Terms and Conditions
Terms and Conditions
Article 1 Application of Terms and Conditions
These Terms and Conditions shall prescribe details with regard to the use of the Japanese Stud Book Database service (referred to as "the Service") provided by the Japan Association for International Racing and Stud Book (JAIRS) on the Internet, and are applied to the use of the Service by the contractors referred to in Article 2 (referred to as "the Contractors").
Article 2 Parties to Utilization Contracts
1. Parties to utilization contracts are prescribed as follows.
a) Individuals who use the Japanese Stud Book Database for personal purposes (Individual Contractors)
b) Organizations which use the Japanese Stud Book Database internally for business purposes (Organizational Contractors)
2. Persons who belong to Organizational Contractors and are nominated to use the Service are referred to as Users.
Article 3 Trial Period
A trial period is provided for the Service for unspecified period until further notice.
Article 4 Fee
1. The Service is provided free of charge during the trial period.
2. When the trial period is terminated, the Service shall be shifted to a pay site.
3. JAIRS shall announce the fee and method of payment, etc., under "Latest News" on its website, etc., at least 30 days before the shift, and Contractors shall be required to enter new utilization contracts at that time.
4. When the trial period is terminated and the fee becomes chargeable, the utilization contract between the Contractor and JAIRS valid during the trial period shall be terminated.
Article 5 Procedure for Application
1. Applications for utilization contracts by individuals shall be made by registering the required information using a method designated by JAIRS.
2. Applications for utilization contracts by organizations shall be made by using the Application Form for the Use of the Japanese Stud Book Database by Organizations (New Application or Change of Details) designated by JAIRS.
Article 6 Acceptance of Applications and Conclusion of Contracts
1. A utilization contract shall become effective at the time when JAIRS sends notice of acceptance of the application and it is delivered to the applicant. JAIRS may not accept an application if it is aware of any of the following.
a) The applicant submitted false information at the time of the application.
b) It is apparent that the payment of the fee for the Service could be defaulted, or it is deemed that the obligation to pay will be difficult to fulfil, due to a petition for bankruptcy, etc.
c) The applicant has previously had a utilization contract terminated by JAIRS, or the use of the Service is suspended by JAIRS at the time of the application.
d) It is deemed that there is an operational or technical difficulty in providing the Service to the applicant.
2. JAIRS shall not disclose its reason for not accepting an application.
3. When JAIRS accepts an application, JAIRS shall issue an ID and password to the Contractor.
Article 7 Prohibition of Transfer, etc., of Rights
Contractors may not allow third parties to use the Service by transferring, mortgaging, lending, renting, leasing, or sublicensing, etc., the right to use the Service.
Article 8 Procedure for Cancellation of Utilization Contracts by Contractors
When a Contractor wishes to cancel a utilization contract, the Contractor shall inform JAIRS to that effect using a method designated by JAIRS. On receipt of this, JAIRS shall bring the use of the Service to an end.
Article 9 Termination, etc., of Utilization Contracts by JAIRS
JAIRS may terminate a utilization contract or suspend the use of an ID without prior notice if it becomes aware of any of the following.
a) A Contractor submitted false information at the time of the application for a utilization contact.
b) A Contractor or User uses the ID or password dishonestly.
c) A Contractor or User deliberately sends a file infected by a virus, etc.
d) JAIRS becomes aware of abuse or dishonest use of the Internet or the database.
e) A Contractor or User disturbs the administration or management of the Service in any way.
f) It is deemed that the environment for use of communication devices, etc., is inappropriate, or there is some problem with maintenance.
g) A Contractor or User delays fulfillment of obligations such as payment of the fee, etc., or refuses payment.
h) It is deemed that a Contractor or User has violated laws or public morals.
i) It is deemed that a Contractor or User has caused loss or damage to a third party.
k) A Contractor or User breaches any article of the Terms and Conditions or the utilization contract.
