conditions of use, and other matters regarding the services developed by The Institute of
Physical and Chemical Research (“RIKEN”) and served by Axiohelix Co., Ltd. (“Axiohelix”) through the
“Link Data” website (this “Website”; those services, the “Services”).
Chapter I Definitions
Article 1 Definitions
1.1 “Restricted Public Content” means, of the Content posted on this Website, Content designated by the Login User posting that Content to be viewable only by each User who is able to know the URL of that Content.
1.2 “Public Content” means, of the Content posted on this Website, Content designated by the Login User posting that Content to be viewable by any User.
1.3 “Content” means any of the following permitted by PROVIDER to be posted on this Website: any file in a data table format; any program; any comment; any photograph; or any other data.
1.4 “Registration Applicant” means a User who wishes to become a Login User and who applies for Login User Registration in accordance with Article 3.
1.5 “Login User” means any User who uses the Services after logging in to this Website.
1.6 “Login User Exclusive Service” means any of the Services that only each Login User is entitled to use.
1.7 “Login User Registration” means to register as a Login User for this Website.
1.8 “User” means any person who uses this Website.
Chapter II Services
Article 2 Details of Services
The Services offered by PROVIDER on this Website are as follows:
(1) conversion of files in data table format to RDF files or other similarly-formatted files (collectively, “RDF Files”);
(2) creation of templates for files in data table format;
(3) posting of Content on this Website;
(4) viewing and use of Content posted on this Website; and
(5) other services that are provided by PROVIDER on this Website and that are not set out in (1) through (4) above.
Chapter III Login Users
Article 3 Login User Registration
3.1 If a Registration Applicant is using a Login User Exclusive Service for the first time, he or she must carry out Login User Registration in accordance with the procedures set out below.
(2) After obtaining an OpenID Account, the Registration Applicant must register the following details (“Login User Registration Details”) upon logging in to this Website using the OpenID Account in accordance with procedures separately stipulated by PROVIDER:
(i) an account name (the Registration Applicant may not use any account name already registered by another Login User);
(ii) a valid email address that is under the control of the Registration Applicant (excluding any address that is acquired through a free web-based email service); and
(iii) other details separately designated by PROVIDER in addition to those listed in (i) and (ii) above.
(3) After the Registration Applicant has registered the Login User Registration Details, PROVIDER will send to the Registration Applicant’s email address registered under Article 3.1(2)(ii) an email containing a registration application page URL. The Registration Applicant must access the registration application page and complete the Login User Registration procedures.
3.2 PROVIDER will approve Login User Registration applied for by each Registration Applicant unless any of the following applies:
(1) the Registration Applicant is under 20 years of age (except in any case where the Registration Applicant’s guardian has, in accordance with Article 3.4, consented to the Registration Applicant’s use of the Services);
(2) the Login User Registration Details notified to PROVIDER by the Registration Applicant contain false information;
(3) the Registration Applicant applies for Login User Registration under the name of a third party (including any User’s family, such as a parent or sibling) or on behalf of that third party;
(4) at the time of application provided for under Article 3.1, the Registration Applicant has already been subject to Expulsion under Article 7; or
(5) PROVIDER determines that Login User Registration by the Registration Applicant is inappropriate for any reason other than any of those set out in (1) through (4) above.
3.3 Even if a Registration Applicant’s Login User Registration is not approved by PROVIDER, that Registration Applicant may not (a) request PROVIDER to disclose the reason for PROVIDER’s disapproval or (b) appeal or dispute the decision to disapprove that Login Registration.
3.4 If the Registration Applicant is under 20 years of age at the time of Login User Registration, then before carrying out Login User Registration the Registration Applicant must obtain his or her guardian’s consent to use the Services.
Article 4 OpenID Account
4.1 Each Login User shall maintain his or her OpenID Account with the due care of a good manager to ensure that his or her OpenID Account does not become known by a third party.
4.2 Each Login User shall not disclose, allow any third party to use, share with any third party, transfer, loan, or otherwise make available to any third party the Login User’s OpenID Account.
4.3 If a Login User’s OpenID Account is used by a third party or it is possible that it has been used by a third party, the Login User in question shall immediately notify PROVIDER.
