Terms of Use & Disclaimer
JapanVisitor.com is a subsidiary of Soccerphile
Ltd.
The Site is operated by Soccerphile Ltd (referred to herein as "we",
"us", or "our").
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS SITE.
By using this site, you signify your agreement to these Terms of Use
of this Site.
If you do not agree to these terms of use please do not use the site.
We reserve the right, at our discretion, to change, modify, add, or remove
portions of these terms at any time.
Your continued use of this site following the posting of changes to these
terms will mean you accept those changes.
Restrictions
All materials contained in this site are the copyrighted property of
Soccerphile Ltd and/or third party licensors. All trademarks, service
marks, and trade names are proprietary to Soccerphile. No material from
this site or any Internet site owned, operated, licensed, or controlled
by us or our affiliates may be copied, reproduced, republished, uploaded,
posted, transmitted, or distributed in any way, except that you may download
one copy of the materials on any single computer for your personal, non-commercial
use only, provided that (i) you keep intact all copyright and other proprietary
notices, (ii) you make no modifications to the materials, (iii) you do
not use the materials in a manner that suggests an association with any
of our products, services, or brands, and (iv) you do not download quantities
of materials to a database that can be used to avoid future downloads
from the Site. For purposes of these terms, the use of any such material
on any other Web site or computer environment is prohibited. All trademarks,
service marks and trade names are proprietary to us.
Submissions
If, at our request, you send certain specific submissions (e.g., postings
to discussion boards, or contests) or, despite our request that you not
send us any other creative materials, you send us creative suggestions,
ideas, notes, drawings, concepts, or other information (collectively,
the "Submissions"), the Submissions shall be deemed, and shall
remain, our property. None of the Submissions shall be subject to any
obligation of confidence on our part and we shall not be liable for any
use or disclosure of any Submissions. Without limitation of the foregoing,
we shall exclusively own all now known or hereafter existing rights to
the Submissions of every kind and nature throughout the universe and shall
be entitled to unrestricted use of the Submissions for any purpose whatsoever,
commercial or otherwise, without compensation to the provider of the Submissions.
Forums
"Forum" means a chat area, discussion board, or e-mail function
offered as part of this site.
It is our policy to respect the privacy of all customers. We will not
monitor, edit, or disclose the contents of a customer's e-mail unless
(a) you authorise us to do so, (b) we must do so in order to resolve technical
problems on our site; or (c) unless required to do so by law or in the
good-faith belief that such action is necessary to: (1) comply with the
law or comply with legal process served on us; (2) protect and defend
our rights or property; or (3) act in an emergency to protect the safety
of our customers or the public. Customers shall remain solely responsible
for the content of their messages.
We reserve the right to remove or edit content from any Forum at any
time and for any reason.
By uploading materials to any Forum or submitting any materials to us,
you automatically grant (or warrant that the owner of such materials expressly
granted) us a perpetual, royalty-free, irrevocable, non-exclusive right
and license to use, reproduce, modify, adapt, publish, translate, publicly
perform and display, create derivative works from and distribute such
materials or incorporate such materials into any form, medium, or technology
now known or later developed throughout the universe. In addition, you
warrant that all so-called "moral rights" in those materials
have been waived.
We cannot be responsible for the content or accuracy of any information.
Links to other sites
You should be aware that when using the Site, you may be directed to
other sites that are beyond our control. There are links to other sites
from the Site's pages that take you outside our service.
This includes links from advertisers, sponsors and partners that may use
our logo(s) as part of a co-branding agreement. These other sites may
send their own cookies to users, collect data, solicit personal information,
or contain information that you may find inappropriate or offensive. In
addition, advertisers on the Sites may send cookies to users that we do
not control.
We cannot be held responsible for the accuracy, copyright compliance,
legality or decency of material contained in sites listed in our search
results or otherwise linked to the Site.
We cannot guarantee the security of any information you disclose online
and you do so at your own risk.
Disclaimer
THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY
KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE MATERIALS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH
MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE
DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU.
Soccerphile Ltd (henceforth 'we') explicitly disclaim any responsibility
for the accuracy, content, or availability of information found on sites
that link to or from the Site. We cannot ensure that you will be satisfied
with any products or services that you purchase from a third-party site
that links to or from the Site or third party content on our sites. We
do not endorse any of the merchandise, nor have we taken any steps to
confirm the accuracy or reliability of, any of the information contained
in such third-party sites or content. We do not make any representations
or warranties as to the security of any information (including, without
limitation, credit card and other personal information) you might be requested
to give any third party, and you hereby irrevocably waive any claim against
us with respect to such sites and third party content. We strongly encourage
you to make whatever investigation you feel necessary or appropriate before
proceeding with any online or offline transaction with any of these third
parties.
Search is a free service offered by us. The World Wide Web changes constantly,
so no search engine technology can possibly have all accessible sites
at any given time. In addition, we explicitly disclaim any responsibility
for the content or availability of information contained in our search
facility.
You are entirely responsible for maintaining the confidentiality of your
password and membership account and for all activities that occur under
your account. You hereby indemnify, defend and hold us and our affiliates
and our officers, directors, owners, agents, information providers, affiliates,
licensers and licensees (collectively, the "Indemnified Parties")
harmless from and against any and all liability and costs (including reasonable
attorneys fees) incurred by the Indemnified Parties in connection with
any claim arising out of any breach by you of this Agreement or claims
arising from your account. You shall use your best efforts to cooperate
with us in the defence of any claim. We reserve the right, at our own
expense, to assume the exclusive defence and control of any matter otherwise
subject to indemnification by you.
Limitation of liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE
OR MATERIALS OR FUNCTIONS ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL
OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE),
OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE
SITE.
The Site is controlled and operated by Soccerphile Ltd and its affiliates
from its offices in the United Kingdom and Japan. We make no representation
that materials on the Site are appropriate or available for use in any
particular location. Those who choose to access the Site do so on their
own initiative and are responsible for compliance with local laws, if
and to the extent local laws are applicable.
These Terms are effective until terminated by either party. You may terminate
these terms at any time by discontinuing use of the Site and destroying
all materials obtained from the Sites and all related documentation and
all copies and installations thereof, whether made under the terms of
these terms or otherwise. These terms will terminate immediately without
notice from us if in our sole discretion you fail to comply with any term
or provision of these terms. Upon termination, you must cease use of Soccerphile
and destroy all materials obtained from the Site and all copies thereof,
whether made under the terms of these terms or otherwise.
These Terms shall be governed by and construed in accordance with the
laws of the United Kingdom, without giving effect to any principles of
conflicts of law. You agree that any action at law or in equity arising
out of or relating to these terms shall be filed only in the courts located
in London, United Kingdom and you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of litigating any such action.
If any provision of these terms shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these
terms and shall not affect the validity and enforceability of any remaining
provisions. This is the entire agreement between us relating to the subject
matter herein and shall not be modified except in writing, signed by both
parties.
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