Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES

These terms of use (‘Terms of Use’) govern the relationship between you and us when you use our online services entitled “MTV 81”.

TERMS OF SERVICE

We provide MTV 81 to you subject to the following terms and conditions. You must read these terms and conditions before using MTV 81. By using MTV 81 you agree to be bound by the terms and conditions set out below, which may be updated by us from time to time. In addition, when using particular services available on MTV 81, you shall be subject to any further guidelines and rules applicable to such services which may be posted by us from time to time. All such guidelines and rules are hereby incorporated by reference into these Terms of Use. In the case of any inconsistency between any such guideline or rule and these Terms of Use, the guideline or rule shall prevail. If you do not wish to be bound by these Terms of Use, you may not use MTV 81.

1. DEFINITIONS

‘Information’ means all material delivered by us through the Website;
‘Service’ means the provision by us to you of access to the Information through this Website;
‘we’, ‘us’, ‘our’ and ‘MTV’ means Viacom Networks Japan which is the owner of this Website;
‘Website’ means the relevant website situated at www.mtv81.com and any sub-sites controlled and operated by us; and
‘you’, ‘your’, ‘yourself’, means you, the Service end-user.

2. DISCLAIMER OF WARRANTIES

The Service is provided on an ‘as is’ and ‘as available’ basis and we make no warranties or representations, whether express or implied, in relation to the Service, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and/or fitness for a particular purpose.

You acknowledge that: (a) it is technically impossible to provide the Service free of faults and that we do not undertake to do so; (b) faults may lead to temporary unavailability of the Service; (c) the results that may be obtained from the use of the Service may include inaccuracies or typographical errors; and (d) the operation of the Service may be adversely affected by conditions and performances outside our control, including without limitation, transmission and telecommunications links between us and you, between different parts of our network, and between us and other systems and networks.

You further acknowledge that some of the Information, for example software, is supplied to us by third parties and accordingly we offer no warranty of whatever nature in relation to such Information.

We will not be liable to you for failures, defects or delays in the Service in any circumstances, including without limitation where: (a) you have provided incorrect information in connection with the Service; (b) you accidentally erase an element of the Service provided to you; or (c) your failure to comply with the instructions for use of the Service as explained by us.

3. LIMITATION OF LIABILITY

You agree that to the extent permitted at law, we shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with the Terms of Use or the use or performance of the Service or Website, including without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).

4. RIGHTS GRANTED/ RIGHTS RESERVED

We provide the Information to you solely for your personal, non-commercial purposes. The Information may not be used for any other purpose including without limitation, publication, reproduction or transmission without our express written permission, subject to which you may upload and/ or send material derived from the Information or other material to us. By uploading or sending any material to us, you thereby grant to us an irrevocable, unconditional, world-wide, royalty free license to use such material or any part of it in perpetuity in any and all media and in any manner we may determine in our sole discretion. Furthermore, you thereby waive all so-called moral rights or other similar rights in such material. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble or otherwise attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Information.

All rights not expressly granted are reserved to us.

5. USER CONDUCT

We provide the Service to you solely for your personal, private use. You undertake not to use the Service:

  1. for any unlawful purpose;
  2. in any way so that the Service is interrupted, damaged, rendered less efficient or the functionality of the Service is in any way impaired;
  3. in any way that may damage or disrupt another user’s computer;
  4. for the transmission, uploading or posting of any computer viruses or any harmful or deleterious files or programs;
  5. to transmit, upload or post any material which is defamatory, offensive, racist, vulgar, libelous or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;
  6. as a means to threaten, stalk, harass, abuse, or otherwise insult other users or to collect or store personal data about other users;
  7. in a manner which constitutes a violation or infringement of any person, firm or company’s rights (including, but not limited to, rights of copyright or confidentiality);
  8. to transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent;
  9. to create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to impersonating an MTV employee, manager, host or another user; or
  10. to transmit, upload, post or otherwise make available any solicited or unauthorized advertising, promotional materials, ‘junkmail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any duplicative or unsolicited messages.

