Terms of Use of Public Transportation Open Data Center

Terms of Use of Public Transportation Open Data Center

Terms of Use of Public Transportation Open Data Center (hereinafter referred to as "these Terms") are established between the Association for Open Data of Public Transportation (hereinafter referred to as "Association") operating the Public Transportation Open Data Center (hereinafter referred to as "Center") and the Data Users (defined in Article 1) to set forth the rules pertaining to the use of web services of the Center by the Data Users.

Article 1 (Definitions)

For the purposes of these Rules, the following terms will have the meanings as defined in the respective items:

1. "Public Transportation Data" refers to data provided by the Center.
2. “Public Transportation Data API” means the API for the Center to provide Public Transportation Data.
3. "Public Transportation Data Provider" means a party that provided the Center with the Public Transportation Data or the original data from which such data was created.
4. "Data User" means a person who receives the Public Transportation Data from the Center.
5. "Deliverable" collectively means applications (including but not limited to web applications, mobile applications, and IoT gadgets), data and documents created by Data User using or referring to the Public Transportation Data.
6. "Public Transportation Data Catalog Site" means the website for the Center to provide Data Users with information on Public Transporation Data for Data Users.
7 "Developers Site" means the website for the Center to provide Data Users with the functions required in the use of the Public Transportation Data API and technical information.
8. "Service" collectively means the web service provided by the Center to Data Users, which collectively refers to the Public Transportation Data API, the Public Transportation Data Catalog Site, and the Developers Site.
9. “Industrial Property Rights” collectively means patent rights, utility model rights, design rights, trademark rights, and the rights thereto and know-how, etc.
10. "Intellectual Property Rights" collectively means Industrial Property Rights and copyrights.
11. "General User" means a person who uses or reads a Deliverable.
12. "Account" means the information specific to a Data User and protected by an authentication password used for the Public Transportation Data API and the Developers Site to identify the Data User.

Article 2 (Consent to Rules)

1. A Data User who used the Public Transportation Data API and/or the Developers Site, shall be deemed to have agreed to these Rules. In addition, a Data User who checked the "Agree" box for these Rules at user registration shall be deemed to have agreed to these Rules.
2. A Data User shall be deemed to have agreed to these Rules at one of the points of time of those set forth in the preceding paragraph, whichever comes first.

Article 3 (Creation, Renewal, and Deletion of Account)

1. Each Data User will, when using the Public Transportation Data API, and the Developers Site, create an Account to use for communications with the Center.
2. A Data User may delete his/her own Account.
3. A Data User will use his/her Account with the due care of a good manager, and in order to protect it, not disclose or provide the password to a third party.
4. A Data User will not reuse for the Account the password same as those used for other services or applications.

Article 4 (Permission on Use of Center)

1. The Center will, subject to compliance with these Rules, grant a non-exclusive right to use the Public Transportation Data API, and the Developers Site to a Data User who has created a proper Account.
2. The Internet service provider connection fees and communication expenses to use the Service will be borne by the person who used communication.
3. No Intellectual Property Rights other than those granted under this Article will be assigned or licensed to Data Users by these Rules either explicitly or implicitly.
4. The Center may decide at its own discretion the restrictions on the numbers of Data Users' access frequency or the date/time of access to the Public Transportation Data API.

Article 5 (Use of Public Transportation Data API)

1. Data Users shall use the Public Transportation Data API in accordance with the following items:
(1) to use the Public Transportation Data API in a manner as set forth in these Rules at each access;
(2) to comply with the license set forth by the Public Transportation Data Providers on the the Public Transportation Data obtained via the Public Transportation Data API; The license applicable to Public Transportation Data shall be clearly published on the Public Transportation Data Catalog Site.
(3) not to use the Public Transportation Data API in a manner that may cause disadvantage or a bad reputation to the Center, the Association, or the Public Transportation Data Providers;
(4) not to violate the Intellectual Property Rights of the Center, the Association, or the Public Transportation Data Providers when using the Public Transportation Data API; and
(5) to manage the access token to be used with Public Transportation Data API with due care so that it may not be disclosed to a third party.
2. The Center may change the specification of the Public Transportation Data API at any time; provided, however, that Data Users will be notified in advance of such change.

Article 6 (Copyrights)

1. The copyrights to the Public Transportation Data API will be held by Ubiquitous Networking Laboratory, Yokosuka Telecom Research Park Inc. (hereinafter referred to as "UNL").
2. The Center hereby warrants that it has obtained from UNL non-exclusive rights of use and the permissions concerning the establishment of reuse of the Public Transportation Data API.

