DIAS Terms of Service

(This terms shall become effective on the date November 4, 2022.）

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Japan Agency for Marine-Earth Science and Technology (hereinafter, the “DIAS Operator”) shall provide the Services in accordance with these Terms of Service (hereinafter, the “Terms”).
To use the Services, you must agree to these Terms. Please read these Terms carefully.

Chapter 1 About these Terms

Article 1 (Definitions of Terms)

In these Terms, the following terms have the following meanings:

1. Services: Services (including, but not limited to, DIAS datasets, applications, and other content) using the Data Integration and Analysis System (hereinafter referred to as "DIAS").
2. Data: A representation of information that is formatted for communication, interpretation or processing and can be re-interpreted as information.
3. DIAS Datasets: Data that is registered with the Services by the Data Providers and becomes available to the Users on the Services.
4. Rights in DIAS Datasets: Any rights in DIAS Datasets (including but not limited to all intellectual property rights such as copyrights, trademarks, patents and designs).
5. Applications: Any or all software provided or made available through the Services.
6. Content: The text, photos, videos and other content provided or made available through the Services, excluding DIAS Datasets, Applications and Deliverables.
7. Users: Users who use the services provided through this website.
8. Data Providers: Users of the Services who provide DIAS Datasets to other Users.
9. Application Providers: Users of the Services who provide Applications to other Users.
10. Originals: Data contained in DIAS Datasets.
11. Derivative Works: Data, calculations, statistics, diagrams, documents, performance materials and other intellectual property created using the Originals of DIAS Datasets or Applications.
12. Deliverables: Data, information and works of authorship created using the Originals or Derivative Works of DIAS Datasets.
13. Disclose/Disclosure: Provision, transfer, rental, recitation, performance, exhibition, circulation, distribution, redistribution, public transmission or making available for public transmission of Data.
14. Share: Disclosure of DIAS Dataset to a specified small number of third parties.
15. Publish/Publication: Disclosure of DIAS Datasets to an unspecified large number of the general public (including, but not limited to, presentations at academic conferences, publication of research papers and publication in magazines).
16. Business Days: Mondays through Fridays, excluding national holidays stipulated in the Act on National Holidays and days from December 29 to January 3.

Article 2 (Application of these Terms)

The DIAS Operator shall provide the Services in accordance with these Terms; provided, however, that if a Data Provider or a Application Provider offers separate terms of use, separate licenses or separate agreements and a User agrees thereto and uses the Services, such separate terms of use, separate licenses or separate agreements apply in addition to, or in priority to, these Terms between the Data Provider or a Application Provider and the User.

Article 3 (Scope of the Services)

A User may use DIAS Datasets and Applications through the Services. A User shall prepare and maintain, at his/her own expense and responsibility, an environment for using DIAS Datasets and Applications in accordance with these Terms.

Article 4 (Changes to these Terms)

1. The DIAS Operator may add to, modify, or delete (hereinafter, “Change”) these Terms in conjunction with any addition, modification or deletion to or of the Services. In the following cases, the DIAS Operator may amend these Terms by notifying the Users without obtaining the consent of the Users of the Services.
   • (1) If the Change to these Terms conform to the general interests of Users; or
   • (2) If the Change to these Terms does not contradict the purpose of the contract and is reasonable in light of the necessity of the Change, the appropriateness of the contents after the Change, the contents of the Change and other circumstances pertaining to the Change.
2. In Changing the Terms under the preceding paragraph, the DIAS Operator will post a notice on the website of the Services or notify Users by email of the fact that the Terms of Use are being changed, the contents of the Terms of Use after the Change and the effective date thereof, no later than 20 Business Days prior to the effective date of the Terms of Use after the Change. The DIAS Operator shall assume no responsibility for any damages incurred by any User due to the failure of the User to confirm the same.
3. If a User uses the Services on or after the effective date of the Terms of Service after the Change under Paragraph 1, the DIAS Operator shall deem that the User has agreed to the Change to the Terms of Service, and the Services shall be provided in accordance with the Terms of Service after the Change.

