TERMS OF USE
This Terms of Use Agreement is made by and between Japanese Cinema Archives (JCA) and you the user. This Agreement contains the terms and conditions that govern your use of this Website.
By using our website and its Service you are accepting the practices described in these Terms and conditions («Agreement»). If you do not agree to this Agreement, please do not use the website, and exit immediately. JCA reserves the right, from time to time, to modify or amend this Agreement without notice. Continued use of any part of this website constitutes your acceptance of such changes.
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We maintain the privacy of your information as set forth in our Privacy Policy, and we process your personal data in compliance with said Privacy Policy.
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JCA reserves the right, in its sole discretion, to terminate your access to any or all of JCA’s websites and the related Services or any portion thereof at any time, without notice.
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These Terms were last updated on July 5, 2021.
CONTENTS:
EXPLANATION OF WORDING AND PHRASING IN THIS AGREEMENT
The Japanese Cinema Archives Terms of Use also includes the statements of our Privacy Policy. The term «Company», «JCA», «we», and «us» includes Japanese Cinema Archives, our affiliates, subsidiaries, partners, licensors, and suppliers.
«Service» means any website, mobile application, or internet service under the control of JCA, whether partial or otherwise, in connection with providing an online platform for JCA's Services.
Through our Service, you will be exposed to a wide range of information, including, possibly, photographs, communications, music, videos, artwork, messages, and merchandise, collectively described as «Content».
Some of the Content may be provided by us while other Content may be provided by other Users of the Service or third-party merchandisers. Content provided by Users, including any public postings or communications with other Users of the Service, is collectively described as «User Content».
INTELLECTUAL PROPERTY
All the written Content featured or displayed on the Website, including articles, reviews, text, and SEO are property of JCA. All photographs, images, artwork, video & audio clips, moving images, sound, and illustrations are property of JCA’s affiliates, partners, vendors, licensors and/or its Content publishers.
All elements of the Website, including the general design and logos, are protected by trade dress, copyright, moral rights, trademark, publicity rights, and other laws relating to intellectual property rights. The website, its Content and all related rights shall remain the exclusive property of JCA, its affiliates, partners, vendors, licensors, or third party Content publishers.
PROPRIETARY INFORMATION AND USE LIMITATION
The material and Content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by JCA is the proprietary information of JCA or the party that published or licensed the Content to JCA whereby such party retains all right, title, and interest in the Content.
JCA’s website(s) are for your personal and non-commercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without JCA’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Content, software, products, or Services obtained from or otherwise connected to JCA’s website(s), unless expressly permitted by these terms.
You may re-post any and all links and up to one hundred (100) words of text from any article if such posting provides a right of attribution to Japanese Cinema Archives, and promotes the article on other websites, including social media sites. 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.
As a condition of your use of JCA’s website(s), you warrant to JCA that you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (1) co-brand this site, or (2) frame this site, or (3) download any Content from this site (other than as provided by these terms) without the express prior written permission of an authorized representative of JCA.
You agree to cooperate with JCA to prevent or remedy any unauthorized use. In addition, you may not obtain or attempt to obtain any materials, Content, or information through any means not intentionally made available or provided for through the website(s).
Modification or use of the Content except as expressly provided in these Terms of Use violates JCA’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.
USER CONTENT
You understand that publishing your User Content on the Service is not a substitute for registering it with any rights organization. We reserve the right to monitor and review transmissions online and in storage, and to remove or reject any material, which we, at our sole discretion, believe may be unlawful or objectionable, without prior notice to Users.
Unless you and JCA enter into a separate written contract for use of your Content that states otherwise, you hereby grant to JCA the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Content, remarks, suggestions, ideas, graphics, or other information communicated to JCA through this site, and to incorporate any submission in other works in any form, media, or technology now known or later developed.
JCA will not be required to treat any User Content as confidential and may use any submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future JCA operations.
LINKS TO THIRD-PARTY WEBSITES
This site may link to other sites which are not maintained by, or related to, JCA. Links to such sites are provided as a Service to users and are not sponsored by or affiliated with this site or JCA. JCA has not reviewed any or all such sites and is not responsible for the Content of those sites. Links are to be accessed at the user’s own risk, and JCA makes no representations or warranties about the Content, completeness or accuracy of the sites linked to or from this site. JCA provides links as a convenience, and the inclusion of any link to a third-party site does not imply endorsement by JCA of that site or any association with its operators, unless expressly stated by JCA.
DISCLAIMER
JCA does not assume any responsibility or risk for your use of the internet. The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by JCA.
JCA does not warrant that the Content on this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.
