Terms of Service
UNIVERSAL STUDIOS JAPAN TERMS OF USE
Welcome to Universal Studios Japan Auditions! USJ LLC (“we”) maintains this site (the “Site” ; and the maintenance of the Site and the various services made available to you through the Site are collectively referred as the “Services”) for your information and communication.
Please read these Terms Of Service carefully and fully comprehend the content of the clauses hereof; they contain important information regarding your legal rights including arbitration clauses or written arbitration agreement, whereby you agree to waive your right to a court litigation and to class relief. Furthermore, you shall also read carefully the clauses regarding the disclaimer of warranties or limitation of liabilities, as well as some additional clauses, permits, guidelines or rules which are required for opening up or using certain services, and choose to accept or reject. The clauses regarding the disclaimer of warranties, exclusion and limitation of warranties are in bold font hereunder for your attention. By using the Site or any services thereof you agree to these Terms Of Service. If you do not agree to these Terms Of Service, please do not use the Site or the Services.
1. Acceptance Of Terms Of Service
If you do not agree with any of these Terms Of Service (“Terms Of Service” or “Terms”), including the Privacy Policy incorporated herein, please do not use our services. By using our services you will be deemed to have irrevocably agreed to these Terms. Some areas of our services may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms regarding use of our services, unless otherwise expressly stated.
These Terms Of Service apply when you interact digitally with the Internet sites operated by NBCUniversal Media, LLC and its affiliates and subsidiaries, including USJ LLC d/b/a Universal Studios Japan (“USJ” or “We”, “Our” or “Us”), (the “Site” or “Sites”), mobile apps, WiFi Internet access points , and any other services, products and any related software or mobile and/or tablet applications offered by USJ (collectively, the “services”). Note that in some instances, both these Terms Of Service and separate additional terms or licenses, guidelines, rules or Terms Of Service will apply to your use of some services offered and/or operated by USJ (in each such instance, and collectively, “Additional Terms”). These Additional Terms will be posted in connection with the applicable services and will be in addition to these Terms Of Service. Where any direct conflict exists between these Terms Of Service, or any Additional Terms, and the applicable Privacy Policy the terms of the Privacy Policy shall take precedence; however, provisions unique to these Terms Of Service (e.g., arbitration) will remain in effect as outlined here.
USJ may modify these Terms Of Service prospectively from time to time in its sole discretion. Your continued use or accessing of the services following the posting of any changes to the Terms Of Service constitutes your acceptance of such changes. You agree to be notified of changes to the Terms Of Service via posting of updates on our services.
Our Sites and services are general audience Sites and services for adults. We will assume (and by using our Site(s) or services you warrant that) you have legal capacity to enter into the agreement set out in these Terms Of Service (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
To access any of the services or any of the resources we have to offer, you may be asked to provide registration details. It is a condition of use of these Terms that all the details you provide be correct, current, and complete. We have the right to refuse you access to the services, or any of its resources, and to terminate or suspend your account for any reason.
Please note that these Terms may be revised and reissued, prospectively by posting updated terms on the services. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the services. You should visit this page regularly to review the current terms. Your continued use of the services will be deemed as irrevocable acceptance of any revisions.
EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICES, YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SITES OR SERVICES (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICES AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted Terms Of Service and any applicable Additional Terms each time you use any of the services (at least prior to each transaction or submission). The Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms Of Service (and any applicable Additional Terms) that applied when you previously used the online services will continue to apply to such prior use (i.e., changes and additions are prospective only) except your continued use of the Sites or services after you receive notice of an update to the Terms Of Service and/or applicable Additional Terms shall be deemed as your acceptance to all such revisions. In the event any notice to you of new or revised Terms Of Service or Additional Terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, your message account (if applicable) and the email you associated with your account for notices, all of which you agree are reasonable means of providing you notice. You can reject any new, revised or additional Terms Of Service by discontinuing use of the Site and services.
