The Japan Times Digital Terms of Service

Section 1. Definitions

In The Japan Times digital Terms of Service (hereinafter called the “Terms”), the words and terms listed below shall have the meanings respectively ascribed to them as follows.

1. “Company” means The Japan Times, Ltd.
2. “Membership Service” means The Japan Times Membership Services.
3. “TOM,” standing for the terms of membership, means the Terms of Service for The Japan Times Membership Service.
4. “Member” means an individual registered for the Membership Services.
5. “News Site” means the website operated by the Company to deliver news and articles (URL: https://www.japantimes.co.jp/).
6. “ePaper Edition” refers to a digital paper reading service using the platform of PressReader Inc. (based in British Columbia, Canada).
7. “Services” means The Japan Times digital, which generally refers to fee-based electronic information services provided by the Company through the Member Site, the News Site, or email to make such information accessible through personal computers, tablets, or other portable terminals.
8. “Account ID” means the identification code necessary for a specific Member to receive the Services. The Account ID is an ID registered by the Member when signing up for the Membership Service.
9. “My Account” means a section of web pages provided through the Membership Service which are individualized and made accessible solely to the specific Member.
10. “Personal Authentication Information” means the Account ID and password necessary for receiving the Membership Service or the Services.
11. “Digital Subscriber” means an individual user of the Services.
12. “Applicant” means an individual who wishes to become a Digital Subscriber.
13. “Digital Subscription Package” means any one of the pre-customized patterns for the Services.
14. “Digital Subscription Agreement” means an agreement between the Company and a Digital Subscriber to allow the Digital Subscriber to receive the Services under the designated Digital Subscription Package.
15. “Digital Subscription Fee” means a fee for receiving the Services under the Digital Subscription Package.
16. “Change of plan” means the switching from the current subscription plan to another subscription plan in the middle of a subscription period.
17. “Registered Information” means the information registered by a Digital Subscriber.
18. “Personal Information” means the information concerning Members, Digital Subscribers, and Applicants acquired by the Company which can identify a specific individual.
19. “Privacy Policy” means the Japan Times Privacy Policy, which is the Company's policy on privacy protection.

Section 2. Application of these Terms and Scope of Application

1. These Terms shall apply to all Digital Subscribers and Applicants, as well as to use of any content provided through the Services.
2. Each Digital Subscriber shall be required to have fully acknowledged and agreed to these Terms.
3. Unless otherwise specified in these Terms, or unless inconsistent with the purport of these Terms, matters not specified in these Terms shall be governed by applicable provisions of the TOM, either as they are or with appropriate modifications. If these Terms are inconsistent with the TOM in any respect, these Terms shall prevail.
4. These Terms shall not apply to regular home delivery subscription to “The Japan Times” or “The New York Times” (hereinafter called “Newspaper Subscription”). Newspaper Subscription requires a separate Newspaper Subscription agreement.
5. Special terms and conditions, comprehensive guidance, usage guides, help information, and other rules or instructions separately specified by the Company in relation to the Services (hereinafter collectively called “Special Conditions”) constitute an integral part of these Terms. If these Terms are inconsistent with any Special Conditions, the latter shall prevail.
6. These Terms may be revised from time to time. These Terms as revised shall take effect from the time when they are announced on the News Site, unless otherwise specifically stated. However, fee revision shall be subject to the conditions stated in Section 4.9.

Section 3. Eligibility for Signing Up for Subscription

1. To receive the Services, registration for the Membership Service shall be required and the sign-up procedure specified by the Company shall be followed.
2. A Digital Subscription Agreement shall come into force between the Company and an Applicant upon acceptance by the Company of the Applicant's sign-up in the specified form. In this regard, the Applicant shall be deemed to have agreed to the TOM and these Terms upon signing up in the specified form.
3. Digital Subscription Fees shall be paid by credit card. The Services are therefore available solely to those who hold a credit card in their own name which shall be of any type as listed in Exhibit 1 “List of Qualified Credit Cards.”
4. The Company may decline to accept sign-up for digital subscription in any of the cases listed below. If sign-up for digital subscription is not accepted, the reason for non-acceptance will not be disclosed to the Applicant, and this Applicant cannot raise any objection to the Company's decision of non-acceptance and its consequences.
   1. The Registered Information is incomplete or contains a false statement.
   2. The credit card designated by the Applicant is suspended or otherwise made unavailable for payments by the credit card company, financial institutions, etc., or it is determined difficult for this Applicant to make credit card payments on other grounds.
   3. Accepting such sign-up may be detrimental to the Company's business or technical operation.
   4. The Company reasonably determines that it is inappropriate to accept such sign-up on other grounds.

