RIKEN SciNetS Terms of Use

These RIKEN SciNetS terms of use (these "Terms of Use") set out the participation guidelines, conditions of use, and other matters regarding the Service (defined in Article 2.1; hereinafter the same) relating to the information system named "RIKEN SciNetS" (this "Website") provided by The Institute of Physical and Chemical Research ("RIKEN") that Users (defined in Article 2.2; hereinafter the same) must comply with.

RIKEN grants the license to use the Service on the condition that Users comply with these Terms of Use. Users who use the Service are deemed to have accepted the conditions under these Terms of Use.

Chapter 1  Introduction

Article 1  Service

RIKEN provides Users with Access (defined in Article 2.8; hereinafter the same) to Content (defined in Article 2.10; hereinafter the same) of this Website and other services that RIKEN provides on this Website.

Article 2  Definitions

2.1The "Service" collectively means the services that RIKEN provides through this Website as described in Article 1.
2.2"User" means a person who uses this Website (referred to collectively as "Users" and individually as the "User").
2.3"Guest Users" means Users who can use Content and functions for which Access is unrestricted (referred to collectively as the "Guest Users" and individually as the "Guest User").
2.4"SciNetS Users" means Users who can use Content and functions for which Access by Guest Users is restricted (referred to collectively as the "SciNetS Users" and individually as the "SciNetS User").
2.5"Logon Users" means SciNetS Users who logon to and use this Website using a user account and password as set out in Article 3.4 (referred to collectively as the "Logon Users" and individually as the "Logon User").
2.6"Temporary Logon Users" means SciNetS Users who are not Logon Users.
2.7"Post" (and variations thereof) means to upload Content to this Website.
2.8"Access" (and variations thereof) means to browse, download, or edit Content on this Website, or to Post Content on this Website.
2.9"SciNetS Lab" means the service to which the User’s Access to Content is controlled by the Owner.
2.10"Owner" means the Logon User authorized to manage Content or given other authority separately provided by RIKEN for an individual SciNetS Lab (referred to collectively as the "Owners" and individually as the "Owner").
2.11"Content" means any data, database, written material, photograph, program, or other creation that is available for use on this Website.
2.12"Exclusive Content" means Content to which Access by Guest Users is limited by Owners.
2.13"Public Content" means Content other than the Exclusive Content.
2.14"Registration Applicant" means a person who wishes to become a Logon User and applies for User registration in accordance with Article 3.

Chapter 2  Logon User

Article 3  User Registration

3.1The Registration Applicant shall apply for registration as a Logon User ("User Registration") in accordance with the procedures separately provided by RIKEN after accepting all the provisions of these Terms of Use.
3.2Upon applying for User Registration the Registration Applicant shall report the following matters and other matters designated by RIKEN:
(1)a valid email address that is under control of the Registration Applicant (excluding addresses for free email accounts); and
(2)the name and sex of the Registration Applicant, organization and division that the Registration Applicant belongs to, and contact information (telephone number).
3.3RIKEN shall approve the User Registration applied for by the Registration Applicant unless any of the following applies:
(1)the Registration Applicant is under 20 years of age (unless the Registration Applicant’s guardian has approved the use of this Website in accordance with Article 3.6);
(2)the Registration Applicant reports false information regarding the matters set out in Article 3.2;
(3)the Registration Applicant applies for User Registration under the name of a third party (including the Registration Applicant’s family, such as a parent or sibling), or on behalf of a third party;
(4)the Registration Applicant has already been Expelled under Article 7 at the time of application described in Article 3.1;
(5)the Logon User applies for User Registration as described in Article 3.1 more than once; or
(6)RIKEN otherwise determines User Registration of the Registration Applicant inappropriate.
3.4After the application described in Article 3.1, RIKEN will send the URL of the registration application page via email to the email address set out in Article 3.2(2). The Registration Applicant shall immediately access the registration application page and create a user account and password in accordance with the procedures separately provided by RIKEN.
3.5The Registration Applicant shall not request RIKEN to disclose the reason for RIKEN’s disapproval of an application for User Registration by the Registration Applicant, or appeal or dispute the decision.
3.6If the Registration Applicant is a minor, the Registration Applicant must obtain approval from his/her guardian to use this Website before applying as described in Article 3.1 in order to have his/her User Registration approved.