4.4 If a Login User’s OpenID Account is used by a third party, PROVIDER will deem that it was used by the Login User in question, regardless of whether that use by a third party was a result of the Login User’s willful misconduct or negligence. Each Login User is liable for any damage arising in relation to use of his or her OpenID Account, regardless of whether it was actually the Login User who used his or her OpenID Account.
Article 5 Notification of Change to Login User Registration Details
5.1 If there is any change in any Login User Registration Details reported to PROVIDER, the Login User in question shall promptly notify PROVIDER of the change in accordance with the procedures separately stipulated by PROVIDER.
5.2 PROVIDER is not liable for any disadvantage or damage incurred by any Login User due to a lack of notification provided for under Article 5.1.
Article 6 Cancellation of Login User Registration
6.1 If a Login User wishes to cancel his or her Login User Registration, he or she must carry out the procedures to cancel Login User Registration separately stipulated by PROVIDER, and the Login User Registration will be canceled when PROVIDER has finished processing those procedures.
6.2 Rights regarding the use of the Login User Exclusive Services held by a Login User at the time of cancellation of his or her Login User Registration will be extinguished at the same time the Login User Registration is canceled.
6.5 If a Login User dies, it will be deemed by PROVIDER that the Login User has canceled his or her Login User Registration. Each Login User’s eligibility or rights regarding the use of the Services will not be inherited after his or her death.
Article 7 Expulsion
7.1 If a Login User commits any of the following acts, PROVIDER may immediately cancel the Login User Registration of that Login User without providing that Login User with any prior notice or time for remedy (that action by PROVIDER, “Expulsion”):
(2) the Login User is under 20 years of age (unless the Logon User’s guardian has, in accordance with Article 3.4, consented to the Login User’s use of the Services);
(3) the Login User notifies Login User Registration Details (including changed Login User Registration Details notified in accordance with Article 5.1) that contain any false information;
(4) the Login User applies for Login User Registration under a false name or the name of a third party (including the Login User’s family, such as a parent or sibling) or on behalf of that third party;
(5) the Login User has already been subject to Expulsion by PROVIDER under this Article 7.1 in the past;
(6) the Login User uses the Service or any other system of PROVIDER in an unauthorized way; or
(7) the Login User uses the Service in any other way that PROVIDER deems inappropriate.
7.2 Articles 6.2 and 6.3 also apply to each Login User who has been subject to Expulsion.
7.3 No Login User that has been subject to Expulsion may (a) request PROVIDER to disclose the reason for that Expulsion or (b) appeal or dispute the details of that Expulsion.
7.4 PROVIDER is not liable for any disadvantage or damage incurred by any Login User that has been subject to Expulsion as a result of that Expulsion.
7.5 If PROVIDER or a third party incurs any damage as a result of a Login User committing any act set out in Article 7.1, that Login User shall compensate PROVIDER or the third party for all damage incurred.
Article 8 Transfer to Website-Dedicated Account
8.1 PROVIDER might request each Login User to terminate use of his or her OpenID Account on this Website and to establish an independent account and password specifically for this Website (a “Website-Dedicated Account”).
8.2 In the case of Article 8.1, each Login User shall establish a Website-Dedicated Account in accordance with the procedures separately stipulated by PROVIDER. Each Login User accepts in advance that he or she will become unable to log in to this Website using his or her OpenID Account after a period stipulated by PROVIDER has passed.
Chapter IV Use of Services
Article 9 Conversion to RDF Files
Each Login User may, in accordance with Article 10, convert files in data table format to RDF Files by posting the files in question on this Website.
Article 10 Posting of Content on Website
10.1 Each Login User may post Content on this Website in accordance with procedures separately stipulated by PROVIDER. In this case, the Login User in question accepts in advance that any other User may use that Content in accordance with Article 11.2.
10.2 If a Login User that posts Content is requested by PROVIDER to set license terms for that Content, the Login User shall follow the instructions of PROVIDER and set such license terms for that Content.
10.3 Each Login User accepts in advance that (a) one or more other Users might comment on Content posted by that Login User and (b) those comments will be published on this Website and the Login User might receive notification of those comments by email or the like. PROVIDER is not liable for the contents of comments, results of evaluations, or the like from any other User in relation to Content posted by each Login User.