THE SITE IS PROVIDED «AS-IS». YOU BEAR THE RISK OF USING IT. WE GIVE NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, JAPANESE CINEMA ARCHIVES EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE FURTHER GIVE NO WARRANTIES THAT THE SITE WILL FUNCTION A PARTICULAR WAY OR MEET ANY PARTICULAR STANDARD.
All the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and JCA does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.
INDEMNITY
You will indemnify and hold JCA, its subsidiaries, affiliates, licensors, Content providers, Service providers, employees, agents, officers, directors, and contractors (the «Indemnified Parties») harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use.
You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
LIMITATION OF LIABILITY
You agree that your sole and exclusive remedy for any problems or dissatisfaction with our Service is to stop using said Service. You agree that JCA has no obligation or liability arising from or related to third party applications or the Content thereof made available through or in connection with our Service, and while your relationship with such third party applications may be governed by separate agreements with such third parties, your sole and exclusive remedy, as with respect to JCA, for any problems or dissatisfaction with third party applications or the Content thereof, is to stop using any such third party Services.
In no event will JCA, its subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use of or inability to use the JCA Service, third party applications, or third party application Content, regardless of legal theory, without regard to whether JCA has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose.
JCA TRADEMARKS AND COPYRIGHTS
The trademarks, trade names, service marks, and logos («Trademarks») appearing on this Website, including without limitation Japanese Cinema Archives and/or its distinctive logo are property of JCA. All other Content on this Website («Copyrights»), including all custom graphics are copyrighted works of JCA, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of JCA.
All trademarks, service marks, logos, and trade names on the Services, whether registered or unregistered, are proprietary to JCA or retained by their respective owners where so indicated. Unless otherwise permitted by law, you may not reproduce, download, or otherwise use any such trademarks, service marks, logos, or trade names without the prior written consent of the appropriate owner thereof.
Nothing in this Agreement shall confer any right of ownership of any of the Trademarks or Copyrights to you. Further, nothing in this Agreement shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or Copyright without the express written permission of JCA.
The misuse of the Trademark or Copyrighted works displayed in this site, or any other Content on the site, is strictly prohibited and may expose you to liability. All Contents of JCA’s websites are Copyright © Japanese Cinema Archives. All rights reserved.
GRANT OF LICENSES
We grant you a limited, revocable, non-assignable, non-sublicensable, royalty free license to access and use our Services solely in accordance with the Terms and pursuant to any authorized functionalities of the Services, including the right to access and view Content made available through the Services.
Except as expressly provided for in these Terms, there are no implied licenses for the use of the Services or for any Content made available on or through the Services, and the license granted herein is for your personal, non-commercial use only. No commercial uses of the Services are hereby authorized without our separate written consent, which may be withheld for any reason.
If your country does not have a fair use / fair dealings law, Japanese Cinema Archives. hereby, explicitly grants you permission to reproduce news from Jcablog.com, provided that:
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You clearly credit and link to Jcablog.com as the source;
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You rewrite the news in your own words (translations must not be verbatim);
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Jcablog.com is not the source for the majority of the content on your website, in your broadcast, or in your publication, nor is it the source for the majority of the content in any particular section or segment of your website, publication or broadcast;
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and your website, broadcast or publication contains significant original content in the section(s) where the permitted content from Jcablog.com is reproduced.
Reviews
Manufacturers, distributors, and retailers can quote short excerpts from our reviews in publicity material and on the product itself provided that the quote is attributed to «Jcablog.com». We reserve the right to reproduce the publicity material as a part of our own publicity materials. This includes single pages from publications and screenshots. While our permission is not required, a heads up is greatly appreciated.
Logo
The Japanese Cinema Archives logo may be used on websites for the purpose of linking to Jcablog.com and in various mediums when accompanying articles about Japanese Cinema Archives, provided that the logo is altered in no substantial way (aspect ratio, coloring, additions) from its original presentation, with the exception of resizing (while maintaining the aspect ratio) it as needed. The logo may not be used in any way that identifies, or implies that the site, publication, broadcast, or product it is used on/in/with is associated to Japanese Cinema Archives in any way. In all cases, logo remains the intellectual property of Japanese Cinema Archives and is protected by applicable laws.
Other Material and Situations
If you would like to reproduce any material from Japanese Cinema Archives in a way that is not covered under the above guidelines you must contact us and obtain our explicit consent first. Images in the release database and reviews belong to the copyright owners of the respective title. Please note that some of the content posted on Japanese Cinema Archives may not belong entirely to Japanese Cinema Archives and has been posted with the (co)owner's permission, or in compliance with our Fair Use Policy. In those cases we may not be able to give permission to use the content.