Article 4  User Account and Password

4.1Logon Users have an obligation to maintain the user account and password with the duty of care of a good manager to ensure that their user account and password do not become known by a third party.
4.2Logon Users shall not disclose, cause any third party to use, share with any third party, transfer, loan, or otherwise make available to any third party the user account or password.
4.3Logon Users may change their password using the procedures separately provided by RIKEN. Logon Users are obligated to periodically change their password.
4.4If a Logon User’s user account or password is used by a third party, or it is possible that it has been used by a third party, or if a Logon User forgets his/her user account or password, the Logon User shall immediately notify RIKEN and follow RIKEN’s instructions.
4.5If a Logon User’s user account or password is used by a third party RIKEN will deem that it was used by the Logon User, regardless of whether or not the use was due to the Logon User’s willful misconduct or negligence. Logon Users shall bear any damage arising in relation to use of their user account and password, regardless of whether or not it was actually the Logon User who used the user account and password.

Article 5  Notification of Change

5.1If there is any change in the matters reported to RIKEN in accordance with Article 3.2, Logon Users shall promptly notify RIKEN of the change in accordance with the procedures separately provided by RIKEN.
5.2If an email or other notification sent by RIKEN does not reach the Logon User due to a failure to make the notification described in Article 5.1, that email or notification will be deemed to have reached the Logon User at the time it would normally have reached them.
5.3RIKEN bears no responsibility for any disadvantage or damage incurred by Logon Users due to lack of notification by Logon Users described in Article 5.1.

Article 6  Cancellation of User Registration

6.1If Logon Users wish to cancel their User Registration, they shall take the procedures to cancel User Registration separately provided by RIKEN, and the User Registration will be canceled when RIKEN has finished processing those procedures.
6.2Rights regarding the use of the Service held by Logon Users at the time of cancellation of User Registration, excluding rights regarding the use of the Service held by Guest Users, will be extinguished at the same time User Registration is canceled.
6.3Logon Users agree in advance that unless a Logon User cancelling their User Registration suspends publication of Content they Posted before cancellation of their User Registration in accordance with the procedures separately provided by RIKEN, RIKEN will continue to publish that Content and grant license to other Users to use Content in accordance with these Terms of Use, even after cancellation of User Registration.
6.4If a Logon User dies, RIKEN will deem that the Logon User has cancelled his/her User Registration. The Logon User’s eligibility or rights regarding the use of the Service will not be inherited after his/her death.

Article 7  Expulsion

7.1RIKEN may immediately cancel the User Registration of that Logon User without giving prior notice or demand ("Expulsion" (and variations thereof)) if the Logon User:
(1)breaches or may have breached these Terms of Use (including committing any of the Prohibited Acts described in Article 19.1);
(2)is under 20 years of age (unless the Logon User’s guardian has approved the use of this Website in accordance with Article 3.6);
(3)reports false information regarding the matters set out in Article 3.2 (including the changed matters reported in accordance with Article 5.1);
(4)applies for User Registration under a false name or the name of a third party (including the Logon User’s family, such as a parent or sibling), or on behalf of a third party;
(5)has already been Expelled under Article 7.1;
(6)applies for User Registration as described in Article 3.1 more than once;
(7)uses all or part of the Service for commercial reasons, or otherwise uses the Service in a manner not approved by RIKEN;
(8)wrongfully uses the Service or another system of RIKEN; or
(9)uses the Service in any other way that RIKEN deems inappropriate.
7.2Articles 6.2 and 6.3 also apply to Logon Users who have been Expelled.
7.3Expelled Logon Users shall not request RIKEN to disclose the reason for a Logon User’s Expulsion, or appeal or dispute the decision.
7.4RIKEN bears no responsibility for any disadvantage or damage incurred by Expelled Logon Users as a result of Expulsion.
7.5If RIKEN or a third party incurs any damage arising from any matter described in Article 7.1, the Logon User shall compensate RIKEN or the third party for all damage incurred.