We may remove, eliminate, block, mask and/or filter the content posted by you or other users of the Service when we deem appropriate, especially in case such content is / has been apparently posted for any one of the purposes prohibited as above, and we will not be liable for any damages that may be inflicted on you or other users of the Service due to the removal, elimination, blocking, masking and/or filtering such content by us.

Notwithstanding the foregoing, we do not have to control the content posted by you or other users of the Service and as such, do not guarantee the accuracy, integrity or quality of such content. By using the Service, you acknowledge that you may be exposed to content that is offensive or objectionable. Furthermore, whilst we make every effort to test and check Information and content on the Website, we recommend that you run anti-virus programs on any Information and/or content obtained via the Service.

Under no circumstances will we be liable in any way for any content or any damage incurred as a result of you accessing any content posted or otherwise transmitted via the Service.

You acknowledge that we do not monitor or pre-view any content posted via you or other users of the Service, but that we shall have the right (but not the obligation) to refuse access to or move any content made available via the Service.

6. PARENTAL RESPONSIBILITY

We are concerned about the safety and well-being of all our users, but children in particular. Parents who allow their children to use the Service should take care to supervise and assist their children. We remind you that the Service is designed to appeal to a wide audience. As the legal guardians, we remind parents that it is their responsibility to supervise children and to determine whether particular areas of the Website are suitable for your child.

7. INDEMNIFICATION

You further undertake that in the event that you have any right, claim or action against any other user arising from the use of the Service, you shall pursue such right, claim or action independently of, and without recourse to us. You will fully indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of these Terms of Use or any use of the Service, the Information or the Website by you. You acknowledge that we have limited control over the nature and content of Information and programs transmitted or received by you or others who use the Service and that we do not examine in any way the use to which you put the Service. You agree to fully indemnify us against any claims or legal proceedings arising in connection with your use of the Service which are brought or threatened against us by any other person.

8. INTELLECTUAL PROPERTY

You acknowledge that all copyright, trademarks and all other intellectual property rights in the Service, Information and the Website shall remain vested in us or our licensors.

9. SUSPENSION OF ACCESS

We shall have the right to immediately suspend your access to the Service if you commit or we reasonably believe you have committed a breach of these Terms of Use or if we are legally required to do so.

10. USER PRIVACY

Please see our Privacy Policy.

11. Mobile Applications

If the Website offers Service through applications available on your wireless or other mobile Device (such as a mobile phone) (the ‘Mobile Application Services’), these Mobile Application Services may be governed by the Additional Terms governing the applicable Mobile Application Service when appropriate. We do not charge for these Mobile Application Services unless otherwise provided in the applicable Additional Terms. However, your wireless carrier’s standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or Devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless Device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services. If you change or deactivate your wireless telephone number, you agree to promptly update your Mobile Application Services account information to ensure that your messages are not sent to the person that subsequently acquires your old number. Under no circumstances will the Website, parent companies or any affiliates of MTV be responsible for any wireless email, text messaging or other charges incurred by a user (or any person that has access to a user’s wireless device, telephone number, or email address) using any Mobile Application Services.

12. OTHER WEBSITES

This Website may contain links to other websites which are not controlled by us. These Terms of Use only apply to your use of this Website and the Service and we shall not be responsible for any content on any other websites. Any link to any other website does not amount to an endorsement of that website or its content.

13. CHANGES TO THE TERMS OF USE AND THE SERVICE

We reserve the right to change these Terms of Use from time to time by placing the updated version in this page, and your continued use of the Service following notice of such change shall be deemed to be your acceptance of any such change. It is your responsibility to check these Terms of Use regularly to determine whether these have been changed. If you do not agree to any change in these Terms of Use then you must immediately stop using the Service. We also reserve the right to change and update the Service and / or our Privacy Policy from time to time.

14. SEVERABILITY

Each provision of these Terms of Use excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of these Terms of Use.

15. NO WAIVER

No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

16. CHOICE OF LAW AND JURISDICTION

These terms of Use shall be governed by the laws of Japan, and the Tokyo District Court shall be the exclusive court of jurisdiction in the first instance for any disputes and /or lawsuits regarding these terms of Use, the Website and/or the Service.

Last updated on: December 1, 2014.