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.
- 4.1. Users that wish to submit Materials to FIND/47 have the ability to register as members using procedures set forth by METI.
- 4.2. When registering, Users must submit accurate information as requested by METI. If Users are unable to conform to this request, Users may not be able to complete member registration.
- 4.3. In order for Users to register as members, such Users must provide irrevocable consent to the terms and conditions set forth in the Terms, etc. If a User is a minor, such User must obtain the consent of a legal guardian.
5.Submission by members; usage rights regarding submitted Materials
- 5.1. Users who have completed member registration (“Members”) have the ability to submit Materials to FIND/47 using procedures set forth by METI. Any such submission must fulfill the standards set forth below, as well as other standards set forth by METI on FIND/47 (if any, and collectively, the “Scenery Photo Standards”). METI retains the right to review any Materials Members may submit, and, if METI determines that such Materials do not meet the Scenery Photo Standards, METI has the right to not publish such Materials. Members agree to not contest METI’s Material publication decisions.
The Materials shall not:
- (1)Violate the Intellectual Property and other rights of METI or third parties, or have the risk of violating same
- (2)Be the same Materials already submitted
- (3)violate public order or morality, or have the risk of violating same
- (4)defame or damage the reputation of Japan, other countries, and other entities or individuals, or have the risk of violating same
- (5)pertain to illegal activity; or
- (6)be Materials that are otherwise deemed to be inappropriate as determined by METI in connection with FIND/47’s purpose.
- 5.2. In connection with submitted Materials and any related information, Members hereby consent to METI publishing such materials in connection with the terms and conditions set forth in Section 2, using such materials as necessary for the implementation of the AWARD as further identified in Section 6, and using such materials in order to report on FIND/47’s operations. Such consent also applies to any sub-use by third parties identified by METI.
- 5.3. Regarding the submitted Materials, and for the limited usage purposes as set forth in these Terms, Members agree to not exercise their moral rights against METI or other third parties identified by METI.
- 5.4. Regarding the submitted Materials, Members assure METI that such Materials do not violate the Intellectual Property rights, moral rights, portrait rights, privacy rights or reputation of third parties.
6. The AWARD
- 6.1. FIND/47 expects to undertake a contest that identifies and awards certain exemplary submitted Materials, and acknowledging them on the Service (the “AWARD”). The AWARD will be operated by the FIND/47 Office (JTB Corporate Sales Inc. and Rhizomatiks co.,ltd).
- 6.2. All Materials submitted by Members shall be considered possible candidates for the AWARD to be implemented pursuant to judges and identified adjudication procedures.
- 6.3. Pursuant to identified methods, any Material that is awarded an AWARD shall be listed as a winning work on FIND/47.
- 6.4. The FIND/47 Office shall be responsible for setting the selection method for AWARD nominees, adjudication standards (including the method to select judges), the method to identify the AWARD winners, and any and all other details regarding implementation of the AWARD.
- 6.5. Members acknowledge that they will not be assured selection for the AWARD merely by submitting Materials. Members agree to not contest the selection process of results of the AWARD.
7. Membership withdrawal
- 7.1. Members are permitted to delete their membership registration (“Withdrawal”) by giving notice to METI using the procedures set forth by METI. Even if Members have made a successful Withdrawal, Members consent to the continued retention and limited use by METI of any information such as transmitted, registered or submitted Materials on FIND/47, in order for METI to continue operating FIND/47. Further, even if a Member has made a successful Withdrawal, it will be possible for such member to use FIND/47 as a User.
- 7.2. If METI has deemed that a Member has violated these Terms, etc. or has submitted Materials that do not satisfy the Scenery Photo Standards, depending on the circumstances, METI has the right to remove such Member’s submitted Materials (whether in whole or in part), cease the granting of membership status to such Member, stop the provision of FIND/47 to such Member, undertake the Withdrawal of such Member, or undertake any other step deemed necessary by METI. Members agree to not contest METI’s decision, and METI shall not be responsible for any and all damages that may result from, or are related to, such steps
Users shall not use the Materials published under these Terms for any of the following 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;
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.METI’s Limitation of Liability
- 10.1. 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.
- 10.2. 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.
- 10.3 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.
11. Modifications to the provision format and contents
- 11.1. 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.
- 11.2. METI shall not be responsible for any disputes arising or damages caused to Users in connection with the Modifications
12. Changes to these Terms, etc.
- 12.1 METI may modify these Terms, etc. as and when METI deems necessary, by without providing prior notice to Users in manner deemed appropriate by METI. It is the Users’ responsibility to confirm the revised Terms, etc. after such notice.
- 12.2 Users shall be deemed to have confirmed the Terms, etc. by continuing to use FIND/47. In such cases where Users continue to use FIND/47, such Users will be deemed to have granted valid and irrevocable consent to the modified Terms, etc.
- 12.3 Any such However, such modifications to the Terms shall not affect any prior licenses applicable to the Materials that are downloaded by Usersexisting prior to suchthe modification of the Terms.
13. 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 including 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 Section 13.
14. Governing law and Venue
- 14.1. The Japanese version of the Terms shall control. The Terms are governed and construed in accordance with the laws of Japan
- 14.2. 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
- Updated on September 23, 2016
- Updated on April 7, 2017
- Updated on December 1, 2017