The Operator, Soryu -sha Ltd. (hereinafter “the Company”) sets forth the following terms of use (hereinafter “these Terms of Use”) for the online database services provided by the Company (hereinafter “the Services”). These Terms of Use shall be the rules applicable to users and registered users of the Services. Please read these Terms of Use carefully to ensure comfortable use of the Services.
The following definitions apply to the terms used herein:
| Services | The online database services provided by the Company |
|---|---|
| Website | The website where the Services are provided |
| Content | Audio, image and character data and other information provided by the Company through the Services |
| Subscriber | An individual or entity which is a subscriber of the Services |
| User | A subscriber of the Services, or if the subscriber is an entity, a person who belongs to the entity and has been authorized to use the Services |
| ID | A unique string of characters held by a registered user to use the Services |
| Password | A code set by a registered user corresponding to the ID |
| Account Activation | To enable a subscriber or user to log in and use the Services by following the procedures including setting of a password, etc. |
| Option | Additional products or services offered subject to payment of a separate usage fee for products or services in addition to those provided under the master agreement for the Services |
To use the Services, a separately-determined usage fee shall be paid to the Company or to an agent appointed by the Company.
An application to enter into an agreement to use the Services must be made by submitting a predetermined form containing all necessary information to the Company or a distributing agent appointed by the Company (hereinafter “Agent”) in writing or by electronic means and the agreement shall become effective upon the provision of a user ID and/or password (or similar item) by the Company or its Agent.
2. A user must activate his or her account after completing the application in accordance with the e-mail sent by the Company. The Services shall start when the e-mail is sent out.
A registered user shall be responsible for managing his or her ID and password used for the Services.
2. A registered user agrees to assume responsibility to the Company for any activity or act that is conducted using the registered ID.
3. The user who suspects that his or her ID and/or password are being illegally used is requested to contact the Company.
4. If the IP address is specified in the agreement, the user can access the website from the specified IP address without imputing the ID and the Password. The subscriber should apply for specification of the IP address at the time of execution of the agreement.
If the user wishes to terminate the agreement, he or she should notify the Company or its Agent by following the prescribed procedures by one (1) month prior to the expiry date of the agreement.
The user ID, etc., shall be invalidated on the day as determined by the Company. For avoidance of doubt, even if termination is made in the course of the term of the agreement, the Company shall not refund any annual usage fee which has already been paid by the terminating user.
The Company shall be entitled to withdraw the ID, etc., from the subscriber or user and terminate the Services if:
(1) the user breaches any provision of these Terms of Use or the Company’s instructions;
(2) the subscriber becomes insolvent or subject to a petition for bankruptcy, civil rehabilitation or corporate reorganization or arrangement;
(3) the user or subscriber delays or refuses payment of the usage fee or other charges;
(4) it becomes impossible to contact the subscriber by e-mail sent to the e-mail address provided by the subscriber and the Company loses contact with the subscriber for a certain period of time or longer; or
(5) the Company determines that it is reasonable to terminate the agreement for any reason.
In using the Services, the user is prohibited by the Company from committing any of the following acts; if the user breaches this prohibition, the Company is entitled to take necessary actions including suspension of use and termination of the agreement:
(1) allowing a third party to use his/her/its user ID and/or password, unless the subscriber is a corporate body and the ID is shared by users who are authorized to share and use the corporate body’s ID;
(2) a mode of use/act which may cause trouble to other users of the Services and cause excessive stress on the system; and
(3) transferring/selling audio/image data, etc., acquired from the Services to a third party.
The rights to the data under the Copyright Act belong to the Company and the copyright holder of the individual file.
An online environment is required to use the Services. The subscriber or user must provide equipment, software, communication lines and other items necessary for using the Services at his/her/its cost and responsibility.
2. The registered user must take security measures including protection against infection with viruses at his/her/its cost and responsibility.
In principle, data obtained from the Services may only be used for research and other appropriate purposes, and such data may not be reproduced, sold, leased or published without prior written consent.
2. Data may not be obtained by downloading into the terminal in use through unauthorized means unless otherwise permitted under an optional data download agreement.
3. Even if downloading data into a terminal is permitted under an optional agreement, such data may only be used for research purposes only. The downloaded data may be used after expiry or termination of the contract but may not be publicly transmitted, lend, purchased or sold.
The Company may restrict the use of the Services if:
(1) the user is at risk of spreading mass mailing worms and/or other problems due to infection with computer viruses or intrusion of malware and the Company believes that this might cause damage to the Company or any third party;
(2) the Company becomes unable to contact the registered user by e-mail; or
(3) it is otherwise deemed necessary by the Company to restrict use.
2. The Company shall assume no responsibility to the subscriber or user for restriction of use.
Any support required for the user shall be provided by the Company or through the Agent to which the application for subscription was made by the subscriber.
2. If the Company deems it necessary to contact the user in providing support, such contact shall be made by e-mail in principle.
The Company may make modifications and additional registrations to the online database without giving notice to subscribers and users. The Company may also make modifications and additional registrations to optional items including publications from the same source as the database without giving such notice.
The Company shall endeavor to keep any personal information collected to the extent required for operation of the Services accurate and up to date under safe conditions.
2. The Company shall take appropriate measures required for safe management of personal information including prevention of leakage and/or loss of personal information.
3. The Company shall promptly destroy or delete any personal information which is no longer required to be kept for operation of the Services.
4. If the Company contracts out all or part of the business handling personal information to any person outside the Company, the Company shall specify in the service agreement the measures which should be taken by the contractor for the safe management of personal information and exercise necessary and appropriate supervision over the contractor.
5. Notwithstanding the foregoing paragraph, the Company shall not provide personal information to any third party without obtaining the prior consent of the registered user or user unless:
(1) it is required under any law or regulation;
(2) the Company deems it necessary for the protection of the life, body or property of any third party;
(3) it is required for improvement of the public health and/or promotion of sound development of juveniles; or
(4) it is necessary for cooperating with a public institution or person entrusted by a pubic organization in executing the affairs prescribed by laws and regulations, where obtaining the consent of the owner of the personal information is likely to impede the execution of the affairs concerned.
The Company shall not provide any guarantee for any of the following and shall be exempted from liability for the unavailability of compensation for damages caused thereby:
(1) the accuracy of the content;
(2) permanent operation of the Services; or
(3) no interruption of the Services in use due to a problem with a server or line conditions and/or error.
2. The Company shall assume no liability for any loss or damage caused by any changes to the nature, interruption and/or termination of the Services.
During implementation of this Agreement, should the Company suffer any loss or damage due to a reason attributable to the subscriber or user, the Company may claim from the subscriber compensation for the damage or loss.
2. The Company shall assume no liability for damages arising out of the use of the Services, except for any damage to the registered user, user or other third party caused by the Company’s intention or gross negligence, in which case, the Company may provide compensation for the damage up to the actual cost of the damage suffered by the person concerned.
These Terms of Use shall be governed by the laws of Japan.
For any dispute arising between the Company and the registered user in relation to these Terms of Use, the court in the place where the Company is located shall be the agreed court of jurisdiction for the first instance.
January 1st, 2016