Article 5 (Language of Use, etc.)

The original of these Terms shall be in Japanese. Even if a translation in another language is prepared for reference purposes, only the Japanese original shall be effective as the Terms of Service. In case of any discrepancy, inconsistency or difference in interpretation between the Japanese original and the translation in another language, the Japanese original shall prevail. These Terms shall be based on the Japanese Standard Time and calendar year notation.

Chapter 2 Use of the Services

Article 6 (Agreement to Terms of Service)

By using the Services, a User is agreeing to these Terms. The User is required to use the Services after understanding these Terms.

Article 7 (Period of Free Service, etc.)

1. Use of the Service shall be free of charge until the date separately determined by the DIAS Operator; provided, however, that the DIAS Operator may charge for any part of the Services by separately entering into a contract with a User, and the usage fees, payment method and payment due date, etc. shall be specified in the contract separately.
2. After the termination of the free period provided for in the preceding paragraph, the DIAS Operator may provide all or part of the Services that were provided free of charge, for value from the date separately determined by the DIAS Operator. Any User who wishes to uses the Service for value on or after the said date shall be required to confirm the contents of these Terms and other agreements anew and agree to the same.

Chapter 3 User Information

Article 8 (Management of Accounts)

Part of the Services requires a User to register an account (hereinafter, “Limited Services”). A User of the Limited Services shall strictly manage the information such as ID and password relating to his/her account not to be divulged to a third party. The DIAS Operator shall assume no responsibility for any damages incurred by the User or others due to inadequate management, misuse, or use by third parties of account ID or password. Any use and other acts by the User’s account shall be deemed to be use by the User.

Article 9 (Provision and Change of Account Registration Information)

1. Account registration for the Limited Services shall be established when the User submits the necessary matters related to account registration to the DIAS Operator and the DIAS Operator sends a notice of acceptance to the DIAS Operator by the prescribed method.
2. When applying for account registration, the User shall provide information requested by the DIAS Operator, such as his/her name and contact information (hereinafter, “Account Registration Information”) to the DIAS Operator.
3. A User shall be responsible for ensuring that his/her Account Registration Information is true, accurate and up-to-date. When there is any change in Account Registration Information, the User shall promptly notify DIAS Operator in the form prescribed by the DIAS Operator.

Article 10 (Disapproval of Account Registration)

If the DIAS Operator determines that User’s application for account registration falls under any of the following categories, the DIAS Operator may disapprove account registration or disapprove User’s use of the account even after the account has been registered.

1. If registration information contains false entries (e.g., the User is not a real person), or incorrect entries such as errors or omissions;
2. If the DIAS Operator is unable to contact the User with the contact information the User has provided;
3. If the use of services, etc. operated by the DIAS Operator, including the Services, has ever been suspended due to violation of the terms of use or other reasons;
4. If the User has a relationship with anti-social forces or conducts any business that is offensive to public order and morals on his/her own;
5. If there is any obstacle in the conduct of business or technical matters of the DIAS Operator; or
6. In other cases deemed inappropriate by the DIAS Operator.

Article 11 (Personal Information of Users)

The DIAS Operator shall handle the personal information of Users obtained by the DIAS Operator upon the registration of accounts and the use of the Services by the Users in accordance with the Privacy Policy as separately established.

Chapter 4 Obligations and Responsibilities of Users

Article 12 (Prohibited Matters)

No User shall engage in any of the following acts in relation to the use of the Services.