10.4 Each Login User accepts that if he or she posts on this Website any file in data table format in accordance with Article 10.1, then that file in data table format will be automatically converted to an RDF File and that RDF File will be automatically posted on this Website. In this case, the same license terms and other terms and conditions set on the file in data table format will be set on the RDF File.
Article 11 Using and Viewing Public Content
11.1 Each User may view Public Content. The ability to view Restricted Public Content is limited to each User who is able to know the URL of that Restricted Public Content.
11.2 Each User may use Public Content or Restricted Public Content in accordance with the license terms set on the Public Content or Restricted Public Content, if any; provided, however, that the ability to use Restricted Public Content is limited to each User who is able to know the URL of that Restricted Public Content.
Article 12 Matters Regarding Posting of Content
12.1 Each Login User warrants that (a) he or she holds all rights (including but not limited to copyright, trademark rights and other intellectual property rights, image rights, publicity rights, and privacy rights) contained in the Content he or she posts on this Website in accordance with Article 10.1 or (b) he or she has been licensed by a third party to use that Content with respect to the Services.
12.2 When a Login User posts Content that uses a work of a third party that he or she is licensed or is permitted to use under copyright exemption statutes (“Third Party Work”), the Login User shall expressly and appropriately indicate in the Content that the Third Party Work belongs to the third party.
12.3 Each Login User agrees that it will not, in relation to Content posted by that Login User, (a) exercise the moral right of the contributor against PROVIDER or any other Users or (b) allow any contributor of a Third Party Work used in the Content to exercise the moral right of the contributor against PROVIDER or any other Users.
12.4 Article 18.4 will apply if, as a result of a breach of any of Articles 12.1 through 12.3, a User is subject to a demand or claim from another User or a third party (for the purpose of this Article 12.4, a “Third Party”) or makes a demand or claim against a Third Party.
Article 13 Matters Regarding Restricted Public Content
13.1 Each Login User shall manage, at his or her own responsibility, each URL for Restricted Public Content he or she posts. PROVIDER is not obligated to manage any URL for Restricted Public Content.
13.2 PROVIDER shall make efforts to ensure that no User who has not been informed of the URL for Restricted Public Content is able to easily access that Restricted Public Content, and those efforts will include forgoing provision of search functions for Restricted Public Content and forgoing linking to Restricted Public Content from other Content as related Content, among other means. However, PROVIDER is not obligated to restrict viewing or use of Restricted Public Content by any User who is able to know the URL of that Restricted Public Content, regardless of whether the Login User who posted the Restricted Public Content has approved the viewing or use of that Restricted Public Content.
13.3 In relation to Restricted Public Content posted by a Login User, PROVIDER is not liable for any economic, physical, or personal damage or incidental, consequential, or other damage (including loss of profit) incurred by that Login User as a result of any User or any other third party viewing or using that Restricted Public Content without approval of that Login User.
Article 14 Matters Regarding Use of Content
14.1 Each User shall respect the moral rights of the contributor of the works included in Content and shall not use that Content in a manner that would be prejudicial to the contributor’s honor or reputation.
14.3 A User shall remove the name of the contributor of Content from any reproduction of that Content or derivative content resulting from that Content if that contributor requests the User to do so.
Article 15 Deletion of and Amendment to Posted Content
15.1 Each Login User has the right, at any time and without providing other Users with prior notice, to delete, amend, or change, in accordance with procedures separately stipulated by PROVIDER, the public, restricted public, or non-public status of Content that the Login User has posted on this Website.
15.2 Each Login User accepts in advance that, even after the Login User deletes, amends, or change as provided for in Article 15.1 the status of Content he or she has posted to restricted public or non-public, he or she may not terminate the license to use that Content granted to other Users before that deletion, amendment, or change of status of that Content.
Article 16 Amendment, Revision and Deletion of Content by PROVIDER
16.1 PROVIDER or a third party designated by PROVIDER (for the purpose of this Article 16, the “Administrator”) may amend, revise, delete, or otherwise take appropriate measures regarding Content posted by a Login User without providing that Login User with prior notice if the Administrator judges, at its sole discretion, that it is necessary or appropriate to do so for the proper operation of the Service.
