dLibrary Japan - Terms of Use

 

Terms of Use (US Residents)

Effective January 3, 2018

Introduction:

dLibrary Japan (“DLJ”) is a subscription Video-on-Demand service offered by NHK Cosmomedia America, Inc. (“NCMA”, “us” “we”, or “our”) that offers you accesses to certain motion pictures, television programs, and other audio-visual programs (“Content”) streamed over the internet to certain internet-connected computers, smart phone/tablet, and internet-connected TV’s (“DLJ ready device”). Please take a moment to carefully read through these Terms of Use (“Terms”) before using our services described hereunder.

Your access to and use of our service hereunder is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the services hereunder. By accessing or using our services you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have permission to access the Content or any services as described below.

1.Services and Acceptance of Terms:

DLJ, the Content, including all features and functionalities, website, and user interfaces, as well as content and software thereof, and any other products, tools, materials, or other services (including third party branded services) offered from time to time through Access Points (as defined below) are referred to collectively as the "Services". The term "Access Points" collectively refers to https://dlibjapan.net/ (the "Site"), applications, and other places where any Services are available, including websites and applications of NCMA’s third party service providers and other websites where users or website operators are permitted to embed or have otherwise licensed the “Video Player”, a software that plays audio, video or animation files in the computer.

Use of the Services (including access to the Content) is subject to compliance with these Terms, which incorporate by reference DLJ’s Privacy Policy available at https://dlibjapan.net/privacy Accordingly, by accessing or using any of the Services through any Access Point (including by visiting the DLJ Site or by downloading or launching the DLJ application or Video Player depending on DLJ ready devices), you accept and agree to these Terms. Please note that the website addresses (i.e., URLs) included within these Terms may not function as hyperlinks on all the Access Points. To view these Terms with clickable hyperlinks, please visit the DLJ Site on your computer or other DLJ ready devices.

Accordingly, by accessing or using any of the Services through any Access Point (including by visiting the DLJ Site or by downloading or launching the DLJ application or Video Player depending on DLJ ready devices), you accept and agree to these Terms. Please note that the website addresses (i.e., URLs) included within these Terms may not function as hyperlinks on all the Access Points. To view these Terms with clickable hyperlinks, please visit the DLJ Site on your computer or other DLJ ready devices.

2. Modification of These Terms:

We may make changes to these Terms from time to time in response to changing legal or operational requirements. You should check these Terms regularly, which are posted on the DLJ Site at https://dlibjapan.net/terms-of-use. In addition, you can access these Terms from DLJ ready devices. If we make a material change to these Terms, we will notify you by posting a notice on the Site. If you are a registered subscriber, we may also send an email to the email address you most recently provided to us prior to the material change taking effect in accordance with applicable laws. Therefore, it is important that you keep your account information, including email address, updated. Your continued use of the Services after any such updates take effect will constitute acceptance of these changes of Terms.

3. Access and Use of the Services:

3.1. Age Limitations. We may limit the use of our Services only to persons age 18 and older who can legally enter into contracts. Except where otherwise indicated, our online services are general audience sites not designed or intended for use by children under the age of 13. Except where otherwise expressly indicated we do not knowingly collect or store any personal information from children under the age of 13. If a parent or guardian becomes aware that his or her child (who is under 13) has provided us with information without their consent, he or she should contact us immediately at https://dlibjapan.net/online-inquiry. We will take necessary steps to delete such information from our files within a reasonable time.

3.2. Intellectual Property Rights and Non-exclusive limited License. You acknowledge and agree that NCMA owns and retains all rights to the Services. You further agree that the Content you access and view as part of the Services is owned or controlled by NCMA. The Services and the Content are protected by copyright, trademark, and other applicable intellectual property laws. Upon your acceptance of these Terms, we grant you a non-exclusive limited license to use the Services, including accessing and viewing the Content on a streaming-only basis through the DLJ ready devices, for personal, non-commercial purposes as set forth in these Terms. Except for the non-exclusive limited license hereunder, no right, title or interest shall be transferred to you. You further agree not to use the Services for public performances. You agree not to distribute or redistribute the Services to any person.

