
MEDIA PORTAL
B.LEAGUE MEDIA PORTAL - Terms of Use
Article 1: Scope of Application
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This Terms of Use (hereinafter referred to as "ToU") sets forth the terms and conditions to use a portal website for the media operated by the Japan Professional Basketball League (hereinafter referred to as "B.LEAGUE") named as the "B.LEAGUE MEDIA CHANNEL" (hereinafter referred to as "Site").
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Users of the Site (hereinafter referred to as "User(s)") shall understand and agree to this ToU and use the Site in accordance with this ToU. Users shall be deemed to have understood and agreed to this ToU by using the Site for any reason.
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B.LEAGUE may establish additional rules or matters to use the Site not stipulated in this ToU separately at B.LEAGUE’s discretion and such rules or matters shall be deemed as parts of this ToU. Users also shall understand and agree to such rules or matters and use the Site in accordance with those.
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All contents provided on the Site, including but not limited to texts, images, and videos (hereinafter collectively referred to as "Contents"), are permitted for use only for coverage, planning, and content production for the purposes of news reporting and/or promotion for B.LEAGUE. Use for any other purpose is strictly prohibited.
Article 2: Eligibility and Account Application
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Only individuals who hold a legitimate and valid user account for the Site approved by B.LEAGUE (hereinafter referred to as "User Account") may use the Site.
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Those who wish to use the Site shall complete the account application procedure prescribed by B.LEAGUE.
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B.LEAGUE decides whether to approve the account application at its sole discretion. If B.LEAGUE determines that the applicant falls under any of the following items, said account application will be denied without prior notice:
(1) The applicant already holds his/her User Account;
(2) The information declared by the applicant in the account application procedure is identical or substantially similar to account information of another Users;
(3) The applicant has previously had an account application denied or an account revoked;
(4) The information declared by the applicant in the account application procedure contains false information, errors, or omissions;
(5) The applicant is a minor and has not obtained the consent of a legal representative, such as a parent or guardian;
(6) The applicant has violated any of the terms and conditions herein; or
(7) In addition to the foregoing items, B.LEAGUE determines that the applicant's use of the Site to be inappropriate.
Article 3: Validity Period and Account Renewal
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The User Account shall be valid from the date of approval by B.LEAGUE only for the Season to which the approval date belongs ("Season" is defined as the period from July 1 of each year to June 30 of the following year; the same shall apply hereinafter.).
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Users may continue to use the same User Account for the next Season by completing the account renewal procedure prescribed by B.LEAGUE and obtaining B.LEAGUE's approval before the expiration of the validity period for said User Account.
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B.LEAGUE decides whether to approve the account renewal at its sole discretion. If B.LEAGUE determines that a User who has completed the account renewal procedure falls under any of the items set forth in Paragraph 3 of Article 2 or a User has no usage history on the Site in the past one (1) year, said account renewal will be denied without prior notice.
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The User Account that has expired for three months without undergoing the account renewal procedure cannot be used again for any reason.
Article 4: Account Revocation and Information Deletion
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If B.LEAGUE determines that a User falls under any of the items set forth in Paragraph 3 of Article 2, B.LEAGUE may revoke his/her User Account even within the validity period for said User Account. Provided that, B.LEAGUE shall not be responsible for, nor shall it have any obligation to, correct or prevent any violation of this ToU by Users.
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In the event of User Account’s revocation under Paragraph 1 of this article or denial of the account renewal procedure under Article 3, B.LEAGUE will delete information that is no longer necessary and associated with said User Account.
Article 5: User Obligations
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Users shall comply with the following items in using the Site:
(1) Not to allow any third party other than User own to use the User Account;
(2) To manage the User Account appropriately at their own expense and responsibility to prevent unauthorized use of the User Account;
(3 ) To notify B.LEAGUE immediately if there are any changes to the User Account information, if unauthorized use of the User Account is discovered or suspected, or if a User no longer need to use the Site;
(4) To strictly manage the Contents and use the Contents only for the purposes described in Paragraph 4 of Article 1; and
(5) To prepare and manage the necessary equipment, software, communication means and any other items to use the Site at their own expense and responsibility.
2. In the event the Site is used with the User Account, such use shall be deemed to be the act of the User who has said User Account, and the User shall bear all responsibility for such use.
Article 6: Prohibited Acts
The following acts are strictly prohibited in using the Site:
(1) Acts that violate laws, regulations, or public order and morals;
(2) Acts that interfere with the operation of the Site.
(3) Acts that infringe upon the intellectual property rights, including but not limited to copyrights and trademarks rights, property, privacy, portrait rights, or any other rights of B.LEAGUE, other Users or third parties;
(4) Acts that slander, defame or damage the reputation or credibility of B.LEAGUE, other Users or third parties;
(5) Acts of impersonating another person, corporation, organization, or other entity, or misrepresenting a relationship with such entities;
(6) Acts of providing false information;
(7) Acts of sharing, transferring, disclosing, providing, lending, or licensing the User Account to a third party;
(8) Acts of reposting, reproducing, duplicating, distributing, adapting, modifying, publicly transmitting, or otherwise using the Contents without the prior written consent of B.LEAGUE;
(9) Acts that are likely to fall under any of the preceding items;
(10) Acts that may encourage any of the acts falling under the preceding items (including but not limited to posting links of the Site on third-party websites); and
(11) In addition to the foregoing items, any other acts that B.LEAGUE determines to be inappropriate.
Article 7: Event Applications
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Users may submit applications, including but not limited to press coverage applications, related to events, games and other events (hereinafter collectively referred to as "Events") held by B.LEAGUE or its member clubs (hereinafter referred to as "Club(s)") through the Site.