16.2 No Login User may express any objection against the Administrator with respect to the legality or appropriateness of the measures described in Article 16.1, and the Administrator is not liable for any damage arising in relation to those measures.
16.3 The Administrator is not obligated to disclose to any Login User or third party the Administrator’s reason for amending, revising, deleting, or taking any other appropriate measure in relation to Content in accordance with Article 16.1.
16.4 Article 16.1 does not impose an obligation on the Administrator to monitor the details of Content.
Article 17 Provision of Other Services
In addition to the Services set out in this Chapter IV, each User may use any service separately provided by PROVIDER on this Website in accordance with the procedures stipulated by PROVIDER.
Chapter V Disclaimer
Article 18 Disclaimer
18.1 PROVIDER does not expressly or implicitly guarantee the accuracy, integrity, completeness, quality, or fitness for a particular purpose of the Services and Content, including but not limited to the accuracy or integrity of conversion of files to RDF Files, the feasibility of commercialization, non-infringement of rights, non-existence of potential or other defects, and existence or non-existence of detectable or undetectable errors.
18.2 PROVIDER does not guarantee that the use of Content does not violate any copyright, trademark right or other intellectual property rights, privacy right, right to respect, or other rights of any third party.
18.3 Each User agrees to use the Services or Content at his or her own responsibility after considering the risks described in Articles 18.1 and 18.2.
18.5 Each User accepts in advance that PROVIDER does not respond to any notice or contact from a Third Party with respect to any request, claim, or dispute described in Article 18.4 and that the User in question is to respond to any notice or contact from a Third Party with respect to any such request, claim, or dispute. If a User wishes to make a request to or a claim against another User regarding Content, he or she must directly contact the other User.
18.6 PROVIDER is not liable, under any circumstances, for any economic, physical, or personal damage or incidental, consequential, or other damage (including loss of profit) to any User or any copyright holder of Content arising from using the Services, whether or not PROVIDER receives notification of or recognizes the fact that damage has been or might be incurred.
Chapter VI Miscellaneous
Article 19 Copyright of the Website
Copyright (excluding the copyright to Content, but including the rights set out in Articles 27 and 28 of the Copyright Act), trademark rights, and other intellectual property rights to this Website belong to PROVIDER.
Article 20 Suspension, Discontinuation, Amendment, Cancellation, or Termination of Services
20.1 PROVIDER may temporarily suspend or discontinue all or part of the Services if any of the following occurs, and in that case, PROVIDER must make an announcement to that effect on this Website or notify Users in a manner that PROVIDER considers reasonable, except in urgent cases:
(1) the equipment or communication environment for the Services is faulty or needs to undergo maintenance or be updated;
(2) data is lost due to the hard disk within the server operating the Services crashing or other causes;
(3) the Services are unavailable due to any impediment to social infrastructure, including electrical blackout or fire, or any event of force majeure, such as a natural disaster;
(4) the Services are unavailable due to measures taken under law or ordinance; or
(5) PROVIDER otherwise determines that any of the Services must be suspended or discontinued due to operational or technical reasons in any case other than any of those set out in (1) through (4) above.
20.3 PROVIDER may completely terminate the Services upon making an announcement on this Website or providing Users with notice in a manner that PROVIDER considers reasonable if there are any changes in the social environment, any relevant law or ordinance is established or abolished, or there are any other circumstances under which PROVIDER considers termination of the Services unavoidable.
20.4 PROVIDER is not liable to any User for any damage incurred by that User due to suspension, discontinuation, amendment, cancellation or the complete termination of all or any of the Services.