3.3. Profiles. DLJ may offer the option to personalize use of the Services through the creation of one or more profiles under one account. Only the account holder, and those with permission from the account holder, may create a profile, if such a feature is available to you.

3.4. The Content and Internet Access. The availability and selections of Content will change from time to time. The quality of the display of the Content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. 
You are responsible for all Internet access charges. Please check with your Internet service provider for information about possible Internet data usage charges. NCMA makes no representations or warranties about the quality of your viewing experience on your display on the DLJ ready devices. The time it takes to begin viewing Content will vary based on a number of factors, including your location, available bandwidth at the time, the Content you have selected and the configuration of your DLJ ready device.

3.5. Your Responsibilities while using the Services. In order for us to keep the Services safe and available for everyone to use, all users have to follow the same rules of the road. You and other users must use the Services for lawful, personal, non-commercial, and appropriate purposes only. Your commitment to this principle is critical and important. You agree to observe the requirements and restrictions set out in these Terms and related to the Services, Content, DLJ ready devices and/or your use of any of same. Without limiting the generality of the foregoing, you further agree that you will not use the Services in a way that:

  • violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other intellectual proprietary rights;
  • uses technology or other means to access, index, frame or link to the Services (including the Content) that is not authorized by NCMA (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized stream capture, linking, framing, reproduction, access to, distribution of the Services, etc.);
  • involves accessing the Services (including the Content) through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
  • introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • damages, disables, overburdens, impairs, or gains unauthorized access to the Services, including NCMA's servers, computer network, or user accounts;
  • removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Services (including the Content);
  • uses the Services to advertise or promote services that are not expressly approved in advance in writing by DLJ;
  • collects information in violation of NCMA’s Privacy Policy;
  • encourages conduct that would constitute a criminal offense or give rise to civil liability;
  • violates these Terms or any guidelines or policies posted by NCMA;
  • interferes with any other party's use and enjoyment of the Services; or
  • attempts to commit any of the foregoing.

In addition, you will not:

  • attempt to access or modify the computer programs or data of any other user of DLJ or the Services; ;
  • transmit, disseminate or upload to, on or through the Services, the DLJ Site or any NCMA computer system, device or software, any harassing, libelous, abusive, threatening, obscene, defamatory, embarrassing, distressing, annoying, unlawful, tortious, harmful, vulgar, racially or ethnically offensive, hateful or otherwise objectionable materials;
  • copy, distribute or publicly perform or display any of the Content or other Services, except to the extent otherwise expressly and separately permitted by NCMA;
  • test or reverse engineer any security mechanism related to NCMA, the Services, the DLJ site or any NCMA computer system, device or software or attempt to circumvent or subvert any of the foregoing security mechanisms;
  • take any step that would mislead or deceive NCMA as to the identity of a user or as to any activities of a user in connection with the Services or the DLJ Site;
  • alter the format or content of any Content obtained through the Services;
  • sell, resell, offer, market, sub-license, rent, lease, lend, act as a service bureau for or with respect to, supply, assign or otherwise distribute, transfer, outsource or make available (including through timesharing, networking use, physical viewing of user activity or usage or otherwise) any of the Services to any third party, or access the Services for the purposes of monitoring their availability, performance, or functionality, or for any other benchmarking or competitive purpose; or
  • engage in practices such as “screen scraping”, “database scraping” or “automated form filling” to retrieve, test or obtain information generated, presented or processed by or stored via the Services

If NCMA determines, in its sole discretion, that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Services and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

3.6. No Spam/Unsolicited Communications:

You may not use the Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may employ technical measures to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. .

3.7. Modification/Suspension/Discontinuation:

We regularly make changes to the Services. The availability of the Content, as well as Access Points and Compatible DLJ ready devices through which the Services are available, will change from time to time. NCMA reserves the right to replace or remove any Content and Access Points available to you through the Services. We may change, suspend, or discontinue - temporarily or permanently - some or all of the Services (including the Content and the Compatible DLJ ready devices through which the Services are accessed), with respect to any or all users, without notice in NCMA’s solo discretion at any time. You agree that NCMA will not be liable to you for any modification, suspension, or discontinuance of the Services, although if you are a DLJ subscriber and NCMA suspends or discontinues your subscription to the Services, NCMA may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account) in accordance with Section 4 below. However, if NCMA terminates your account or suspends or discontinues your access to Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.