Section 4. Digital Subscription Fees and Payments

1. When signing up for the Services, an Applicant may select any Digital Subscription Package from those listed in Exhibit “Lineup of Digital Subscription Packages.”
2. The subscription rates for the subscription plans offered by the Service are set for each subscription plan. The subscription fee is indicated at the time of application, and by completing the application, you agree to pay the indicated subscription fee.
3. The monthly billing date is based on the application date, and a month is defined as the period from the same day of each month to the same day of the following month, with the same day of each month being the billing reference date for the current month. The billing reference date for the current month is the same day of each month. (All times are Japan Standard Time.) However, if the same day does not exist in the month following the application date, the month is counted as the last day of the following month. Example: When the signup date is May 31, the month shall be counted from May 31 to June 30 (since there is no June 31).
4. The billing date for annual payment is based on the date of application, and the billing reference date for the current year is the same day each year until the same day the following year. (All times are Japan Standard Time.) However, the billing date may be changed if the date does not exist in the year following the application date.
5. If you apply for a different subscription plan during the subscription period, the digital subscription fee for the current month will be charged at the time the digital subscription contract is formed.
6. Unless you cancel or change your plan during the subscription period, your digital subscription will be automatically renewed with the same subscription plan as of the billing reference date.
7. Throughout the period of a Digital Subscription Agreement, the applicable Digital Subscription Fee shall be charged at each billing time, regardless of whether the Services are actually used or not thereunder.
8. Under no circumstances shall the Company be obligated to refund any Digital Subscription Fees or other amounts already paid to the Company.
9. If the Company intends to revise the fee schedule for the Services, the Company shall announce the intended revision on the Member Site and notify the Digital Subscribers through the Services (including electronic mail) in advance. Then, the revised fee schedule shall be effective from the month specified by the Company and, from this month, payments shall be processed based on the revised fees.
10. Digital Subscription Fees shall be paid by credit card. Billing dates and other conditions for credit card payments are governed by the rules prescribed by respective credit card companies.
11. Given that the fees for the Services are to be paid by credit card, no billing statement is issued by the Company. The purchase history can be viewed on the My Account page of each Digital Subscriber.

Section 5. Payment Currency

1. The currencies allowed for credit card payments for the Services shall be designated as follows.
   - Japanese yen
   - US dollars
2. If the currency for the Digital Subscription Package selected by a Digital Subscriber differs from the official currency of the country or territory where the Digital Subscriber's credit card in use has been issued, exchange rates actually applied will be stated in billing statements issued by the credit card company or checked with the credit card company.
3. If the initial payment following sign-up is made in a currency other than the official currency of the country or territory where the credit card in use has been issued and such sign-up is subsequently cancelled, foreign exchange gains or losses may arise, depending on the difference between the exchange rate at the time of signing up and the exchange rate at the time of cancellation. In addition, some credit card companies may charge commissions on transactions denominated in foreign currencies, regardless of whether they are processed or subsequently cancelled. Cancellation of transactions by credit card is subject to the rules prescribed by respective credit card companies, the details of which should be confirmed by each Digital Subscriber directly with the relevant credit card company.

Section 6. Outsourcing of Credit Card Processing Operations

1. The Company outsources credit card processing operations for the Services to Stripe Japan, Inc. (hereinafter “Stripe”). The Company will therefore disclose and provide the information concerning credit cards of respective Digital Subscribers to Stripe, i.e., the credit card number, expiry date, and internal identification code which in itself cannot identify the specific individual.
2. Each Applicant acknowledges and agrees that Stripe will process payments of Digital Subscription Fees for and on behalf of the Company and that the Company will disclose and provide the information necessary for such processing to Stripe.
3. After the necessary information described in Section 6.1 is disclosed and provided to Stripe, the Company shall delete the credit card information of the Digital Subscribers, including their credit card number and expiry date, which shall no longer be retained by the Company.

Section 7. Services

1. The Services are available in the operating environment specified by the Company.
2. To receive the Services, authentication by use of the Personal Authentication Information is required.
3. Digital Subscribers shall at their respective cost and on their own account prepare machine models, devices, facilities, operating systems, networks, telecommunication environment, and other items required for receiving the Services.
4. Access to or use of the Services may be subject to certain restrictions, depending on the conditions of machine models, devices, facilities, operating systems, networks, telecommunication environment, or other items utilized by respective Digital Subscribers.
5. The clock times for renewal, monthly billing, and other processing for each Digital Subscription Package shall be recognized in accordance with the Japan Standard Time.

Section 8. Confirmation and Change of Registered Information

1. Members and Digital Subscribers can confirm their own Registered Information through their respective My Account pages.
2. If there is any change in the Registered Information, the Digital Subscriber shall promptly edit and update the Registered Information through the My Account pages. The Company shall not in any way be liable for any detriment that may be incurred by the Digital Subscriber because of failure to update the Registered Information.