Article 10 Accessibility
1. The Service shall be accessible 24 hours a day, in principle.
2. However, access to the Service may be temporarily interrupted without prior notice in any of following cases.
a) Maintenance or inspection of system, machines or equipments used for the Service are required regularly or irregularly.
b) A fire or power cut prevents the provision of the Service.
c) A natural disaster such as an earthquake, volcanic eruption, flood or tsunami prevents the provision of the Service.
d) In any other case when JAIRS judges it necessary to temporarily interrupt the Service due to administrative or technical reasons.
Article 11 Procedure to Change the Details of Contract
1. When Individual Contractor wishes to change e-mail address, Individual Contractor shall inform JAIRS to that effect using a method designated by JAIRS.
2. When an Organizational Contractor wishes to change the address, Users, etc., the Organizational Contractor shall apply by using the Application Form for the Use of the Japanese Stud Book Database by Organizations (New Application or Change of Details) designated by JAIRS. On receipt of this, JAIRS shall confirm the change with the Organizational Contractor and make necessary alterations.
Article 12 Connection
1. The Service shall be provided on the Internet using a standard browser.
2. The standard browser mentioned above shall refer to Japanese version or English version of Microsoft Internet Explorer 5.5SP2 or higher for technical protective measures.
Article 13 Personal Information
2. JAIRS shall handle personal information within the scope of the following purposes of use.
a) JAIRS may send e-mails or make phone calls for the purpose of providing the Service, such as notification of ID, responses to requests or inquiries, notification of news or change of service contents, etc.
b) JAIRS may conduct and analyze questionnaires to maintain or improve the level of the Service. c) JAIRS may send information by e-mail on the products, services, etc. of JAIRS or affiliated organizations which may be beneficial to Contractors and Users. Contractors and Users may stop or resume receiving such information by informing JAIRS using a method designated by JAIRS.
d) JAIRS may send e-mails, letters, etc. or make phone calls to seek consent to the handling of personal information from Contactors and Users.
e) JAIRS may send e-mails, letters, etc. or make phone calls due to administrative or managerial reasons of the Service, up to a maximum of one year after termination of the contract.
f) In any other cases when JAIRS obtains consent from Contractors and Users.
3. JAIRS may commission the handling of personal information to affiliated organizations within the necessary scope to implement the purposes of use mentioned in the above clauses.
4. JAIRS shall not disclose or provide personal information to/for third parties unless JAIRS notifies Contractors and Users of the purpose of use of personal information and where personal information is supplied, and obtains the consent from Contractors and Users.
5. Irrespective of Clause 4 of this Article, JAIRS may disclose or provide personal information in any of the following cases.
a) JAIRS may disclose or provide personal information within the necessary scope when demanded to do so by law, such as the Law of Criminal Procedure.
b) When JAIRS judges that it is necessary to protect life, body, or property, JAIRS may disclose or provide personal information within the necessary scope for such protection.
6. Irrespective of Clause 4 of this Article, when JAIRS deems that it is necessary for the specification, payment, and collection of credit or debt in relation to the use of the Service or services of affiliated organizations, etc. by the Contractor, JAIRS may disclose or provide personal information to/for banking facilities or affiliated organizations of credit card companies, etc. within the necessary scope.
7. JAIRS may process information to make it impossible to recognize or identify individuals and then provide it for third parties to implement our service such as the development of new services, etc.
Article 14 Discontinuance of the Service
JAIRS may discontinue the Service with at least three months' prior notice to Contractors.
Article 15 Execution of Right to Use
1. Execution of the right to use the Service based on utilization contracts shall be limited to Contractors and Users only.
2. ID and passwords issued on the basis of utilization contracts shall only be used by persons to whom the ID and passwords are issued. Contractors and Users may not lend these to or share them with any third party.
Article 16 Responsibility for Protection of ID and Passwords
1. Contractors and Users shall protect ID and passwords issued by JAIRS in strict confidence at their own responsibility and shall be solely responsible for them.