3.8. Customer Support:

If you need any support or assistance while you are using our Services, we encourage you to visit our DLJ support site.

4. Subscriptions, Free Trial, Billing, and Cancellation:

4.1. Subscriptions. While we may offer the Content for free from time to time, we charge a subscription fee to access the Services. The Services may include different Content offerings and features, with different benefits, conditions, fees, and limitations. You can find the specific details regarding your subscription and fee options at any time by logging in on the Site and viewing your account details. Because the Services are offered in multiple time zones, for consistency, a "day" for purposes of these Terms begins at 12:00 a.m. Eastern Time and ends at 11:59 p.m. Eastern Time of that same calendar day.

4.2. Braintree, Third Party Billing Vender.NCMA currently uses Braintree which specializes in mobile and web payment systems for e-commerce companies, as our third party vender, and which provides our customers with account setting and a payment gateway, along with various features including recurring billing, credit card storage, support for mobile and international payments. NCMA reserves the right to select or change to another third party vendor at NCMA’s sole discretion.

All monetary transactions of your DLJ account shall be handled and processed by Braintree or such other third party vendor as we may select from time to time or at any time (each a “Third Party Vendor”). In no event does NCMA assume any responsibility or liability for any monetary transactions in regard to your TDL account using a Third Party Vendor, and you hereby waive any legal or equitable rights or remedies you may have against NCMA with respect to the above.

4.3. Billing: By providing a credit card or other payment methods established initially with DLJ ("Payment Method") for your subscription, you expressly agree that any periodic subscription fee on a recurring basis corresponding to the term of your subscription, any other fees for additional services you may purchase, with any applicable taxes, in connection with your use of your subscription to the Payment Method will be charged to your account.

PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO PRORATED REFUNDS OF ANY FEES UPON ANY TERMINATION.

If there is any change in your credit card validity or expiration date, you may edit your Payment Method information by logging in on the Site and viewing your account details. When you provide a Payment Method to access a subscription, including in connection with a free trial offer, the Braintree system (or other applicable Third Party Vendor system that we authorize) will attempt to verify the information you entered. This may be done by processing an authorization hold, which is a standard practice in the industry. We do not charge you in connection with this authorization hold. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing (directly or via a Third Party Vendor), and you will remain responsible for any uncollected amounts.

As used in these Terms, "billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be charged at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and on each periodic renewal date thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. Your Payment Method will be automatically charged on the calendar day corresponding to commencement of your subscription. For subscribers whose subscription starts with a free trial, billing will commence upon the expiration of the free trial.

The interval of time between each payment due date shall correspond to the term of your subscription and be referred to herein as a "Billing Period." In the event that your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you have a monthly subscription and became a paying subscriber on January 31, your Payment Method would next be charged on February 28. You acknowledge that the timing of when you are charged and the amount charged each Billing Period may vary, including for example due to free trials and other promotional offers, gift card redemptions, credits applied, changes in your subscription, changes in your Payment Method, and changes in applicable taxes, if any, and you authorize us to charge your Payment Method for the corresponding amounts.

If we offer you a promotion (e.g., a promotional price) for your subscription, the specific terms of the promotion will be disclosed during your sign-up or in other materials provided to you describing the particular promotion. In the case of promotional pricing, after your promotion ends, we will begin billing your Payment Method for your subscription at the regular price after your promotion ends unless you cancel prior to the end of your promotion or unless otherwise disclosed in communications made available to you.

NCMA reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change. If NCMA changes the subscription fee or other charges for your subscription, we will give you advance notice of these changes.

Very rarely, if there are special circumstances where NCMA determines it is appropriate (e.g., your access to the Services is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at MCMA's sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.

