Terms of Use

The following Terms of Use outline your obligations when using our services.
By accessing, browsing, or using this Web site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations.

 
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●Acceptance of Terms

[BraryNavi®DL] (referred to as BraryNavi® below) is an online contents mail-order service of audio sightseeing guides of Kyoto City administrated by Cassettte Museum Corporation (referred to as Cassette Museum® below).
Accessing or using any of the Cassette Museum® content or services (as defined below), you agree to become bound by these terms and conditions.

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●Property Rights

<Property Rights>
You acknowledge that all intellectual property rights of BraryNavi® services belong to the Licensor Cassette Museum®, that rights of BraryNavi® products are licensed (not sold) to you, and that you have no rights in, or to, the Cassette Museum® other than the right to use them in accordance with the terms of this License.

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●Registration Obligations

<Service Provision>
Cassette Museum® products and services will be offered from and within Japan. In addition, any after services or maintenance offered following product acquisition is limited within Japan as well.

<Service Registration of a Minor>
Services are available only to individuals who are of legal age, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.

<Quantity Limitation of Service>
Acquisition of more than one of the identical Cassette Museum® content is limited to one per person.

<Restrictions of Material Resale>
Services are deemed to be licensed to you by Cassette Museum®, for your personal, non-commercial home use only.
Cassette Museum® retains full and complete title to the Software as well as all intellectual property rights therein.
You may not sell, redistribute or reproduce the Software, nor may you decompile, reverse engineer, disassemble or otherwise convert the Software to a human-perceivable form.

<Restrictions of Product Disposition>
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Cassette Museum® or others.
These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

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●Establishment of Mail-Order Terms

<Registration Notice>
Once Cassette Museum® has confirmed your bank deposit transaction is successful, you will receive a registration confirmation notice within 1 business day via e-mail. However, if you choose to select a credit card as your method of payment, you will receive the registration confirmation notice immediately via e-mail.

<Establishment of Mail-Order Terms Timeline>
You agree to become bound by the Mail-Order Terms and Conditions once you have received a notice of the Mail-Order Terms of Cassette Museum® being established.

<Notice of Delivery>
Along with the notice of Mail-Order Terms and Conditions agreement, Cassette Museum® will send a notice of the delivery deadline of products.
In the case of a download service, you can find the download link along with the time of how long it will be available to access in the notice.

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●Pricing and Invoicing

The prices stated in Yen referred to as [Total] include tax and postage on the website.
Cassette Museum® will only receive the amount of the total you have ordered and has been stated in your invoice.

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●Payment Regulations

<Payment Method>
Your credit card transaction will be processed through the Credit Card Transaction System administrator [remise] or a bank deposit through a Cassette Museum® designated account.
In the case of a product order of the CD version, you may pay upon arrival of product.
Customers are responsible for service charges.

<Using a Credit Card>
You may not use a credit card that is not in your own name.
When you make a credit card registration, your credit card company will send Cassette Museum® your credit information such as your name, address and telephone number.

<Term of Bank Deposit Payments>
Bank deposit payments must be made within 5 business days of the registration under the agreement of the registration terms and conditions.
In the case we cannot confirm that transaction, it will be assumed that you have revoked your contract with Cassette Museum®.

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●Establishment of Mail-Order Terms

<Registration Notice>
Once Cassette Museum® has confirmed your bank deposit transaction is successful, you will receive a registration confirmation notice within 1 business day via e-mail.
However, if you choose to select a credit card as your method of payment, you will receive the registration confirmation notice immediately via e-mail.

<Establishment of Mail-Order Terms Timeline>
You agree to become bound by the Mail-Order Terms and Conditions once you have received a notice of the Mail-Order Terms of Cassette Museum® being established.

<Notice of Delivery>
Along with the notice of Mail-Order Terms and Conditions agreement, Cassette Museum® will send a notice of the delivery deadline of products. In the case of a download service, you can find the download link along with the time of how long it will be available to access in the notice.

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●Conditions of Download Content

<Download Content Availability>
Cassette Museum® will stipulate a certain time frame of download content availability.
The content will be available for download from Cassette Museum® for 7 days including the day we give you notice of the download link.
The link will be dead after your download term has finished.

<Number of Time Content can be Downloaded>
The number of times certain content is available for download is varied.
It will be shown in the content details.

<In The Case Content is Not Downloaded Within the Given Time Frame>
Cassette Museum® will not take responsibility or be held liable for content not being downloaded within the time frame under any circumstances that doest not involve the indiscretion or accountability of Cassette Museum®.
Cassette Museum® will also not return any funds for users who fail to download content within the given time frame.

