UTokyo TV, the Website and the Materials (each as defined in Article 1) are provided to you (as defined in Article 1) by the University of Tokyo, a national university corporation (hereinafter referred to as “UTokyo”) under the following terms and conditions (hereinafter referred to as the “Terms”). Any use of UTokyo TV, the Website or the Materials other than as authorized under the Terms is prohibited.
Article 1 Definitions
“Compilation” means a compilation which constitutes an intellectual creation by reason of the selection or arrangement of its contents.
“Database Work” means a database which constitutes an intellectual creation by reason of the selection or systematic construction of information contained therein.
“Derivative Work” means a work created by translating, composing as a musical arrangement, reformulating, dramatizing, making into a cinematographic work, or otherwise adapting a pre-existing work.
“Original Author” means the author of any of the Materials, whether or not the author is a faculty member at UTokyo.
“Materials” means any and all materials provided by or through UTokyo TV.
“UTokyo TV” means the content services such as video-on-demand which are operated and provided by UTokyo under the name of UTokyo TV, and any subsequent services, including content delivery by linking or embedding in the Website, whether the services are provided in the Website, YouTube or any other third party hosting website.
“Website” means the website of UTokyo (http://todai.tv/) which provides UTokyo TV, or any subsequent website.
“You” or “your” means any user of the Website.
Article 2 Scope of Authorized Use
- You are authorized to browse and view the Materials provided by UTokyo TV anywhere in the world only for your personal, non-commercial and academic use.
- You may not use the Materials, in whole or in part, for any purpose other than those specified in the preceding clause. Such prohibited use includes but is not limited to the following:
- (i) copy or reproduction of the Materials, including download or scan, or production of a digital copy, print-out or the like of the Materials;
- (ii) distribution, sale, making available for transmission, or transmission of the Materials;
- (iii) transfer or assignment of the right, or grant of a license, to use the Materials to any other person or entity;
- (iv) inclusion of the Materials in the Compilation or the Database Work; or
- (v) creation or exploitation of the Derivative Work from the Materials.
- In addition to the prohibitions specified in the preceding clause, you may not do any of the following:
(i) alter, decompile, disassemble or reverse engineer any or all of software in connection with the provision of UTokyo TV, including analyzing and converting the software into a human readable format;
(ii) gain or cause any other person or entity to gain unauthorized access to UTokyo TV;
(iii) commit any act that would otherwise violate any law, regulation, order or public policy, or interfere with the operation of UTokyo TV (including any act that would defame, harass or otherwise cause harm to UTokyo TV);
(iv) commit any act that would infringe any right of any other person or entity, interfere with the use of UTokyo TV by any other person or entity, or otherwise cause any other person or entity trouble or problem (for the purposes of this item (iv), the term “any other person or entity” includes any other user of UTokyo TV); or
(v) act in any other manner or way that UTokyo deems inappropriate.
- You will, at your own risk and expense, set up all communications environment such as the internet and provide all equipment and devices that are necessary for you to access and use UTokyo TV. UTokyo will accept no liability for any interruption or delay that may occur to you using UTokyo TV due to your communications environment.
Article 3 Copyrights in Materials
The copyrights in the Website are owned by UTokyo and/or the respective Original Authors.
You may use UTokyo TV, the Materials and the Website only in ways that comply with the Terms and all applicable laws and regulations, including copyright laws of the relevant country or region.
Article 4 Disclaimer
While UTokyo and the Original Authors make every effort to assure the accuracy and completeness of the content of the Materials consistent with high academic standards, UTokyo and the Original Authors hereby disclaim all warranties of any kind, express or implied, regarding the accuracy, completeness, quality or fitness for a particular purpose of the Materials. UTokyo TV, the Website and the Materials are provided “as is”, and UTokyo and the Original Authors make no representation or warranty, express or implied, including but not limited to representation or warranty of technical availability (including the absence of bugs or other failure, or fitness for or compatibility with your devices, equipment or software), timeliness or continuity of provision of services, merchantability, fitness for a particular purpose, non-infringement, the absence of latent or other defects, accuracy, or the presence or absence of errors whether or not discoverable. UTokyo accepts no liability for the conformity of any of the Materials with any other materials. Further UTokyo makes no warranty that UTokyo TV, the Website or the Materials, or any use thereof does not or will not infringe any patent, copyright or other intellectual property rights, or any other rights including right to privacy or reputation of UTokyo or any other person or entity.
