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免責事項(テレビジャパン TERMS OF USE)

 

Effective: May 15, 2014

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Access to and use of the website, www.tvjapan.net,   (the "website" or “Site”) is provided by and operated by NHK Cosmomedia America, Inc. d/b/a TV JAPAN ("TV JAPAN", "we", "our", or "us"). The following terms and conditions ("Terms of Use" or “Agreement”) apply to your access to, and use of the Site and the services we offer on the Site ("Services"). You agree with these Terms of Use and with the terms of our Privacy Policy when you use our Sites.  If you do not agree with these Terms of Use, do not use the Services. You acknowledge that you are entering into a binding agreement with TV JAPAN and acknowledge that you intend to be bound by these Terms of Use and the Privacy Policy for each instance of access or use of the Services.

If you do not agree with these Terms of Use or with our Privacy Policy, DO NOT USE the Services. Using the Services signifies your confirmation that you have read, understood and agreed to all its terms and conditions.

Modification of Terms of Use)

TV JAPAN reserves the right to revise these Terms of Use or to change or modify or otherwise alter any features of this Site from time to time in its sole discretion for any purpose and without prior notice. TV JAPAN will notify you of material changes by posting a prominent announcement on the Site or by use of the Services. You should visit this page regularly and review this Agreement for the current terms and conditions of this Agreement, since your continued access or use of the website will be deemed as an irrevocable acceptance of any such changes, modifications or alterations. Areas of this website within the proprietary online service offered by TV JAPAN may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Any such terms will not vary or replace the terms of this Agreement regarding any use of this website, unless otherwise expressly stated.

Services)

From time to time, we offer sweepstakes or rebate/referral programs for which you can apply on the Site. We may post additional rules that apply to discrete Services available on the Site for subscribers and non-subscribers as the case may be.

Limitation on the Use of the Services)

This website is designed for and targeted to adults. It is intended solely and exclusively for residents of the United States of America (“U.S.”) and Canada their respective territories and possessions who are at least 18 years of age or older. In order to use and access the features and services provided by this website you must be 18 years of age or older (or whatever the applicable age of majority (legal adulthood) is where you are located), and a resident of the U.S. or Canada. If you are not 18 years of age or if you are not an adult, or if you do not reside in the U.S. or Canada, please stop and discontinue your use of this website. To use our Site including, without limitation, any Services, you must be and hereby represent and warrant that you: (i) are a resident of the United States or Canada, their respective territories or possessions, (ii) are at least eighteen (18) years of age and a legal adult having the authority to create a binding legal obligation, and (iii) will provide accurate personal information. You may not authorize minors to access our Site or use our Services.

 

Membership/Registration)

To be eligible to access the TV JAPAN Membership site, you must comply with all of the terms and conditions of this Agreement and the TVJAPAN Privacy Policy [link].

You may register for an account as a TV JAPAN Member on our website by completing and submitting the account registration form on our website {LINK}, and clicking on the verification link in the email that the website will send to you. You may not use any other person's account to access the website, unless you have that person's express permission to do so.

User IDs and passwords: If you register for an account as a TV JAPAN Member you will be asked to choose a user ID and password. Your user ID must not be liable to mislead and must comply with the content rules set out in this Agreement; you must not use your account or user ID for or in connection with the impersonation of any other person.

You must keep your password confidential. You must notify us in writing immediately if you become aware of any disclosure of your password. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

 

Cancellation and suspension of account)

We may:

(a) suspend your account;

(b) cancel your account; and/or

(c) edit your account details,

 

at any time in our sole discretion without notice or explanation. You may cancel your account by accessing “MEMBERSHIP Registration Page of the Site”. In accessing TV JAPAN Member Service in this website or certain of the resources on the website, you may be asked to provide registration details including a valid e-mail address, date of birth and your full name. It is a condition of use of this website that all the details you provide will be correct, current, and complete. If we believe the details are not correct, current, or complete, we have the right to refuse your access to the website or any of its resources or Services.