4.4. Gift Cards: We may make available gift cards redeemable for an eligible Service (a “DLJ gift card”) and you may purchase such gift cards by using a Payment Method previously provided to us through Braintree or another Third Party Vendor that we authorize (as the case may be). DLJ gift cards may not be used in conjunction with or in addition to any special offer unless the terms of the special offer expressly indicate otherwise. The purchase and redemption of DLJ gift cards are subject to the specific terms of the gift card usage, which will be disclosed in the materials at the Site when such gift cards become available to you.

4.5.Ongoing Subscription and Cancellation: Your subscription will continue in effect on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before your next renewal date in order to avoid the next billing. We will bill the periodic subscription fee plus any applicable taxes, if applicable, will be billed to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).

If you cancel your subscription, cancellation will be effective at the end of the current Billing Period - this means that you will have continued access to your subscription for the remainder of that period, but you will not receive a credit or refund for partially used Billing Periods. You will also forfeit any service or referral credits upon cancellation, if any. You can cancel your subscription by logging into your DLJ account through the Site and following the instructions on your account page on the Site.

4.6.Unpaid Amounts It is important that each subscriber honor the payment obligations to which the subscriber agreed. Accordingly, NCMA or through third parties, reserve the right to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected). We also reserve the right to pursue any amounts you fail to pay in connection with your subscription. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.

4.7. Free Trials. On occasion, we may be authorized to offer free trials for certain qualifying customers. If we offer you a free trial, the specific terms of your free trial will be stated in the material describing the particular free trial or during your sign-up. Certain limitations may exist with respect to combining free trials with any other offers. NCMA reserves the right to determine eligibility for free trials. To view the specific details regarding free trial, please access to the Site and find out more details.

Once your free trial period ends, we will begin billing your Payment Method for your periodic subscription fees (plus any applicable taxes), unless you cancel prior to the end of your free trial. For that reason, unless otherwise indicated in the free trial description, you may be asked to set up a valid Payment Method when redeeming a free trial offer.

It is very important to understand that you will not receive any notice from NCMA that your free trial has ended and that payment for your subscription is due. If you wish to avoid any charge to your Payment Method, you must cancel your subscription prior to the end of your free trial period. You may cancel your subscription at any time as described in the "Ongoing Subscription and Cancellation" section of these Terms. We will continue to bill your Payment Method for your subscription on a recurring basis corresponding to the term of your subscription until you cancel or the account or applicable Service is otherwise suspended or discontinued pursuant to these Terms. 

If you cancel your subscription during a free trial or while using a promotional code or other credits, cancellation may be effective immediately.

5.Accounts and Registration:

You are responsible for all use of your account, including use of your account by other members of your household. By allowing others to access your account, you agree to be responsible for ensuring that they comply with these Terms and you agree to be responsible for their activity by using the Services.

All registration information you submit must be accurate and updated. Please keep your password confidential. Since you are responsible for all use of your account, including unauthorized use by any third party, please be very careful to guard the security of your password. Please notify us immediately if you suspect any unauthorized use of your account at https://dlibjapan.net/inquiry .Please also make sure to revise your account information if your registration information changes, in case we need to contact you.

You may find information on how to delete your DLJ account by logging in on the Site and viewing your account details. Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account. Please note, if you are a subscriber you must first cancel your subscription before you will be able to delete your account. Please see the section 4.4 "Ongoing Subscription and Cancellation" above the instructions on how to cancel your subscription.

We reserve the right to immediately terminate or restrict your account or your use of the Services or access to Content at any time, without notice or liability, if NCMA determines, in its sole discretion, which you have breached these Terms, violated any applicable laws, rules, or regulations, engaged in other inappropriate conducts, or for any other business reason. We also reserve the right to terminate your account or your use of the Services or access to Content if such use places an undue burden on our networks or servers.

6.Collection and Use of Personal Information:

For information about NCMA's policies and practices regarding the collection and use of your information, please read our Privacy Policy available at https://dlibjapan.net/privacy.The Privacy Policy is incorporated by reference and made part of these Terms. Thus, by agreeing to these Terms, you agree that your presence on the Site and use of the Services through any other Access Point are governed by the Privacy Policy in effect at the time of your use.

