Terms of Services

MODERN TOKYO TIMES (“MTT”) TERMS OF SERVICES

PLEASE READ THESE TERMS OF SERVICES CAREFULLY BEFORE USING THIS WEBSITE INTRODUCTION


The Modern Tokyo Times (“MTT”) is an e-journal and interactive on-line service operated by White & Leejay Publishing (“White & Leejay”), whose primary mission is:

a. To provide alternative news analysis of past, present, and probable future events that will inform and equip individuals, groups and organizations to better realize their own goals;

b. To provide consulting services to those who need direct assistance in using the information to best promote their own mission and vision, whether it be in the fields of international cooperation and peacemaking, business, foreign investment analysis, human rights, green energy development, security, or any number of other related concerns.

These Terms of Services describe the terms and conditions under which you, the user (“User”), are granted the right to use the websites operated by White & Leejay Publishing (“White & Leejay”), the Modern Tokyo Times (“MTT”), and certain of MTT’s subsidiaries, including, but not limited to, this website (the “Websites”).

USER AGREEMENT

BY USING THIS WEBSITE YOU REPRESENT YOU ARE OF LEGAL AGE AND AGREE TO BE BOUND BY THESE TERMS OF SERVICES, AND ANY SUBSEQUENT MODIFICATIONS, AND THE OTHER POLICIES POSTED ON THE WEBSITES. Your use of this Website is contingent on the foregoing agreement, and if you do not agree, YOU MUST CEASE USING THIS WEBSITE. Your electronic acceptance of these Terms of Services and other posted policies through your use of this Website shall have the same force and effect as if you had actually signed an agreement embodying these terms. MTT may change these Terms of Services at any time by posting changes on this page of the Website. It is your responsibility to review these Terms of Services prior to each use of the Website. By continuing to use the Website, you agree to any such changes.

WEBSITE AND CONTENT

Website Availability

We may change, suspend or discontinue availability of any aspect of the Website at any time. We may also impose limits, registration requirements or fees on certain features or services or restrict your access to parts or the entire Website without notice or liability.

In addition, the Website contains links to other Internet sites, resources, and sponsors or advertisers on the Website. We are not responsible for the availability of these outside resources, or their contents, and accordingly, you should direct any concerns regarding any link or other website to the site administrator or webmaster of such site.

Copyright

All content on the Website is protected by copyright, and owned or controlled by White & Leejay Publishing and/or MTT, or the author or party accredited as the owner or provider of the content. You must abide by all copyright notices, information, or restrictions contained in any content accessed through the Website.

Links/Advertisements/Search Engines

The Website may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement or recommendation by the Website, or by White & Leejay, MTT, or its affiliates of these sites, but is for your reference and convenience only. We are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website. Linking to any other off-site pages or other sites is at your own risk and subject to the terms and conditions of use of those sites.

The Website also contains advertisements by third parties. Unless otherwise specifically stated on the Website, we do not endorse or make any representation or recommendation regarding the quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the Website.

Unless otherwise prohibited under these Terms of Services, you are permitted to create hyperlinks to the content on the Website (including “deep linking” to articles or pages within site), provided that (1) the hyperlink text accurately describes the content as it appears on the Website, as it relates to MTT’s Re-Publishing Policy, (2) no “scraping” of the content by any means (i.e., extracting content from the Website and reformatting it, aggregating it with other content or redistributing it other than in its complete originally displayed format), (3) under no circumstances may you “frame” the Website or any of its content or copy portions of the Website to a server, except as part of an Internet service provider’s incidental caching of pages and (4) each page within the Website must be displayed in full (including all author names, relevant links, trademarks, branding, advertising and promotional materials), unaltered without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Website. We reserve the right at any time in our sole discretion to revoke this permission generally, or your right to use specific links. If you have any questions regarding these linking policies you may contact us, or if you wish to link in a manner not authorized in these Terms of Services and/or our Re-Publishing Policy, you must get our prior written permission.

Search engines and indexing agents are required to obey the Robots.txt file relating to the Website and its contents.

SPECIAL NOTIFICAITONS WITH RESPECT TO CHINDREN’S PRIVACY (USERS UNDER THE AGE OF 13)


In response to concerns about protecting children’s privacy online, Congress enacted the Children’s Online Privacy Protection Act of 1998 (“COPPA”), which sets forth rules and procedures governing the ways in which web sites may collect, use and disclose any personal information for children under the age of 13.

In accordance with MTT policy and COPPA regulations, we DO NOT:

• Request or knowingly collect personally identifiable online or offline contact information from users under 13 years of age;
• Knowingly use or share personal information from users under 13 years of age with third parties;
• Give children the ability to publicly post or otherwise distribute personally identifiable contact information; or
• Entice children with the prospect of a special game, prize or other activity to divulge more information than is needed to participate in the activity.

USER CREATED CONTENT

Submissions

You must be at least 13 years old to contribute content to this Website.

