Terms of Use and Site Usage | Shinkenchiku.DATA

Shinkenchiku.DATA / Terms of Uses

September 30,2024

Article 1 (Scope and Changes)

These Terms set forth the rights and obligations between Shinkenchiku Data Inc. (hereinafter referred to as “Company”) and users (hereafter referred to as "User(s)”) with respect to the use of services operated and provided by the Company (hereafter referred to as the “Services”). These Terms apply to any and all acts performed by Users when using the Services, and Users shall be able to use the Services upon consenting to these Terms.
Each agreement or precaution presented by the Company to Users in the Services shall constitute a part of these Terms.
If it is necessary to modify these Terms, the Company may modify the content of these Terms with the consent of Users. However, if the modification of these Terms conforms to the general interests of Users, 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 of the modified content and the effective date of the modification at least two (2) weeks before the modification.

Article 2 (Effectuation of Contract and Prohibition of Assignment)

The use of the Services may be commenced when a User enters into a usage contract containing these Terms by following the procedures set forth by the Company. The usage contract shall come into effect when the User uses the Services.
The User shall not assign its rights under the usage contract to a third party.

Article 3 (Method of Providing the Services, etc.)

Some of the Services are available by obtaining a “Shinkenchiku ID” account. A User shall obtain an account upon consenting to the Shinkenchiku ID Terms of Use, in addition to these Terms.

Article 4 (Usage Fees and Equipment Expenses)

A User may use all of the Services by paying usage fees to the Company (hereinafter referred to as "Paid Services"). The usage fees for the Paid Services shall be as shown in the attached table.
A User shall pay the usage fees stipulated in the preceding paragraph by the method designated by the Company.
The Company may change the usage fees without obtaining the prior consent of Users by notifying Users at least thirty (30) days before such change, and will notify Users of such change by a method separately designated by the Company. If a User cannot accept such change, the User may cancel the usage contract in accordance with the provisions of Article 11. In this case, the usage fees before such change shall apply until the cancellation.
When the Company has notified a User of a change in the usage fees as specified in the preceding paragraph, and if the User has not canceled the usage contract by the day before the date of the change, the User shall pay the changed fees to the Company from the date of the change.
A User shall bear all costs related to the equipment (including software), Internet connection, etc., and any other costs required by the User to use the Services.

Article 5 (Suspension and Termination of Services)

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.
The Company may terminate the Services without the prior consent of Users. In this case, however, the Company will notify Users at least three (3) months before such termination.
The Company will not be liable for any damage incurred by Users as a result of Paragraph 1 or 2 and will not make any reduction or refund of the usage fees.
In the case of Paragraph 2, after the termination of the Services, the Company will refund to a User who has paid the usage fees for annual payment 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 6 (Prohibited Acts)

In using the Services, Users shall not engage in any of the following acts.
1. Any act of using the Services for a wrongful purpose. (such use includes a User’s allowing a third party to use the Services, whether free of charge or for a fee and regardless of the nature of the method thereof)
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 the usage of data as training data for AI
13. Any other acts deemed inappropriate by the Company.
If the Company determines that a User has violated the preceding paragraph, the Company may suspend the provision of the Services without permission from the User.

Article 7(Rules for Public Functions, etc.)

User(s) shall use the publish function in the Services (defined as a function of the Services that allows other users designated by the User(s) themselves to view information designated by the User(s)) on their own responsibility.
In addition to the acts prohibited in Article 6, Paragraph1, Users 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 or any third party as a result of such Expressions, etc.
1. Those related to safety.
  - Expressions, etc. that violate or may violate various laws and regulations of Japan.
    - Expressions, etc. that violate or may violate laws and regulations, etc.
    - 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.
The Company may, without the need for any prior notice to the User, 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 User as a result of such suspension.
The Company shall have no obligation to the User to re-disclose any Expressions, etc. whose disclosure has been suspended under the preceding paragraph.