Chapter 3  Use of Service

Article 8  Browse, Download, and Use of Content

8.1Users may browse, download, use, or edit any or all of the Public Content; provided, however, they may download, use, or edit the Public Content only if permitted by the Owner of SciNetS Lab of the relevant Public Content.
8.2Users may browse, download, use, or edit any or all of the Exclusive Content only if permitted by the Owner of SciNetS Lab of the relevant Exclusive Content in accordance with the procedures prescribed by the Owner.
8.3Users shall follow the license and other conditions of use in respect of Content and the matters regarding download, use, or edit of Content described in Articles 8.1 and 8.2.

Article 9  SciNetS Lab Posts

9.1Users may Post Content to a SciNetS Lab in accordance with the procedures under the Service only if permitted by the Owner of the SciNetS Lab. In this case, Users permit other Users to browse, download, use, or edit any or all of the Content in accordance with Article 8.1 or 8.2.
9.2The Owner of a SciNetS Lab may change the public or exclusive nature of Content Posted by Users without giving notice to Users. Users shall permit the Owner of the SciNetS Lab in advance to change the public or exclusive nature of Content. Users shall permit other Users to browse, download, use, or edit any or all of the Content in accordance with Article 8.1 or 8.2.
9.3The Owner of a SciNetS Lab has the right to add, delete, or change any or all Content Posted to a SciNetS Lab at any time without giving prior notice to Users. Users approve in advance addition to, deletion of, or change of Content by the Owner of a SciNetS Lab.
9.4When Posting Content under Article 9.1, Users shall establish in respect of Content: (i) the conditions of license chosen in advance by the Owner of the SciNetS Lab where Content is Posted from among the conditions of license presented by RIKEN; or (ii) the conditions of license chosen by the User from among the conditions of license presented by RIKEN.

Article 10  Confidentiality Regarding Exclusive Content

10.1SciNetS Users shall maintain strict confidentiality of any information that the Owner of a SciNetS Lab determines Exclusive Content (the "Confidential Information"), and agrees not to disclose, divulge, or publicize the Confidential Information to any third party without prior written consent of the Owner of the relevant SciNetS Lab.
10.2SciNetS Users agree not to use the Confidential Information for purposes other than the purpose established by the Owner of the relevant SciNetS Lab in advance.
10.3SciNetS Users agree to manage and maintain the confidentiality of the Confidential Information with the duty of care of a good manager so that confidentiality under Article 2, Paragraph 6 of the Unfair Competition Prevention Act is satisfied.
10.4SciNetS Users agree to limit the reproduction or copy of the Confidential Information and the creation of secondary materials (collectively, the "Reproduction") to the minimum necessary extent and to treat the Reproduction in the same manner as the Confidential Information.
10.5If SciNetS Users disclose the Confidential Information to a third party in accordance with Article 10.1, the SciNetS User and the third party shall execute in advance a confidentiality agreement that imposes confidentiality obligations of at least the same degree as the obligation under Article 10. If the third party breaches its confidentiality obligation, RIKEN will deem the breach to have been made by the SciNetS User.
10.6Obligations of SciNetS Users set out in Articles 10.1 through 10.5 will be extinguished if the Exclusive Content is published.

Article 11 Matters Regarding Use of Content

11.1Users shall consider the moral rights of the author of the works included in Content, and shall not use Content in a manner harming the honor or reputation of the author.
11.2With respect to the use of Content, Users shall not make any indication that would cause the mistaken belief that the User and RIKEN or the copyright holder of Content has a special relationship exceeding the extent of license under these Terms of Use.
11.3If the copyright holder of Content so requests, the User shall delete the copyright holder’s name from the Reproduction of the Content or the secondary content created based on the Content.