7.User Reviews and Comments :

Users may have an opportunity to transmit, submit, or otherwise post (collectively, "Post") reviews, comments, or other materials at the Site. In order to keep the Services enjoyable for all of our users, we will provide applicable rules and guidelines regarding the “Post” when such a feature becomes available at the Site..

8. Linked Destinations and Advertising:

8.1. Third Party Destinations. If we provide links or pointers to other websites or destinations, you should not assume that NCMA operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the Services, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any information or engage in any transactions. These Terms doc not govern your use of another website or destination.

NCMA is not responsible for the content or practices of any website or destination other than the DLJ Site, even if it links to the Site and even if the website or destination is operated by a company affiliated or otherwise connected with NCMA. By using the Services, you acknowledge and agree that NCMA is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Site.

8.2. Third Party Advertisements and Services. NCMA takes no responsibility for and does not endorse any third party advertisements or any third party material Posted on any Access Point where the Services are available, nor do we take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers while using the Services, including through engaging with interactive advertisements, are between you and the advertiser, and you agree that NCMA is not liable for any loss or claim that you may have against an advertiser. If you provide any confidential or personal information or engage in any transaction through an advertisement, NCMA is not responsible for such information or transaction. We strongly encourage that you should read the terms of use and privacy policy of the advertiser or other party before providing any confidential or personal information or engaging in any transactions with the advertisers.

9.Trademarks:

NHK Cosmomedia America, Inc., dLibrary Japan, the DLJ logo, and other NCMA marks, graphics, logos, scripts, and sounds are trademarks of NCMA. None of the NCMA trademarks may be copied, downloaded, or otherwise exploited.

10. Disclaimer of Warranties, Limitation of Liability and Indemnity:

YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK, AND THAT THE SERVICES, INCLUDING THE DLJ SITE, THE CONTENT, THE FEATURES, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH ANY ACCESS POINT, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT REPRESENTATIONS, WARRANTIES, CONDITIONS (APART FROM WHAT MAY BE EXPRESSLY PROVIDED ELSEWHERE IN THESE TERMS) OR ASSURANCES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF FOREGOING, NCMA DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATIONS, WARRANTIES, CONDITIONS AND/OR ASSURANCES AS TO OR OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE. MOREOVER, NCMA SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY WHATSOEVER TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL NCMA OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT PROGRAMMERS) (COLLECTIVELY, THE "NCMA PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH ANY ACCESS POINT), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE NCMA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SERVICES OR $50 (WHICHEVER IS LESS).

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE NCMA PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SERVICES (INCLUDING YOUR USE OF THE CONTENT). NCMA RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

11.Claims of Copyright Infringement:

If you believe that any Content or other material provided through the Services, including through a link, infringes your copyright, you should notify NCMA of your copyright infringement claim. You may contact us at https://dlibjapan.net/inquiry. We will process any notice of alleged infringement that NCMA receives and take appropriate action in accordance with applicable intellectual property laws.

12. Claims and Arbitration:

If you have any issue with the Services, we encourage you to access to our support site. In the event there is an issue that still requires further attention, we want to make the resolution process as quick and efficient as possible. To do that, please send your full name and contact information, your concern to us through https://dlibjapan.net/inquiry. We will make every reasonable effort to resolve any issues or disagreements that you have with us. If those efforts fail, you agree that any claim, dispute, or controversy you may have against us arising out of, relating to, or connected in any way with this Agreement, these Terms of Use or the Site shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"). You agree further that: (1) the arbitration shall be held in New York City, New York County; (2) the arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (3) there shall be no authority for any claims to be arbitrated on a class or representative basis; (4) arbitration can decide only the individual claim you have against us; (5) and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, this arbitration provision is held by a court of competent jurisdiction to be contrary to law or public policy or otherwise unenforceable, you agree to submit to personal and exclusive jurisdiction of the federal and state courts located in the City, County and State of New York. At our sole option, a claim of infringement of any of NCMA’s intellectual property rights and claims for injunctive or other equitable relief may be adjudicated by a state or federal court of competent jurisdiction located in the City, County and State of New York County. Each Party shall pay its own legal and arbitration fees and other expenses regardless of the outcome of any mediation, arbitration or litigation.

