editing, translating, altering or transferring these works in a manner that is not authorized under the Rules without the permission of JNTO and/or other right holders, infringes JNTO's or right holder's copyrights, and civil or criminal responsibility may be incurred to User.
   3. When User discovers, finds, or recognizes unauthorized use or any other infringement of the JNTO's Copyrights and any other intellectual property rights on the Data Material by a third party , the User shall immediately notify JNTO and cooperate in the preservation of the rights of JNTO.

7：Prohibitions

Unless JNTO individually gives prior written consent to the User, the following acts are prohibited.

1. 1. 1. Giving false information when registering as a member on this website or when applying for the usage of specific Data Material;
      2. Providing in any way including without limitation sale, lease, or distribution, whether charged or not, the Data Material to any third party (including but not limited to providing the original, copied or processed Data Material in a form that can be independently traded);
      3. Using the Data Material to sell or collect digital data, distributing or providing the Data Material in any way as material for a third party on the internet, or other similar acts;
      4. Using the Data Material for purposes other than the Purpose of Use;
      5. Adapting, editing, altering or compiling the Data Material beyond the scope prescribed in Article 2.4 of the Rules, including without limitation composition of the Data Material with other video or images, CG synthesizing the Data Material, or compiling, processing, presenting or introducing the Data Material in a way in which an original photographed object cannot be recognized or recognized as a different thing;
      6. Any acts which create unfairness or misunderstanding, acts damaging the reputation, credit or dignity of JNTO, objects depicted in the Data Material or other related third parties, or acts in violation of Japanese law and other applicable laws or public policy, or these Rules, by using the Data Material on this website.
      7. Any act that infringes any rights or interests of JNTO, other users of this website or any other third party.
      8. Any act to use the Data Material that falls under any of the followings:
         1. Act which may damage the reputation of Japan;
         2. Act which may assist specific political party, religious group or any other social group; or
         3. Act which may support specific principles or assertions about social issues.
      9. Any of the following acts by User or by using a third party:
         1. Making violent demands;
         2. Making unjust demands beyond the scope of legal liability;
         3. Use threatening words or behavior or violence in connection with the transaction; or
         4. Spread false rumors, use deceptive means or force, damage the third party's credit, or obstruct the third party's business.
      10. Any act to use the Data Material for website or business with the following contents:
          1. Fraudulent, false, misleading or deceptive contents;
          2. Contents which may promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
          3. Contents which may promotes illegal or harmful activities or substances;
          4. Defamatory, obscene, pornographic, vulgar or offensive contents;
          5. Political contents; or
          6. Any other contents which JNTO at its discretion determines not appropriate to use Data Material.

If you cannot determine whether an act falls within any of the prohibitions above, please contact us as indicated in paragraph 13 before using the Data Material.

8：Prohibition of Use and Registration Termination

1. 1. If any of the following events arises in relation to User, JNTO may, without prior notice or demand, (i) prohibit the use of Data Material, (ii) suspend the access by User of the Data Material, or (iii) delete the User's registration and its account as such:
      1. The User fails to comply with any of the provisions hereof;
      2. The User has not responded to inquiries from the JNTO or other communications requiring a response for 30 days or more;
      3. The User breaches or there is inaccuracy in, any of the representations or warranties made by User under these Rules; or
      4. It is determined to be inappropriate by the JNTO at its discretion that the User continues to access and use the Data Material or to be registered as User.
   2. JNTO shall not be liable for any damages incurred by the User arising out of, or in connection with, any actions, taken by the JNTO pursuant to this Article 8.
   3. Regardless of the reason, in case User is prohibited to use the Data Material, User shall immediately discontinues the use of the Data Material and promptly destroys or delete the data and other copies of the Data Material.

9：Compensation of Damages

In the event that any representation and warranty made by User was not true or correct or User breached any obligations under these Rules, which incurred any damage, loss or cost to JNTO, User shall compensate or indemnify to JNTO any damage that has reasonable legal causation.