Article 12  Matters Regarding Posting of Content

12.1When Posting Content, Users shall properly handle any rights included in the Content (including but not limited to copyright, trademark rights or other intellectual property rights, image rights, publicity rights, and privacy rights) at their own responsibility.
12.2When a User uploads a work that the User is licensed by a third party to use or a work of a third party that the User is permitted to use under the provisions limiting copyright on the Content, the User shall expressly and appropriately indicate in the Content that the work belongs to the third party.
12.3Users agree in advance that they will not exercise moral rights on Content they create.
12.4If a User receives a request or claim from another User or a third party (for the purpose of this Article 12.4, "Third Party"), or has a request or claim against a Third Party, as a result of a breach of Article 12.1 or 12.2, Article 16.4 will apply.
12.5RIKEN may configure the Service so that the Content Posted by Users is automatically reflected on this Website after a set Posting period has elapsed.

Article 13  Addition to, Deletion of, and Amendment to Posted Content

13.1Users have the right to, at any time, add to, delete, amend, or change the public or exclusive nature of any or all of the Content that Users have Posted to SciNetS Lab without giving prior notice to other Users, to the extent permitted by the Owner of the SciNetS Lab.
13.2Users acknowledge in advance that the license to use the Content granted to other Users before the addition, deletion, amendment, or change to the public or exclusive nature of any or all of the Content that Users Post as described in Article 13.1 will not end even after the addition, deletion, amendment, or change to the public or exclusive nature of the Content.

Article 14  Deletion of Content by RIKEN

14.1RIKEN may configure the Service so that Content Posted by Users is automatically deleted from this Website after a set Posting period has elapsed.
14.2If RIKEN, an Owner of a SciNetS Lab, or a third party designated by RIKEN (for the purpose of this Article 14, the "Administrator") deems at its discretion that it is necessary or appropriate for the proper operation of the Service, the Administrator may delete, or otherwise take appropriate measures regarding, any or all of the Content during, or any time after, the Posting period without giving prior notice to the User who Posted the Content.
14.3Users may not object to the Administrator with respect to the legality or appropriateness of the measures described in Article 14.2, and the Administrator bears no responsibility for any damage arising in relation to such measures being taken.
14.4The Administrator is not obligated to disclose to Users or third parties the reason for deleting the Content in accordance with Article 14.2.
14.5Article 14.2 does not impose an obligation on the Administrator to monitor the details of the Content.

Article 15  Provision of Another Service

In addition to the Service described in this Chapter 3, Users may use any service separately provided by RIKEN in accordance with the procedures determined by RIKEN or the Owners of SciNetS Labs.

Chapter 4  Disclaimer

Article 16  Disclaimer

16.1RIKEN does not expressly or implicitly guarantee the accuracy, completeness, quality, or fitness for a particular purpose of the Content, including but not limited to 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.
16.2RIKEN does not guarantee that use of the Content does not violate any copyright, trademark right or other intellectual property right, privacy right, right of reputation or other rights of any third party.
16.3Users agree to use the Content at their own responsibility after considering the risks described in Articles 16.1 and 16.2.
16.4If a User receives a request or claim from another User or a third party (for the purpose of this Article 16.4 and Article 16.5, "Third Party"), or has a request or claim against a Third Party, as a result of a breach of these Terms of Use or due to the Content, the User shall handle or resolve the request, claim or dispute arising from the request or claim at its own responsibility and expense so as not to disrupt or cause damage to RIKEN. RIKEN bears no responsibility for any such issues. If RIKEN incurs any damage due to such issues, the User shall compensate RIKEN for all damage, loss, and expenses incurred by RIKEN due to that User’s actions.
16.5Users agree in advance that RIKEN does not respond to any notice or contact from a Third Party with respect to the issues described in Article 16.4 and that Users are to respond to any notice or contact from a Third Party with respect to such issues. If a User wants to make a request or claim to another User regarding the Content, the User wishing to make a request or claim shall directly contact the other User.
16.6RIKEN bears no responsibility at any time for any economic, physical or personal damage, or incidental, consequential or other damage (including loss of profit) to Users or copyright holders of the Content as a result of using the Service, whether or not RIKEN receives notification, or recognizes the fact that damage has been, or may be, incurred.