Article 7 (Prohibitions)

1. Data Users must not use the Service in violation of the Rules.
2. Data Users must not
1) violate, in the use of the Service, the laws and regulations of Japan or the country or region where the Data Users is living;
(2) destroy or interfere with the functions of the server, data, or network of the Center;
(3) illegally use or cause a third party to use the Service in violation of these Rules;
(4) collect or accumulate personal information, etc. on other Data User(s) without the prior written permission of the relevant Data User(s);
(5) access the server of the Center illegally;
(6) use the Account of a third party; and
(7) acquire the password for the Account of a third party.

Article 8 (No Warranty, Indemnification)

1. The Center, the Association, and the Public Transportation Data Providers will try to maintain the accuracy of the information on the Service.
2. Data Users hereby agree to the following items:
(1) that the Service will be provided to Data Users on an "AS IS" basis;
(2) that the Center, the Association, and the Public Transportation Data Providers shall not be liable in any manner for any direct, accidental, consequential, or indirect damage caused to Data Users and General Users due to the use of, or a failure to use, the Service; this will apply in cases where the Center, the Association, or the Public Transportation Data Providers were informed of the possibility of such damage; and
(3) that the Center, the Association, and the Public Transportation Data Providers will not make any warranty in any manner except those contained in Article 6, including, but not limited to, that the Service meet the quantity, quality and types specified in a contract, the usage of Service will not be interrupted, as well as its merchantability, fitness for a particular purpose, and non-infringement of third-party rights.
3. The Center, the Association, and the Public Transportation Data Provider will not be liable for the following items in any manner:
(1) any illegal act of Data Users using the Service;
(2) any damage or disadvantage to Data Users resulting from the use of the Service; and
4. These Rules will not oblige the Center, the Association or the Public Transportation Data Providers to provide service of any type (including but limited to failure corrections, support by telephone, fax, or e-mail, and technical services) or upgrades.

9. Responsibility of Data Users

1. Data Users shall use the Service on his/her own responsibility.
2. Data Users will make their best efforts to keep the information registered in their Accounts such as the affiliation name, department, name, phone number, and email address (hereinafter referred to as "Account Information") correct and updated;
3. Data Users hereby agree that if the user name or e-mail address and the password to be used to log into the Service match the Account Information of a Data User, the relevant Data User will be deemed by the Center to have used the Service.
4. Data Users will be liable for the costs incurred by the Center, the Association, or any Public Transportation Data Provider due to Data Users' illegal act or breach of Data Users’ obligations as set forth in these Rules including but not limited to the costs paid by the Center, the Association, and/or any Public Transportation Data Provider to restore the damage inflicted by such illegal act, and the compensation for the damages, attorney's fees, etc. paid by the Center, the Association, and/or any Public Transportation Data Provider to third parties due to such illegal act.

Article 10 (Deletion, etc.)

1. If all or part of a Deliverable developed by a Data User using the Service is judged by the Center to be, or likely to be, in violation of the Public Transportation Open Data Basic License, the Specific Terms of Use imposed by the Public Transportation Data Provider on the Public Transportation Data, the Public Transportation Open Data Developer Guideline, or the privacy policy, the Center may suspend, discontinue, terminate, or delete, the use of the Service by such Data User without notifying such Data User.
2. If a Data User is in any of the following conditions, the Center may suspend, discontinue, terminate, or delete, the use of the Service by such Data User without notifying such Data User:
(1) in violation of these Rules;
 (2) when a petition for seizure, provisional seizure, provisional disposition, or auction has been filed, or the Data User is subject to tax delinquency disposition or any other disposition by public authority, or a petition for bankruptcy, corporate reorganization, or civil rehabilitation proceedings or any similar proceedings has been filed;
(3) when a bill or check drawn or accepted by the Data User was dishonored or the Data User has otherwise suspended payments;
(4) when the Data User has resolved to dissolve or discontinue business, or assign all or any important part of the business;
(5) when the financial condition has otherwise been, or there are reasonable grounds to believe that it is likely to be, deteriorating;
(6) when the use of the Account has not been confirmed for a certain period of time;
(7) when the Center judges that the trust relationship between the Center and the Data User cannot be restored; and
(8) when a Data User placed a considerable workload on the Center in using the Service.

Article 11 (Term, Termination, and Change)

1. These Rules shall be applied to a Data User when the agreement is confirmed to the Center by the Data User (Article 2).
2. The Center may suspend or discontinue the provision of the Public Transportation Data API to Data Users at any time regardless of the reason.
3. The Center may change all or part of the terms of use of these Rules without obtaining the prior consents of Data Users; provided, however, that any material change will be effected after giving a prior notice to Data Users and a reasonable period has passed.
4. In the preceding paragraph, if these Rules are changed and a Data User uses the Public Transportation Data API and the Developers Site after the Center gives a notice of such change to the Data User, such Data User shall be deemed to have agreed to these Rules after the change.