Intellectual Property Rights)

The content on and the technology to run the Site are proprietary to TV JAPAN and its third party providers. "Intellectual Property" means all intellectual property rights including without limitation trade names, trademarks, service marks, logos, patents, copyrights, domain names, other distinctive brand elements, trade secrets, video rights, photography or image rights, graphics, text, images, audio, video, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, all copyrightable material (including source and object code), and the design, structure, "look and feel" and arrangement of each such content provided by TV JAPAN and by its third party content providers on the Site whether registered, owned, controlled or licensed by or to TV JAPAN.  You agree that you will not use the Intellectual Property in any way whatsoever except for use in compliance with these Terms of Use and all applicable laws, rules and regulations. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Intellectual Property in any manner, and you shall not exploit the Intellectual Property in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

Your use of the Site must not infringe any Intellectual Property rights of TV JAPAN or any third party; and therefore, you may not, among other things, sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use the Intellectual Property in any way for any public or commercial purpose without prior written consent of TV JAPAN.

 

Infringement)

If you believe that any content appearing on this website has been copied in a way that constitutes copyright infringement under the laws of the U.S. (if you are a resident of the U.S.) or Canada (if you are a resident of Canada), please forward the following information as set forth below:

a) Your name, address, telephone number, and email address;
b) A description of the copyrighted work that you claim has been infringed;
c) The exact URL or a description of where the alleged infringing material is located;
d) 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;
e) An electronic or physical signature of the person authorized to act on behalf of the owner  
    of the copyright interest; and
f) 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.

 

Forward Address

NHK Cosmomedia America Inc.100 Broadway 15th Fl., New York, NY 10005

Attention: TV JAPAN WEBSITE

Limitation on Use of the Site)

You shall use the Site only for the purposes and in the manner expressly permitted by these Terms of Use and in accordance with all applicable laws, rules and regulations. Any use of the Site for commercial purpose is a breach of our Agreement and these Terms of Use, and will be prosecuted to the fullest limits of the law by TV JAPAN. You agree not to or allow others to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of other users to any other entities that provide the same or similar services as TV JAPAN.

You agree not to, and not to enable others to: (i) use the Site in a manner that violates, misappropriates, or infringes the Intellectual Property of TV JAPAN or any third party, in the content and materials that may be included on the Site; (ii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code, modify, decrypt, or create derivative works of TV JAPAN or provided by TV JAPAN, or any part thereof except as and only to the extent any foregoing restriction is prohibited by applicable laws and except as expressly permitted under this Agreement; (iii) use any robot, spider, scraper or other automated means to access the Site for any purpose without TV JAPAN's express written permission; (iv) take any action that imposes or may impose, as determined in TV JAPAN's sole discretion, an unreasonable or disproportionately large load on TV JAPAN's infrastructure; (v) copy, reproduce, modify, create derivative works from, distribute, or publicly display any TV JAPAN and/or third party content and other users' content (other than your content) from the Site, any software code that is part of the Site, or any Services that are offered on the Site without the prior express written permission of TV JAPAN and the appropriate third parties, as applicable; (vi) interfere or attempt to interfere with the proper operation of the Site or any activities conducted on the Site in any manner; (vii) bypass any measures TV JAPAN may use to prevent or restrict access to the Site; (viii) transmit spam, chain letters, or other unsolicited communications through or to the Site; (ix) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (x) upload invalid data, viruses, defects, Trojan horses, malware, or any other items of a destructive nature that may harm or interfere with the operation of the networks, servers, or other infrastructure of TV JAPAN, or any third-parties; (xi) collect or harvest any personally identifiable information, including without limitations personal data of other users, from the Site; (xii) access any content on the Site through any technology or means other than those provided or authorized by this Agreement; or (xiii) directly or indirectly, advertise or promote another website, product, or service or solicit visitors and other users, for other websites, products or services.

Licenses)

Subject to and conditioned on compliance with the terms and conditions in these Terms of Use, TV JAPAN grants to you a personal, limited, revocable, non-transferable, non-assignable, non- exclusive license to access and to use the content of the Site solely for personal, non-commercial purposes. Except as expressly stated above, nothing in our Agreement and these Terms of Use confers any other licenses to you to the Intellectual Property of TV JAPAN or any third party, whether by estoppels, implication or otherwise. You grant TV JAPAN a worldwide, irrevocable, exclusive license to use any content or posts you may place on the Site. TV JAPAN is not responsible for the use of your content by other users or for redistribution of your content.