Chapter 5  Miscellaneous

Article 17  Copyright to the Website

Copyright (excluding copyright to the Content, but including any right set out in Articles 27 and 28 of the Copyright Act), trademark rights, and other intellectual property rights to this Website belong to RIKEN.

Article 18  Suspension, Amendment, Cancellation with Cause or Cancellation of Service

18.1RIKEN may temporarily suspend all or part of the Service if any of the following events occurs. If suspending the Service, RIKEN shall make an announcement to that effect on this Website or notify Users in a manner that RIKEN deems reasonable, except in urgent cases.
(1)Equipment and the communication environment for the Service is faulty or needs to undergo maintenance or be updated;
(2)Data is lost due to the hard disc within the server operating the Service crashing;
(3)The Service is unavailable due to an obstruction to social infrastructure for reasons such as electrical blackout or fire, or force majeure such as a natural disaster;
(4)The Service is unavailable due to measures taken under law or ordinance; or
(5)RIKEN otherwise determines that the Service must be suspended due to operational or technical reasons.
18.2RIKEN may amend the details or name of the Service or cancel all or part of the Service giving prior notice by a set period. These Terms of Use remain effective even after the details or name of the Service are amended.
18.3RIKEN may completely cancel the Service by giving prior notice to Users in a manner prescribed by RIKEN in case of changes in the social environment, the establishment or abolishment of a relevant law or ordinance, or circumstances RIKEN otherwise deems unavoidable.
18.4RIKEN bears no responsibility to Users for any damage incurred by Users due to suspension, amendment, cancellation with cause or complete cancellation of all or part of the Service.

Article 19  Prohibited Acts

19.1When using the Service, Users shall not commit the following acts ("Prohibited Acts") without obtaining prior consent from RIKEN:
(1)To report false information regarding the matters set out in Article 3.2 (including the changed matters reported in accordance with Article 5.1);
(2)With respect to Logon Users, to apply for User Registration under a false name or the name of a third party (including Logon Users’ family, such as a parent or sibling), or on behalf of a third party;
(3)To use a third party’s user account or password;
(4)To use all or part of the Service for commercial reasons (use, recover, reproduce, copy, sell, resell, or otherwise), unless separately permitted by RIKEN;
(5)To wrongfully use the Service or another system of RIKEN;
(6)To violate the copyright, trademark rights or other intellectual property rights, image rights, publicity rights, or privacy rights of RIKEN, other Users or a third party;
(7)To circulate slander regarding RIKEN, other Users or a third party (including slander that does not fall under defamation);
(8)To damage RIKEN, other Users or a third party;
(9)To impede the operation of the Service through any means;
(10)To flood the server in excess of normal use;
(11)To submit a file containing a virus, an infected file, or a file or link to a website that is intended to cause harm to another computer;
(12)To act contrary to public morality or order;
(13)To violate these Terms of Use or any law; or
(14)To use the Service in any other way that RIKEN deems inappropriate.
19.2RIKEN shall request by email any Users who committed any Prohibited Acts to cease or revoke the Prohibited Acts, delete any or all of the Content related to the Prohibited Acts or take other necessary measures at RIKEN’s discretion.
19.3If RIKEN or a third party incurs any damage due to a User committing Prohibited Acts, the User shall compensate RIKEN or the third party for all damage incurred.

Article 20  Individual Terms and Conditions

20.1RIKEN may separately provide individual terms and conditions regarding details of the Service ("Individual Terms and Conditions") in addition to these Terms of Use. The Individual Terms and Conditions constitute part of these Terms of Use, and Users agree to comply with the Individual Terms and Conditions.
20.2If there is any discrepancy between these Terms of Use and the Individual Terms and Conditions, the provisions of the Individual Terms and Conditions will prevail.