Article 8 (Inquiries, Suspension of Use, and Termination of Contracts for the Services)

If the Company reasonably believes that a User may have engaged in any of the following acts (the frequency of logins to the Services exceeds the number of logins that would normally be expected; the number of devices used to access the Service exceeds the number of devices that would normally be expected; or if the Company detects any other abnormality with regards to the use of the Services) the Company may inquire with the User about such possibilities. In such cases, the User shall promptly and sincerely respond to the inquiries.
1. When the User has engaged in any of the prohibited acts set forth in Article 6, Paragraph 1 or Article 7, Paragraph 2.
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. In the event the User(s) falls under the category of antisocial forces such as organized crime groups, members of organized crime groups, companies affiliated with organized crime groups, racketeer groups, groups engaging in criminal activities under the pretext of conducting social or political campaigns, or criminal groups specializing in intellectual crimes; or in the event the User(s) has a close relationship with such antisocial forces.
5. In the event that the User(s), either acting themselves or via a third party, spreads false rumors or uses deception or force to damage the reputation of the Company or obstruct its business operations; makes unreasonable demands beyond the scope of legal responsibility; uses threatening language or behavior; or uses violence or makes violent demands.
6. When there are any other acts in violation of these Terms or acts that are extremely contrary to the intent of these Terms.
If the Company reasonably determines that the User 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 User’s opinion as set forth in Paragraph 1.

Article 9 (Penalty)

If a User has engaged in any of the acts listed in each item of Article 8, Paragraph 1, the User 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 User's act, and the User 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.

Article 10 (Automatic Renewal of Contracts)

There are two types of subscription plans for this service: "for Studente"(hereinafter referred to as the "Student price") and "for Individual"(hereinafter referred to as the "Individual price") and the plan available is determined by the attributes of the user and other factors.
1. A student enrolled in a school designated by the Company who is eligible to use the Student price and whose email address is issued by such school (hereinafter referred to as the "Eligible Email") The Student price is available only to students who are enrolled in a school designated by the Company , possess a student ID card (hereinafter referred to as the "Student ID Card") issued by the school, and present the student ID card showing such enrollment in the manner prescribed by the Company. The availability of such use shall be finally determined at the reasonable discretion of the Company .
2. Prospective The User who possesses an email address with access to Individual price and are able to pay by a payment method determined by the Company.
The User may choose either "Monthly Payment" or "Annual One-time Payment" as its payment method. The Paid Service shall adopt the subscription method, and the conditions of the subscription method shall be as follows. When the User wishes to change the payment method, it is necessary to terminate the subscription agreement once.

Student price "Monthly Payment" Automatic Renewal with Conditions

The User’s subscription to the Paid Services shall commence upon processing the first payment. The subscription will automatically renew each month without notice as long as the Eligible Email is registered and the Student ID is presented in a manner determined by the Company, or unless terminated by the Company. The User authorizes the Company to store the User 's payment method and to automatically bill Paygate each month in the manner determined by the Company, unless canceled by the User. A shall automatically charge the then-current plan fee at the time of monthly renewal until terminated by the Company.
At any time, the Company may check to see if the User meets the requirements of the “for Student” price. If the Company determines that the User does not meet the conditions, the Company may suspend the User's new “Shinkenchiku ID” account. Even in this case, the User cannot be exempted from paying the fee. The final decision as to whether or not the User meets the conditions of the Student price shall be made at the reasonable discretion of the Company.
The User may change the registered email address even while the Student price is under contract. If the email is changed, the Student price will continue to be available until the time of renewal. The same shall apply in the event of graduation or withdrawal. However, renewal at the Student price will not be granted unless you register with a valid target email and present your student ID.

Student price "Annual One-time Payment" Automatic Renewal with Conditions

Subscription to the Paid Services by the User shall commence upon processing of the first payment. The Company will be billed a one-time fee for the annual subscription as presented in the Schedule in Article 4. Subscription will automatically renew each year without notice as long as the subject email is registered and this Student ID is presented in a manner determined by the Company, or unless terminated by the Company. The user is authorized to store the User's method of payment and to automatically bill the Company in the manner determined by the Company each year unless canceled by the User. The Company shall automatically charge the fee for the then current plan at the time of renewal each year until terminated by the User. Other conditions in 2) and 3) above shall apply mutatis mutandis.

