Use of the Site is subject to these legally binding Terms and constitutes your agreement to be bound by and to act in accordance with these Terms. Village reserves the right to change the Terms at any time. Any such changes will be posted on the Site. Any changes are effective immediately upon posting and you agree to be bound by such changes. The continued use of the Site constitutes your agreement to any revised Terms. If you do not agree to these Terms in their entirety, do not use the Site in any manner.
2. Ownership Rights/Use of Site Materials
Village owns all right, title and interest in and to the Site and/or owns the content and applications on the Site.
Village owns all copyrights for all materials on the Site, including, but not limited to images, illustrations, audio clips, and video clips and any and all audio visual materials, or has valid rights to use the materials on the Site. Village also owns all trademarks, service marks, trade names, logos and domain names used on or in connection with the Site or it has valid rights to use any such material. Any modification or use of the materials from the Site for any purpose not explicitly permitted constitutes violation of Village's copyright and other proprietary rights.
In no event the materials of the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any manner whatsoever, without the prior written consent of Village.
You may not use the Site in any manner that could damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to any computer systems or networks associated with the Site.
3. Disclaimer/Limitation on Liability
Use of and browsing the site are at your own risk. Neither village nor any parties representing or otherwise affiliated with village, including but not limited to officers, employees, agents, licensors, successors or assigns (collectively the “village parties), are liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or intangible losses (even if village has been advised of the possibility of such losses), arising out of your use of or inability to use the site, the use or inability to use any site linked to this site, any viruses derived from this site, or any other matter relating to this site. The maximum aggregate liability of village and all village parties (but specifically excluding gross negligence or willful misconduct) shall be $100.00 (one hundred dollars). To the extent permitted by law and without limiting any of the foregoing, everything on the site is provided to you on as "as is" basis, without warranty, either express or implied, of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a specific purpose, freedom from computer virus, data accuracy, or non-infringement. Applicable law may not allow the exclusion of certain warranties, so these exclusions may not apply to you in whole or in part. You assume the sole risk of making use of the site and the content it provides.
Village is not responsible for any third party website that links to or from the Site. Village disclaims all responsibility for the accuracy of any of the information provided on such linked Site and any goods or services provided or purchased from such Site. Village shall not be held liable or responsible for the content of any Site that link to or from the Site.
5. Accuracy of Information
Village takes reasonable steps to ensure the accuracy of the information included in the site. However, village takes no responsibility for errors or omissions in the content of the site and does not guarantee the accuracy, completeness or timeliness of information provided on the site. Information provided on the site is subject to change at any time without prior notice.
Village may, in its sole discretion and at any time, discontinue the Site or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. Village may take any one or more of these actions without any notice to you, prior or otherwise and Village shall not have any liability to you or to any other person for any termination of your (or anyone else’s) access to the site or parts thereof and/or the removal, discarding, disabling or deactivation of any information or data that you (or anyone else) may have provided on or by means of the Site. Village reserves the right in its sole discretion to terminate or restrict your access to and use of the Site, or any part of the Site, without notice, for any or no reason, and without liability to you or any third party. The provisions of these Terms relating to Disclaimer of Warranties, Limitation of Liability, No Waiver, Choice of Law and Jurisdiction, and all terms which by their nature should survive, shall survive the termination of this agreement.
7. No Waiver
The failure on the part of Village to enforce any part of these Terms shall not constitute a waiver of any of Village's rights hereunder for past or future actions.
[NOTE – it may be very difficult to enforce jurisdiction in Japan against a US resident user of the site. Village may wish to consider an alternative choice of jurisdiction in the event that this is not enforceable. Japanese choice of law may be enforceable, but highly unusual for a sited directed to the US, so the client may wish to consider an alternative if JP law choice ultimately is not enforceable.]
Any dispute over the content or use of the Site shall be governed by the substantive laws of Japan, and the jurisdiction and venue of any such action shall be vested solely in the Tokyo District Court.
9. Information and Content Submitted by You
Neither Village nor any of its employees accept or consider unsolicited ideas or materials, including concepts for new movies, videos, shows, theatrical performances, promotions, marks or names, creative works, technology, or site functionality. The purpose of this policy is to avoid potential misunderstandings or disputes when Village’s content, this Site, other works or marketing strategies might seem similar to ideas or materials submitted to Village. Please do not send your unsolicited ideas or materials to Village or anyone at Village. If, despite our request that you not send to us your ideas and materials, you still send them, please understand that Village makes no assurances that your ideas and materials will be treated as confidential or proprietary.
10. Entire Agreement
11. General Terms
You may not assign or otherwise transfer rights granted under these Terms. You agree that any material breach of these Terms by you will result in irreparaable harm to Village for which damages alone would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Village will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Village seeks such an injunction.
Nothing in these Terms limits Village’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Village with respect to such use.
A printed version of these Terms and any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
By accessing or using the Site in any way, you signify your understanding and agreement to comply with these Terms.
LAST UPDATED : January 24,2014