2. Permitted Uses
Your use of the services shall be limited solely to your personal and non-commercial use. The services contain material that is derived in whole or in part from material supplied and owned by USJ as well as third parties (“Content”). As between USJ and You, USJ owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, and all other intellectual and proprietary rights throughout the world associated with the services and Content. You acknowledge USJ’s valid intellectual and proprietary property rights in the services and Content and that your use of the services is limited to the access, viewing and downloading of Content, all solely as authorized by USJ. Nothing in these Terms Of Service shall be deemed to convey to you any right, title or interest in or to the services or Content or to any portion thereof except for the limited rights expressly granted herein.
You may use the services solely for personal and non-commercial uses. You may not either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone or other device (each a “device”) or other means remove, alter, bypass, avoid, interfere with, or circumvent (i) any copyright, trademark, or other proprietary notices marked on the services or Content, (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the services or Content, or (iii) any advertisement on the services and/or within Content. You may not either directly or through the use of any device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the services or Content unless expressly permitted by USJ in writing. You may not incorporate Content into, or stream or retransmit the Content via, any hardware or software application or make the services or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Content or services with any third party content, materials or branding. You may also not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate Content or any portion of the services. See Section 21 for terms applicable to use of links to the services. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the services or its servers and infrastructures. You may not, in whole or in part, resell, redistribute or recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the services or Content, whether or not for profit.
To the extent that USJ makes Content available to you via a widget, embedded player or other technology that allows you to embed or stream Content on or to another site, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with Content, or any advertisement delivered with Content.
You are also prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to allow users to view Content without: (i) displaying visibly both Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
3. Access To The Site And Availability Of Services
USJ may change, suspend or discontinue any aspect of the Site or services at any time (and any elements and features of them), in whole or in part, for any reason, in our sole discretion, without notice or liability, including pursuant to Section 19 (Termination) below.
You are responsible for any charges incurred in obtaining access to the Site and services. The Site and services are currently provided for free, although you may be given the opportunity to purchase products or services through the Site from USJ. USJ reserves the right to change the nature of this relationship at any time.
You and we agree that the Convention on Contracts for the International Sale of Goods does not apply to your use of our services or these Terms Of Service.
4. Registration, Passwords, Unauthorized Use Of Your Account, And Sharing Of Social Features
If you establish an account with USJ, including but not limited to a Universal Studios Japan Club Universal account (“Club Universal”), you agree to provide true, accurate and current data in connection with that account. Any usernames and passwords used for this Site or services are for individual use only. You are solely responsible for maintaining the security and confidentiality of the password you use to access your account. You agree to immediately notify USJ of any unauthorized use of your password or account or any other breach of security. You understand and agree that the Site and/or services may include social networking features and your activities (e.g., video viewing, interactions with members and/or advertisers) may be shared with others both on and off the services. If you don’t want your activities to be shared, your only option is to deactivate the related account. Any account you establish and maintain with any service operated by USJ other than the Site shall be governed by, and subject to, the Additional Terms specific to such service in addition to the Terms of Service.
5. Digital Items, Subscriptions And Credits
USJ may, in its sole discretion, make available from time to time, for purchase by you, usage subscriptions (including credits, points, and/or virtual currency) or any virtual items on the services. Purchases of such usage subscriptions or such virtual items are nonrefundable, have no monetary value (i.e., are not a cash account or equivalent), and are purchases of only a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right to use, even if such came with a durational term (e.g., a monthly subscription). Accordingly, you have no property, proprietary, intellectual property, ownership, or monetary interest in your usage subscriptions or virtual items, which remain our Content. We may also immediately suspended or terminate the rights we grant you to usage subscriptions and virtual items for any or no reason, in our sole discretion, and without advance notice or liability. We may modify usage subscriptions and virtual items at our sole discretion, and such modifications may make the usage subscriptions or virtual items more or less common, valuable, effective, or functional.