2. In the event that a Contractor or User incurs any damage or loss from a third party due to the use of its ID or password, JAIRS shall not be responsible for such loss or damage.
3. Contractors and Users may request the reissue of passwords using a method designated by JAIRS if they forget passwords or have passwords stolen.
4. When the ID and password of a Contractor are used to access the Service, they are deemed to be used by the Contractor, and the Contractor shall be solely responsible for the fee and all other obligations.
Article 17 Indemnification and Principle of User's Own Responsibility
1. In the event that a Contractor causes any loss or damage to a third party in connection with the use of the Service, the Contractor shall resolve the same at its own responsibility and expense, without causing any loss or damage to JAIRS. The same shall apply in the event that a Contractor incurs any loss or damage from a third party in connection with the use of the Service.
2. JAIRS shall not be responsible for any loss or damage incurred by a Contractor or User caused by inability to provide or delays in providing the Service, any error included in the information concerning the Service, or other cases related to the use of the Service.
3. In the event that a Contractor or User breaches any of the articles of the Terms and Conditions or the utilization contract and causes loss or damage to JAIRS, the Contractor or User shall be solely responsible for such loss or damage.
Article 18 Prohibition of Use beyond the Scope
1. Contractors may use information obtained through the Service for the purpose of personal use or for internal business use only, and may not copy, transmit, publish or distribute said information beyond the scope of personal use or internal business use, irrespective of whether for commercial purposes or not. However, this shall not apply if a Contractor enters a license contract for reproduction with JAIRS as separate from the utilization contract prescribed in the Terms and Conditions.
2. Contractors may not allow third parties to act in violation of the above provision.
Article 19 Prohibition of Commercial Activity
Contractors may not undertake any commercial activity such as direct mail using information obtained from the Service.
Article 20 Scope and Restriction of Use
1. Contractors and Users may not copy, save or process data received or printed beyond the scope of personal use or internal business use, except when temporarily downloading them into a memory device to display or print them.
2. Contractors and Users must delete all data printed or temporarily downloaded at the time of termination of utilization contracts. This provision shall not apply when a utilization contract is terminated based on paragraph 4 of Article 4 and a new utilization contract is entered.
3. Contractors and Users may not use information obtained by analyzing the contents, etc., displayed on the browser by reverse engineering, etc., or by evading technical protective measures.
4. Contractors and Users may not deliberately remove, reform, or add false information to the information displayed on the browser or printouts, etc.
Article 21 Intellectual Property Rights
Intellectual property rights with regard to contents, information, charts, photographs, software, etc., related to the Service are assigned to JAIRS and the suppliers of contents, information, charts, photographs, etc.
Article 22 Amendment of Terms and Conditions
1. JAIRS may amend these Terms and Conditions from time to time whenever necessary. When the Terms and Conditions are amended, the new Terms and Conditions shall be applied to utilization contracts.
2. When these Terms and Conditions are amended, JAIRS shall make announcement under "Latest News" on its website, etc., at least 30 days before the amendment.
Article 23 Discussion
In the event that any doubt arises between JAIRS and a Contractor concerning matters not prescribed in the Terms and Conditions or the utilization contract, or concerning the interpretation of the Terms and Conditions or the utilization contract, both parties shall discuss and settle the same in good faith.
Article 24 Applicable Law and Litigation
1. The Law of Japan shall be applied to these Terms and Conditions and utilization contracts.
2. Any litigation with regard to these Terms and Conditions or utilization contracts shall be commenced at the Tokyo District Court only.
Additional Clause (Revised on January 4, 2012)
These revised Terms and Conditions shall take effect as of January 4, 2012
If You Wish to Use the Service Beyond the Scope of Personal Use or Internal Business Use
If you wish to use the service beyond the scope of personal use or internal business use, it is required to conclude license contract as separate from the utilization contract. Please contact us from Comment or Inquiry.