You and we knowingly, voluntarily and intentionally waive any right you or we may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising in connection with these Terms of Use, the use of the Services or the Site. Further, you or we certify that none of our representatives or agents have represented, expressly or otherwise, that you or we would not in the event of such litigation, seek trial by jury.

13. Limitation on Time to Bring a Claim:

To help resolve any issues between us promptly, you and NCMA agree to bring any claim arising out of or relating to these Terms (including DLJ Privacy Policy), our relationship, or the use of the Services within one year after a claim arises; otherwise, the claim is waived. This limitation applies regardless of the venue in which such claim is or could otherwise be asserted.

14. General Information:

14.1. Jurisdiction. DLJ is intended for the customers in the U.S and Canada only. DLJ makes no representation that materials or other content in the Site are appropriate or available for use outside the U.S. (for U.S residents)

14.2. International Use. We are a company based in the United States. NCMA's goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content programmers grant to us. Using technologies to access the Content from territories where NCMA does not have rights or that are not permitted by the terms of your subscription is prohibited.

14.3. Choice of Law and Forum. These Terms are governed by, and construed in accordance with, the laws of the State of New York, USA, without giving effect to principles of conflicts of law. To the extent that the arbitration provision outlined in Section 12 is not applicable (e.g., when confirming an arbitration award), you and NCMA agree to submit to the exclusive jurisdiction of the courts located in the county of New York City, State of New York.

14.4. No Waiver/Reliance. If you see other parties violating these Terms, we would appreciate it if you would let us know at ') https://dlibjapan.net/inquiry. How NCMA responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon NCMA's precise response with respect to one party or one situation as any indication of what NCMA might do with respect to another party or another situation, even if the parties or situations appear to you to be similar. Similarly, if we fail to act in response to a violation of these Terms, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, NCMA's decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy. Even if NCMA acts in a way that appears to you to be inconsistent with these Terms, NCMA's action shall not be deemed a waiver or constructive amendment of these Terms.

14.5 Integration, Amendment, Severability, and Electronic Communications. Please note that these Terms, including DLJ's Privacy Policy which is incorporated in these Terms and any end user license agreement that might accompany the applicable Service, constitute the entire legal agreement between you and NCMA and govern your use of the Services (including your use of the Content) (but excludes any services, if any, that NCMA may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and NCMA in relation to the Services. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. From time to time, we may communicate with you about the Services and these Terms electronically (e.g., emails to your registered email address, notices on the DLJ Site and other Access Points). You consent to receive electronic communications from NCMA and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. We recommend that you keep a copy of any electronic communications we send to you for your records.

15. Contact Information:

Our goal is to provide our subscribers with high quality services and entertainments, so if you have any questions or comments regarding these Terms, please contact us through https://dlibjapan.net/online-inquiry.

 

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dLibrary Japan Google Chromecast* Giveaway Promotion

Disclaimer (Terms & Conditions)

 

Section 1.             PROMOTION DESCRIPTION: Eligible customers who participate in this dLibrary Japan Google Chromecast Giveaway Promotion (the “Promotion”) during the Promotion Period (as defined under Section 5 below) and meet all requirements as set forth in these terms and conditions of the Promotion are eligible to receive a gift as further described below.

 

Section 2.             SPONSOR OF THE PROMOTION: NHK Cosmomedia America, Inc., 100 Broadway, 15th Floor, New York, New York 10005 (the “Sponsor”).

 

Section 3.             ELIGIBILITY:

During the Promotion Period, in order to qualify for the Promotion, a physical person must: i) be a legal resident of one of the 50 states of the United States of America and District of Columbia who (i) is eighteen (18) years and older, or the age of majority in your state, who can legally enter into contracts, and (ii) signs up for “three-month subscription plan” with dLibrary Japan service (the “Subscription”). An eligible person who meets the requirements set forth above may be hereinafter referred as “Customer” or “Subscriber”. Please note that a first time user of the dLibrary Japan Service, who is currently participating in a one week free trial period, is not eligible for the Promotion. Please also note that Employees, directors and officers and their immediate families or household members of NHK Cosmomedia  America, Inc. (“Sponsor”) and its respective affiliates, partners, subsidiaries, franchises, distributors, resellers, advertising and promotion agencies, similar parties, competing tool manufacturers with respect to the Gift (as defined under Section 4 below), and anyone connected with the production and distribution of this Promotion are not eligible to qualify and participate in the Promotion. For the avoidance of doubt, Google LLC have not offered or sponsored this Promotion in any way. 

