TERMS OF SERVICE (Digital Content Sales Service)

Article 1 – Scope

These Terms of Service (hereinafter, “these TOS”) specify conditions of the provision of the Service (defined in Article 2), and the rights and duties of the Company (defined in Article 2) and the Digital Content Purchaser (hereinafter, “the DCP”). In order to use the Service, the DCP must read and consent to the TOS.

Article 2 – Definitions

The following terms used in the TOS are defined as follows.

• • (1) “The Company” refers to The Japan Times Publishing, Ltd.
  • (2) “The Service” refers to the digital content sales service operated by the Company.
  • (3) “Sales websites” refers to the website genki3.japantimes.co.jp/shop, the websites of its subdomains, and the websites of domains linked from the aforementioned websites.
  • (4) “Digital content” refers to the content provided by the Service through electronic means.
  • (5) “The DCP” refers to purchasers of the digital content sold through the Service.

Article 3 – Purchase of Digital Content

1. Refunds will not be provided for digital content purchased, except as specified in Article 9.
2. The Company will electronically deliver the digital content and notifications concerning it through either or both of the following means.
   • (1) Downloading from the sales websites
   • (2) Email sent to the email address notified to the Company by the DCP
3. The DCP is responsible for preparing the following environment for using the digital content.
   • (1) Software, hardware, and Internet connection necessary for digital content viewing, etc.
   • (2) Email account for receiving notifications from the Company.
4. The Company is not liable for nondelivery of digital content or notifications due to a reason related to the DCP, such as erroneous data entry by the DCP.
5. Payment of purchases of the digital content offered on the sales websites is processed by a means provided by the following business operators. The Company does not store credit card numbers.
   • (1) Credit card service provided on the sales websites
   • (2) PayPal Pte. Ltd.

Article 4 – Copyrights

The copyrights on digital content provided through the Service are held by the authors, illustrators, and the Company.

Article 5 – Scope of Use of Digital Content

1. The DCP may use the digital content as part of classes taught by the DCP (including online classes). In using the digital content, the DCP must abide by the usage scope and restrictions prescribed by these TOS and by those prescribed separately for each digital content title on product description pages of the sales websites.
2. When the digital content is used as part of classes taught by the DCP (including online classes), access to the digital content by students taking the classes must be restricted to the period during which the classes are provided.
3. The digital content may not be used on video streaming services or other media accessible by an unrestricted audience.

Article 6 – Prohibitions

• The DCP is prohibited from engaging in any of the following acts.
  • (1) Alteration, photocopying, reproduction, public display, or electronic transmission of the digital content without prior approval by the Company, excluding where otherwise provided for by the preceding article.
  • (2) Redistribution (transfer, sale, or loan) of digital content, or storage of digital content for such purposes.
  • (3) Storage of digital content on a server, etc. for use by more than one person.
  • (4) Acts that infringe upon the intellectual rights of the Company or third parties (including, but not limited to copyrights, design rights, utility model rights, trademarks, and patents).
  • (5) Acts that the Company deems as disadvantageous to it.
  • (6) Acts that contravene public order and morals, and laws.
  • (7) Others acts that the Company deems to be improper.

Article 7 – Response to Violations of TOS

The Company reserves the right to demand the DCP to provide compensation for damages in the event that violations of these TOS are discovered.

Article 8 – Suspension of Service

• The Company reserves the right to suspend the Service in any of the following cases.
  • (1) The system through which the Service is provided requires scheduled or emergency maintenance.
  • (2) An associated electronic delivery system, payment system, etc. is stopped or terminated.
  • (3) Other cases where the Company deems suspension of the Service to be necessary.

Article 9 – Response to Inaccessibility due to Company-related System Trouble

1. While the Company does its utmost to prevent system trouble, the DCP acknowledges that problems may occur.
2. In the event that purchase or delivery of digital content cannot be completed due to Company-related system trouble, the Company will respond by providing redelivery or a refund.

Article 10 – Modification and Termination of Service

1. The Company reserves the right to modify or terminate the Service for its own reasons.
2. In the event that the company decides to terminate the Service, it will provide advance notice.

Article 11 – Modification of TOS

The Company reserves the right to modify these TOS when it deems changes to be necessary.

Article 12 – Compensation for Damages

The Company is liable for compensation of damages incurred by the DCP due to a reason for which the company bears responsibility, limited to no more than the amount paid to the Company by the DCP.

Article 13 – Exclusion of Liability

1. The Company is not liable for any disadvantages or damages resulting from the use of digital content.
2. The Company is not liable for any disputes arising over the content of digital content.

Article 14 – Governing Law and Jurisdiction

1. These TOS are governed by the laws of Japan.
2. The Tokyo District Court is by consent the exclusive court of first instance for any lawsuits concerning these TOS.

Article 15 – Handling of Personal Information

For details on the handling of personal information, see the Privacy Policy prescribed separately.

June 1, 2021