Japanese Buddhist Art
in European Collections

These Standard Terms of Use have been written by “us” to give “you”, the user of this “Database”, permission to “use” “Materials” found on it for “Approved Purposes”. What these words mean is explained in detail in the clauses 1-7 below. Please read the whole of these Standard Terms of Use carefully, because you are only permitted to use this Database if you agree to them and, by using this Database, you are deemed to agree to them. All the Materials in this Database are protected by internationally recognized laws of copyright and intellectual property. All materials on this Database are the intellectual property of third parties (from whom we have made all reasonable efforts to obtain their consent to include their collection in our Database). Unless we expressly state otherwise on a webpage, these Standard Terms of Use are uniformly applicable throughout our Website; and in the event of any ambiguity with other terms and conditions found on our Website these Standard Terms of Use shall always govern.

1. Definitions

In these Terms of Use:
1.1 “Approved Purposes” means not more than purposes which are exclusively non-commercial and:
Educational;
Academic;
Scholarly; or
Motivated by private interest.
1.2 “Owner” means any individual, individuals, entity or entities other than us, who agreed to participate in our project and deliver us the information and images of their collection objects (the Materials).
1.3 “Materials” means, to the extent it is protected copyright work, all or any part of any text, image, audio, video or any other type of media in any format contained and comprised in the Website.
1.4 “Use” of and “using” Materials for Approved Purposes shall be deemed to mean in each in applicable context not more than:
(a) Storing Materials in any media that is private and not accessible on the World Wide Web;
(b) Altering by cropping (but not by other alteration); projecting or displaying as part of a lecture or in classroom teaching any Materials that are image files;
(c) Translating Materials that are text files into other languages by clear mentioning of source and owner.
1.5 “We” “our” “us” means the Hosei University Research Center for International Japanese Studies (not the Hosei University in its entirety);
1.6 “Database” means our web-based Database JBAE and any sub-domains;
1.7 “You” “your” refers to you, a private individual or a charity, society, institution or trust that exists exclusively for public benefit exercising rights under the licenses set out here who has not previously violated these Terms of this Use (or who has received express permission from us to exercise rights under these Terms of Use despite a previous violation). If you do not fall within this meaning you are not permitted to use our Materials by these Standard Terms of Use.

2. Use of Materials

In return for your agreement to abide by these Standard Terms of Use we permit you to use Materials for Approved Purposes only. You also promise that you will not infringe the intellectual property rights of Owners of whom you are given notice in the Database. You must keep intact their copyright notices on the Materials where they are provided by us and you must use any acknowledgement required by us for the purpose of attribution in the manner when using Materials belonging to Owners. You must not distort, mutilate, modify or take other derogatory action prejudicial to Owner’s reputation in relation to their Materials.

3. Disclaimer

3.1 We have taken every effort and care in preparing Materials, however we disclaim all warranties, express or implied, as to the accuracy thereof, and Materials shall at all times constitute work in progress which we may change without notice. We shall not be liable for any loss or damage arising from your use of or reliance on Materials.
3.2 Every reasonable effort has been made to seek appropriate permission from photographs who made the photographs used throughout the site.

4. Termination

4.1 The license and the rights granted hereunder will terminate automatically upon any breach by you of these Terms of Use.
4.2 We reserve the right to release Materials under different license terms or to stop distributing Materials at any time.

5. Consequential loss

Except to the extent required by applicable law, in no circumstances will we be liable to you in law for any special, incidental, consequential, punitive or exemplary damages arising from your use of Materials or these Terms of Use, even if we have been advised of the possibility of such damages.

6. Entire agreement

These Terms of Use constitute the entire agreement between the parties with respect to the Materials. Unless otherwise expressly stated by us in writing to be additional hereto, there are no understandings, agreements or representations with respect to the Materials not specified here. We shall not be bound by any additional provisions that may appear in any communication from you. These Terms of Use may not be modified at any time except by us in communication with the Owner.

7. Applicable law

You agree that the terms and conditions of your use of our Database shall be governed by, and construed in accordance with, Japanese law and you agree that the courts of Japan shall have exclusive jurisdiction in relation to any dispute or matter arising in connection with these terms and conditions and conditions and your use of this Database.