We do not recognize the transfer of usage subscriptions or virtual items (including for “real” money or any other consideration or items of value whether inside or outside of the services). Accordingly, you may not purchase, sell, barter, or trade any usage subscriptions or virtual items, or offer to purchase, sell, or trade any usage subscriptions or virtual items. Any such attempted transfer will be null and void.
If we suspend or terminate any usage subscriptions or virtual items, then you will forfeit the suspended or terminated subscription or items, except as may be set forth in any Additional Terms (such as any refund policies that may apply to a subscription service). Likewise, except as may be set forth in any Additional Terms or as required by applicable law, we are not responsible for repairing or replacing same, or providing you any credit or refund or any other sum, in the event of our modification of any usage subscriptions or virtual item, or for loss or damage due to error, or any other reason.
6. You Agree To Our Privacy Policy And Third-Party Ads
Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this Site and the services. Click here to show this notice, which forms part of these Terms Of Service.
Any personal details and data acquired by USJ from your participation on the services will be used in accordance with our Privacy Policy and Tracking (Cookies) Technologies Policy, including targeted advertising and tracking information we collect automatically. To learn more about how you can opt-out of targeted advertising, please click on the “Ad Choices” icon on the Site, as described more fully in the Privacy Policy.
7. Wireless And Location-Based Features; WiFi Internet Services; Social Media Plug-Ins
(a) Wireless Features. The services may offer certain features and services that are available to you via your wireless device. These features and services may include the ability to access the features and upload content to the services, receive messages from the services, and download applications to your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. We have no responsibility or liability for any fees or charges you incur when using Wireless Features. You should check with your carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your carrier with any other questions regarding these issues.
(b) Universal Studios Japan WiFi Internet Services. USJ, through its providers, may elect to offer wireless Internet access to guests at select locations throughout the Universal Studios Japan destination, which shall be determined by USJ in its sole discretion from time to time (“WiFi Internet Services”). You acknowledge that USJ reserves the right, but is not obligated, to monitor the activities of those who use the WiFi Internet Services to ensure the integrity of the service and ensure compliance with these Terms Of Service and/or the law. We may record information regarding your usage of the WiFi Internet Services including the geographic locations through which you connect to the network, when and for how long you use the network, and the frequency and size of your data transfers. USJ has the right (but not the obligation) to block or restrict WiFi access to certain third-party applications and third-party Internet websites, within its sole discretion. USJ also reserves the right to disconnect and/or temporarily suspend the WiFi Internet Services without warning.
The WiFi Internet Services are subject to the availability, capacity, and other operational limitations of the requisite network infrastructure and associated facilities. You acknowledge and agree that temporary interruptions of the WiFi Internet Services may occur and that USJ shall not be liable for such interruptions. You further acknowledge and agree that USJ has no control over third-party applications and websites which you may use or access during your use of the WiFi Internet Services, and that delays and disruptions of other network transmissions are beyond USJ’s control.
WiFi Internet access is not inherently secure and wireless communications can be intercepted by certain third-party technologies. We will not be liable to you or any other party for any lack of security related to your communications on the WiFi Internet Services.
You agree not to attempt to bypass network security, program a false IP or MAC address into your device, or to attempt to collect information about other users of the WiFi Internet Services.
Third-party facilities within or nearby the Universal Studios Japan (including without limitation hotels and shops located at Universal CityWalk™ entertainment complex) may elect to provide the guests with their own WiFi Internet services. You expressly acknowledge and agree that such third-party provision of WiFi Internet services (if any) is governed by, and subject to, the terms and conditions of the agreement by and between you and such third party, and also that in no event shall USJ be liable for such third-party WiFi Internet services.
(c) Terms of Wireless Features. If you register for any Wireless Features or access our WiFi Internet Services, then you agree that, in connection with those services, we may send communications to your wireless device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features or your access to any Wireless Internet Services in accordance with our Privacy Policy. If you have registered via the services for Wireless Features, then you agree to notify USJ of any changes to your wireless contact information (including phone number) and update your accounts on the services to reflect the changes.
