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Terms of Service
 

Books and Rights Marketplace
  Basic Agreement for Visitors

 
The Books and Right Marketplace is an online matching site for those who wish to sell the right to translate for publication of a foreign book and those who wish to buy it. The description of this online site is English and Japanese for a time being, but will be expanded to other language in the future. Reading in English or Japanese, a visitor may translate and publish in other language.
 
The services of the Books and Rights Marketplace are provided by Babel Corporation, 1110 University Avenue, Suite #510, Honolulu, Hawaii 96826, U.S.A. with Japan Office at Kioicho Building third floor, 3-12 Kioicho, Chiyoda-ku, Tokyo 102-0084 Japan (hereinafter called as “we” “us” “our”). The followings are the basic provisions for using the services of the Books and Rights Marketplace (hereinafter “BRM”). By reading the provisions first and confirming for agreement and taking an online registration procedure, the BRM site visitor becomes a registered guest (hereinafter called as “you”) who is deemed to execute a legally effective agreement with us may receive the BRM services from us.
 

1. Registration of You

( 1 ) In order to enter into the BRM site, you shall take the procedure for registration of the BRM reader subject
        to our formats and procedures.
( 2 ) You may not pretended to be another person existing.
( 3) The personal information provided by you to us shall be protected in accordance with the BRM Personal
       Information Protection Policy
which is shown separately. 


2. Book Release

( 1 ) On the BRM site, there appear and be available for you to see ①book press release and/or 
        ② presentation of information on those books published and to be published in a certain language.
        The BRM site is provided in (a) English and Japanese, or (b) Japanese and a language other than
        English. The term “published” in the foregoing provision includes electronic publication in addition to 
        traditional (paper) publication.

( 2 ) The uploading and appearance on the BRM site shall be based on the book press release and/or the 
        presentation of a book by (a) an author of the book, (b) a publisher who published the book, or (c) a
        translator who read the book (hereinafter respectively referred to as “Author Presentation”, “Publisher
        Presentation”, and “Translator Presentation”). As to the agreements between these who wish the book
        press release and presentation to the BRM and us, the Author Presentation, Agreement, the Publisher
        Presentation Agreement, and the Translator Presentation Agreement which are separately shown shall
        apply.

( 3 ) You may visit and enter into the BRM site and read these book press releases and presentations
        uploaded and appeared on it.

( 4 ) In relation to reading the book press releases and presentations uploaded and appeared on the BRM
        site, you may request us the following additional services under the price list separately shown: 

                             ( a ) If the book press release or presentation lacks summary or synopsis, to prepare and
                                   provide them in the language you designate (“Summary and Synopsis Service”);

                             ( b ) To intermediate for obtaining copyright permission for translation and publication
                                   (“Copyright Intermediation Service”);

( 5 ) You may present for contribution to the BRM your comment, criticism, evaluation, etc. of the books, which
        will be gratis and be uploaded and appeared on the specified column in the BRM site.
 

3.  Requirement for Your Presentation for Contribution
If you present for contribution pursuant to the paragraph (5) of the preceding clause, your presentation for contribution shall satisfy any of the following requirements:

( 1 ) Your presentation shall not be those that libel, slander, or defame any other person, nor includes any
        such expression in part of in whole;

( 2 ) Your presentation shall not include anti-social contents such as sex, violence and terrorism;

( 3 ) Your presentation shall not be those that increase racial discrimination or prejudice against a group or
        an individual, nor include any such expression in part or in whole;

( 4 ) Your presentation shall not be information falling under misreading representation or information that
        may mislead the BRM readers, nor include any such expression in part or in whole;

( 5 ) Your presentation shall not be those that advertise your own products or services to the BRM readers or
        induce them to those;

( 6 ) Your presentation shall not be those that infringe other person’s copyright;

( 7 ) Your presentation shall not be those that infringe other person’s privacy, portrait right, or trade secrets; or

( 8 ) Otherwise your presentation shall not be those that may constitute violation of law or a crime under
        penal code, or that may cause a civil liability to other person.
 

4.  Prohibited Acts
Your act that falls under any of the following shall be prohibited:

( 1 ) To transmit to the BRM site your presentation that does not accord to the said requirements prescribed
        in the preceding clause;

( 2 ) To transmit to the BRM site a chain mail, a junk mail, spam, or any other annoyable mail;

( 3 ) To use unjustly the BRM site or services in order to collect names and addresses of the BRM registrants
        or the BRM visitors;

( 4 ) To manufacture and publish your own internet site by using the services, information, or contents of the
        BRM site without obtaining prior written consent of us, or to manufacture and use otherwise derivative
        works therefrom;

( 5 ) To use inappropriately, copy, frame or mirror in part or in whole the BRM site or the services thereof
        without obtaining prior written consent of us;

( 6 ) To link with the BRM without obtaining prior written consent of us, or otherwise take means to induce the
        BRM readers to other website;

( 7 ) To change, alter or amend in whole or in part the software that is used for the BRM site;

( 8 ) To use in, transmit to or keep in the BRM a harmful or malicious code, file, script, agent or program such
        as virus, worm, time bomb, and Trojan horse.

