Terms of Use
Welcome to Discover Nikkei, an international network that celebrates cultural diversity, explores local and global identities, and connects communities and generations by sharing the stories and perspectives of the Nikkei, people of Japanese descent who have migrated and settled throughout the world. These terms and conditions (the “Terms of Use”) govern your access to and use of the Discover Nikkei website at www.discovernikkei.org (the “Site”), your use and contribution of any information, announcements, text, commentary, graphics, photographs, videos, sound, music, and/or other materials appearing on the Site (the “Content”), and your use of any services provided through the Site (the “Services”). Your access to and use of the Site, Content, and/or Services are expressly conditioned on your compliance with these Terms of Use. By visiting or using the Site, Content, or Services, you agree to be bound by these Terms of Use and the Discover Nikkei privacy policy, located at www.discovernikkei.org/about/privacy (the “Privacy Policy”) and incorporated here by reference. If you do not agree with any of the terms or conditions of the Terms of Use or Privacy Policy, please do not visit or use the Site.
1. Modification of Terms of Use. You acknowledge and agree that the Japanese American National Museum (the “National Museum”) may revise these Terms of Use from time to time. By continuing to visit or use the Site, Content, or Services after the National Museum makes any such revision, you agree to be bound by the revised Terms of Use.
2. Ownership and Use of ContentA. Ownership of the Content. All right, title, and interest in and to the Site, Content, and Services are and will remain the exclusive property of the National Museum and its licensors. The Site, Content, and Services are protected by copyright, trademark, and other laws of the United States and foreign countries.
B. Your Use of the Content. Except as expressly stated on the Site with respect to specific Content, and subject to your compliance with these Terms of Use, the National Museum authorizes you to download, view, and/or print copies of the Content, subject to the conditions set forth in this section.
i. Permitted Uses. You may download, view, and/or print copies of the Content solely for your non-commercial, personal, and educational purposes, such as teaching, research, criticism, or commentary, and subject to the restrictions set forth in these Terms of Use.
ii. Restricted Uses. You agree not to download, reproduce, distribute, display, perform, broadcast, transmit, sell, license, modify, prepare derivative works, or otherwise use, or allow others to use, the Site, Content, or Services, for any commercial purpose, without the National Museum’s prior written authorization. To request such authorization, please contact the National Museum at editor@discovernikkei.org.
iii. Educators. If you are a teacher or educator, you may reproduce, distribute, display, perform, or use the Content solely for classroom or workshop instruction in a school, museum or other non-profit educational organization, but you may not modify, publish, sell, or commercially distribute any Content without the National Museum’s prior written authorization. The authorization in this subsection does not apply to corporations that package, prepare, or sell educational materials.
iv. Websites. You may not use or reproduce the Site, Content, or Services on or in connection with any commercial website, and you agree not to copy or modify the HTML code used to generate web pages on the Site, or to circumvent, disable, or otherwise interfere with any security or other features of the Site that restrict use or copying of any Content.
v. Proprietary Notices. You agree not to delete or in any manner alter any copyright, trademark, and other proprietary rights notices that have been placed on or near the Content, and you agree to provide proper attribution and identifying information for the author, artist, and/or source of all Content, including a citation to the Site.
C. No Warranty for Content. Content on the Site is made available “as is.” You agree that the National Museum has no obligation to monitor the Content or use of the Site, but has the right periodically to do so for the purpose of operating and maintaining the Site. You acknowledge that the National Museum is not responsible for the accuracy, usefulness, or intellectual property rights of the Content. You agree that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and do hereby waive, any legal or equitable rights or remedies you may have against the National Museum with respect thereto.
3. Nima-kai. These Terms of Use apply to all visitors and users of the Site, including users who register with the Site by creating an account (“Nima”). Nima are registered users of the Discover Nikkei online community, which is called the Nima-kai. As a Nima, you have the option of contributing Content to the Site (your “Submissions”).
A. Your Account. You agree to provide accurate and complete information when you create your Nima account. You are responsible for safeguarding the password that you use to access any secure areas of the Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions made under your password, whether or not you have authorized such activities or actions. You will immediately notify the National Museum of any unauthorized use of your password.