1. An act in breach of these Terms;
2. An act that infringes or is likely to infringe the rights of the DIAS Operator or others;
3. An act of discriminating, slandering or defaming others, or damaging the reputation or credibility of others;
4. An act of using the Services pretending to be a third party;
5. Pre-Election campaign, election campaign or similar acts;
6. Religious activities and solicitation to an organization;
7. Business activities, for-profit use, or preparation therefor;
8. An act of providing false or fictitious information;
9. An act that leads to a crime such as fraud or is related to a criminal act;
10. An act of transmitting or displaying any obscene image or other content that is offensive to others;
11. An act of interfering with the use or operation of other’s facilities or Service Facilities (which means communication facilities, communication lines, computers, and other equipment and software prepared by the DIAS Operator for providing the Services, and the same shall apply hereunder);
12. An act of delivering a harmful program such as a computer virus to a server managed by the DIAS Operator;
13. An act of conducting reverse engineering, decompiling, disassembly, distillation or other modification of the Services and all software or programs used in relation to the Services;
14. An act of collecting personal information of others without obtaining the consent of the person in question or by fraudulent means;
15. An act of violating laws and regulations, these Terms or public order and morals, an act of interfering with the operation of the Services, an act of impairing the credibility of the DIAS Operator or infringing the property of the DIAS Operator or an act of causing disadvantage to others or the DIAS Operator;
16. An act of disclosing personal information of himself/herself or others;
17. An act of redistributing, renting or selling the Services to others except as authorized by the DIAS Operator;
18. An act of using any failure or fault of the Services for any unauthorized purpose or communicating the same to any other person;
19. Acts approved by the DIAS Operator with the purpose or mode of using the Services as an online dating site; or
20. Other acts deemed inappropriate by the DIAS Operator.

Article 13 (Measures against Violations)

The DIAS Operator may, without any notice, suspend the use of the Services, and delete the Data which the Services actually accumulate or suspend the transfer of the Data when the Data which the Data Provider registered in the Services exceeds the specified standard defined by the DIAS Operator or when the User has violated these Terms or there is a reasonable reason to find the User to have violated these Terms. Further, in the event of cancellation, etc. of the contract pertaining to the Services or in the event of termination of the Services, the DIAS Operator may delete the Data stored in the Services under such contract. In no event shall the DIAS Operator be liable for direct or indirect damages to providers, Users or third parties resulting from the deletion of Data or the suspension of Data transfer.

Article 14 (Termination of Use)

1. A User may terminate the use of the Services or DIAS Datasets as of the termination date notified by the DIAS Operator by notifying the DIAS Operator in the manner prescribed by the DIAS Operator. If the User has any obligation related to the Terms of Use against the DIAS Operator, the User shall immediately repay all of it.
2. If such User’s Data remains in the Services after the termination of use, the DIAS Operator may delete such Data and shall not be responsible for such deletion.

Article 15 (User Responsibilities)

1. The User agrees that the use of the Services by the User is under the User’s own responsibility. The DIAS Operator shall not be liable for any disputes, etc. arising between the User and a third party as a result of the User, etc. using the Services.
2. If the User causes any damage to a third party due to a reason attributable to the User or receives a claim, etc. from a third party in connection with use of the Services, the User shall handle and settle the same at his/her own responsibility and cost. The same shall apply when the User suffers any damage from a third party or makes a claim, etc. against a third party in connection with the use of the Services.
3. The Data provided or transmitted by the User, etc. through the use of the Services shall be provided at the responsibility of the User. The DIAS Operator shall not guarantee the content, etc. of the Data or assume any responsibility for the damage caused by the Data.
4. When any User causes any damage to the DIAS Operator intentionally or by negligence, the User shall compensate the DIAS Operator for such damage.

Chapter 5 Management of DIAS Dataset

Article 16 (Registration of DIAS Dataset)

1. By separately entering into a contract with the DIAS Operator, a User may, as a Data Provider, provide Data to the Services in a manner separately specified by the DIAS Operator. The Data provided by the Data Provider shall be registered in the Services as a DIAS Dataset after review by the DIAS Operator.
2. No Data Provider shall provide the Services with any Data that infringes the rights of any third party.