Third Party Sites)

You may be able to access third party sites through links from the Site. TV JAPAN neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on the Site by anyone other than authorized TV JAPAN employees acting in their official capacities, or contained in any third party websites you can access through a link from TV JAPAN. Such links to third-party websites, services, or resources are provided solely as a convenience to you. You acknowledge and agree that TV JAPAN is neither responsible nor liable for: (i) the availability or accuracy of such sites, services, or resources; or (ii) the content, advertising, or products on or available from such sites, services, or resources. The inclusion of any link on TV JAPAN does not imply that TV JAPAN endorses the linked site. You use these links and services at your own risk.

 

Conduct)
(a) Please act responsibly when using this website. You may only use this website and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this website. 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 website is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by TV JAPAN) or privately transmitted on or through this website are the sole responsibility of the sender, not TV JAPAN, and that you are responsible for all material you upload, post or otherwise transmit to or through this website.

 

(b) TV JAPAN requires that you do not submit any Invited Submissions or Postings or otherwise make available on this website any content, or act in a way, which in our opinion: 
(i) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; (ii) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; 
(iii) infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity; (iv) violates any law or may be considered to violate any law; (v) you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement); 
(vi) advocates or promotes illegal activity; (vii) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; (viii) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this website; (ix) solicits funds, advertisers or sponsors; (x) includes programs which contain viruses, worms and/or "Trojan horses" or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;(xi) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the website;(xii) copies any other pages or images on this website except with appropriate authority; (xiii) includes MP3 format files; (xiv) amounts to a "pyramid" or similar scheme; (xv) amounts to "data warehousing" (i.e., using any web space made available to you as storage for large files which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us; (xvi) disobeys any policy or regulations established from time to time regarding use of this website or any networks connected to this website; or (xvii) contains links to other sites that contain the kind of content, which falls within the descriptions set out at (i) to (xvi) above. 

(c) In addition, unless otherwise permitted by TV JAPAN, you are prohibited from removing any sponsorship banners, similar promotional displays and inserts or other material inserted by TV JAPAN anywhere on this website (e.g. on any web space made available for your use). 

Posts & Submissions) 
(a) TV JAPAN does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, or other potential content. This is to avoid the possibility of future misunderstanding when projects developed by TV JAPAN staff or representatives might seem to others to be similar to the submitted concepts, creative ideas, suggestions, stories or other potential content. Therefore, please do not send TV JAPAN any unsolicited submissions.

(b) From time to time, areas on this website may expressly request submissions of concepts, creative ideas, suggestions, stories, or other potential content from you ("Invited Submissions"). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this website to govern the Invited Submissions ("Additional Terms"), since they will affect your legal rights. If no Additional Terms govern the Invited Submissions, then this Agreement will apply in full to any Invited Submissions you make. Please also be aware that any Invited Submissions you may make will not be acknowledged and does not create a fiduciary or other special relationship between you and TV JAPAN, or any of its affiliates or any of its licensees, successors or assigns or place TV JAPAN or any of its affiliates, licensees, successors or assigns in a position that is any different from the position held by members of the general public. You acknowledge and agree that neither TV JAPAN nor any of its licensees, successors or assigns has now, or shall have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to your Invited Submissions, and that TV JAPAN and its licensees, successors or assigns are not responsible for the loss, deletion, failure to store or misdelivery of any Invited Submissions.

(c) To the extent that use of the website provides you or other users an opportunity to post and exchange information, content, ideas and opinions (“Postings”), be advised that TV JAPAN does not screen, edit, or review Postings prior to their appearance on the website or elsewhere, and Postings do not necessarily reflect the views of TV JAPAN. To the fullest extent permitted by applicable laws, TV JAPAN excludes all responsibility and liability for the Postings or for any losses or expenses resulting from their use and/or appearance on the website or elsewhere. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material, content and information they contain and that such Postings shall not infringe any proprietary right, intellectual property right or other rights of third parties.

(d) In any event, no material you send to us will be treated as confidential. 

Content Submitted) 
(a) TV JAPAN will consider anything you provide to TV JAPAN and/or contribute to this website as available for our use free of any obligations to you, except where we have expressly solicited Invited Submissions and those submissions are expressly governed by additional terms appearing elsewhere on this website (see "Submissions and Postings" above), in which event those Additional Terms will determine how we will treat your Invited Submissions. 