(d) Location-Based Features. For services on mobile devices (“Mobile Apps”) when you use one of our location-enabled services, we may collect and process information about your actual location. Some of the Mobile Apps or services require your location information for the feature to work. If you have enabled GPS, geo-location or other location-based features on a device, you acknowledge that your device location will be tracked and may be shared with others consistent with the Privacy Policy.
Your wireless device may be configured to automatically broadcast information to wireless access points, including our WiFi Internet Services. USJ may keep a record of any publicly-broadcasted information from those mobile devices configured to communicate with our access points located at the Universal Studios Japan destination. The data collected by our WiFi Internet Services may include but is not limited to: device MAC address, device ID, date/time stamp, WiFi access point location (which can be associated with an actual physical location), device operating system, radio channel, radio signal strength, radio band, and any user information made available through any Universal Studios Japan Mobile App. This data may be retained by USJ and may be used for, but is not limited to, internal and analytical purposes to ensure the integrity of the wireless network and Apple iBeacon system, to identify wait times and visitation trends for rides, shows and attractions, and to improve your experience within our resort destination. We may use aggregate information to better understand guest behavior and make improvements to the guest experience (e.g., managing queue line wait times and improving traffic flow).
In addition, where any Universal Studios Japan Mobile App collects precise information about the location of your devices, it will be used to provide requested location services and, depending on the particular Mobile App, it may be used, amongst other uses, to collect aggregate information, allow tagging or to check-in.
Some Mobile App(s) or feature(s) allow for you to disable location-based features or manage preferences related to them. However, you can terminate device location tracking by us by uninstalling any Mobile App(s) or feature(s). If you visit a location served by our WiFi Internet Services, you can terminate device location tracking by deactivating your device’s WiFi access features. The location-based services offered in connection with our Mobile App(s) or feature(s) are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use; other non-USJ products exist today that may be used specifically for these purposes.
Please see our Privacy Policy to find out more about how to opt out of providing location information or contact privacy@nbcuni.com.
(e) Social Media Plug-Ins. Social media plug-ins of social networks such as Facebook, Twitter, Instagram, Line and YouTube (amongst others) are integrated on our Site and other services. Where our services contain a plug-in to a social network, these are clearly marked (e.g. with a Facebook button). If you chose to click on one of these buttons or links, your browser connects directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network and logged into your respective account the social network receives the information that the web page was used by you. If you interact with a social network plug-in (e.g. you press the Facebook “Like” feature, the Twitter “Tweet this” feature and Google Plus “1+” button or equivalent) or drop a comment on the appropriate web page, the corresponding information is directly transmitted to the relevant social network from your browser. If you are not registered with the social network or you are logged out before you visit our services, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media platform, plug-in etc., then you may be permitting us to have ongoing access to certain information from your social network profile (such as name, social networking id page, email address, photo, gender, location, the people/sites you follow, etc.).
If you don’t want the social network to collect the information about you described above, or to share it with us and other third parties, please review the privacy policy of the relevant social network and/or log out of the relevant social network before you visit our services. As with other sites, you may be able delete any existing cookies placed on your computer by the social network via your browser. See Section 1 of our Privacy Policy to find out more about how our Sites contain plug-ins to social media networks.
8. Your Conduct And Acceptable Use
The following rules are a condition of your use of and access to the services. You are responsible for the content of your communications (including User Content as defined in Section 10) via the services.
No Interference. You may not interfere with any other user from using or enjoying the services.
No Bullying. You may not use the services to threaten, abuse, harass, or invade the privacy of any third party.
Content Posted by You Must be Yours. You may not upload, post, transmit or otherwise distribute or facilitate the distribution of content that is fraudulent or infringes the rights of any third party, including without limitation, patent, trademark, copyright, right of publicity or other proprietary rights.