10：Injunction

User acknowledges that the Data Material is proprietary and valuable to JNTO and JNTO may incur irreparable harm and loss as a result of the User's breach of these Rules and that in case of such breach, the monetary damages may not be adequate remedy and JNTO is entitled to seek not only the monetary damages, but also injunction and other equitable remedies, in addition to any other remedies available for JNTO at law or in equity.

11：Disclaimer

The Data Material shall be used at the User's own responsibility. Although JNTO does its best to ensure the accuracy of information provided on this website, the information may include unavoidable inaccuracies or misprints due to the technology. Thus, the Data Material is provided "as is," without warranty of any kind. Without limiting the foregoing, JNTO explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing, usage, or trade. JNTO make no warranty that the Data Material will meet User's requirements or be available on an uninterrupted, secure, or error-free basis. JNTO make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content. When using the Data Material, it is recommended that the contents be verified by other means in advance. In addition, JNTO may discontinue or suspend the provision of the Data Material on this website without advance notice, at any time.

12：Limitation of Liability

To the fullest extent permitted by applicable law, neither JNTO nor any other party involved in creating, producing, or delivering the Data Material will be liable for any incidental, special, exemplary or punitive, or indirect or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these Rules or from the use of or inability to use Data Material, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not JNTO have been informed of the possibility of such damage.

13：Contact information

Please click the link below for inquiries concerning use of the Data Material on this website, in English or Japanese.
Link to the inquiry form

14：Indication of credit

When using the Data Material, Users shall check the "copyright information" on the download page of each Data Material, and insert the designated credit if there is an indication.
Example) © JNTO, © XXXXX/© JNTO.

15：No Assignment

The User shall not assign, transfer, grant security interests on or otherwise dispose of the status as a User, its membership or its rights or obligations under these Rules without the prior written consent of JNTO.

16：Notice

Any communication or notice made by JNTO that is addressed to the e-mail address included in the application prescribed in Article 1.1 or the notification of the change of Registration Information prescribed Article 1.3 shall be deemed to be received by the User when an email was sent to such address.

17：Severability

If any provision of the Rules or a part thereof is held to be invalid or unenforceable under Consumer Contract Law of Japan or any other laws or regulations, the remaining provisions hereof or the remaining portion of the provision held invalid or unenforceable in part shall remain in full force and effect.

18：Entire Agreement

These Rules constitute the entire agreement between JNTO and User with respect to the subject matter hereto and supersedes, cancels and annuls all prior or contemporaneous negotiations or communications.

19：Survival

Article 4.2, 6.3, 8.2, 8.3, 9, 10, 11, 12, 15, 17, 18, 19, 20, 21 and 22 shall survive termination of the membership registration prescribed in Article 8 and continue to be effective.

20：Amendment of the Rules

JNTO shall be free to amend the Rules without advance notice to the User. When amending the Rules, JNTO will give the User notice of such an amendment or issue a public notice of the amendment on this website.

21：Governing law and jurisdiction

1. 1. These Rules shall be governed by the Japanese law without reference to principles of conflict of laws.　
   2. All disputes, controversies or differences arising out of or in connection with this contract (the "Controversies") set forth in each following item shall be subject to the exclusive jurisdiction of first instance to the Tokyo District Court of Japan.
      1. The Controversies arising between JNTO and a person : the person is domiciled in Japan; the person without a domicile or of domicile unknown, whose residence is in Japan.
      2. The Controversies arising in relation to JNTO and a corporation or any other association or foundation (the "Corporation"): the Corporation whose principal office or business office is located in Japan, and the Corporation without a business office or other office, or with a business office or other office of unknown location, whose representative or other person principally in charge of its business is domiciled in Japan.
   3. The Controversies which do not fall under the category set forth in the preceding paragraph, shall be finally settled by arbitration in accordance with the Commercial Arbitration Rules of The Japan Commercial Arbitration Association. The place of the arbitration shall be Tokyo, Japan.

22：Language

These Rules is made in Japanese and interpreted in Japanese. The English text is for reference purposes, and its translation do not take any effect for interpretation of these Rules and rights and obligations between JNTO and User. If there is any inconsistency between these two texts, the Japanese text shall prevail.

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