SHINKENCHIKU DATA Site Terms of Use (Corporate Entities and Organizations)

Formulated: September 30,2024

Article 1 (Definitions of Terms)

The words stated in each of the following items have the meaning prescribed in the respective item in these Terms.

  1. Company
    Refers to Shinkenchiku Data Inc.
  2. Organization
    Refers to a domestic or overseas corporate entity or other organization that has agreed to the content of these Terms, has applied to use the Service, and for which use of the Service has been approved by the Company.
  3. The Services
    Refer to the services operated and provided by the Company.
  4. Administrator
    Refers to the specified natural person affiliated with the Organization who has been designated by the Organization as the person who will register the subject email addresses of the User(s) and communicate with the Company on behalf of the Organization.
  5. User(s)
    Refers to the specified natural person(s) who has been set as a user of the Service by the Organization, within the range of the number of people approved by the Company, and who has an email address of a domain that has been approved by the Company. If the setting is cancelled for a certain user, the person subject to the cancellation will no longer be able to use the Service.
  6. Shinkenchiku ID
    Refers to the Shinkenchiku ID account required in order to use the Service.
  7. Public Functions
    Refers to functions of the Service that allow other users designated by the applicable User to view the information specified by that user.

Article 2 (Scope and Changes)

  1. These Terms set forth the rights and obligations between the Company and the Organization, and as well as between the Company and the User(s) (hereinafter the Organization and the User(s) and individually or collectively referred to as "User(s), Etc.") with respect to the use of the Service. These Terms apply to any and all acts performed by Users when using the Services, and Users, Etc., shall be able to use the Services upon consenting to these Terms.
  2. Each agreement or precaution presented by the Company to Users, Etc., in the Services shall constitute a part of these Terms.
  3. If it is necessary to modify these Terms, the Company may modify the content of these Terms with the consent of Users, Etc. However, if the modification of these Terms conforms to the general interests of Users Etc., or if such modification is not contrary to the purpose of these Terms, and the necessity and reasonableness of the modified content are recognized, the Company may modify these Terms by notifying Users, Etc., of the modified content and the effective date of the modification at least two (2) weeks before the modification.

Article 3 (Effectuation of Contract and Prohibition of Assignment)

  1. The use of the Services may be commenced when the Organization enters into a usage contract containing these Terms by following the procedures set forth by the Company. The usage contract between the Company and the Organization shall come into effect when a User, Etc., uses the Services for the first time, and a usage contract between the Company and an individual user shall come into effect when that individual user commences use of the Services.
  2. The usage period of the Services shall be for one (1) year from the date that the usage contract between the Company and the Organization came into effect. It should be noted that if agreed by Party A and Party B via the method separately prescribed by the Company, the Organization may extend this usage period.
  3. The Organization shall ensure that the Users comply with the content of these Terms, and shall bear full responsibility to the Company for the users (includes former users).
  4. The Users, Etc., shall not assign their rights under the usage contract to a third party.

Article 4 (Obtaining, Etc., of Shinkenchiku ID)
  1. The Users, Etc., shall obtain a Shinkenchiku ID in order to use the Services.
  2. The Users, Etc., shall obtain, use, and manage, etc., their Shinkenchiku ID in accordance with the provisions of the Shinkenchiku ID Terms of Use. It should be noted that in the case of a conflict between these Terms and the Shinkenchiku ID Terms of Use, the provisions of the Shinkenchiku ID Terms of Use shall be applied with precedence, limited to matters relating to the obtaining, use, and management of the Shinkenchiku ID.