Your Materials Must be Lawful and Appropriate. You may not upload, post or otherwise distribute or facilitate the distribution of any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, indecent or otherwise inappropriate information of any kind, including without limitation, any images or other material of a sexual nature. You may not upload, post or otherwise distribute or facilitate the distribution of any election campaigns or similar acts that violate the Public Office Election Act.
Don’t Damage Our Site, Services or Servers. You may not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Site, any other services, or to obtain unauthorized access to the services or Content or any data or other information of any third party.
Don’t Copy our Site or Services. Except as otherwise allowed by law, you may not copy, decompile, disassemble or reverse engineer our site or services or any portion thereof.
No Unauthorized Access. You may not attempt to gain unauthorized access to other computer systems or networks connected to the services or use the services, Content or any information contained therein for any unlawful purpose. USJ, in its sole and absolute discretion, shall determine whether any content you transmit or receive or your use of the services violates this provision.
No Collection of Personal Information From Other Users and No Commercial Use. You may not collect information about other users of the services in violation of our Privacy Policy or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation. The services are for personal use only; you may not use the services for any commercial purposes.
Be Yourself. You may not impersonate or falsely state or otherwise misrepresent your professional or other affiliation USJ or with any other person or entity.
No Criminal or Unlawful Conduct. You may not use the services, Content or any information contained therein for any unlawful purpose, and you may not encourage conduct that would constitute a criminal offense or give rise to civil liability. You may not use any services in connection with any site or other use that contains or is associated with information or content prohibited by this section.
Follow These Terms Of Service and Conduct Rules. You may not take any action on the services that violates any applicable law or these Terms Of Service.
We may require, at any time, proof that you are following these rules. We reserve the right to take, or refrain from taking, any and all steps available to us, including suspending or terminating your access to the services or seeking other legal or equitable remedies, once we become aware of any violation of these provisions.
9. Monitoring
USJ may, but has no obligation to, monitor the use by you and other end users of the services. During monitoring, any information relating to any user or their respective activities on the services may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Furthermore, USJ reserves the right at all times to disclose any information posted on any portion of the services as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in USJ’s sole and absolute discretion are objectionable or in violation of these Terms Of Service.
10.Idea Submission Prohibits; User Content; Grant Of Limited License
Reviews, responses, profile entries, posts or questions may not be able to be deleted once uploaded. For some of our features, other members may be able to request email notifications of your new public content or publish their own comments to your comments. We may use the public content to develop aggregate ratings, personalize site views, market products or identify or feature popular members.
USJ may, in its sole discretion, make available from time to time a function to allow the guests to post or upload any content to the Services (“User Content”), and if you post or upload any User Content, you hereby acknowledge and agree that you are granting USJ (including without limitation, its licensees, affiliates, successors and assigns) a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such User Content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant to USJ the foregoing license without infringing or violating the rights of any third party. Without in any way limiting the foregoing, you acknowledge and agree that USJ, its licensees, affiliates, successors and assigns, shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by you to USJ under these Terms Of Service, and to display any advertising, publicity, promotional materials and distribution rights in connection with your User Content. You acknowledge and agree that USJ, its licensees, affiliates, successors and assigns, will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by you hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your User Content. Nothing in these Terms Of Service obligates or may be deemed to obligate USJ or any other person or entity to exercise any of the rights granted by you under these Terms Of Service. You will not receive any compensation of any kind for your User Content or the use thereof, and you agree that there is no industry or other custom or practice that will vary these Terms Of Service. You agree that USJ, its licensees, successors and/or assigns, shall have no obligation to give you credit for your User Content, but in their sole discretion may elect to do so.
No Rights Created by Submission and No Payment for User Content: Your User Content will not be acknowledged or returned. You acknowledge and agree that your User Content is being sent voluntarily by you, and not in confidence, and that no confidential relationship is intended or created between USJ, and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of the User Content. You also agree that USJ does not intend and will not pay you for any User Content. You understand that no industry custom or practice changes your agreement that you will not be paid for any User Content.