Article 21  Addition or Amendment to Terms of Use

RIKEN may add to or amend these Terms of Use at any time. In this case, RIKEN shall provide the additional or amended Terms of Use on this Website, and Users will be bound by the additional or amended Terms of Use at the earlier of (i) when Users use the Service for the first time after the addition or amendment, or (ii) when the notification period set out by RIKEN has passed.

Article 22  Use of Content by RIKEN

22.1Users shall grant RIKEN a worldwide and non-exclusive license to use any or all of the Content Posted by Users, without the obligation to give notice prior to using the Content and free of charge to the following extent:
(1)To use, or run in a newspaper or magazine, on a website or television program, or in package media or any other media, the Content that Users Posted for the purpose of advertisement, promotion or promoting the use of the Service (including all rights to reproduce, quote, transmit, display, distribute, translate (adapt), alter, or release the Content);
(2)To use as targeted search results for search engine; and
(3)To use the Content in a manner that RIKEN deems beneficial to RIKEN or the Service.
22.2Article 22.1 will also apply to Logon Users who have cancelled their User Registration, have died, or are Expelled from the Service.

Article 23  Storage and Disclosure of Content

23.1RIKEN may store Content or disclose it to a third party without the Users’ permission if RIKEN is required by law or deems it reasonably necessary.
23.2RIKEN bears no obligation at any time to store the Content.

Article 24  Notice

24.1RIKEN shall give notice to or contact Users via email.
24.2Users shall contact RIKEN by using the contact form prescribed by RIKEN in advance. RIKEN does not respond to phone calls or visits by the Users.

Article 25  Handling of Personal Information

25.1Users agree in advance that RIKEN handles personal information of Users obtained through the Service in accordance with RIKEN's rule on protection of personal data.
25.2RIKEN automatically receives information about Users from their browsers such as their IP address, cookies information, viewed pages, site requirements and time of use ("User Information"), and records User Information on the server. User Information is collected in order to make the website more convenient for the user to use. RIKEN will only use User Information with legitimate cause, such as to investigate malicious Access or improper use.

Article 26  Transfer of Service

If RIKEN transfers the Service to a third party, RIKEN shall announce the transfer of the Service on this Website, and Users will be deemed to agree to the transfer of the Service at the earlier of (i) when Users uses the Services for the first time after the transfer, or (ii) when the notification period set out by RIKEN has passed.

Article 27  General Provisions

27.1Even if a provision of these Terms of Use is held to be invalid or unenforceable under applicable laws, all other provisions will remain valid and enforceable. Provisions automatically held to be invalid or unenforceable will be amended to the minimum extent necessary to become valid and enforceable.
27.2Consent to waive or not perform any or all of the provisions of these Terms of Use will only be effective in writing, and when signed or affixed with the name and seal of the person who is responsible for consenting to the waiver or non-performance.
27.3These Terms of Use and the Individual Terms and Conditions constitute the complete and exclusive agreement between the parties regarding the Service, and there is no agreement, covenant, or representation regarding the Service other than those expressed in these Terms of Use and the Individual Terms and Conditions. Users who Post Content are not bound by any additional conditions presented by other Users.

Article 28  Applicable Term

28.1These Terms of Use are applicable to Users from the time when the Users use the Service for the first time and until either (i) the Service is completely cancelled or (ii) the Users cancels the registration to Access the Content and their use of the Service or the Content is completely cancelled ("Applicable Term").
28.2Notwithstanding Article 28.1, Articles 2, 4.5 and 5.3, Articles 7.2 through 7.5, Articles 12.3, 12.4, 13.3 and 14, Articles 16 through 19, and Articles 22 through 29 will apply to Users even after the expiration of the Applicable Term.

Article 29  Governing Law, Jurisdiction, and Settlement of Disputes

29.1These Terms of Use are governed by the laws of Japan.
29.2The Tokyo District Court has exclusive jurisdiction as the court of first instance with regard to any lawsuit between RIKEN and Users concerning these Terms of Use.
29.3Any dispute arising between Users or between a User and a third party as a result of using the Service will be settled between those parties, and Users will not file a complaint against, or request compensation for damage from, RIKEN.
Enforcement Date: April 1st, 2010