By submitting any material (text, photos, videos or other content) to MTT either through the Website or physical delivery, you agree to be bound by these Terms of Services, and to the terms of this Website. It is your responsibility to review and understand these terms at the time of your submission.

Through your submission of any materials of any kind (whether text, photos, video or other content), you grant to MTT and its affiliates the irrevocable, nonexclusive, worldwide, royalty-free, fully paid-up, transferable and sub licensable right and license to host, index, cache, tag, encode, use, copy, modify, adapt, transmit, excerpt, remove, publish, distribute, publicly display and perform, and create derivative works of, in each case in any media now or hereafter known and in any manner for any non-commercial or commercial purpose (collectively “Use”) the content submitted by you with no monetary compensation at any time. By making any submission, you waive any moral rights you may have if the materials are changed in a manner not agreeable to you. MTT has no obligation to provide attribution for any content you post. If you do not agree to these terms, do not submit any content.

Nothing in these Terms of Services prohibits you from redistributing or selling your original content to other parties.

You are solely responsible for all content that you post, email or otherwise make available through the Website. For all content provided by you, you agree to indemnify White & Leejay, MTT, and its affiliates as provided in Legal Terms below.

Content Submission Rules and Restrictions

By submitting any content, you represent and warrant that: (i) you either own the content or have all necessary rights to use and submit it; (ii) all information you provide is true, accurate and complete, and does not violate these Terms of Services or the terms of any third party license; and, (iii) the content will not cause injury, embarrassment or harm to any person or entity.

You agree not to submit any content in any forums, chats, emails or otherwise that:

-is libelous, defamatory, obscene, pornographic, or otherwise illegal;
- is threatening, abusive or disruptive to other users (including without limitation repetitive, meaningless messages, personal attacks, content constituting spam, etc.)
-abuses or discriminates on the basis of race, religion, nationality, gender, sexual orientation, age, region, disability, etc.;
-infringes any party’s intellectual property rights, including without limitation copyrights and trademarks;
-impersonates another person or misquotes another person;
- violates any applicable law, or violates any party’s rights;
- transmits any User Content, software or other materials which contain a virus or other harmful or disruptive component;
-interferes with or disrupts MTT or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
-transmits any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
-reproduces, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of MTT, use of MTT, or access to MTT;
-transmits any User Content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by MTT, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on MTT; or
-offers or advertises any goods, or services or solicits any funds or consideration.

In addition, you agree not to contact any users of the Website (including through off-line communication) for the purpose of threatening, harassing or abusing them due to their content submissions on the Website.

You are solely responsible for the content you submit. MTT does not and cannot review every submission made and is not responsible for the content of any submissions. However, content that is deemed inappropriate or in violation of these Terms of Services, in MTT’s sole discretion, will be removed from public view. You may contact us if you disagree with any removal (see Contact Us below); however, all decisions regarding content and compliance with these Terms of Services will be determined by MTT in its sole discretion. If you disagree with these conditions, do not submit any content.

Identity and Privacy

You must use a bona fide legal first and last name, e-mail contact address, and/or authorized MTT account name for any submissions you make, and you may not submit content under another person’s name. If you are an elected official, ambassador, Chargé d’affaires, minister, senior diplomatic secretary and/or attaché of embassy mission, military officer, and/or have any other honorable or honorary title, you must submit content identifying yourself as such when posting about a political or economic issue. “Sock puppets” are not permitted (i.e., using a fake or alternate identity to post content for a deceptive purpose, such as without limitation, praising a person or company without disclosing an underlying affiliation with that person or company).

We reserve the right to include your real name on your internet postings if required through registration or otherwise provided to us, or when republishing your material in another on-line medium.

MTT does not warrant or claim to have verified the identity of any user. There may be users who participate under a false identity.

For information on our privacy policies regarding personal information gathered on the Website, please see our Privacy Policy link at the bottom of the page.

Real-world Meetings

The Website may offer some networking or social networking opportunities in the future, including enabling users to create profiles that are designed to allow individuals to meet each other for any purpose. In addition, any posting to the Website will be publicly viewable, and your identity may be discovered by other users. We cannot vouch for the safety of offline meetings of individuals you meet through the Website, and such meetings are held at your sole risk and liability. Furthermore, you are advised to be careful not to accidentally divulge personally identifying information about yourself, including but not limited to your telephone number(s), street addresses, URLs or email addresses publicly on the Website. If you do provide this information on the Website or to a third party who you met through the Website, it is at your sole risk. In addition, if you choose to submit content to the Website in an area that requires that your real identity be disclosed, you do so at your sole risk and liability.

WEBSITE REGISTRATION

Registration

Some areas of the Website may require registration in order to gain access or submit content. You may not create more than one account unless expressly permitted in the registration rules. If you create multiple accounts, you are prohibited from creating the appearance that multiple accounts controlled by you are in fact all different individuals.

Termination

You agree that at our sole discretion, and in our sole judgment, we or our agent may terminate your account at any time with or without cause.