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●Digital Contents Terms of Use

<Conditions of Decoding and Encoding>
Cassette Museum® has not assigned any limitations to the content regarding decoding or encoding content. However, if customers choose to decode or encode products after purchase, they may do so on their own initiative and are responsible for any loss or damage.
Cassette Museum® will not be held liable for any special or consequential damages.

<Terms of File Distribution>
You may use the purchased product for your personal, non-commercial home use only.
Distribution or reselling to third parties for productive purposes is restricted.
Consequently, users may not use purchased contents from Cassette Museum® to be exchanged in a digital environment where files are exchanged for other files on the internet.
Cassette Museum® may claim compensation in the case that the terms above are broken.

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●Confirmation After Delivery of Goods

Once you have received the content under the Terms of Use from Cassette Museum®, please confirm the file promptly for the quantity and content accuracy. If in the case the quantity or merchandise or the wrong product has been delivered, please contact Cassette Museum® within 7 days of delivery and we will exchange or correct the error.
However, users may not request exchange or addition of orders based on user initiated interests.
If in the case that packaging of product has been damaged, Cassette Museum® will not be held responsible.
However if actual product has been damaged due to damages of packaging, Cassette Museum® will take responsibility according to the Terms and Conditions.

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●Change of Ownership

<Ownership Transfer Term>
Under the Cassette Museum® Terms and Conditions, the possession of products offered through our mail-order services will be with the consumer after it has been delivered from Cassette Museum®.

<Intellectual Property Rights and Management>
You acknowledge that all intellectual property rights in the Cassette Museum® mail-order services belong to the Licensor, that rights in Cassette Museum® are licensed (not sold) to you, and that you have no rights in, or to, the Cassette Museum® than the right to use them in accordance with the terms of this agreement.

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●Returns Under Customers Interests

Once mail-order contents have been delivered to you from Cassette Museum®, and the items are not faulty or there are no problems with the quality, we will not accept returns.

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●Defective Digital Contents

Cassette Museum® will take responsibility for any products you have purchased under the mail-order Terms and Conditions.
Cassette Museum® will exchange items within 10 days from delivery date (limited to CD recording defects or physical defects from unprotected packaging etc.)
In the case that products were not damaged under these circumstances, Cassette Museum® will not be liable for any defective items unless it falls legitimate under the Cassette Museum® Terms and Conditions.

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●Cassette Museum® Product Liability

If you will suffer any loss or damage from the mail-order products of Cassette Museum® that have been a direct cause of its products, Cassette Museum® will take responsibility of the damages within 6 months of purchase.
Cassette Museum® will not be responsible for failures to fulfill any obligations due to causes beyond its control. Cassette
Museum® will not be responsible for any lost profit or any circumstance that is not a direct cause of Cassette Museum®.

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●Responsibility of Debt Default

In no event shall Cassette Museum® have any liability whatsoever for any lost profits, records or data, interruption of service or loss of business or business opportunities, including without limitation, damages caused beyond its control.
Cassette Museum® will not be liable to you or any third party for any indirect, incidental, consequential, punitive or special damages, arising in the connection with or related to use or inability to use Cassette Museum® services, even if advised in the possibility of such damages.
In no event shall Cassette Museum® be liable for any direct damages arising in connection with the Cassette Museum® service in excess or the greater of the price paid by you for the content giving rise to the damage.

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●Force Majeure

In any circumstance where under the Terms and Conditions, Cassette Museum® is not able to fulfil its obligation owing to fore majeure or any natural disaster, Cassette Museum® has the right to terminate the mail-order contract.
At that time Cassette Museum® will reimburse or charge for any unpaid balance.

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●Digital Content Reproduction is Prohibited

You shall not copy, reproduce, distribute or use the Cassette Museum® content in any other manner. You shall not sell, transfer, lease, modify, distribute or publicly perform the Cassette Museum® Content in any manner and you shall not exploit it commercially.
Do not decompile, disassemble, or reverse engineer the Cassette Museum® Content or attempt to do so; or modify Cassette Museum® Content or create any derivative works there from this license to the Cassette Museum®

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●Court of Jurisdiction

This License is governed by Japanese law. Any dispute arising from, or related to, any term of this License shall be subject to the non-exclusive jurisdiction of the Kyoto District Courts.

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●Application of Laws

This agreement of the Terms and Conditions is governed by Japanese law.
Acts of copyright infringement of digital contents will be settled under International Copyright laws and jurisdiction.

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●Modifications of Terms of Use

Cassette Museum® has the right to make changes at any time without notice to the Terms and Condition license, materials available on this site, the products described on this site.

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●Supplimentary Clause

Revised: December 14th, 2006