B. Profile Page. Upon creation of your Nima account, the Site will automatically generate for you a profile page populated with the basic information provided by you to the National Museum (your “Profile Page”). You may edit and update your Profile Page. The National Museum will host such Profile Page until termination of your account pursuant to these Terms and Conditions.
C. Nature of Your Submissions. You acknowledge that the National Museum will not treat your Submissions as confidential information. You agree to contribute Submissions that are relevant to the Nikkei experience, to comply with these Terms of Use (including the General Prohibitions listed in Section 4), and not to violate the copyright, trademark, trade secret, privacy, publicity, or other proprietary or intellectual property rights of third parties.
D. Account Termination. The National Museum reserves the right, in its sole discretion, (i) to determine whether or not Submissions are appropriate for the Site and comply with these Terms of Use and the Privacy Policy; (ii) to remove or delete Submissions without prior notice; and/or (iii) to remove your Profile Page from the Site and/or terminate your Nima account at any time without notice for violation of these Terms of Use.
E. Licenses to Your Submissions. By contributing Submissions to the Site, you hereby grant the National Museum a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, publicly display, publicly perform, and prepare derivative works of your Submissions and Profile Page in connection with the Site and the management of the National Museum, including, without limitation, the advertising, publicity, or marketing of the Site and/or the National Museum, in any format or media now known or hereinafter invented or discovered throughout the world. You also hereby grant each Nima, visitor, and user of the Site a non-exclusive license to use, view, reproduce, distribute, display, and perform your Submissions and Profile Page through the Site’s functionality and in accordance with these Terms of Use. The latter license terminates within a commercially reasonable time after you or the National Museum removes or deletes your Submissions and/or Profile Page from the Site.
F. Ownership of Your Submissions. The National Museum expressly acknowledges, and you represent and warrant, that you own all worldwide right, title, and interest in and to all of your Submissions, as well as all updates and additions to your Profile Page, and including all worldwide copyright, trademark, and other proprietary and intellectual property rights therein, or you have sufficient rights and authority to grant the licenses in Section 3.E of these Terms of Use. You further represent and warrant that you have obtained any and all rights, releases, consents, and clearances that are necessary for the National Museum and the Site’s users to exercise the license rights set forth in Section 3.E of the Terms of Use.
4. General ProhibitionsA. You agree not to do any of the following while using the Site, Content, or Services:
i. Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
ii. Access, tamper with, or use non-public areas of the Site, the National Museum’s computer systems, or the technical delivery systems of the National Museum’s providers;
iii. Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
iv. Attempt to access or search the Site, Content, or Services with any engine, software, tool, agent, device, or mechanism other than the software and/or search agents provided by the National Museum or other generally available third party web browsers (such as Microsoft Internet Explorer, Netscape Navigator, Google, or Mozilla Firefox);
v. Send unsolicited email, junk mail, “spam,” or chain letters, or promotions or advertisements for products or services;
vi. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Content, or Services to send altered, deceptive, or false source-identifying information;
vii. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site, Content, or Services;
viii. Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or
ix. Impersonate or misrepresent your affiliation with any person or entity.
B. Enforcement of General Prohibitions. The National Museum reserves the right to investigate and prosecute violations of any of the above General Prohibitions, including infringement of intellectual property rights and interference with Site security, to the fullest extent of the law. The National Museum may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that the National Museum has no obligation to monitor your access to or use of the Site, Content, and Services, but has the right to do so for the purpose of operating and maintaining the Site, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.
5. Digital Millennium Copyright Act Compliance. The National Museum respects the intellectual property rights of others and expects users and Nimas to do the same. In the sole discretion of the National Museum and in appropriate circumstances, the National Museum may terminate the accounts of Nimas or prevent access to the Site by Nimas who infringe the intellectual property rights of others. Pursuant to the Digital Millennium Copyright Act (the “DMCA”), you may submit a notice to the National Museum if you believe that any Content infringes your copyrights. Please see 17 United States Code 512(c)(3) for further details regarding the format required for such notice. Please note that failure to comply with the requirements of the DMCA may invalidate your notice of infringement. The text of the statute can be found at the U.S. Copyright Office website, located at www.copyright.gov. The National Museum’s agent who receives notices of alleged copyright infringement on the Site is:
-
Designated Agent
369 East First Street
Los Angeles, CA 90012
Attn: Web Manager
ph: 213.625.0414
fax: 213.625.1770
email: copyright@janm.org
6. Links to Other Websites. The Site may contain links to third party websites or resources. You acknowledge and agree that the National Museum is not responsible or liable for: (A) the availability or accuracy of such websites or resources; or (B) the content, products, or services available from such websites or resources. Links to such websites or resources do not imply any endorsement by the National Museum of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such third party websites or resources.