Termination for cause may include, but is not limited to:

- Violations of these Terms of Services
- Violations of other posted rules of conduct
- Violations of law or intellectual property rights
- Harassment or belittling conduct toward individuals, companies or other third parties
- An expression of your unwillingness to abide by these terms and conditions or other clearly posted site rules
- Failure to abide by the instructions for guidelines of forum moderators, editors or other authorized members of the community to provide such moderation.
- Failure to provide real, verifiable information about your true identity where requested or instructed

Termination of a user’s account may include any of the following actions:

-A complete deletion (non recoverable) from all files, databases and any and all storage mechanism of the user’s files, uploads, content, and personally identifiable information. In such a case, neither MTT nor its affiliates, partners or vendors have any obligation to retrieve or restore deleted data, or otherwise make good in any fashion the loss of such data.
- User data, including without limitation submitted content, errant code or personal information, may also be hidden from public view, but not destroyed. In such a case, neither MTT nor its affiliates, partners or vendors are under any obligation to retrieve or restore such data.

Users who are terminated are prohibited from creating new accounts without prior written consent of MTT. Users who are terminated for cause may apply for a new account after more than 30 days has passed, and MTT will determine in its sole discretion whether to reinstate. Users may also appeal account termination by e-mailing legalsect@moderntokyotimes.com.

LEGAL TERMS

No Representations or Warranties as to Website

THE WEBSITE AND ALL CONTENT PROVIDED BY MTT OR ITS AFFILIATES, OR ITS THIRD PARTY PROVIDERS IS DISTRIBUTED ON AN “AS IS” BASIS. MTT AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES THAT OPERATION OF THE WEBSITE (OR SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE) WILL BE UNINTERRUPTED OR ERROR FREE AND DO NOT PROVIDE ANY WARRANTY AS TO THE USE, SUFFICIENCY OR ACCURACY OF ANY CONTENT. ALL WARRANTIES, CONDITIONS, REPRESEN¬TA¬TIONS, INDEMNITIES AND GUARANTEES AS TO PRODUCTS AND SERVICES PROVIDED BY MTT AND ITS AFFILIATES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATE¬MENTS BY MTT, ITS AFFILIATES, ITS AGENTS OR OTHERWISE (INCLUD¬ING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTIC¬ULAR PURPOSE, SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT) ARE HEREBY OVER¬RIDDEN, EXCLUDED AND DISCLAIMED.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL MTT OR ITS AFFILIATES (OR THEIR DIRECTORS, EMPLOYEES OR AGENTS) BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR LOST PROFITS OR LOST DATA, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING FROM YOUR USE OF THE WEBSITE, ANY APPLICATIONS AVAILABLE THROUGH THE WEBSITE, OR ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE. IN ADDITION, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MTT AND ITS AFFILIATES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE WEBSITE PRODUCT OR SERVICE ACCESSED BY YOU, BUT IN NO CASE WILL SUCH LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID BY YOU FOR THE WEBSITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM MTT OR ITS AFFILIATES, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE OF DELAWARE AND U.S. FEDERAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnity

You agree at your expense to indemnify and hold harmless, MTT and its affiliates and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, from any and all claims, suits, actions and investigations, and any costs, expenses, liabilities or damages therefrom (including attorneys’ fees and court costs) arising from or relating to any allegation regarding: (a) your use of the Website; (b) the Website’s or MTT or its affiliates’ use of any content or information you provide, as long as our use is not inconsistent with these Terms of Services; (c) information or material posted or transmitted through your registration account or user ID, even if not posted by you; and, (d) any violation of these Terms of Services by you (collectively “Claims”).

MTT reserves the right to select counsel and conduct the defense or settlement of any such Claim, which shall not relieve you of your obligation to indemnify as provided above.

Governing Law and Venue

The agreement regarding these Terms of Services has been made in and shall be construed and enforced in accordance with Delaware State law, USA, without regard to its principles of the conflicts of law. Any action to enforce this agreement shall be brought in the federal or state courts located in the State of Delaware, USA, and you hereby waive any objections to such action. Any cause of action you may have with respect to the Website or these Terms of Services must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.

Severability; Waiver

If any provision of these Terms of Services is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Services, which shall remain in full force and effect. No waiver of these Terms of Services shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Copyright Violations

Users are prohibited from uploading, posting or otherwise transmitting on the Website any materials that violate another party’s intellectual property rights. When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that any material on the Website infringes upon any copyright which you own or control, please notify us at legalsect@moderntokyotimes.com. (Please direct all general questions to info@moderntokyotimes.com.)

CONTACT US

General Questions:
If you have any questions about these Terms of Services, please contact us in one of the following ways:
E-mail us at: info@moderntokyotimes.com and insert only the words “Re: MTT Terms of Services” in the subject line header of the email.

COPYRIGHT OWNERSHIP

MTT contains copyrighted material, trademarks and other proprietary information, including, but not limited to, news articles, text, software, photos, video, graphics, music and sound, and the entire contents of MTT are copyrighted as a collective work under the United States copyright laws. MTT owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of MTT and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.