The Service is offered to promote tourism to Japan by publishing selected photos featuring various areas in Japan (the “Materials”) in accordance with the Terms.
Users can use the Materials non-exclusively (including but not limited to copying, public transmission and adapting), even for commercial use, as long as such use is in accordance with the Terms.
2. Conditions to publish the Materials
- 2.1. The Materials are published under Creative Commons Attribution License International (CC BY 4.0) and are deemed to have been also released under the latest version of such license when it is updated by Creative Commons.
- 2.2. For any use permitted by these Terms, Users shall indicate the source of the Materials by using the notices set forth below. Users shall modify as appropriate the descriptions required within <>.
When Users use the Materials without any change or modification:
“<the title of the Material>, ©<the name of the copyright holder / author as displayed on the Service>, Creative Commons Attribution 4.0 International License (CC BY 4.0)https://creativecommons.org/licenses/by/4.0/”
When Users use the Materials with changes or modifications:
“Created by modifying <the title of the Material> (©<the name of the copyright holder / author as displayed on the Service>, Creative Commons Attribution 4.0 International License (CC BY 4.0))https://creativecommons.org/licenses/by/4.0/”
3. Rights of the State and other third parties
Notwithstanding the stipulations set forth in Section 2, any and all “Intellectual Property” (such phrase defined as including any and all rights already owned or obtained, or applied for registration) that include copyright (including the rights specified in Articles 27, 28 and other articles of the Japanese Copyright Act), patent rights, utility model rights, design rights, trademark rights, and any other rights in and to FIND/47 that have been created by the State, or third parties that have sublicensed the use of such Intellectual Property to the State, shall be retained by the State or such third parties. For the avoidance of doubt, Section 2 shall not mean that such rights transfer to Users.
- Users shall not use the Materials published under these Terms for any of thefollowing uses:
- (1) military use;
- (2) use that violates public order or morality;
- (3) defaming or damaging the reputation of Japan, other countries, and other entities or individuals;
- (4) defaming or damaging the reputation of the creator of the Materials;
- (5) illegal use;
- (6) interfering of the Service;
6. METI’s Limitation of Liability
- 6.1. METI shall neither explicitly nor implicitly guarantee that the Service, or the Materials provided on the Service, and the licenses set forth in these Terms are free from de facto or legal flaws (including defects relating to safety, reliability, accuracy, completeness, validity, compatibility with certain purposes, security,as well as errors, bugs, and infringement of rights). METI shall have no obligation to provide services related to the Service free of such defects to Users.
- 6.2. METI shall not in any way be responsible for any disputes or damages whatsoever arising in relation to the usage of the Materials provided by METI or the interpretation and application of the Terms among Users or between Users and third parties.
- 6.3. METI shall not guarantee that the Materials will be constantly, or at any time, available on this Service. METI shall not in any way be responsible for any damages caused to Users or third parties that may arise from a situation where METI cannot provide the Materials, irrespective of the cause of such situation, including, without limitation, during the maintenance of the Service.
7. Modifications to the provision format and contents
- 7.1. METI may modify the contents or provision format of the Materials, or terminate the provision of the Materials (the “Modifications”) when METI deems necessary, without providing prior notice to Users.
- 7.2. METI shall not be responsible for any disputes arising or damages caused to Users in connection with the Modifications.
8. Changes to these Terms
- 8.1. METI may modify these Terms when METI deems necessary, without providing prior notice to Users.
- 8.2. Users shall be deemed to have granted valid and irrevocable consent to the modified Terms by continuing to download or otherwise use the Materials. However, such modifications shall not affect any prior licenses applicable to the Materials that are downloaded by Users prior to the modification of the Terms.
9.Assignment of Business etc.
If the State transfers the business related to FIND/47 to a third party because of transfers of business etc. (the “Transfer”), then at the Transfer the positions in the agreement between Users and the State includuing but not limited to the Terms and Conditions and all rights and responsibilities conferred by it, as well as all registered information and other User information, shall be transferrable to the transferee. Users agree beforehand to all terms regarding the Transfer in 9.
10.Governing law and Venue
- 10.1. The Japanese version of the Terms shall control. The Terms are governed and construed in accordance with the laws of Japan
- 10.2. Any suit, action, or proceeding arising out of, or in connection with, these Terms shall be exclusively brought in the Tokyo District Court as the court of first instance.
- Ministry of Economy, Trade and Industry
- Effective as of August 4, 2016
- Update on September 23, 2016
- Update on April 7, 2017