In no event shall UTokyo, its trustees, directors, officers, faculty, employees or other affiliates be liable for incidental, consequential or any other damages, including but not limited to economic damages, damage or injury to persons or property, or lost profits, regardless of whether UTokyo has been advised, knows or has reason to know of such damages.
However, the above provisions do not apply to any damages incurred by you resulting from UTokyo’s willful misconduct or gross negligence, if you fall under the definition of “Consumer” in the Consumer Contract Act of Japan.
Article 5 Alteration or Discontinuation
- The services of UTokyo TV and the Website may be supplemented, altered, deleted, suspended or discontinued due to system maintenance (whether regular or emergency), system failure or any other reason, without any prior notice.
- UTokyo accepts no liability for any loss or damage incurred by you resulting from such supplement, alteration, deletion, suspension or discontinuation as specified in the preceding clause.
Article 6 Miscellaneous
If any provision of the Terms is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the Terms, and without further action by the parties to the Terms, the invalid or unenforceable provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
Article 7 Governing Law and Jurisdiction
The Terms shall be governed by and construed in accordance with the laws of Japan. It is agreed that the Tokyo District Court shall have exclusive jurisdiction for the first instance over any dispute arising out of or in connection with the Terms.
Article 8 Notice
- UTokyo will, from time to time, notify you of any information as may be necessary for you, by posting notices on the Website or in any other manner that UTokyo deems appropriate.
- The notice specified in the preceding clause will become effective at the time when UTokyo uploads such notice on the server.
Article 9 Update of Terms
UTokyo reserves the right to modify, revise or otherwise update the Terms at its own discretion without your prior consent, in which case UTokyo will notify you of such modification, revision or update by posting the same on the Website.
We never collect personal information on individuals who access to UTokyo TV or answer questionnaires, unless the individuals voluntarily contribute their personal information such as by sending us their feedback.
However, we may use personal information provided by you, such as your email address or other contact information, for the purposes of notifying you of any change in UTokyo TV or collecting opinions from users about UTokyo TV. Further we may use personal information provided by you for the purposes of contacting you or processing your inquiries, or for our internal use to allow us to improve our services. Upon your request, we will delete or otherwise remove your contact information or other personal information from our file to the extent reasonable and necessary under applicable laws and regulations.
UTokyo TV will not disclose the contact information or other personal information of users, unless permitted by applicable law or regulation. Further UTokyo TV will not use such information for commercial or financial purposes.
In addition to the foregoing provisions, for the purposes of improving the website of UTokyo TV, investing the accesses to and the use of the materials offered by UTokyo TV, and assessing the influences of UTokyo TV on educational institutions in the world, we may collect anonymous information in the following cases:
l We may collect the information about your uses of and satisfaction with UTokyo TV via email from users or by other means. For the avoidance of doubt, users provide their contact information on a voluntary basis.
l We may use the anonymous session information in order to improve the website of UTokyo TV by analyzing such information with web analysis software embedded in the website of UTokyo TV.
If we disclose the information about the access to, or uses or influences of UTokyo TV, non-identifiable statistical information only will be disclosed. In such process, opinions from users may be cited. Even in this case, the name of any individual will not be disclosed unless permitted by that person.
UTokyo requests you to notify us via our contact page (http://todai.tv/contact-info) on the Website in accordance with the following procedures, should you believe that any portion of the Materials infringes any rights of any other person or entity. In such case, please be informed that you may be requested to subsequently send us a written notification with your signature by mail or fax.
When you contact us to do so, please ensure to include the following information:
l Identification that proves the claimant is either the owner of the copyright or other relevant right, or the owner’s agent;
l Identification of the copyrighted work that is claimed to be infringed (in case of copyright infringement);
l Identification of the material that is claimed to be infringing or to be the subject of infringing activity (please ensure to include sufficient information, such as a specific URL or other specific identification, to enable us to locate such infringing material); and
l Information to permit us to contact the claimant (e.g., email address, phone number).