Article 5 (Usage Fees and Equipment Expenses)

  1. Users, Etc., may use the Services by the Organization paying the usage fees to the Company. The usage fees for the Services shall be paid on a per usage period (annual) basis, and the content of these shall be as shown in the attached table.
  2. The Organization shall pay the usage fees stipulated in the preceding paragraph either directly to the Company, or to the third party designated by the Company, and at the time and by the method designated by the Company.
  3. The Company may change the usage fees without obtaining the prior consent of the Organization by notifying the Organization at least thirty (30) days before such change, and will notify the Organization of such change by a method separately designated by the Company. If the Organization cannot accept such change, the Organization may cancel the usage contract in accordance with the provisions of Article 11. In such case, the usage fees before such change shall apply until the cancellation.
  4. The Users, Etc., shall bear all costs related to the equipment (including software), Internet connection, etc., and any other costs required by the Users, Etc., to use the Services.

Article 6 (Suspension and Termination of Services)

  1. The Company may suspend the provision of the Services for a certain period of time due to maintenance of the Services, or force majeure such as a power outage or natural disaster, or other reasons without prior notice to or the consent of Users, Etc.
  2. The Company may terminate the Services without the prior consent of Users, Etc. In such case, however, the Company will notify Users, Etc., at least three (3) months before such termination.
  3. The Company will not be liable for any damage incurred by Users, Etc., as a result of Paragraph 1 or 2.
  4. In the case of Paragraph 2, the Company will refund to the Organization that has paid the usage fees the amount obtained by multiplying the remaining number of months in the contract period by the amount equivalent to the monthly fees for annual payment. However, no refund will be provided for a remaining contract period of less than one (1) month.

Article 7 (Prohibited Acts)

  1. In using the Services, Users, Etc., shall not engage in any of the following acts.
    1. Any act of using the Services for a wrongful purpose. (such use includes the use of the Services by a third party, whether free or paid, and regardless of the method, including through the sharing of accounts or by allowing a third party who does not have the authority to use the Services to use the Services)
    2. Any act of using data provided through the Services, such as photographs, articles, drawings, etc., beyond the scope of personal use
    3. Any act of using data such as photographs, articles, and drawings of the Services for commercial purposes
    4. Any act of altering, falsifying, or analyzing information made available through the Services.
    5. Any act of transmitting or writing harmful programs such as viruses, or any other similar methods, or any act of placing them in a condition where they can be received.
    6. Any act that infringes or may infringe the copyright or other intellectual property rights of the Company or a third party.
    7. Any act that libels or slanders the Company or any third party, or any act that is detrimental to the reputation of the Company or a third party.
    8. Any act that infringes or may infringe the property or privacy of the Company or a third party.
    9. Any act of divulging technical secrets relating to the Services.
    10. Any act such as reverse engineering, disassembly, decompiling, etc.
    11. Any act of accessing or obtaining information by scraping, crawling (programs such as crawlers, robots, or spiders), and other similar means.
    12. Any act involving intended use as learning data for AI.
    13. Any other acts deemed inappropriate by the Company.
  2. If the Company determines that a User, Etc., has violated the preceding paragraph, the Company may suspend the provision of the Services without permission from the User, Etc.

Article 8 (Rules for Public Functions, Etc.)

  1. Users shall use the public functions of the Services at their own judgment and risk.

  2. In addition to the acts prohibited in Article 7, Paragraph1, Users, Etc., shall not use any of the following expressions or engage in any of the following acts (hereinafter referred to as "Expressions, etc.") when using the Services. The Company will not be liable for any damage incurred by a User, Etc., or any third party as a result of such Expressions, etc.

    1. Those related to safety

      • Expressions, etc. that violate or may violate laws and regulations, etc.
        • Expressions, etc. that violate or may violate various laws and regulations of Japan and other applicable countries.
      • Expressions, etc. that are or may be contrary to public order and morals, etc.
        • Expressions, etc. that may cause discomfort or harm to the public.
        • Expressions, etc. that may disturb public morals or induce crime.
        • Expressions, etc. related to violence, gambling, drugs and prostitution.
        • Repulsive, cruel, bizarre, or offensive Expressions, etc.
        • Expressions, etc. relating to sex, etc.
        • Expressions, etc. that evoke suicide or self-injurious behavior.
        • Expressions, etc., intended to induce or express a desire for an encounter with the opposite sex.
      • Expressions, etc. that may infringe on human rights, discriminate, or defame.
        • Expressions, etc. that promote violence against others or threaten or harass others on the basis of race, ethnicity, place of origin, social status, sexual orientation, gender, gender identity, religious belief, age, disability, or serious illness.
        • Expressions, etc. that libel, slander, or ostracize any person.
        • All Expressions, etc. relating to hate speech, etc.
      • Unfounded or misleading Expressions, etc.
        • Expressions, etc. that significantly demean or may significantly demean the reputation of the building’s owner, users, or any related persons.
        • Expressions, etc. that significantly demean or may demean the reputation of the building or its tenants.
        • Expressions, etc. that mislead or may mislead a third party.