 

5.  Our Right in and to the BRM 

( 1 ) We retain and reserve all the rights and reserve all the rights in and to the BRM site and services
        including but not limited to copyright, copyright licenses, trademark right and other intellectual property
        rights thereof.

( 2 ) You shall not copy, reprint or reproduce, change, alter or amend, publish, transmit, make available,
        acquire, grant a license to use, translate, or adopt the said rights of us or information appeared on the
        BRM site, without obtaining prior written consent of us.
 

( 3 ) Your presentation for contribution to the BRM site shall be deemed that upon presentation you grant us         automatically an exclusive, world wide, gratis, irrevocable, eternal and sub licensable license to use your         copyright in and to the presentation.  

 

6.  Non-uploading and Deletion
In the event that in our judgment your presentation for contribution to the BRM falls under the provisions stipulated in the foregoing clause 3 or 4, we may at our discretion suspend the uploading of your presentation, or delete the same out of the BRM site. You may not claim a complaint or request for damages of the measures taken by us as above.

 

7.  Disputes between the BRM Users You shall be responsible yourself for any and all disputes and controversies between you and the BRM presenter (i.e. Author Presenter, Publisher Presenter and Translator Presenter) and between you and any other visitors to the BRM. We will not intervene or intermediate in these disputes and controversies.
 

8.  Immunity from Responsibility of the BRM
 

( 1 ) We do not warrant and represent the exactness and trustability of the descriptions and information         uploaded and appeared on the BRM site. You agree and understand that it is your responsibility to use         the descriptions and information uploaded and appeared on the BRM site.   ( 2 ) We will endeavor that the BRM site will run for 24 hours a day in a normal case, provided, however, that
        we do not warrant and represent that the BRM site shall run at all times without an error or an 
        interruption. 

( 3 ) We shall not be responsible for a temporary interruption of access to the BRM site without notice which
        may occur because of system disturbance, repair, necessity for maintenance, or any other reason
        uncontrollable by us.
 

( 4 ) In any event our responsibility shall be limited to the extent of the money that you have paid us for your         using the BRM.   ( 5 ) In the event that any claim or action which may arise out of or in relation to your use of or activities in the
        BRM site is brought against us, you shall indemnify and keep harmless us from and against any and all
        loss and damage coming from such claim or action.
( 6 ) If you breach any provision in this Agreement whereby you cause any loss or damage against us, you         shall compensate us for all the damages that we suffer.     9.  Personal Information Protection Policy Your personal information to be provided in relation to the BRM shall be handled in accordance with the BRM Personal Information Protection Policy, which is shown separately.
 

10.  Miscellaneous

( 1 ) Severability
        If any provision of this Agreement is held to be invalid or unenforceable pursuant to an applicable law or
        regulation, the said provision shall be superseded by a provision that has a closest meaning in both
        parties’ intention, and all the other provisions of this Agreement shall remain in effect.

( 2 ) Assignment
        We may assign and transfer any and all rights and obligations provided herein to any other party or
        parties, provided, however, that you may not do so.
 
( 3 ) Relationship 
        You understand and agree that there arises and exists no joint venture relationship, joint enterprise
        relationship, employment relationship or agency relationship between you and us as the results of this
        Agreement and using the BRM site.
 

( 4 ) Contract 
        This Agreement becomes an effective contract between you and us by your express acceptance or by
        your using the BRM site as an implied acceptance by you.
 

( 5) Governing Laws 
        The governing laws of this Agreement shall be the laws of the United States of America or the laws of the
        State of Hawaii as to an applicable subject.
 

( 6 ) Jurisdiction         Any and all disputes and controversies which may arise out of or in relation to this Agreement or breach
        thereof shall be subject to the jurisdiction of Honolulu District Court of Hawaii.
 

11.  Change, etc. of this Agreement
We may at our discretion change, alter, amend, add, supplement, omit, or delete any provision in and to and from this Agreement at any time. You shall be subject to such change, etc., and bound by the new agreement upon the day of such change, etc. (the “Effective Date”). The change, etc. of this Agreement will be uploaded and appear on the BRM for 30 days from the Effective Date. Your continuous use of the BRM site shall be deemed that you agree such change, etc.

Last updated July7, 2010