Use of Name and Likeness: By posting User Content on the services, you consent to the recording, use and reuse by USJ, its licensees, successors and assigns, of your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your User Content (collectively, “Personal Elements”), as used, edited, altered, fictionalized or modified by USJ, in its sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with USJ, or related Sites or services, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion and publicity.
Ownership: Except as expressly set forth in these Terms Of Service, you shall continue to own all rights in and to the User Content. To the extent your User Content contains other materials or elements owned by USJ or any other affiliated company, such as characters or other elements protected by copyright, trademark or other laws, your rights to make any other use of the User Content will continue to be governed by and may be limited by other applicable laws, the rights of third parties and USJ.
Idea Submissions Prohibited: USJ does not accept unsolicited submissions for motion pictures, television programs, websites, articles, streaming video, e-books, or other products or services. Therefore, please do not make any such unsolicited submissions to USJ through the services, including posts on any Site or any third party social network or website, or by email, text message or any other means. However, if you decide to make any such unsolicited submission, you hereby grant to USJ the right and license to the submission as if it were User Content as specifically set forth above. In addition, USJ retains all of the rights held by members of the general public with regard to your unsolicited ideas and materials. USJ’s receipt of your unsolicited ideas and materials is not an admission by USJ of their novelty, priority, or originality, and it does not impair USJ’s right to contest existing or future intellectual property rights relating to your unsolicited ideas and materials.
Liability for Users: The names, activities, User Content or other content posted by Users does not reflect the views of USJ. Notwithstanding anything else in these Terms Of Service, USJ should not be seen as endorsing any User Content in any way. User Content posted through the services are provided by users like you, and the user providing User Content is solely responsible for his/her own User Content. This means that you, and not USJ, are entirely responsible and liable for any claims, loss or damages relating to all User Content that you upload, post, email or otherwise transmit via the services. None of USJ or its affiliates, or its or their officers, directors, and employees, subsidiaries and/or affiliates are responsible for User Content, accuracy or opinions expressed on the services, nor shall they have any liability for any such User Content. USJ does not investigate, monitor or check for accuracy or completeness of User Content. You understand that by using the Site or services, you may be exposed to User Content that is offensive, indecent, or objectionable.
11.Merchants
Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. USJ will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the services.
12.Disclaimer Of Warranties
While USJ uses reasonable efforts to include up to date information on the Site and services, USJ makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.
USJ PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, USJ, ITS PARENT, ITS AFFILIATES, AGENTS AND LICENSORS (COLLECTIVELY, THE “USJ PARTIES”) DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, USJ DOES NOT WARRANT THAT THE SERVICES, OR YOUR ACCESS TO OR USE OF THE SERVICES WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. USJ DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USJ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SERVICES OR ANY WEBSITES LINKED TO THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. USJ MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THE SERVICES OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND USJ ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SERVICES OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
13.Exclusion Of Damages
NONE OF THE USJ PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF USJ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE USJ PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE OR OTHER SERVICE. WITHOUT LIMITING THE FOREGOING, USJ WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH SECTION 4 (REGISTRATION, PASSWORDS, UNAUTHORIZED USE OF YOUR ACCOUNT, AND SHARING OF SOCIAL FEATURES) OR (2) CONTENT POSTED TO THE SITE OR SERVICES BY YOU OR ANY THIRD PARTY.
14.Limitation Of Liability; Applicability Of Disclaimers, Exclusions And Limits
IN NO EVENT WILL THE USJ PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SITE AND SERVICES OR THESE TERMS EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO USJ IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
15.Sections 12 through 14 do not intend to deprive of or otherwise adversely affect your rights under the consumer protection law applicable in the relevant jurisdiction, or to disclaim or otherwise exclude any liability of USJ that may not be disclaimed or excluded under the consumer protection law applicable in the relevant jurisdiction. In respect of any warranty, liability or damages not allowed to be disclaimed or excluded under such consumer protection law only, notwithstanding anything to the contrary contained in Sections 12 through 14, USJ Parties’ liability shall be deemed to have been limited to the greatest extent permitted by such law.