Article 17 (Specification of Terms of Use)

A Data Provider may define the terms of use of DIAS Datasets provided by the Data Provider in the form prescribed by the DIAS Operator. A Data Provider shall be deemed to grant to a User a prior express license under the relevant terms of use for the non-exclusive use of DIAS Datasets by the User to the extent specified in these Terms and such terms of use.

Article 18 (Data License)

1. The DIAS Operator grants the User a license (hereinafter, “License”) to access the Services and use DIAS Datasets within the scope of the authority held by the DIAS Operator.
2. The DIAS Operator grants the License in accordance with the provisions of these Terms and the terms of use as specified by the Data Provider. User may access the Service and use DIAS Datasets only in accordance with these Terms and the terms of use specified by the Data Provider.
3. The DIAS Operator grants the User a limited, revocable, non-exclusive, non-sublicensable and non-transferable license pursuant to Paragraph 1 of this Article.
4. A separate license shall apply to a User in the following events:
   • (1) If DIAS Datasets are provided under a separate license, such as an open data license or an open source license, the separate license shall prevail.
   • (2) If DIAS Datasets are provided on the basis of a separate agreement concluded by the Data Provider and the User, the separate agreement shall prevail.
   • (3) In the event of any inconsistency between these Terms or any terms of use provided by the Data Provider and any separate license or separate agreement, the separate license or separate agreement shall prevail.

Article 19 (Data Ownership)

All rights in DIAS Datasets belong to the current holder of the rights in the DIAS Datasets and are not subject to any assignment or transfer to any third party.

Chapter 6 Term of Use of Data

Article 20 (Purpose of Use)

Users may use DIAS Datasets for academic research and educational purposes. Commercial use of DIAS Datasets must be expressly authorized in advance by the Data Provider.

Article 21 (No Modification)

Users may create Derivative Works using DIAS Datasets and use them in their Deliverables; provided, however, that the Originals and Derivative Works of DIAS Datasets shall not be disclosed without the prior express permission of the DIAS Operator and the Data Provider.

Article 22 (Indication of Source)

If a User discloses the Originals, Derivative Works or Deliverables of DIAS Datasets, the User shall indicate the source of the Data by reference to the method specified for each DIAS Dataset. If the source indication method is not specified, please use the following example to indicate the source.
Example of quote indication:
(Guide) Creator (Year of publication). Title [Class]. Repository name. DOI
(Description Example) Koike Toshio. (2017). GAME Tibet [Data set]. Data Integration
and Analysis System (DIAS). https://doi.org/10.20783/DIAS.496

Article 23 (Acknowledgment)

If a User discloses the Originals, Derivative Works or Deliverables of DIAS Datasets, the User shall endeavor to provide an acknowledgement. If the manner of describing an acknowledgement is not specified, please use the following example as a guide.
Example of acknowledgement:

In this study, [Name of Dataset] provided by [Name of Data Provider] was utilized. This dataset was also collected and provided under the Data Integration and Analysis System (DIAS), which was developed and operated by a project supported by the Ministry of Education, Culture, Sports, Science and Technology.

Article 24 (Usage Report)

If the User Publishes any Deliverables, the User shall submit a copy of the Deliverables (a separate copy shall be required for Publication in the form of a paper, and a copy of the summary of the lecture shall be required for Publication in the form of oral or poster presentations) to the DIAS Operator. In addition, if, in the terms of use of DIAS Datasets, the Data Provider requires a prior use report, the User shall notify the Data Provider or obtain its consent in the manner specified by the Data Provider in the terms of use before Publishing the Deliverables.

Article 25 (Peaceful Uses)

The DIAS Operator shall provide the Services for commercial, academic, press and other non-military purposes only. If it is found that the use against this is made, the provision of the Services to such User shall be stopped.

Article 26 (Usage Audit)

In order to audit the status of use of Data and Applications provided through the Services, the DIAS Operator may enter the User’s place of business and other places by giving prior notice to the User. If any correction is required as a result of the audit, the person subject to the audit shall, upon consultation with the DIAS Operator, take a corrective action under the conditions agreed upon by both parties.

