Terms and Condition
Effective April 1, 2019
Section 3. 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.
Section 4. 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 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.. 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., 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, 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. If a parent or guardian becomes aware that his or her child (who is under 18) has provided us with information without their consent, he or she should contact us immediately. We will take necessary steps to delete such information from our files within a reasonable time.
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: tvjapanretailer.net (Website)
Section 10. Your 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 tvjapanretailer.net) or privately transmitted on or through this website are the sole responsibility of the sender, not tvjapanretailer.net, and that you are responsible for all material you upload, post or otherwise transmit to or through this website.
(b) tvjapanretailer.net 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 tvjapanretailer.net, you are prohibited from removing any sponsorship banners, similar promotional displays and inserts or other material inserted by tvjapanretailer.net anywhere on this website (e.g. on any web space made available for your use).
Section 11. Posts & Submissions. tvjapanretailer.net 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 tvjapanretailer.net 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 tvjapanretailer.net any unsolicited submissions. 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 tvjapanretailer.net, or any of its affiliates or any of its licensees, successors or assigns or place tvjapanretailer.net 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 tvjapanretailer.net 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 tvjapanretailer.net and its licensees, successors or assigns are not responsible for the loss, deletion, failure to store or misdelivery of any Invited Submissions. 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 tvjapanretailer.net 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 tvjapanretailer.net. To the fullest extent permitted by applicable laws, tvjapanretailer.net 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. In any event, no material you send to us will be treated as confidential.
Section 12. Content Submitted. tvjapanretailer.net will consider anything you provide to tvjapanretailer.net 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. 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 tvjapanretailer.net ("User Content"), you automatically and irrevocably: (i) grant and assign to tvjapanretailer.net 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 tvjapanretailer.net and/or by any person authorized by tvjapanretailer.net, 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 tvjapanretailer.net as your agent with full power to enter into any document and/or do any act tvjapanretailer.net 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 tvjapanretailer.net shall not be liable for any use or disclosure of such User Content.
Section 13. Monitoring. tvjapanretailer.net shall have the right, but not the obligation, to monitor any Invited Submissions, Postings or other material on tvjapanretailer.net. tvjapanretailer.net shall have the right in its sole discretion to edit, refuse to post or remove any material submitted or posted to tvjapanretailer.net. Without limiting the foregoing, tvjapanretailer.net shall have the right to remove any material that tvjapanretailer.net, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable.
Section 14. Disclaimer of Warranties, Limitation of Liability and Indemnity.
YOU ACKNOWLEDGE AND AGREE THAT USE AND ACCESS TO THE SERVICES AND tvjapanretailer.net ARE AT YOUR OWN RISK. THIS WEBSITE, ITS CONTENT, ITS FEATURES, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH ANY ACCESS POINT (COLLECTIVELY REFERRED FOR THE PURPOSE OF THIS SECTION AS THE “SITE”), AND ALL THE SERVICES PROVIDED BY tvjapanretailer.net ARE PROVIDED "AS IS," AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, tvjapanretailer.net DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, ASSURANCES 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). tvjapanretailer.net MAKES NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF THE SITE OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE SITE BY ANY THIRD PARTY. tvjapanretailer.net DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. tvjapanretailer.net DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR THE SITE OR ANY OTHER WEBSITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. tvjapanretailer.net MAKES NO WARRANTIES THAT YOU USE OF THE USE OF THE SERVICES OR THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND tvjapanretailer.net ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH SERVICES OR SITE. 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.
Section 15. Claims of Copyright Infringement. If you believe that any Content or other material provided through the Services or the Site, including through a link, infringes your copyright, you should notify us of your copyright infringement claim. You may contact us at 1-877-505-7733. We will process any notice of alleged infringement that we receive and take appropriate action in accordance with applicable intellectual property laws.
Section 17. General Information:
Trademarks. NHK Cosmomedia America, Inc. and tvjapanretailer.net, and other marks, graphics, logos, scripts, and sounds related to our company or the Site are trademarks of our company. None of the our company’s trademarks may be copied, downloaded, or otherwise exploited.
Jurisdiction. The site is intended for viewing in the U.S and Canada only. tvjapanretailer.net 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. We make no representation, warranty, covenant or assurances that materials or other content in the Site are appropriate or available for use outside the U.S. and Canada.
Choice of Law and Forum. These Terms are governed by, and construed in accordance with, the laws of the State of New York, USA, without giving effect to principles of conflicts of law. To the extent that the arbitration provision in Section 14 is not applicable (e.g., when confirming an arbitration award), you and us agree to submit to the exclusive jurisdiction of the courts located in the county of New York City, State of New York.
No Waiver/Reliance. If you see other parties violating these Terms, we would appreciate it if you would let us know through at 1-877-505-7733. How we respond to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon our precise response with respect to one party or one situation as any indication of what we might do with respect to another party or another situation, even if the parties or situations appear to you to be similar. Similarly, if we fail to act in response to a violation of these Terms, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, our decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy. Even if we act in a way that appears to you to be inconsistent with these Terms, our action shall not be deemed a waiver or constructive amendment of these Terms.
Contact. You can contact us at tvjapanretailer.net, Customer Service Center (1-877-505-7733) or write to us at: NHK Cosmomedia America, Inc. 100 Broadway, 15th Floor New York, New York 10005.