16.USJ Is Not Responsible For Third-Party Websites And Content
For your convenience, the services may provide links to websites of other persons or entities (“Third-Party Websites”). HOWEVER, THE THIRD-PARTY WEBSITES ARE NOT CONTROLLED BY USJ. ACCORDINGLY, USJ MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY WEBSITES, HAS NO RESPONSIBILITY FOR THE CONTENTS OF SUCH THIRD-PARTY WEBSITES, AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY WEBSITES. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK. THE INCLUSION ON THE SITE OR OTHER SERVICE OF A LINK TO A THIRD-PARTY WEBSITE DOES NOT IMPLY AN ENDORSEMENT BY USJ. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SITES, PLEASE UNDERSTAND THAT IF YOU VISIT THIRD-PARTY WEBSITES THEN YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE SITES WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE SITES.
17.Indemnification
You agree to defend, indemnify and hold harmless USJ, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any breach of these terms, including any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto USJ’s servers, and/or from any and all use of your account; (b) any material posted or otherwise provided by you (including without limitation User Content), or any other subscriber or user of your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy; (c) any misrepresentation made by you in connection with your use of the services; and (d) any breach of any of the representation, warranties or other terms or conditions relating to use of your User Content or the services.
18.Reservation Of Rights
USJ reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Site or services and/or any software, facilities and services on the Site or services, with or without notice, and/or to establish general guidelines and limitations on their use.
19.Termination
USJ may, in its sole discretion, terminate your password, account (or any part thereof) or use of the services, or remove and discard any User Content or information stored, sent, or received via the services without prior notice and for any reason or no reason, including, but not limited to: (i) permitting another person or entity to use your identification to access the Site or services, (ii) any unauthorized access or use of the services, (iii) any violation of these Terms Of Service, or (iv) tampering with or alteration of any of the software, data files, and/or Content contained in or accessed through, the services. You may terminate your account for any reason or no reason. Termination, suspension, or cancellation of these Terms Of Service or your access rights to the services shall not affect any right or relief to which USJ may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to USJ and its licensors and all rights granted by you to USJ shall survive in perpetuity.
20.Infringement Policy
USJ respects the intellectual property of others, and we ask our users to do the same. The Site and services and materials incorporated by USJ on the Site and services (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos or other images incorporated by USJ on the Site and services are also protected as registered or unregistered trademarks, trade names and/or service marks owned by USJ or others (“Trademarks”).
USJ, reserves the right, but not the obligation, to terminate your license to use the services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing.
21.Links By You To the Services
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the services, so long as: (a) the links only incorporate text, and do not use any trademarks, (b) the links and the content on your website do not suggest any affiliation with or endorsement by USJ or cause any other confusion regarding your relationship to USJ or its affiliates or to the services, (c) the link must open in a new browser window and link to the full version of applicable services web page; and (d) the links and the content on your website do not portray USJ or its affiliates or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to USJ. USJ reserves the right to suspend or prohibit linking to the services for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
22.Responsible Use Of Site
Please act responsibly when using the Site and services. You may only use the services and their contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through the Site or services. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the services is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through this Site or services are the sole responsibility of the sender, not USJ, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through this Site or services.
23.Investigations
USJ reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any User Content. USJ may seek to gather information from the user who is suspected of violating these Terms, and from any other user. USJ may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If USJ believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or emails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. USJ will fully cooperate with any law enforcement authorities or court order requesting or directing USJ to disclose the identity of anyone posting any emails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS USJ AND ITS PARENT, AFFILIATES AND LICENSORS, AND ALL THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND REPRESENTATIVES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF USJ DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF USJ OR LAW ENFORCEMENT AUTHORITIES.