Individual price "Monthly Payment" Automatic Renewal

The User's subscription to the Paid Services shall commence upon processing the first payment. Subscription will automatically renew each month without notice unless canceled by the User. The User authorizes the Company to store the User's payment method and to automatically bill the User for its monthly usage fees in a manner determined by the user, unless the User cancels the contract. The Company shall automatically charge the then-current plan fee at the time of monthly renewal until terminated by the User.

Individual price "Annual One-time Payment" Automatic Renewal

Subscription to the Paid Services by the User shall commence upon processing of the first payment. The User will be billed a one-time fee for the annual subscription as presented in the Schedule in Article 4. Subscription will automatically renew each year without notice unless terminated by the User. The User authorizes the Company to save its method of payment and to automatically bill the Users each year in the manner determined by the Company unless canceled by the User. The Company shall automatically charge the then-current plan fee at the time of renewal each year until terminated by the User.

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

If a User wishes to cancel the usage contract for the Paid Services, the User may do so at any time through the User's account page.
The cancellation shall become effective on the last day of the usage period, and usage fees up to the last day will not be reduced or refunded in any way, except as expressly provided in these Terms. The last day of the usage period is determined as follows.
1. Example 1) “Monthly Payment”
2. If the usage start date is April 10 → the last day of the usage period is the 9th of each month
3. If the usage start date is April 1 → the last day of the usage period is the last day of each month
4. Example 2) “Annual Payment”
5. If the usage start date is April 1 → the last day of the usage period is March 31 of the following year.
If a User chooses an annual payment and cancels within fourteen (14) days from the date the first payment is processed, the Company will refund the usage fees to the User after deducting the monthly fee amount for one (1) month for the monthly payment according to the User's usage plan. In this case, the User may use the Paid Services from the usage start date until the last day of the usage period determined in accordance with the preceding paragraph for the case of "Monthly Payment".
If the User chooses annual payment and cancels after fourteen (14) days from the date the first payment is processed, the usage fee will not be refunded to the User. In this case, the User may use the Paid Services from the usage start date until the last day of the usage period determined in accordance with the preceding paragraph for the case of "Annual Payment".

Article 12 (Ownership and Scope of Use of Content)

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

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.
The content provided through the Services is posted for the purpose of use by Users within the scope of the Copyright Act. Although Users may use the content within the scope permitted by the Copyright Act, such as quotation, etc., Users 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, 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 or other laws and regulations.
If a User 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 must obtain permission from the Company individually, and basically there will be a charge. If a User wishes to obtain such permission, the User 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. A User acknowledges in advance that the Company may refuse to grant permission even if contacted by the User.
If the User uses the content within the scope permitted by Item 2 or Item 3, the User 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 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 shall be sure to include such credit notation as well.
The User acknowledges that the Company may, from time to time and at its sole discretion, change the content and Data Files made available through the Services. The Company will not be liable for any damage caused to the User as a result of such change.

Article 13 (Exemption from Liability)

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, scientific validity, completeness, reliability (including non-failure to operate), non-infringement of third party rights, or any other matter, and will not be liable to Users concerning such matters.
Users shall use the content, Data Files, and other information provided through the Services at their own discretion and responsibility.
Users 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)

If the usage contract falls under the category of a consumer contract as stipulated in the Consumer Contract Act, the provisions of the usage contract that completely exempt the Company from its liability for damages shall not apply.
In the case of the preceding paragraph, if the damage incurred by a User 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, notwithstanding any other provision of these Terms. However, this shall be limited to cases in which the Company is intentionally or grossly negligent.
The extent of the Company's liability to a User shall be limited to the extent of the Company's liability to the User 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 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 concerning these Terms.

Article 16 (Governing Law)

The formation and validity of these Terms shall be governed by the laws of Japan.

Article 17 (Other)

The Company and Users 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.
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 shall approve such transfer or assignment in advance.
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.
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.

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