Terms & Conditions

Welcome to the website of the United States – Japan Foundation (hereafter, the “Foundation” or “we” or “us”). These terms and conditions (also referred to as “Terms of Use”) govern your access to and use of www.us-jf.org, including any content, functionality and services offered on or through www.us-jf.org (the “Site”). Please read the Terms of Use carefully before you start to use the Site. By clicking to accept or agree to the Terms of Use when this option is made available to you, or if this option is not made available to you, then by using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.us-jf.org, incorporated herein by reference. If you do not want to agree to these Terms of Use and the Privacy Policy, you must not access or use the Site.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you.

Grant of Rights

The Foundation grants you a limited, revocable, non-exclusive right to access and use the Site in accordance with these terms and conditions.

Intellectual Property Rights

The material and content accessible from the Site, and any other World Wide Web site owned, operated, licensed, or controlled by the Foundation (the “Content”), including but not limited to all features and functionality of the Site (including but not limited to any and all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Foundation, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws to the maximum extent of such laws. Accordingly, the Content may not be copied, distributed, republished, downloaded, uploaded, posted, disseminated or transmitted in any way without the prior written consent of the Foundation, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates the Foundation’s intellectual property rights or those of the party that provided the Content to the Foundation.

Neither title nor intellectual property rights are transferred to you by access to this Site.

References on the Site to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by the Foundation. Moreover, such third parties do not endorse, sponsor, and are not affiliated with the Foundation.

Unacceptable Use

You may use this Site for purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without the Foundation’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this Site, or (ii) frame this Site, or (iii) hyper-link to this Site, without the express prior written permission of an authorized representative of the Foundation. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with the Foundation in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Site.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

Termination of Access

The Foundation has the right to terminate your access to the Site for any reason if we believe you have violated any of these terms and conditions. You agree that the Foundation will have no liability with regard to any such termination.

Limitations

The Foundation does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of any information on the Site nor its translation into Japanese. In addition, we have no duty to update the information contained on the Site, and we are not liable to you for outdated or incorrect information contained herein. Moreover, we reserve the right at any time to modify, suspend or discontinue the Site (or any part thereof) with or without notice, and we are not liable to you or any third party for any modification, suspension or interruption in services.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE FOUNDATION NOR ANY PERSON ASSOCIATED WITH THE FOUNDATION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE FOUNDATION NOR ANYONE ASSOCIATED WITH THE FOUNDATION REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOUNDATION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL the Foundation, its directors, officers and employees, its affiliates, successors and assigns, if any, and the Foundation’s licensors, service providers, contractors, agents, and suppliers, and their respective owners, directors, officers, employees, successors and assigns, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Links to Other Websites

There may be links to other websites at certain places on the Site, and we do not endorse, approve, certify or control any of those websites. Because we do not have any control over such sites, you acknowledge and agree that we are not responsible for the content of the sites or the availability, accuracy, completeness, efficacy, or timeliness of information contained on those sites. Use of those sites or any information obtained from those sites is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy and timeliness.

Indemnity

You agree to indemnify and hold harmless the Foundation, its directors, officers and employees, its affiliates, successors and assigns, if any, and the Foundation’s licensors, service providers, contractors, agents, and suppliers, and their respective owners, directors, officers, employees, successors and assigns, from and against all manner of action or actions, cause or causes of action, at law or in equity, suits, claims, demands, liability, loss, judgments, awards, cost or expense (including reasonable attorneys’ fees), of any nature whatsoever, known or unknown, fixed or contingent, which arise from, or are related to, any use of the Site other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site, or your violation of these terms and conditions.

Notices

In our discretion, we may provide notices of changes to these terms and conditions or other matters by displaying notices or links to notices generally on the Site.

Assignment

The rights and licenses granted hereunder may not be transferred or assigned by you, but may be freely assigned by the Foundation without restriction.

Severability

You acknowledge and agree that if any provision of these terms and conditions is invalid or unenforceable to any extent, the remainder of these terms and conditions shall not be affected and shall be enforced to the greatest extent permitted by applicable law.

International Law

We control, operate and administer this Site from the United States. We make no representation that materials or Content on the Site are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws.

Governing Law and Jurisdiction

To the fullest extent permitted by law, these Terms of Use will be governed and interpreted pursuant to the laws of the state of New York, notwithstanding any principles of conflicts of law, except that disputes regarding trademark and copyright matters will be governed and interpreted pursuant to the federal laws of the United States. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York and County of New York, except that we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You specifically consent to personal jurisdiction in New York in connection with any dispute between you and the Foundation arising out of these Terms of Use or pertaining to the subject matter hereof, and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Language

The controlling language for these Terms of Use is English.

Waiver

No waiver by the Foundation of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Foundation to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Foundation with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site. If you provided to the Foundation any Content that is included on the Site, any separate agreement between you and the Foundation concerning such Content will control and is not superseded by any provision of these Terms of Use, notwithstanding anything in this paragraph or elsewhere in these Terms of Use that may be construed to the contrary.

Your Comments and Concerns

If you believe that any Content violates your copyright or other rights, please contact the Foundation at (212) 481-8753 or via e-mail at info@us-jf.org.

All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: info@us-jf.org.

Thank you for visiting the Site.

 

Last updated:  February 19, 2014.

© 2014 United States – Japan Foundation