Chapter 7 Operation of the Services

Article 27 (Ownership of Services)

1. The User hereby grants a non-exclusive license to the DIAS Operator, without limitation of time and territory, at no charge, at the time of provision or posting of the said User Content, to use (including secondary use and licensing to third parties designated by the DIAS Operator) the copyrights, trademarks, etc. of the User Content provided by the User to the DIAS Operator or posted in the Services only to the extent necessary for the DIAS Operator to carry out public relations activities such as advertisement and promotion of the Services, or to smoothly provide, improve and maintain the Services. The User shall not exercise his/her moral rights against the DIAS Operator and a person designated by the DIAS Operator.

Article 28 (Management of Content)

A User shall store the User Content provided by the User to the Services as a backup at the User’s own responsibility and expense. If such User Content is lost, damaged or leaked, or is used for any purpose other than the intended purpose due to loss, damage, leakage or other events, the DIAS Operator shall not be liable for any direct or indirect damages incurred by Users as a result thereof regardless of the cause thereof.

Article 29 (Outsourcing of Service Operation)

The DIAS Operator may outsource to a third party all or part of the services required to provide the Services at its discretion. The DIAS Operator shall cause the outsourcee to assume obligations equivalent to those of the DIAS Operator set forth in these Terms for the performance of the outsourced services.

Chapter 8 Service Quality and Disclaimer

Article 30 (No Warranty of Service Quality)

1. The DIAS Operator shall provide the Services on an “as is” basis and to the extent available, and makes no warranties, express or implied, including, but not limited to, the non-infringement of third party intellectual property rights and any other rights, and the merchantability, completeness, accuracy, utility and fitness for a particular purpose of the Services.
2. The Services are under development, and due to the nature thereof, may be provided as those that may not function properly due to bugs, defects, malfunction, etc. (hereinafter, referred to as “Failures”). The DIAS Operator does not warrant that the Services will not be lost, damaged, attacked, subject to virus, interrupted, hacked or otherwise compromised.
3. If any Failure is found in the Services, the DIAS Operator shall notify the Users to that effect by a method separately prescribed and shall endeavor to provide the Services without any Failure or correct such Failure; provided, however, that the DIAS Operator does not guarantee the realization thereof, and shall not assume any responsibility for direct or indirect damages (including damage to communication equipment and software) incurred by Users and damages incurred by third parties due to any Failure of the Services.
4. The DIAS operator shall not be liable for any damages (including but not limited to special damages, indirect damages and loss of profit, loss of opportunity and loss of data, whether or not foreseeable by the DIAS operator;) incurred by users and third parties directly or indirectly in relation to the Service such as use, non-use or unavailability of the Service.
5. The Services are subject to change without notice. In addition, the delivery of the Services may be temporarily interrupted, suspended or unavailable (hereinafter, “Interruption” or “Interrupt”) without notice due to the addition of functions or maintenance, etc.

Article 31 (Interruption of Provision)

1. The DIAS Operator may Interrupt the provision of all or part of the Services in the following events:
   • (1) If it is necessary for maintenance, construction or relocation, etc. of the server facilities or telecommunications facilities;
   • (2) If, pursuant to the provisions of Article 8 of the Telecommunications Business Act, actual or potential occurrence of an emergency situation, such as a natural disaster, causes necessity to give priority to urgent communications for the public interest;
   • (3) If a telecommunications carrier, etc. Interrupts the provision of telecommunications services;
   • (4) If an order, disposition or request is made by the public authority of Japan or a country other than Japan (including public institutions, hereinafter, “Public Institutions”);
   • (5) If the DIAS Operator determines that the conduct of the DIAS Operator would be hindered, for example, that the server facilities or telecommunication facilities, etc. of the DIAS Operator would be disturbed or are likely to be disturbed by the action of a third party (including inaction); or
   • (6) If there are other unavoidable reasons.
2. If the DIAS Operator Interrupts the provision of the Services pursuant to the preceding paragraph, it will give prior notice to that effect along with the reason and the period of Interruption; provided, however, that this shall not apply in case of emergency.
3. If the DIAS Operator Interrupts the provision of the Services pursuant to Paragraph 1 of this Article, it may relocate the server facilities or telecommunications facilities, etc., to the extent necessary to achieve the purpose of such Interruption.
4. In the event of Interruption of the provision of the Services pursuant to Paragraph 1 of this Article, the DIAS Operator shall not be liable for compensation for damages incurred by each User as a result of such Interruption or relocation, etc. under the preceding paragraph.