    2. Expressions, etc. concerning privacy.

      • Any act of disclosing or posting (hereinafter referred to as “Disclosure, etc.") personal information or building information not included in the content provided through the Services.
        • Any Disclosure, etc. of personal information such as addresses, telephone numbers, and email addresses, in addition to the names of the owner, users, and related persons of the building.
        • Any Disclosure, etc. of building information of the building, including a name that is different from the one listed in the content or not listed in the content (even an official name is prohibited as it may lead to the identification of the location), address, telephone numbers, contact information, or tenant information.
      • Any act of threatening to disclose personal information or encouraging others to do so.
        • An act that may cause inconvenience to the owner, users, and related persons of the building.

    3. Expressions, etc. regarding reliability, etc.

      • Any act of misleading others, such as impersonation.
        • To impersonate any other individual, or a group or organization to which one does not belong, in such a way as to cause a misunderstanding, embarrassment, or deceive others.
      • Any act of making Disclosure, etc. using an account not registered under the User’s real name.
        • Any act of making Disclosure, etc. of information under nicknames, bynames, accounts without an account name, or other accounts that the Company determines are not under the User's real name.

    4. Other Expressions, etc. that are similar to those prohibited in the preceding items and for which a third party has reported to the Company that Disclosure, etc. is inappropriate, and the Company has reasonably determined that the content of the report is appropriate.

  3. The Company may, without the need for any prior notice to the User, Etc., suspend the disclosure of Expressions, etc., in the Services that the Company determines fall under any of the preceding paragraphs. The Company will not be liable for any damage incurred by the Users, Etc., as a result of such suspension.

  4. The Company shall have no obligation to the Users, Etc., to re-disclose any Expressions, etc. whose disclosure has been suspended under the preceding paragraph.

Article 9 (Inquiries, Suspension of Use, and Termination of Contracts for the Services)

  1. If the Company reasonably believes that a User, Etc., may have engaged in any of the following acts, such as where the frequency of logins to the Services exceed the frequency that would normally be expected, and in other cases where the Company has detected an abnormality in the usage of the Services, the Company may inquire with the User, Etc., about such possibility. In such case, the User, Etc., shall promptly and sincerely respond to the inquiry.

    1. When the User has engaged in any of the prohibited acts set forth in Article 7, Paragraph 1 or Article 8, Paragraph
    2. When there is any false information in the application at the time of application.
    3. When the User interferes with the provision of the Services.
    4. When a User, Etc., or a representative, officer, or person with substantial management control of a User, Etc., falls applicable as an organized crime group, organized crime group member, company affiliated with an organized crime group, extortionist, violent social movement, violent political movement, organized crime syndicate, or other antisocial force, or has a close relationship with an antisocialforce.
    5. When a User, Etc., either itself or through the use of a third party, has spread rumors or used deception or power to harm the reputation of the Company or to interfere with the business of the Company, has made an unreasonable demand that exceeds legal responsibility, has engaged in threatening words or deeds, has used power, or has made a violent demand.
    6. When there are any other acts in violation of these Terms (includes the Shinkenchiku ID Terms of Use and other terms and conditions associated with these Terms) or acts that are extremely contrary to the intent of these Terms.