Article 12 (Handling of Personal Information)

1. Data Users will disclose and register their Account Information to the Center before using the Service.
2. The Center may use and reproduce the Account Information disclosed by Data Users for the communications regarding the use of the Service and Public Transportation Data, and the maintenance of and improvement in the Service and the Public Transportation Data.
3. Data Users hereby agree that the Center will use cookie and other technologies for analyzing the usage status of the same Account, obtain the traffic data between web services or applications and servers in a manner so that General Users cannot be identified, and analyze such data statistically so that General Users cannot be identified for the purpose of the operation and analysis of the Service and systems to improve the usefulness of Deliverables that use Public Transportation Data and the servers for the Service.
4. The Center will provide the Public Transportation Data Providers, as necessary, with the traffic data between web services, applications and the servers where General Users cannot be identified after, statistical processing so that the General Users cannot be identified.
5. The handling of the Account Information and the personal information pertaining to the use of the Public Transportation Data API not set forth herein will be governed by the privacy policy established separately by the Center.

Article 13 (Elimination of Antisocial Forces and Prohibition of Violent Acts, etc.)

1. Data Users hereby represent and warrant that they themselves, or, in case of a corporation or group (hereinafter referred to as "Corporations"), any person belonging to a group operated by such Corporations including part-timers, are not at present, or will not be in the future, an organized crime group, or a member or quasi-member of an organized crime group, a person who was a member of an organized crime group within the past five (5) years, a company associated with an organized crime group, a corporate racketeer, etc. a person engaging in criminal activities under the pretext of a social activist, etc., or a violent group specialized in intellectual crimes, or any person equivalent thereto (hereinafter collectively referred to as "Organized Crime Group Member, etc.") or have any of the following relationships:
(1) relationship where it is recognized that an Organized Crime Group Member, etc. is controlling their management;
(2) relationship where an Organized Crime Group Member, etc. is substantially involved in their management;
(3) relationship where it is recognized that they are unreasonably using an Organized Crime Group Member, etc. to seek their own, the Corporations', or a third party's illicit gains, or cause damage to a third party;
(4) relationship where it is recognized that they are involved with an Organized Crime Group Member, etc. by such means as offering funds, etc. or providing favors; and
(5) relationship which their officers or any other person substantially involved in their management has with an Organized Crime Group Member, etc. is socially criticized.
2. Data Users hereby warrant that they will not perform any of the following acts for themselves or by using a third party:
(1) act of violent demands against a member, officer, observer, or the Secretariat of the Center or the Association, the Public Transportation Data Providers, etc.;
(2) act of unreasonable demands beyond legal responsibilities against a member, officer, observer, or the Secretariat of the Center or the Association, the Public Transportation Data Providers, etc.;
(3) act of using threatening speech and/or behavior, or violence during business transactions;
(4) act of discrediting or obstructing the business of the Center, the Association, or the Public Transportation Data Providers by spreading rumors or using fraudulent means or force; and
(5) any other act similar to the above.
3. If a Data User is found to be in violation of any of the provisions hereof, the Center may suspend, without any notice or demand, the use of the Service by such Data User or any person involved therewith. The Data User shall not make any objection to such action of suspension.

Article 14 (Severability)

1. Should any part of the provisions of these Rules be judged invalid, illegal, or unenforceable by a court as set forth in Article 16, the effectiveness, legality, and enforceability of the remaining provisions of these Rules will not be affected in any respect.

Article 15 (Survival Provision)

1. The provisions of paragraph 3 of Article 4, Article 7 to Article 8, paragraph 3 to paragraph 4 of Article 9, Article 10, and Article 12 to Article 16 shall survive the termination of the Data Users' use of the Service pursuant to these Rules.

Article 16 (Miscellaneous Provisions)

1. The formation, validity, and performance of these Rules will be governed by and construed in accordance with the laws of Japan in every respect.
2. These Rules shall be in Japanese, and translation thereof into any other languages shall be for reference only. The Japanese text shall govern the interpretation and performance of these Rules.
3. Any proceedings relating to the content and execution of these Rules shall be subject to the exclusive jurisdiction of the Tokyo District Court or Tokyo Summary Court as the first instance.

Revision created on June 1, 2021, Effective the same date.
Revision created on August 30, 2019, Effective the same date.
Established on May 31, 2019, Effective the same date.