24.Export Control
Software from the services on this site are subject to U.S. export controls. No software may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the online service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
25.Dispute Resolution
Any disputes, disagreements or claims arising under or related to the Services, Site or under these Terms (each a “Dispute”) shall be fully and finally adjudicated in Japanese in Osaka, Japan by binding arbitration before a single arbitrator. The arbitration shall be administered by the Japan Commercial Arbitration Association or its successor (“JCAA”) or, if no longer in existence, another nationally-recognized administration, and conducted in accordance with its comprehensive arbitration rules then in effect (the “Rules”). To the extent applicable under the Rules, the arbitrator shall entertain any demurrer, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion. The administrative costs of the arbitration, including fees of the arbitrator, shall initially be split equally between the parties; provided, however, that the arbitrator may, in his or her discretion, allocate such costs in favor of any prevailing party. The arbitrator shall issue a written award supported by a statement of decision setting forth the arbitrator’s complete determination of the Dispute and the factual findings and legal conclusions relevant to it (the “Award”). The Award shall be final and binding on the Parties, and judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. By using the Services, you irrevocably submit to the personal jurisdiction and venue of a court of competent jurisdiction in Osaka, Japan for any purpose permitted under these Terms.
26.Governing Law
Any disputes, claims, actions, suits or other proceedings arising or related to the Services provided under these Terms, and all obligations and interpretation of these Terms, shall be governed by, and construed in accordance with, the substantive law of Japan without giving effect to the principles thereof with respect to conflicts of law, and the Parties exclude the application of the 1980 United Nations Convention on Contracts for the International Sale of Goods if otherwise applicable.
(a) Injunctive Relief. The foregoing provisions of Section 26 and this Section 27 will not apply to any legal action taken by USJ to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the services, any Content, your User Content and/or USJ’s intellectual property rights (including such USJ may claim that may be in dispute), USJ’s operations, and/or USJ’s products or services.
(b) Member Disputes. You are solely responsible for any interaction with other members or visitors to the services, and USJ reserves the right, but shall have no obligation, to monitor disputes between you and any other member of USJ.
27.General
(a) No Waiver. No failure or delay by USJ in exercising any right, power or privilege under these Terms Of Service will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms Of Service.
(b) Severability. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms Of Service will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.
(c) Paragraph and Section Titles are For Your Convenience. The paragraph or section titles in these Terms Of Service are for convenience only and have no legal or contractual effect.
(d) This is the Entire Agreement. These Terms Of Service represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged.
(f) Assignment. These Terms Of Service are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without USJ’s prior written consent.
(g) Connectivity. You are responsible for obtaining and maintaining all devices and other equipment and software, and all other services needed for your access to and use of the online service and you will be responsible for all charges related to them.
28.Terms Applicable For Apple iOS
If you are accessing or using the services through an Apple device, the following additional terms and conditions are applicable to you and are incorporated into the Terms Of Service by this reference:
(a) To the extent that you are accessing these services through an Apple device, you acknowledge that these Terms Of Service are entered into between you and USJ and, that Apple, Inc. (“Apple”) is not a party to these Terms Of Service other than as third-party beneficiary as contemplated below.
(b) The license granted to you in Section 2 of these Terms Of Service is subject to the permitted Usage Rules set forth in the App Store Terms (see: http://www.apple.com/legal/itunes/us/terms.html ) and any third-party terms of agreement applicable to the services.
(c) You acknowledge that USJ, and not Apple, is responsible for providing the services and Content thereof.
(d) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the services.
(e) To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the services.
(f) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms Of Service, you acknowledge that, solely as between Apple and USJ, USJ and not Apple is responsible for addressing any claims you may have relating to the services, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. As set forth under these Terms Of Service in Sections 12, 13 and 14, USJ’s liability to you for use of the services is greatly limited.
(g) Further, you agree that if the services, or your possession and use of the services, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(h) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms Of Service, and that, upon your acceptance of the terms and conditions of these Terms Of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms Of Service against you as a third-party beneficiary thereof.
(i) When using the services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the services.
CR23-1272
Last updated 1/25/2023