Section 9. Personal Information

1. The Company shall stringently control and properly handle Personal Information in accordance with the Privacy Policy.
2. Even after unsubscribing or the expiration of the Digital Subscription Agreement, the Personal Information concerning the Digital Subscriber will remain undeleted and be continuously retained by the Company until the Digital Subscriber withdraws from the Membership Service in accordance with the procedures specified by the Company and pursuant to the TOM, in which event such Personal Information shall be handled with adherence to the Privacy Policy.
3. Even after unsubscribing, expiration of the Digital Subscription Agreement, or withdrawal from the Membership Service, the billing history, payment history, or other data concerning the Digital Subscriber which are required to be retained under applicable laws shall be kept in custody by the Company in accordance with relevant laws. In addition, the Company may keep any Personal Information in custody to the extent required for its business operations, in which event such Personal Information shall be handled with adherence to the Privacy Policy.
4. Personal Information may be utilized by the Company solely within the scope of utilization described as follows. In addition, if the Company has obtained prior consent of the person relevant to the Personal Information, the Company may utilize the Personal Information to the extent authorized by such consent.
   1. Provision of the Services and operations relating to the Services (including operations for processing sign-up, unsubscribing, confirmation of subscription, notification of renewal or re-signing, billing, payment and settlement, collection, and other related notification or announcement)
   2. Research, questionnaire surveys, and analysis aiming at improvement of service quality
   3. Introduction of goods or services offered by advertisers, sponsors, or other partners for the Services
   4. Introduction of newspapers, books, or other services offered by the Company

Section 10. Unsubscribing

1. If a Digital Subscriber wishes to cancel the Digital Subscription Agreement, the unsubscribing procedure shall be taken in the manner specified by the Company.
2. If you cancel any digital subscription plan during the subscription period, you may continue to use the plan until the day before the next billing reference date.
3. Digital subscriptions for each plan will be charged in full and no prorated fee will be refunded, even if you cancel the subscription in the middle of the subscription period.
4. If a Digital Subscriber is unable to cancel the Digital Subscription Agreement because of loss of Personal Authentication Information or for any other reason attributable to the Digital Subscriber, the Company shall not be obligated to carry out the cancellation process for this Digital Subscriber.
5. Digital subscribers can continue to use the news site as a free member even if they cancel or terminate their digital subscription contract.
6. The status as a Digital Subscriber is valid solely for the Digital Subscriber him/herself. When the Company becomes aware that a Digital Subscriber has deceased, the unsubscribing procedure shall be carried out in behalf the Digital Subscriber under　Section 10.1 of these Terms at the time that the Company became aware of the fact.
7. In no event shall the Company be liable for any damage that may be incurred by any Digital Subscriber due to any actions taken by the Company under Section 10.

Section 11. Termination of Agreement; Unavailability of Services

1. If a Digital Subscriber falls under any of the cases listed below, the Company may, without prior notice, terminate the Digital Subscription Agreement with the Digital Subscriber and make the Services unavailable to the Digital Subscriber.
   1. The Digital Subscriber fails or refuses to pay any Digital Subscription Fee or other obligation on its due date.
   2. The Digital Subscriber's Registered Information contains false or incorrect information.
   3. The credit card designated by the Digital Subscriber is suspended by the credit card company.
   4. The credit card designated by the Digital Subscriber is disabled.
   5. The Digital Subscriber is forced by the Company to withdraw from the Membership Service.
   6. The Digital Subscriber breaches these Terms.
   7. It is determined by the Company on any other reasonable grounds that the Digital Subscriber should be disqualified.
2. In the context of processing credit card payments for the Services, if the expiry date of the credit card being used for payments of Digital Subscription Fees is modified at any time during the period of a Digital Subscription Agreement with each subscription plan, the Company's credit card payment system may determine at the reference time for the next monthly billing that a situation falling under Section 11.1(4) occurs as a result of such modification, which may invoke termination of the Digital Subscription Agreement. If the Digital Subscriber wishes to renew a subscription, the Digital Subscriber shall be required to sign up for a new Digital Subscription Agreement with a credit card bearing a valid expiry date.
3. The Company will not accept any inquiries or complaints regarding unavailability of the Services imposed on any Digital Subscriber or termination of the Digital Subscription Agreement with any Digital Subscriber.
4. In the event of termination of the Digital Subscription Agreement, the Digital Subscriber shall forfeit the benefit of time and all monetary obligations owed by the Digital Subscriber to the Company (including unpaid fees for the Services) shall be immediately performed in full.
5. If the Company incurs any damage since a Digital Subscriber has breached Section 13 of the TOM or falls under any of the cases listed in Section 11.1 above, the Company shall be entitled to claim compensation for damages against the Digital Subscriber, regardless of whether termination of the Digital Subscription Agreement is invoked or not.
6. In no event shall the Company be liable for any damage incurred by any Digital Subscriber due to unavailability of the Services imposed under Section 11.1 above.