  2. If the Company reasonably determines that a User, Etc., has engaged in an act that falls under any of the items of the preceding paragraph, or if the payment of the usage fees has been delayed, the Company may suspend the use of the Services or terminate the usage contract after or without hearing the opinion of the User, Etc., as set forth in Paragraph 1. It should be noted that if the Organization has been made subject to the forced termination of the Services, the usage contract shall also be automatically terminated at the same time.

  3. Even if the Organization has paid the usage fees to the third party specified by the Company, but said third party has failed to make payment to the Company, the Users, Etc., may use the Services for a period commensurate with such amount of usage fees. However, in such a case, the Company may terminate the usage contract upon the expiration of that period, and shall not bear any liability to the Users, Etc., for such termination.

Article 10 (Penalty)

If a User, Etc., has engaged in any of the acts listed in each item of Article 9, Paragraph 1, the User, Etc., shall pay to the Company, at maximum, a penalty equivalent to fifty (50) times the usage fees dating back to the month of the commencement of use, in accordance with the details of such act. The penalty shall be reasonably set by the Company within the scope of the first sentence of this Article, in accordance with the details of the act of the User, Etc., and the User, Etc., shall pay such penalty in accordance with the demand and payment method designated by the Company. If the Company has incurred any damage (including a reasonable amount of attorney's fees) in excess of the amount of the penalty, the Company may demand further damages from the User, Etc.

Article 11 (Cancellation of Contract and Amount to be Refunded)

  1. If the Organization makes a request to cancel the usage contract for the Services,it may action the cancellation at any time by submitting an inquiry to the Company.It should be noted that when the usage contract between the Company and the Organization has ended, regardless of reason, the usage contract between the Company and the applicable User(s) shall also end at the same time.
  2. A cancellation of the preceding paragraph shall enter effect on the final day of the period of use for which usage fees have already been paid, and usage fees through to the end of such period shall not be reduced or refunded.

Article 12 (Ownership and Scope of Use of Content)

The use of the content provided through the Services is prescribed as follows.

  1. All intellectual property rights related to text, images, video, illustrations, data, and other content posted on the Services shall belong to the Company, Shinkenchiku-Sha Co., Ltd., or other third parties.

  2. The content provided through the Services is posted for the purpose of use by Users, Etc., within the scope of the Copyright Act of Japan. Although Users, Etc., may use the content within the scope permitted by the Copyright Act of Japan, such as quotation, etc., Users, Etc., may not make the content available to an unspecified number of people, reproduce, transfer, lend, or publicly transmit, etc. the content, or conduct any other acts that exceed the scope permitted by the Copyright Act of Japan, such as the acts specified in the following items.

    1. Distributing or transferring a data file (hereinafter referred to as "Data File") containing the content to third parties.
    2. Storing Data Files on a server on the Internet.
    3. In addition to the preceding items, using the content in a manner that violates the Copyright Act of Japan or other applicable laws and regulations of Japan and other countries.

  3. If a User, Etc., wishes to reprint or make commercial use of the content beyond the scope of use under laws and regulations, such as reprinting the content in books, on the Internet, in advertisements, promotional brochures, seminars/training sessions, intranet, etc., the User, Etc., must obtain permission from the Company individually, and basically there will be a charge. If a User, Etc., wishes to obtain such permission, the User, Etc., shall contact the Copyright Office of the Company. The reproduction or commercial use of content without the permission of the Company constitutes a violation of the Copyright Act. The User, Etc., acknowledges in advance that the Company may refuse to grant permission even if contacted by the User, Etc.

  4. If the User, Etc., uses the content within the scope permitted by Item 2 or Item 3, the User, Etc., shall clearly indicate the source or the reference of the content as "Source: "Shinkenchiku", No. 0000, page 000". If the content reproduced, etc., by the User, Etc., includes any credit notation, such as the name of a corporation, government agency, or author other than the Company or Shinkenchiku-Sha Co., Ltd., the User, Etc., shall be sure to include such credit notation as well.