*Google Chromecast is a trademark of Google LLC.

 

Section 4.             AGREEMENT WITH THE TERMS AND CONDITIONS OF THE PROMOTION:

By participating in and entering into the Promotion, each Customer fully and unconditionally accepts and agrees that these terms and conditions, which are available at https://dlibjapan.net/terms-of-use, shall be final and binding in all matters related to the Promotion.

 

Section 5.             PROMOTION PERIOD:

The Promotion begins at 12:01 am EST on September 24, 2018 and ends at 11:59 pm EST on March 31, 2019 (the “Promotion Period”). 

 

Section 6.             HOW TO REEDEM YOUR GIFT WITH THE THREE-MONTH SUBSCRIPTION PLAN:

In order to receive a Gift under the Promotion, all eligible Customers under Section 3 must follow the process stated below during the Promotion Period:

  1. login to or register to the dLibrary Japan website (https:// dlibjapan.net);
  2. select “Chromecast Giveaway Promotion” (three-month subscription Plan);
  3. check the box stating that “I agree to the Terms of Use, including  the Promotion Disclaimer (only for Chromecast Giveaway Promotion subscribers), and Privacy Policy ;
  4. if our review confirms your Subscription, your payment in advance thereof and that you meet all other eligibility criteria as defined under Section 3, you will be automatically entered into the Promotion and you will be entitled to the Gift. Once your Subscription has been confirmed, you will receive a communication from the Sponsor confirming your successful entrance in the Promotion at the e-mail address you have provided at the time of the Subscription.

 

Only one (1) Gift per authorized dlibrary Japan account will be permitted. At the time of the Subscription, you will be asked to provide your first name, last name, complete mailing address (no P.O. boxes), city, state, zip code, daytime telephone number, and e-mail address. Complete all information requested in the information fields. Within the initial free trial period, an online subscription can be canceled or modified. All Subscriptions shall become the property of Sponsor and will not be acknowledged or returned.  In the event of a dispute over the identity of a Subscriber, its Subscription will be deemed submitted by the authorized account holder of the e-mail account of the email address submitted at the time of Subscription. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line server provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail address for the domain associated with the submitted e-mail address. 

 

Section 7.             DESCRIPTION OF THE GIVEAWAY GIFT:

The Giveaway Gift related to the Promotion is a Google Chromecast (Model: NC2-6A5) (approximate retail value of / ARV: $35.00) (the “Gift”). Please note that Google Chromecast is a trademark of Google LLC. No giveaway gift substitutions or election of cash equivalents are permitted by the Customers who will receive the Gift. The Gift is non-transferable and non-resalable. Sponsor reserves the right to substitute the Gift with another gift of equal or greater value in the Sponsor’s sole discretion.

 

Section 8.             SHIPMENT OF THE GIVEAWAY:  

Pursuant to Section 6, the shipment of the Gift will be performed once payment of the Subscription is charged and confirmed by the Sponsor.  Receipt of the Giveaway Gift can take up to approximately four weeks or more for delivery after your confirmation of the Subscription and the entry into the Promotion. The Gift cannot be shipped to a P.O. Box address, reshipping companies or distributors. We may contact you for a confirmation or additional questions as to your shipment’s address. Gifts must be shipped to a Subscriber’s physical address provided at the time of the Subscription.

 

Section 9.             RESTRICTIONS AND LIMITATIONS OF THE PROMOTION:

The Promotion is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law. Gift requests are subject to further audit at Sponsor’s sole discretion, and if fraud or any failure to conform with the Promotion or these Terms & Conditions is identified by Sponsor, Sponsor in its sole discretion may render that Gift request void, in which case it will not be honored.