Section 12. Suspension of the Services

1. The Company may suspend the Services in whole or in part for a certain period of time without advance notification to Digital Subscribers on the occurrence of any of the following events:
   1. Regular or emergency maintenance of information systems. In the case of planned system maintenance, however, suspension of the Services shall be announced to Digital Subscribers in advance.
   2. Natural disaster, power outage, connection troubles or any other event not attributable to the Company.
   3. The Company being unable to provide the Services on any other reasonable grounds.
2. Even in the case where the Services are suspended in whole or in part for a certain period of time pursuant to Section 12.1 above, no Digital Subscribers shall be relieved of the obligation to pay the Digital Subscription Fees for the time the Services have been available.
3. If the Services are suspended in whole or in part for a certain period of time pursuant to Section 12.1 above, the Company may be unable to process sign-up for digital subscription or a request to unsubscribe to the Services at any point of time or for any period of time. The Company shall not be liable for any detriment that may be incurred by any Applicant or Digital Subscriber because of the Company's failure to respond to such signing up or requests.

Section 13. Termination of the Services

1. The Company may terminate the Services in whole or in part upon prior notice to the Digital Subscribers.
2. Each Member hereby acknowledges and agrees that the Company shall have no liability resulting from the termination of the Services in whole or in part so long as the Company has notified the Member under Section 13.1.

Section 14. Copyright

1. The copyright to the Services shall be vested in the Company. The copyright and other rights to articles, images, programs, and other items constituting the Services (hereinafter collectively called “Content”) shall be vested in the Company or duly authorized third parties, as the case may be.
2. Regardless of who holds the copyright to any specific items of Content constituting the Services, the copyright of the layout, design and structure, and the database containing Content shall be vested in the Company.

Section 15. Prohibited Acts

In using the Services, each Digital Subscriber must not engage in any acts that fall under any of the following items. When the Company judges that a Digital Subscriber engages in acts which fall under any of following items, the Company may, without prior notice or warning, delete data sent to or by the Digital Subscriber via the Services, temporarily suspend the Digital Subscriber's use of the Services, erase the Digital Subscriber's registered account, and/or terminate the Digital Subscriber's Digital Subscription Agreement to use Services.

1. Providing or redistributing the News Site or individual content, etc., included in the News Site to any third party
2. Duplicating, editing, processing, translating, adapting, publishing, reproducing, distributing, broadcasting, dictating, exhibiting, selling, publicly transmitting (including making content transmittable or posting on internet websites or intranets) or modifying the News Site or individual content, etc., included in the News Site, excluding within the regular functionality of the News Site itself, or any other acts that violate the rights of the Company or any third party whatsoever
3. Using the News Site for commercial purposes, or in preparation for such purposes, or acts that lead to fraud or other criminal acts
4. Using the News Site when impersonating another Digital Subscriber or third party
5. Making unauthorized access to or placing excessive load on, the News Site or other computer systems or networks connected to the News Site, sending harmful computer programs, or hindering the operation of the News Site
6. Data mining of the News Site and using robots or other data collection or extraction tools, etc.
7. Illegal acts that violate laws and regulations
8. Any and all acts judged by the Company to be inappropriate, in addition to those provided for under the items above

Section 16. Damages

If a Digital Subscriber's breach of these Terms causes any damage to the Company, the Company may claim compensation for damages against the Digital Subscriber.

Section 17. Governing Law and Jurisdiction

1. These Terms shall be governed by and construed in accordance with the laws of Japan.
2. Each Digital Subscriber and the Company consent to the exclusive jurisdiction as of the first instance of the Tokyo Summary Court or the Tokyo District Court of Japan with respect to any matter arising between the Digital Subscriber and the Company relating to the Services.

Section 18. Japanese Version to Govern

The original version of these Terms has been prepared in Japanese. In the event of any discrepancy between the English and Japanese versions, the Japanese version will govern.

Exhibit: Lineup of Digital Subscription Packages

Each subscription plan for this service and notes on changing plans are listed below.

■ Digital Subscription Plans

• STANDARD（Monthly）
• STANDARD（Annually）
• PREMIUM（Monthly）
• PREMIUM（Annually）

(Note) ePaper edition is a benefit of PREMIUM and cannot be subscribed to separately.

■ Points to note when changing plans

• You can change to another subscription plan during the contract period. However, you cannot change the currency of a payment plan (eg. from the dollar payment plan to the yen payment plan or vice versa).
• If there is a difference it will be charged when the plan is changed. The difference is calculated based on the number of days elapsed for each subscription plan during the contract period.
• From the next billing reference date after the change of plan, you will be charged the digital subscription fee of the changed subscription plan.