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The organizer of the Events (B.LEAGUE or Club) decides whether to approve applications under Paragraph 1 of this article at its sole discretion.
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Users shall follow instructions of B.LEAGUE and/or Clubs regarding all matters related to Events for which their application has been approved.
Article 8: Attribution of Rights
Copyrights, trademarks rights, portrait rights and any and all other rights of all Contents shall belong to B.LEAGUE or its licensors.
Article 9: Interruption, Modification, and Termination
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In the event any of the following events occur, B.LEAGUE may temporarily interrupt the operation of the Site without prior notice and the operation of the Site may also be temporarily delayed due to the following events:
(1) When performing regular or emergency maintenance of the Site;
(2) When the system for operating the Site is overloaded, or a security issue arises or those suspected;
(3) When an interruption of the Site becomes necessary for operational or technical reasons;
(4) When the operation of the Site becomes impossible due to natural disasters, wars, civil unrest, riots, labor disputes, etc. or any cause beyond the reasonable control of B.LEAGUE; or
(5) In addition to the foregoing items, when B.LEAGUE determines that a temporary interruption is necessary.
B.LEAGUE shall not be responsible for such interruption and/or delays due to foregoing events.
2. B.LEAGUE may change and/or modify contents of the Site without prior notice.
3. B.LEAGUE may terminate the operation of the Site for any reason by notifying Users three (3) months in advance in a manner prescribed by B.LEAGUE.
4. B.LEAGUE may change, modify and/or delete all or parts of the Contents without prior notice.
Article 10: Disclaimer
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THE SITE AND THE CONTENTS ARE PROVIDED ON "AS IS". EXCEPT AS OTHER PROVIDED HEREIN, B.LEAGUE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SITE AND THE CONTENTS HEREUNDER, WHETHER EXPRESSED OR IMPLIED, ARISING BY LAW, CUSTOM, ORAL OR WRITTEN STATEMENTS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY ACCURACY, CURRENCY, USEFULNESS, EFFECTIVENESS, SAFETY, COMPLETENESS, OR SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR OF ERROR FREE AND UNINTERRUPTED USE.
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TO THE EXTENT ALLOWED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY SPECIFIED HEREIN, B.LEAGUE SHALL NOT BE LIABLE FOR ANY AND ALL LOSS OR DAMAGE THAT MAY ARISE TO USERS IN CONNECTION WITH USERS’ USE OF THE SITE AND/OR THE CONTENTS.
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IN CASE OF B.LEAGUE'S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, PARAGRAPH 2 OF THIS ARTICLE SHALL NOT APPLY. PROVIDED THAT, HOWEVER, B.LEAGUE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMADES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR REVENUES, PUNITIVE DAMAGES, OR LOSS OF PERSONAL PROPERTY ARISING OUT OF USERS’ USE OF THE SITE AND/OR THE CONTENTS IN NO EVENT.
Article 11: Indemnification
Users shall indemnify and hold harmless B.LEAGUE from and against any and all losses, liabilities, damages, claims and expenses (including, without limitation, reasonable attorneys' fees and costs, but specifically excluding any indirect, incidental, consequential or punitive damages)( hereinafter collectively referred to as "Damages") incurred by B.LEAGUE as a result of any breach of this ToU. Provided that, the foregoing shall not apply if the Damages are caused by a reason not attributable to Users.
Article 12: Handling of Personal Information
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B.LEAGUE will use the personal information obtained from Users for the purpose of operating the Site and managing User Account. For other details regarding the handling of the personal information by B.LEAGUE, please refer to B.LEAGUE Privacy Policy separately established.
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User shall be deemed to have understood and agreed to the handling of personal information as stipulated in this article by submitting the account application or using the Site.
Article 13: Elimination of Antisocial Forses
Users represent and warrant to B.LEAGUE, now and in the future, that:
(1) It is not groups or individuals who pursue economic benefits by using violence, power and fraudulent methods, such as organized crime groups, companies affiliated with organized crime groups, corporate extortionist (sokaiya), and social activity advocacy groups, etc. (hereinafter collectively referred to as "Antisocial Forces"), and were not Antisocial Forces in the past;
(2) It will not use Antisocial Forces nor provide benefits to Antisocial Forces; and
(3) Its principal shareholders/investors, its own officers, directors and other persons substantially involved in its management are not Antisocial Forces and such persons have no socially reprehensible associations with Antisocial Forces.
Article 14: Modification and Validity of the ToU
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B.LEAGUE may, at its sole discretion, change, modify and/or revise all or parts of this ToU. The revised ToU shall become effective as of the time those are posted on the Site.
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User shall be deemed to have and understood agreed to the revised ToU by using the Site after such revision at that time.
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If any part of this ToU is declared by a competent court to be invalid, illegal or unenforceable, such part shall be deemed severed from this ToU and the remainder of this ToU shall continue in full force and effect as if such invalid, illegal or unenforceable part had not been a part of this ToU from the beginning.
Article 15: Governing Law and Language
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This ToU shall be governed by and construed in accordance with the laws of Japan.
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The governing language of this ToU shall be Japanese. This English translation is provided for convenience only. In the event of any discrepancy between the Japanese version and this English translation version, the Japanese version shall prevail.
Article 16: Dispute Resolution
All disputes, controversies or differences of opinion which may arise out of or in connection with this ToU shall be finally settled by arbitration in accordance with the Commercial Arbitration Rules of the Japan Commercial Arbitration Association. The place of arbitration shall be Tokyo, Japan.
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