 

Section 10.          RELEASE OF LIABILITY:

By participating in the Promotion, you agree to release Sponsor, its affiliates and subsidiaries, and each of their respective partners, employees, directors, and agents, including advertising agencies, and other individuals engaged in the development, administration, or execution of this Promotion (“Released Parties”), from any and against any and all claims, obligations, injuries, damages, losses and liabilities (including but not limited to injury), whether direct or indirect, arising out of your participation in the Promotion and/or the acceptance, awarding, receipt, use, possession, and/or misuse of the Gift, and you agree that the Released Entities are in no way whatsoever responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the Promotion and/or the awarding of any prize. 

 

Notwithstanding the foregoing, in the event that the preceding release is determined by a Court of competent jurisdiction to be invalid or void for any reason, the Customer agrees that, by entering the Promotion, (i) any and all disputes, claims, and causes of action arising out of or in connection with the Promotion, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorney’s fees; and (iii) under no circumstances will any Customer be permitted to obtain any award for, and Customer hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.

 

Section 11. MISCELLANEOUS:

  1. All disputes, claims, and causes of action arising out of or connected with this Promotion and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules shall be resolved exclusively in a court of competent jurisdiction sitting in New York County, New York.  Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion and never shall include consequential, incidental or punitive damages, and in no event attorneys’ fees.  The laws of the State of New York without regards to the conflict of law principles contained therein shall exclusively govern any and all such matters. If any provision of these terms and conditions is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and, provided that the fundamental terms and conditions of these terms and conditions remain legal and enforceable, the remainder of these terms and conditions shall remain operative and binding.
  2. These terms and conditions constitute the entire agreement governing the Promotion and binding the Customer, and no other agreement, verbal or otherwise, shall be binding regarding the Promotion unless it is in writing and signed by Sponsor. In case of any conflict or inconsistency between any other documents relating to the Promotion and these terms and conditions, these terms and conditions shall control. To the maximum extent provided by law, no waiver of any provision of these terms and conditions will be implied from any course of dealings between the Customer and Sponsor or from any failure by the Customer or Sponsor to assert its rights hereunder on any occasion or a series of occasions. Eligibility to participate in the Promotion is nontransferable and non-assignable.
  3. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. Sponsor is not responsible for: (i) lost, late, misdirected, damaged, garbled or illegible entries; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to Customer’s or any other person’s computer or phone related to or resulting from participating in the Promotion.
  4. Sponsor reserves the right to cancel, suspend, and/or modify the Promotion, in a manner deemed appropriate by the Sponsor, at the Sponsor’s sole discretion. Sponsor also reserves the right to suspend, modify or terminate the Promotion if Sponsor believes, in its sole discretion, that malfunction, error, disruption or damage is impairing or will impair the administration, security, fairness, integrity or proper play of the Promotion.
  5. Failure to comply with these terms and conditions stated hereto, violation of any law, rule or regulation in connection with participation in the Promotion, tampers with the operation of the Promotion, or engages in any conduct that is unsportsmanlike, disruptive, or detrimental or unfair to Sponsor may result in disqualification from the Promotion. Sponsor reserves the right to permanently disqualify from the Promotion for any reason any person that Sponsor, at its sole discretion, believes has intentionally violated these terms and conditions. A disqualified person, whether or not Subscriber with regard to the Promotion, shall not be entitled to receive any Gift.
  6. If the Promotion is terminated before the end date of the Promotion Period, Sponsor will determine, in a manner consistent with Section 6 above, the recipients of the Gift from all eligible Subscriptions received as of the termination date.
  7. Information submitted with an entry is subject to the Privacy Policy stated at https://dlibjapan.net/privacy.
  8. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A CUSTOMER OR SUBSCRIBER, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE OR INTERFERE WITH THE OPERATION OF THE PROMOTION, IS A LAW AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
  9. If you have any questions about these Terms & Conditions or the Promotion, please contact us at https://dlibjapan.net/online-inquiry or send written questions to the Sponsor’s address as defined under Section 2.