7. Termination. If you violate any of these Terms of Use, your permission to use the Site, Content, your Profile Page, and the Services will automatically terminate. The National Museum reserves the right to revoke your access to and use of the Site, Content, your Profile Page, and the Services at any time, with or without cause. The National Museum also reserves the right to cease providing or to change the Site, Content, or Services at any time and without notice.
8. Warranty Disclaimer. Your access to and use of the Site, Content, your Profile Page, and the Services is solely at your own risk. The National Museum will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, Content, your Profile Page, or the Services. THE SITE, CONTENT, YOUR PROFILE PAGE, AND THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE NATIONAL MUSEUM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. THE NATIONAL MUSEUM MAKES NO WARRANTY THAT THE SITE, CONTENT, YOUR PROFILE PAGE, OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE NATIONAL MUSEUM MAKES NO WARRANTY REGARDING THE QUALITY OF ANY CONTENT, SERVICES, OR INFORMATION OBTAINED THROUGH THE SITE, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT, OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE NATIONAL MUSEUM OR THROUGH THE SITE, CONTENT, OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
9. Indemnity. You agree to defend, indemnify, and hold harmless the National Museum, its officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, and expenses, including, but not limited to, reasonable legal and accounting fees, arising out of or in any way connected with: (A) your access to or use of the Site, Content, your Profile Page, or the Services; (B) your violation of any term or condition of these Terms of Use; or (C) any claim that your Submissions or Profile Page caused damage to a third party or violated any third party right, including, but not limited to, any copyright, privacy, or publicity right.
10. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE NATIONAL MUSEUM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, CONTENT, YOUR PROFILE PAGE, OR THE SERVICES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT, YOUR PROFILE PAGE, OR THE SERVICES, (B) ANY THIRD PARTY CONTENT, INCLUDING WITHOUT LIMITATION ANY BUGS, VIRUSES, TROJAN HORSES OR SIMILAR MALICIOUS CODE, UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR SERVICES; (C) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE CAUSED AS A RESULT OF YOUR USE OF ANY SUCH CONTENT; AND/OR (D) ANY UNAUTHORIZED ACCESS TO OR USE OF THE NATIONAL MUSEUM’S SECURE SERVERS AND/OR ANY PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE NATIONAL MUSEUM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE NATIONAL MUSEUM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
11. General. You will have no right to assign these Terms of Use, in whole or in part, by operation of law or otherwise, without the National Museum’s express prior written consent, but the National Museum may assign these Terms of Use without restriction. These Terms of Use are the entire and exclusive agreement between the National Museum and you regarding the Site, Content, your Profile Page, and the Services, and these Terms of Use supersede and replace any prior agreements between the National Museum and you regarding the Site, Content, your Profile Page, and the Services. In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect. The failure of the National Museum to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. These Terms of Use will be governed by and construed in accordance with the laws of the State of California, excluding that body of law known as conflict of laws. In the event of any dispute between you and the National Museum that cannot be resolved within thirty (30) business days, the dispute shall be finally settled by binding arbitration in Los Angeles, California under the Rules of the American Arbitration Association by three (3) arbitrators appointed in accordance with said rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, the parties may apply to the federal or state courts located in the Central District of California for injunctive relief without breach of this Section 11. YOU AND THE NATIONAL MUSEUM AGREE TO WAIVE ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, CONTENT, YOUR PROFILE PAGE, AND/OR THE SERVICES THAT IS NOT COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
If you have any questions about these Terms of Use, please contact the National Museum at editor@discovernikkei.org.
Updated October 28, 2009