Date: April 1, 2016
The Discover Kyoto website ("Website") is owned and edited by NIWAKA Corporation ("NIWAKA"), a company located in Kyoto, Japan.
Please read these Terms carefully before using the Website. By entering the Website, you expressly acknowledge you are aware of and have had access to the Terms. By using the Website, you signify your assent and agreement to these Terms. If you do not agree to these Terms, you are not authorized to continue accessing the Website.
2. USE OF MATERIALS ON THE WEBSITE
All content on the Website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof, hereinafter referred to as "the Content") is the exclusive property of and owned by NIWAKA, its licensors, or its content providers and is protected by copyright, trademark, and other applicable laws. You may access, copy, download, and print the material contained on the Website for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the material you access, copy, download or print. Any other use of the Content, including, but not limited to, the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer, or sale of, or the creation of derivative works from, any material, information, software, products, or services obtained from the Website, or use of the Website for purposes competitive with NIWAKA, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Website, as it may be updated from time to time. NIWAKA reserves the right to remove any person from this Website or prohibit any person from using this Website for any reason whatsoever. NIWAKA, or its licensors or content providers, retains full and complete title to the material provided on the Website, including all associated intellectual property rights, and provides this material to you under a license that is revocable at any time at NIWAKA's sole discretion. NIWAKA neither warrants nor represents that your use of materials on this Website will not infringe rights of third parties not affiliated with NIWAKA.
You may not use contact information provided on the Website for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Website or to intercept any system, data, or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the Website in any way. NIWAKA reserves the right, in its sole discretion, to limit or terminate your access to or use of the Website at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which NIWAKA may be entitled at law or in equity.
NIWAKA tries to ensure the information provided is accurate and complete. HOWEVER, NIWAKA DOES NOT WARRANT OR REPRESENT THAT THE CONTENT IS ACCURATE, ERROR-FREE, OR RELIABLE OR THAT USE OF THE CONTENT WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. USE OF THE CONTENT IS AT USER'S RISK.
NIWAKA DOES NOT WARRANT THAT THE FUNCTIONAL AND/OR TECHNICAL ASPECTS OF THE WEBSITE OR THE CONTENT WILL BE ERROR-FREE OR THAT THIS WEBSITE, THE CONTENT, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF USE OF THIS WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT, OR DATA, NIWAKA IS NOT RESPONSIBLE FOR THOSE COSTS. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED TO USERS "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. NIWAKA AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE CONTENT, SOFTWARE TEXT, DOWNLOADS, GRAPHICS, OR LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE WEBSITE.
NIWAKA DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND NIWAKA SPECIFICALLY DISCLAIMS SUCH WARRANTIES.
YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
4. PRIVACY PROTECTION
NIWAKA's privacy policies explain how we treat your personal information and protect your privacy when you use the Website. By using the Website, you agree that NIWAKA can use such information in accordance with its privacy policies.
All of the photographs and videos that appear on the Website have been created by, and the copyrights thereto are the sole and exclusive property of, NIWAKA.
Although in taking photographs and videos NIWAKA takes great care to protect the privacy rights of others, anyone who believes a photograph or video appearing on the Website violates their privacy rights should contact us at the email address below. Upon confirmation that the photo or video in question contains the image of the person making the complaint, NIWAKA will take steps as soon as possible to remove the person's image.
To have your image removed, please Contact Us.
5. TRADEMARK NOTICE
In general, all trademarks, logos, and service marks (collectively the "Trademarks") that appear on this Website are registered, unregistered, or otherwise protected NIWAKA trademarks, or are licensed for use by NIWAKA by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on this Website without NIWAKA's prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Website, or any other content on the Website, is strictly prohibited.
6. COPYRIGHT NOTICE
All Content is either Copyright © NIWAKA Corporation or is licensed for use by NIWAKA. All rights reserved.
Please also refer to Section 2 of these Terms, above, "Use of Materials on this Website."
7. LINKS & LINKING
The Website may contain links to other websites, some of which are operated by NIWAKA or its affiliates and others that are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. NIWAKA is not responsible for any losses, damages, or other liabilities incurred as a result of your use of any linked sites.
8. LIMITATION OF LIABILITY
Under no circumstances whatsoever shall NIWAKA be liable for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages) that are directly or indirectly related to (a) the Website, (b) the Content, or (c) any damage to any user's computer, mobile device, or other equipment or technology, including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure, or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if NIWAKA has been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability, or tort (including, without limitation, whether caused in whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of the Website).
9. GENERAL PROVISIONS
Unless otherwise specified, the Content is presented solely for the purpose of promoting NIWAKA's products and services. NIWAKA makes no representation that the Content is appropriate or available for use in every country of the world. Your use of the Website is at your own risk, and you are responsible for your compliance with applicable local laws, keeping in mind that access to the Content may not be legal by certain persons or in certain countries.
Any cause of action you may have with respect to these Terms must be commenced within one year after the claim or cause of action arises.
Neither the course of conduct between the parties nor trade practice will act to modify the Terms.
The Terms do not confer any third-party beneficiary rights.
Unless otherwise expressly provided, nothing on the Website constitutes any offer or invitation to conduct business in any jurisdiction, and any implied offers are expressly disclaimed.
10. APPLICABLE LAW, JURISDICTION, AND SEVERABILITY
The Terms shall be governed by and construed in accordance with the laws of Japan, without reference to conflict of laws provisions. Any dispute, controversy, or claim arising out of or in relation to the Terms, including the validity, invalidity, breach or termination thereof, shall be adjudicated in the District Court of Tokyo, Japan.
The waiver by NIWAKA of a breach of any provision of these Terms will not operate to be interpreted as a waiver of any other or subsequent breach.
For any action at law or in equity relating to these Terms, you agree to resolve any dispute you have with NIWAKA exclusively in the District Court of Tokyo, Japan, and to submit to the personal jurisdiction of that court for the purpose of litigating all such disputes.
If any provision of the Terms is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. NIWAKA's failure to insist on or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
11. ENTIRE AGREEMENT
The Terms constitute the entire agreement between you and NIWAKA and governs your use of the Website, superseding any prior agreements between you and NIWAKA.