The following terms and conditions (the "Terms and Conditions") govern your access to and use of our Web Site located at http://www.numatacenter.com (the "Site" or "Web Site") and the content on the Site. The Web Site and content are made available by Bukkyo Dendo Kyokai America, Inc. and the Numata Center for Buddhist Translation and Research. We may change these Terms and Conditions from time to time, by posting such changes on the Site. BY USING THE SITE AND CONTENT, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR ACCESS TO AND USE OF THE SITE OR ITS CONTENT. If you do not agree to these Terms and Conditions, you should not visit or use the Site or its content.

1. Proprietary Rights. As between you and BDK, and except for your Submitted Materials (as defined in Section 6 below), BDK owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, translations, text, literary works, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site.

2. Translations. The translations made available on the Site are made available to you pursuant to the Creative Commons "Attribution-Noncommercial-Share Alike 3.0" license agreement, provided that, in addition to the requirements set forth in the "Attribution-Noncommercial-Share Alike 3.0" license agreement, if you create and Distribute an Adaptation of a translation, you must Distribute along with such Adaptation a written statement of what specific textual changes you have made as well as the pre-adapted text.

3. Prohibited Use. Any commercial distribution, publishing or exploitation of the Site, or of any content, code, data or materials on the Site, is strictly prohibited unless you have received the express written prior permission of BDK or the applicable rights holder. If you do make any such prohibited use of the Site, or the content, code, data or materials thereon, or if you engage in any activity that is outside the scope of the limited license granted to you in Section 2 above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

4. User Information . In the course of your use of the Site, you may be asked to provide certain personalized information to us. Our information collection and use policies with respect to the privacy of such information are set forth in the Site's Privacy Policy, which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.

5. Submitted Materials . Any and all information, reviews, comments, communications, creative and academic works, demos, ideas, photographs, suggestions, concepts, depictions, methods, systems, designs, plans, techniques, search priorities, search algorithms for text or terms on the Site, or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our Site or the message boards, or "drop boxes" that may be available on or through the Site, or that which you send to us via e-mail) (collectively, "Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms and Conditions and the Site's Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you and that no other party has any rights thereto, or that you have the necessary licenses, rights, consents and permissions to use such Submitted Materials and submit them to the Site, and that any "moral rights" in having the Submitted Materials edited, removed, modified, published, transmitted or displayed in a manner not agreeable to you have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it into other works in any form, media, or technology now known or later developed (including, without limitation, any web sites owned or operated by us). We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.

6. Prohibited User Conduct. You warrant and agree that, while accessing or using the Web Site, you shall not:

   • impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Site or BDK;
   • insert your own or a third party's advertising, branding or other promotional content into any of the Site's content, materials or services (for example, without limitation, in an RSS feed received from BDK or otherwise through the Site);
   • obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided for through the Site;
   • engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site;
   • use the Site or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other party's use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests;
   • use the Site or its services in violation of BDK's or any third party's intellectual property or other proprietary or legal rights;
   • use the Site or its services in violation of any applicable law; or
   • attempt (or encourage or support any one else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or its services.

   You alone are responsible for the content and consequences of any of your activities while you are visiting or using the Site.

7. Public Forums . The Site may include messaging services, bulletin boards, "drop boxes," members-only areas, and other similar forums and services. In addition to any other rules or regulations that we may post in connection with a particular feature or service, you agree not to:
   
   

   • upload, post, transmit, distribute or otherwise publish to, on or through the Site, any materials which are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
   • violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right; or
   • upload, post, publish, distribute or otherwise transmit any information or material to, on or through the Web Site, which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind.

8. Right to Monitor and Editorial Control. BDK reserves the right, but does not have nor assume any obligation, to monitor and/or review any content or materials posted to the Web Site or through the Web Site's services or features by users, and BDK is not responsible for any such materials. However, BDK reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in BDK's sole discretion are objectionable or in violation of these Terms and Conditions, BDK's policies or applicable law. We may also impose limits on certain features or restrict your access to part or all of the Site without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice of liability.

9. Linking to the Web Site. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is "framed," surrounded or obfuscated by any third party content, materials, advertising or branding. We have the right to insist that any link to the Web Site be discontinued, and to revoke your right to link to the Web Site from any other web site at any time.

10. Indemnification. You agree to defend, indemnify and hold BDK, its affiliates, and its and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising from (i) your access to or use of the Site, (ii) your placement, submission or transmission of any message, content, information, software or other materials on, to or through the Site, or (iii) your breach or violation of the law or of these Terms and Conditions. BDK reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to cooperate with any such defense.

11. Third Party Web Sites. You may be able to link from the Web Site to third party web sites and third party web sites may link to the Web Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided on Linked Sites. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such sites or the information, content, products, services, advertising, code or other materials presented thereon. Any reliance on a Linked Site is done at your own risk and you assume all responsibilities and consequences resulting such reliance.

12. Copyright Agent. We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to BDK's Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(2), named below:

    • Your address, telephone number, and email address;
    • A description of the copyrighted work that you claim has been infringed;
    • A description of where the alleged infringing material is located;
    • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
    • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

    Copyright Agent:

    Numata Center for Buddhist Translation and Research
    2620 Warring Street
    Berkeley, CA 94704
    Phone: (510) 843-4128
    Fax: (510) 845-3409
    e-mail: sales@NumataCenter.com
    
    

13. DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, SUBMITTED MATERIALS, FUNCTIONS AND MATERIALS THEREON, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. BDK ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.

    WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. BDK DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND BDK EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT OR INFORMATION CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES.

14. LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL BDK, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, YOUR ACCESS TO OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, ANY SUBMITTED MATERIALS). IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO BDK FOR YOUR USE OF THE SITE OR SERVICES VIA THE SITE.

15. Applicable Laws. We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms and Conditions waive their respective rights to a trial by jury.

16. Termination. BDK has the right to terminate, change, suspend, impose limits on or discontinue any aspect of the Site or the Site's services, or your access to or use thereof, at any time, if we believe you are in breach of these Terms and Conditions, BDK's policies or applicable law, or for any other reason without notice or liability. BDK maintains a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.

17. Contacting the Web Site . If you have any questions relating to the Web Site, or if you would like to submit a complaint or other report to us (including, without limitation, any suspected violations of these Terms and Conditions or applicable law, or any misconduct or other behavior by other users of the Web Site), please contact us at: sales@NumataCenter.com.

18. Miscellaneous. The Terms and Conditions and the relationship between you and us shall be governed by the laws of the United States and the State of California, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of California, County of Alameda. You agree to submit to the personal and exclusive jurisdiction of the courts located within Alameda County in the State of California. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.