Article 21 Prohibited Acts
21.1 When using the Services, each User shall not commit any of the following acts (“Prohibited Acts”) without obtaining prior approval from PROVIDER:
(1) notification of false information regarding the Login User Registration Details (including any changed Login User Registration Details notified to PROVIDER in accordance with Article 5.1);
(2) with respect to any Login User, application for Login User Registration under a false name or the name of a third party (including the Login User’s family, such as a parent or sibling) or on behalf of a third party;
(3) use of a third party’s OpenID Account;
(4) unauthorized use of the Services or any other system of PROVIDER;
(5) infringement of any copyright, trademark right or other intellectual property right, image right, publicity right, privacy right, or any other right of PROVIDER, any other User, or a third party;
(6) circulation of any slander regarding PROVIDER, any other User, or a third party (including slander that does not fall under defamation);
(7) posting of comments irrelevant to Content that has been posted;
(8) causing of damage to PROVIDER, any other User, or a third party;
(9) impeding of the operation of the Services through any means;
(10) flooding of the server in excess of normal use;
(11) publication in Content of any file containing a virus, any infected file, or any file or link to a website that is intended to cause harm to another computer;
(12) any action contrary to public morality or order;
(14) use of the Services considered inappropriate by PROVIDER in any way other than any way set out in (1) through (13) above.
21.2 PROVIDER shall, at its own discretion, take necessary measures against any User who has committed any of the Prohibited Acts, such as requesting via email to that User to cease or revoke the Prohibited Acts, or amending, revising, deleting or similarly treating the Content related to the Prohibited Acts.
21.3 If PROVIDER or a third party incurs any damage due to any User committing any of the Prohibited Acts, the User shall compensate PROVIDER or the third party for all damage incurred.
Article 22 Individual Terms and Conditions
Article 24 Use of Content by PROVIDER
24.1 Each Login User grants PROVIDER a worldwide and non-exclusive license to use, free of charge and without providing prior notice, any or all of the Content posted by that Login User.
24.2 Article 24.1 will also apply to each Login User who (a) has cancelled his or her Login User Registration, (b) has died, or (c) is subject to Expulsion.
Article 25 Storage and Disclosure of Content
25.1 PROVIDER may store Content or disclose it to a third party without any User’s approval if PROVIDER is required by law or ordinance or considers it reasonably necessary.
25.2 PROVIDER bears no obligation at any time to store Content.
Article 26 Notice
26.1 PROVIDER shall give notice to or contact Users via email or in a manner that PROVIDER considers reasonable.
26.2 Even if a notice or contact by PROVIDER via email or in any other manner does not reach a Login User due to that Login User’s failure to submit the notification set out in Article 5.1, it will be deemed that the notice or contact reached the Login User at the time it was ordinarily supposed to have reached the Login User.
26.3 Each User shall contact PROVIDER using the contact details stipulated by PROVIDER in advance. PROVIDER does not accept phone calls or visits from Users.
27.2 PROVIDER automatically receives information about each User from his or her browser, including his or her IP address, cookies data, viewed pages, computer system used, and time of use (“User Information”), and records User Information on the server. This information is collected in order to make the Services more convenient for those using them. PROVIDER will only use User Information with legitimate cause, such as to investigate malicious access to, or improper use of, this Website.
Article 28 Transfer of Services
If PROVIDER transfers the Services to a third party, PROVIDER must announce the transfer of the Services on this Website, and each User will be deemed to have consented to the transfer of the Services at the earlier of (i) when the User uses the Services for the first time after the announcement or (ii) when the notification period set out by PROVIDER has passed.
Article 29 General Provisions
Article 30 Applicable Period
(1) the Services terminate;
(2) if the User is a Login User, then he or she deletes all the Content posted by him or her and terminates his or her use of the Services and Content; or
(3) if the User is a Login User, then he or she cancels his or her Login User Registration or is subject to Expulsion by PROVIDER.
30.2 Notwithstanding Article 30.1, the following will apply to Users even after the expiration of the Applicable Period: Article 1; Article 4.4; Article 5.2; Article 6.3; Article 6.4; Articles 7.2 through 7.5; Article 12.3; Article 12.4; Article 13.3; Article 15.2; Article 16; Articles 18 through 21; and Articles 24 through 31.
Article 31 Governing Law, Jurisdiction, and Settlement of Disputes
31.2 The Tokyo District Court has exclusive jurisdiction as the court of first instance with regard to any legal action between PROVIDER and any User with respect to the Services.
31.3 Any dispute arising between Users or between a User and a third party through the Services shall be settled between those parties, and Users shall not file a complaint against, or request compensation for damage from, PROVIDER.