  5. The User, Etc., acknowledges that the Company may, from time to time and at its sole discretion, change the content and Data File content made available through the Services. The Company will not be liable for any damage caused to the User, Etc., as a result of such change.

Article 13 (Exemption from Liability)

  1. With respect to the Services and content, Data Files, and other information provided through the Services, the Company makes no warranty, whether express or implied, in respect of defects, functionality, performance, accuracy (including the location of the user displayed on a map provided by the Services being accurate), scientific validity, completeness, reliability (including the non-occurrence of malfunctions), non-infringement of third party rights, or any other matter, and will not be liable to Users, Etc., concerning such matters.
  2. Users, Etc., shall use the content, Data Files, and other information provided through the Services at their own discretion and responsibility.
  3. Users, Etc., shall replace all characters that do not exist in the JIS code in the text display of the Services with specific symbols. The Company will take the utmost care in processing, but will not be liable for any writing errors, omissions, etc., due to errors, etc. during processing.

Article 14 (Damages)

  1. If the usage contract with the Organization or a User falls under the category of a consumer contract as stipulated in the Consumer Contract Act of Japan, the provisions of the usage contract that completely exempt the Company from its liability for damages shall not apply. The same shall apply in the case of any applicable laws and regulations outside of Japan that prescribe similar matters.
  2. In the cases of the preceding paragraph, if the damage incurred by a User, Etc., is due to the Company’s default or tort, the Company will be liable for damages up to the amount of damage directly and actually suffered by the User, Etc.,, notwithstanding any other provision of these Terms. However, this shall be limited to cases in which the Company is intentionally or grossly negligent.
  3. The extent of the Company's liability to a User, Etc., shall be limited to the extent of the Company's liability to the User, Etc., for compensation or indemnification under this Article, and the Company will not be liable for any damage arising from reasons not attributable to the Company, any damage arising from special circumstances, whether foreseen by the Company or not, lost profits, any damage arising from loss or damage to data due to reasons not attributable to the Company, or any damage arising from a dispute between the User, Etc., and a third party concerning the Services.

Article 15 (Agreed Jurisdiction)

The Tokyo District Court shall be the court of exclusive jurisdiction in the first instance with respect to disputes between the Company and a User, Etc., concerning these Terms.

Article 16 (Governing Law)

The formation and validity of the usage contract relating to these Terms shall be governed by the laws of Japan.

Article 17 (Other)

  1. The Company and Users, Etc., acknowledge that the Services extract and distribute information from magazines and books published by Shinkenchiku-Sha Co., Ltd., Inc. or A+U Publishing Co., Ltd. and that the accuracy, etc. of the information may differ from the original magazine or book due to issues of style, etc., and that Users must always check the magazine and book pages before use if accuracy is required for the information.
  2. The Company may transfer or assign to a third party its status, rights or obligations under the usage contract pertaining to these Terms. By executing the usage contract, a User, Etc., shall approve such transfer or assignment in advance.
  3. Personal information (meaning the personal information defined in Article 2, Paragraph 1 of the Act on the Protection of Personal Information) obtained by the Company in connection with the Services shall be handled in accordance with the provisions of the Privacy Policy separately stipulated by the Company.
  4. The Company may use by itself, jointly use with a third party, or cause a third party to use by itself, a User’s browsing records, such as the number of views of a particular article by the User and any and all information obtained by the Company through the use of the Services by the User (excluding personal information), for the purpose of improving or enhancing the functions of the Services, developing, providing, or improving new services, or improving the content of the magazines from which the content is provided.

End

Supplementary Provisions

Article 1 (Handling of Existing Agreements)

If there are any agreements between the Company and a User, Etc., pertaining to the Services as of the time of the formulation of these Terms, with the exception of that relating to the payment of usage fees that have already been billed, at the time that the User, Etc., gives their consent to the content of these Terms, the provisions of these Terms shall be applied retroactively to the establishment date of the applicable agreement, and a usage agreement with the same content as these Terms shall be established between the Company and the Organization and between the Company and the Users.