Introduction
These terms of use (“Terms of Use”) set out the legal terms and conditions which govern your access and use of the website www.thejapaninvestor.com(“Website”) operated by The Japan Investor (“TJI”, “Us”, “We”). By continuing to access, link or use the Website,or any service on this Website (“Services”) you agree that you have read, understand and agree to be bound by the Terms of Use, incorporating the Privacy Policy and the Cookie Policy (collectively the “Agreement”).
For the avoidance of doubt “Services” do not include any services provided by Third-Party Sites, linked through the Website.
Services and Availability
You may use the Website and Services to access news and information, job-postings and analysis. You may also use the Website and Services to access links to third party news,information and analysis as well as third-party job postings.
We use our best efforts to maintain, update and upgrade the Services and the Website. As such, you acknowledge and accept that the Website and Services are provided to you to be accessed and used by you on an “as is” basis. We reserve the right to modify, suspend, replace, withdraw access to or discontinue the Website, wholly or partially, at any time at our sole discretion, without notice.
Amendments to Agreement
We may from time to time amend or update the Agreement for various reasons, including for the purposes of adapting the Agreement to changes to the Services or changes to applicable laws and regulations. Anytime We revise the Agreement We will communicate such changes on the Website. By continuing to use the Services after such change you signify your acceptance of the revised Agreement.
Links to Third-Party Sites
As part of the Services, We may make available links to certain third-party websites, including links to news articles and analysis and job listings (“Third-Party Sites”). Because We do not maintain or control Third Party Sites or the content, services or goods offered through them, you acknowledge and accept that (1) We are not responsible for and do not endorse the content on such Third Party Sites, including advertising and information about third-party products and services, job-listings or employer, (2) We make no representation, warranty or guarantee regarding the availability, accuracy, completeness or suitability of content, services or information on such Third-Party Sites, and (3) We assume no responsibility for offensive, inaccurate, misleading, unsuitable, inappropriate or unlawful content or services on such Third-Party Sites.
Our Terms of Use do not apply to or govern your use of Third-Party Sites. If you access such Third-Party Sites, you do so entirely at your own risk.
No Professional Advice
None of the Services, information, data or other material available on or through our Website constitutes career, investment, employment or other professional advice or recommendation.
User Guidelines and Restrictions
You may not use the Services for an illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with the Agreement. In using the Services you agree to comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws and regulatory requirements.
You represent, warrant, and agree that you shall not:
- Use the Services other than for your own non-commercial use and benefit and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity;
- Use the services unless you are aged 16 or older or aged 13 or older and have parental consent;
- Use, transfer, distribute or disposeof any information contained in the Services in any manner that could compete with the business of TJI;
- Except as expressly permitted by TJI in writing, copy, distribute or disclose to any party any of the Services in any medium;
- Interfere, nor attempt to interfere or otherwise disrupt the proper working of the Services;
- Obtain, nor attempt to obtain through any means any material or information on the Services that has not intentionally been made publicly available on or through the Services;
- Violate the security of the Services or attempt to gain unauthorised access to the Services, data, or information associated with the Services;
- Take, or attempt any action that, at the sole discretion of TJI, imposes or may impose an unreasonable or disproportionately large load or burden on the Services or the infrastructure of the Services;
- Use or attempt to use any “scraper”, “robot”, “bot”, “data mining”, “computer code” or any other automated device, tool, algorithm, process or methodology to access, acquire, copy or monitor any part of the Services or any data or content found on or accessed through the Services;
- Adapt, modify, or create derivative works based on the Services;
- Transmit or upload any virus, worm, Trojan horse, time bomb spyware or other harmful computer code, file or programme through the Services.
The Japan Investor Intellectual Property
You acquire no rights or licences in or to the Services or the materials contained within the Services other than the limited rights to use the Services in accordance with the Terms of Use. Should you choose to downloadoriginal TJI content from the Services you must do so in accordance with the Terms of Use. Such download is licensed to you by TJI only for your personal, non-commercial use, in accordance with the Terms of Use and does not transfer any other rights to you. You acquire absolutely no rights whatsoever from TJI in relation content accessed through links to Third-Party Sites and must refer directly to the Third-Party Sites in relation to any rights or licences you acquire in their content.
TJI owns and retains all proprietary and intellectual property rights in the Services. You are not permitted to use our trademark or logo without our prior written consent.
Disclaimer and Limitation of Liability
By using the Services, or the information, data, or materials provided on the Website, you acknowledge and agree to this disclaimer. While TJIuses best efforts to provide reliable services, information, and content, the Services from TJI are provided on an "as available" and "as-is," basis and may include errors, omissions, or other inaccuracies.
TJI specifically disclaims any warranties, express or implied, including, without limitation, the warranties of non-infringement, merchantability, accuracy and suitability for a particular purpose and any warranties that may arise due to course of performance.
TJI makes no warranty that: (1) the Services will be available on an uninterrupted, timely, secure, or error-free basis; (2) the Services will meet your requirements; or (3) the search results that may be obtained from the use of the Services are accurate or reliable. You also acknowledge and agree that the operation of the Website is dependent upon the proper and effective functioning of the internet and other third party equipment and services, and We do not guarantee and will not be liable for these in any way.
To the extent permitted by applicable law, TJI will in no event by liable to you for any damages, whether special, punitive, incidental, exemplary or indirect or for “lost profits”, regardless of the theory of liability (including, without limitation, contract, negligence or tort). If you are dissatisfied or harmed by us you may cease use of the Services, and such cessation shall be your sole an exclusive remedy.
Indemnity
You agree to defend, indemnify and hold harmless TJI and its officers, employees, partners and directors from any loss, liability, claim, injury, damage, demand or expense relating to or arising from your breach of any provision of the Agreement or your use of the Services.
Governing Law and Jurisdiction
The Agreement is governed and supplemented by Cyprus law. Any conflict between you and TJI will be subject to the jurisdiction of Cyprus courts applying Cyprus law.
Miscellaneous
The Agreement is personal to you and you may not assign your rights under this agreement without TJI’swritten consent. Failure by TJI to insist on strict performance of any of the terms and conditions of the Agreement will not operate as a waiver of TJI’s rights under the Agreement. If any provision of the Agreement is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account with an applicable regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein. The Agreement represents the entire agreement between you and TJI and supersedes all prior understandings, statements, or representations.