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COPYRIGHT AND FAIR USE POLICY
Unless otherwise stated, all material published on Jcablog.com is owned by and are copyright Japanese Cinema Archives. Third party images, product descriptions and product names are the legal property (copyright and/or trademark) of their respective owner(s) where said companies' or individuals' rights apply.
The following references are presented for informational purposes only and should not be construed as legal advice. Although the information has been carefully checked and researched for accuracy, JCA does not assume any liability or responsibility for the accuracy or usefulness of the information presented. Always consult a lawyer or legal expert before taking or responding to legal action.
Under the fair use clause of the Berne Convention, which is reproduced in the copyright laws of all signatory countries, including the United States, Canada and Japan*, information can be reproduced for the dissemination of News with the following guidelines:
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The material must be properly attributed to the original source. The Berne convention was created before people started to use the Internet to disseminate news and makes no mention of links, however recent court cases and new laws passed in some countries makes linking to the source a requirement.
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The material must be re-written in the words of those that wish to re-disseminate it. Cutting and Pasting an entire article is illegal. However, quoting an excerpt of an article is permitted.
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(Not in the Berne convention) Furthermore, it is suggested that any given publication or website cannot use the fair use clause to rely entirely on another publication for all of its news. If you are going to repost news items from Japanese Cinema Archives or any other source, no given source should be responsible for the majority of your news and you should have at least some original news content of your own.
*Although a signatory of the Berne Convention, Japan has not fully implemented the fair use clauses recommended by the Berne Convention.
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Fair Use References
In addition to the Berne Convention, the Fair Use Laws of the United States and Japan makes the following statements about criticism and research of the kind that is published at Japanese Cinema Archives:
Article 10 of the Berne Convention, as revised, 1971:
It shall be permissible to make quotations from a work which has already been lawfully made available to the public, provided that their making is compatible with fair practice, and their extent does not exceed that justified by the purpose, including quotations from newspaper articles and periodicals in the form of press summaries.
US Legal Code Title 17, Chapter 1, Sec 106
(Limitations on exclusive rights: Fair use)
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
Copyright Law of Japan, Chapter 2
Article 32 Quotations
It shall be permissible to make quotations from a work already made public, provided that their making is compatible with fair practice and their extent does not exceed that justified by purposes such as news reporting, criticism or research.
Article 41: Reporting of current event
For the purpose of reporting current events by means of photography, cinematography, broadcasting or otherwise, it shall be permissible to reproduce and exploit a work involved in the event or a work seen or heard in the course of the event, to the extent justified by the informatory purpose.
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YouTube: Terms of Service
Your Content and Conduct (License to Other Users)
You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.
COPYRIGHT INFRINGEMENT NOTICE AND TAKEDOWN PROCEDURE
JCA expeditiously responds to valid notices of copyright infringement that adhere to the requirements set forth in the Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied in a way that constitutes copyright infringement, you may provide JCA with a notice that contains all six points enumerated below:
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An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
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A description of the copyrighted work that you claim has been infringed upon;
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A description of where the material that you claim is infringing is located on the site, including the URL, if applicable;
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Your address, telephone number, and e-mail address;
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A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
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A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Upon receipt of a valid notice, JCA will remove or disable access to the allegedly infringing Content as well as make a good-faith attempt to contact the owner or administrator of the affected Content so they may counter-notice pursuant to Sections 512(g)(2) and (3) of the DMCA.
Japanese Cinema Archives can be contacted at: jcapostbox@gmail.com
SECURITY
You are prohibited from using any Services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited.
JCA reserves the right to investigate suspected violations of these Terms of Use. JCA reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing JCA to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
NOTICES FROM THE SERVICE
We are continuously developing the features and functionality of the Service. Consequently, we reserve the right to modify Terms of Service at any time at our sole discretion. You agree to be bound to such alterations when you use the Service and the alterations shall be effective at the time of using the Service.
It is important that you review these Terms of Use regularly to ensure that you are updated on any modifications to said terms. If you are dissatisfied with or do not agree to abide by any altered Terms of Service, your sole remedy should be to close your account and discontinue use of the Service.
JURISDICTION
By choosing to visit our website and make use of our Service or otherwise provide information to us, you agree that any dispute regarding Terms of Use will be governed by the laws of Norway. (The jurisdiction is chosen in compliance with the so-called «nationality principle», which means that any dispute will be adjudicated by the country of JCA’s owner's nationality.) The adjudication of any disputes arising in connection with our Service will be in accordance with the Terms of Use.
If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the country where JCA may act to provide Service including but not limited to United States, Norway and Japan and processing globally.
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