(b) Subject to the provisions of any additional terms, by posting or uploading any content to this website and/or providing any communication or material to TV JAPAN ("User Content"), you automatically and irrevocably: 

(i) grant and assign to TV JAPAN any and all rights in the User Content throughout the world including, without limitation, all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by TV JAPAN and/or by any person authorized by TV JAPAN, by any means and in all media now known or hereafter devised, in whole or in part, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (ii) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (iii) appoint TV JAPAN as your agent with full power to enter into any document and/or do any act TV JAPAN may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (iv) warrant that you are the owner of the User Content and entitled to enter into this Agreement; and (v) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that TV JAPAN shall not be liable for any use or disclosure of such User Content. 

Monitoring)

TV JAPAN shall have the right, but not the obligation, to monitor any Invited Submissions, Postings or other material on TVJapan.com. TV JAPAN shall have the right in its sole discretion to edit, refuse to post or remove any material submitted or posted to TVJapan.com. Without limiting the foregoing, TV JAPAN shall have the right to remove any material that TV JAPAN, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable.

Termination of Registration)

You may deactivate your registration on the website, at any time and for any reason, by accessing Membership Registration Page  or Contact TV JAPAN Customer Service Center (1-877-885-2726). You can also send Inquiry Form to request unsubscribe promotional e-mail from us. We may terminate your use of and registration on the website, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

Warranty Disclaimer)

YOU USE THIS WEBSITE AT YOUR OWN RISK. THE SITE AND THE MATERIALS, DATA, INFORMATION, SOFTWARE, FACILITIES AND SERVICES PROVIDED BY TV JAPAN ARE PROVIDED "AS IS," AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TV JAPANDISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). TV JAPAN MAKES NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF TV JAPAN CONTENT, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE SITE BY ANY THIRD PARTY. TV JAPAN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TV JAPAN 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 IN THIS WEBSITE OR ANY SITES LINKED TO THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TV JAPAN MAKES NO WARRANTIES THAT YOU USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THIS WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND TV JAPAN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THIS 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.

Limitation of Liability)

IN NO EVENT SHALL TV JAPAN, ITS SHAREHOLDERS, AFFILIATES OR ASSIGNS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO ANY VISTIOR OR USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE TV JAPAN CONTENT AND OTHER INFORMATION CONTAINED THEREIN OR THESE TERMS OF USE. FOR ANY ACTION OR CLAIM RELATED TO THE SITE, THIS AGREEMENT OR THESE TERMS OF USE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, TV JAPAN'S LIABILITY SHALL NOT EXCEED FIVE HUNDRED U.S. DOLLARS ($500.00 U.S.). SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY.

Indemnity)

You shall, to the maximum extent permitted by applicable law, indemnify, defend, assume liability for, and hold harmless TV JAPAN, its shareholders, affiliates, successors and assigns, and their respective directors, officers, employees, independent contractors, representatives and agents ("TV JAPAN Indemnified Parties") from all claims, actions, suits, penalties and fines issued by government, obligations, losses, liabilities, damages, judgments, settlements, expenses and costs arising out of or relating to: (1) your breach of any obligations, covenants, representations or warranties in these Terms of Use; and (2) your infringement of the Intellectual Property of TV JAPAN or any third party, and you shall reimburse the TV JAPAN Indemnified Parties for all losses suffered and actual out-of-pocket expenses incurred by the TV JAPAN Indemnified Parties, including without limitation, costs, disbursements, fees, expert fees and reasonable legal fees the TV JAPAN Indemnified Parties incur in investigating, responding to or defending the Claims. In no event you shall enter into any settlement or like agreement with a third party that affects TV JAPAN Indemnified Parties' rights or binds TV JAPAN Indemnified Parties in any manner, without the prior written consent of TV JAPAN Indemnified Parties. TV JAPAN agrees to notify you of claims, actions, suits, penalties and fines issued by government, obligations, losses, liabilities, damages, judgments, settlements. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Jurisdiction)

This website is intended for viewing in the U.S and Canada only. TV JAPAN makes no representation that materials or other content in the website are appropriate or available for use outside the U.S. (for U.S residents) and Canada (for Canadian residents).  If you choose to access the website from other locations, you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the U.S. (if you are a U.S. resident) and Canada (if you are a Canadian resident)

 

Severability)
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.


Arbitration and Claims
)

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

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

Contact TV JAPAN)

You can contact us at TV JAPAN Customer Service Center (1-877-885-2726) or write to us at:

NHK Cosmomedia America, Inc. 100 Broadway, 15th Floor New York, New York 10005

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