Article 32 (Termination of the Services.)

The DIAS Operator has the right to terminate any or all of the Services at any time. If the DIAS Operator terminates all or part of the Services, it will provide at least 60 Business Days prior notice to Users of the Services; provided, however, that if the DIAS Operator terminates the Services for unforeseeable reasons or due to unavoidable reasons such as establishment, revision or abolition of laws and regulations or natural disasters, and it is impossible to give 60 Business Days prior notice, the DIAS Operator shall give notice to the Users as promptly as possible. If notice is given in accordance with the procedures set forth in this Article, the DIAS Operator shall not be responsible for the consequences of the termination of the Services.

Article 33 (Force Majeure)

If there is any delay or impossibility in the performance, or any incomplete performance, of all or part of the Services due to an act of God, war, riot or civil commotion, revision, repeal or enactment of laws and regulations, order or disposition by public authorities, strike or other labor dispute, accident of transportation, breakdown or failure of equipment or communication system or other force majeure, the DIAS Operator shall not be liable for any default. In this case, the DIAS Operator shall promptly report to the Users.

Article 34 (Disclaimer)

In relation to the Services or the Terms of Service, etc., the DIAS Operator shall not be liable for any damage incurred by the Users, etc. due to the following events regardless of whether it is based on default liability, tort liability or other legal causes of action:

1. Failure in the Users’ connection environment such as failure of Users’ facilities or Failure of Internet connection service to the Service Facilities;
2. Damage arising from the performance value of the Internet connection service such as the response time from the Service Facilities;
3. In relation to the computer virus protection software installed by the DIAS Operator from a third party, the intrusion into the Facilities for the Service of a computer virus of a type for which no virus pattern, virus definition file, etc. is provided by such third party;
4. Unauthorized access or attack by a third party to the Service Facilities that cannot be protected even with the care of a good manager, or interception on the communication route;
5. Damage arising from the failure of Users, etc. to comply with the procedures and security measures, etc. specified by the DIAS Operator;
6. Damage arising from software (OS, Middleware and DBMS) or database included in the Service Facilities that is not related to the manufacture by the DIAS Operator;
7. Damage arising from hardware included in the Service Facilities that is not related to the manufacture by the DIAS Operator;
8. Damage arising from Failures of telecommunications services provided by a telecommunications carrier;
9. Seizure, search or inspection upon warrant, or compulsory disposition under the provisions of the Act on Wiretapping for Criminal Investigation, or other compulsory disposition under a court order or laws and regulations; or
10. Any other events not attributable to the DIAS Operator.

Chapter 9 General Provisions

Article 35 (Assignment of Contractual Status, Etc.)

No User may assign to any third party, have any third party assume, or provide as security, its status under these Terms or all or part of its rights or obligations under these Terms without the prior written consent of the DIAS Operator.

Article 36 (Severability)

If any clause of these Terms or any part thereof is held to be invalid or unenforceable under the laws of Japan or the country in which any User resides (or the country of the head office if the User is a corporation), other provisions shall remain in force.

Article 37 (Governing Law; Dispute Resolution)

The formation, validity, performance and interpretation of these Terms shall be governed by the laws of Japan. The Tokyo District Court shall have the exclusive jurisdiction of the first instance over any lawsuit arising out of or in connection with these Terms between the DIAS Operator and any User.