Terms of Service for “researchmap”
researchmap (hereinafter referred to as “researchmap”) is a service operated by the Japan Science and Technology Agency (hereinafter referred to as “JST”) aiming at collection and public disclosure of information on researchers, and offering a place for Researchers to provide information or communicate with each other (all of the services provided under researchmap shall be hereinafter referred to as the “Services”).
These Terms of Service shall be applicable to agreements with regard to use of the Services between JST and Users, and Users may use the Services only in accordance with these Terms of Service and within the scope provided by these Terms of Service.
Definitions of the terms used in these Terms of Service shall be as provided in the following respective items:
(1) “Researchers” means as defined in Section 2-1.
(2) “Organization Clerk” means a staff of one’s Organization, who performs a Surrogate Function for registration on researchmap and management (this means adding to, updating, storing, amending, modifying, deleting the registered matter or, changing the scope of public disclosure; the same shall apply hereinafter) of Researcher Information on the Researchers who belong to the Organization.
(3) “Surrogate Function” means to perform services of registration or management of Researcher Information on Researchers on behalf of them based on the authority granted by Researches. Surrogate Function shall be deleted when an account of the applicable Registered Researchers for which the Organization Clerk performs Surrogate Function is deleted.
(4) “User” means a person who has an account on “researchmap.” User may use (1) the function for Registered Researchers to register and manage their own information, or (2) the Surrogate Function for other Registered Researchers, or (3) both (1) and (2) functions above.
(5) “Registered Researchers” means Researchers whose own information is registered on researchmap (including persons whose information is registered on ReaD on or before 31st August 2011, and persons whose information is registered on Researchmap on or before 20th October 2011).). Registered Researchers may grant Surrogate Function for themselves to another User.
(6) “Individual User” means a User whose account is assigned to an individual.
(7) “Organization” means an organization with which the Researchers are affiliated. An Organization can manage on its own account as an entity
(8) “Account Information” means login ID, password, gender (for Individual User), and email address of Users.
(9) “Profile Information” means basic information (name, a belonging organization, department, profile, etc.) of Registered Researchers, among the information on the Registered Researchers and email address for public disclosure.
(10) “Research Results Information” means information on research achievements among the information on the Registered Researchers.
(11) “Researcher Information” collectively refers to Account Information, Profile Information and Research Results Information.
(12) “Registered Information” means all of the information with regard to the User (including information registered or posted on the researchmap site, titled “research blog,” “community” and “materials exhibition as well as the Researcher Information”)
(13) “Public Information” means information registered as “information to be made available to public” among the Registered Information.
(14) “Limitedly Available Researcher Information” means information registered as “information to be made available only to Users” among the Registered Information.
(15) “Non-Public Information” means information registered as information not to be disclosed to the general public or other Users.
(16) “Laws and Regulations” collectively refers to laws, orders, regulations, bylaws, conventions, indexes, notices, decrees, or guidelines, etc.
(17) Names of other services or organizations will be stated in the Schedule.
2. Use of the Service by Users
The person who may register their own Researcher Information on the researchmap shall be one as indicated in the following items (hereinafter referred to as the “Researchers”):
(1) Person who is engaged in or participates in research activities or who supports such activities;
(2) Person who is engaged in educational activities; or
(3) Other persons JST approves appropriate as persons engaged in research activities or educational activities.
The Organization may, upon obtaining consent of Researchers affiliated with such Organization, have the Organization Clerk collectively perform the Surrogate Function regarding registration of all of the Researcher Information of those Researchers on the researchmap, and management thereof (hereinafter referred to as “Bulk Registration and Management”). The Organization shall have its own Organization Clerk comply with these Terms of Service for use of the Services, and shall agree that any conducts performed by the Organization Clerk regarding the Services shall be deemed those conducted by the Organization itself.
Researchers may grant Surrogate Function to another User for registration on researchmap and management of their Researcher Information on one’s behalf.
The User agrees to abide by the following items when using the Services:
(1) To provide name, e-mail address, and Organization name of Individual User, and any other information required by JST;
(2) To use the Services only for research or educational purposes and not for any other purpose;
(3) To use only the interface provided by JST or of which use is allowed by JST to access the Services, and do not commit unauthorized access or any act that disrupts the operation of the Services;
(4) Not to transfer or sub-license any part of the rights to use the Services;
(5) That JST is not responsible for any damage, loss or liability (hereinafter referred to as “Damage”) incurred in the course of use of the Services;
(6) For the User being the Organization or exercising the Surrogate Function, to warrant that one has been granted necessary authority by the applicable Registered Researchers to agree to these Terms of Service including the provisions on public disclosure of Registered Information and to conduct any necessary actions in relation to the use of the Services; and
(7) To settle any disputes at the User’s own cost and responsibility and hold JST harmless in case of any dispute occurring between the User and a third party (including other Users) in relation to the use of the Services.
3. Security of User Account and Password
The User must keep the User ID and password confidential to be used to access the Services at one’s own responsibility, after obtaining those, and may not lend these to nor allow others to use these.
JST may deem any use of the User ID and password as the use by the User oneself.
The User agrees to assume full responsibility for all the results that occur in connection with the use of User ID and/or password to access the Services.
When the User becomes aware of, or suspects any unauthorized use of one’s own User ID and/or password, the User shall promptly notify JST, and cooperate with JST in any subsequent measures.
4. Bulk Registration and Management
The Organization shall take the following steps in performing Bulk Registration and Management pursuant to Section 2.2:
(1) To apply for the registration using the form prescribed by JST, and to exercise the Surrogate Function for registration on researchmap of the Researcher Information of the Researchers who belong to the User’sone’s Organization and management thereof, after obtaining approval by JST.
(2) Upon registration on researchmap of the Researcher Information of Researchers who belong to the User’s Organization and the management thereof, the User shall obtain consent from each of the Researchers for (i) registration and management of Researcher Information by the Organization and (ii) compliance with these Terms of Service in use of the Services by the Researchers.
Researchers may perform registration or management of their own Researcher Information by themselves if one does not desire Bulk Registration and Management as provided in the preceding paragraph. In addition, consent on Bulk Registration and Management does not prevent any of the Researches from registering and managing their own Researcher Information by oneself.
Any disputes or issues among the Organization, Organization Clerk and/or the Registered Researchers relating to registration, management, use of the Services or Surrogate Function shall be settled by themselves and JST shall bear no responsibility therefore.
5. Editing and Updating Registered Information
JST may edit or update the Researcher Information in the following manner:
(1) Editing and updating Researcher Information based on data obtained from the publication provided by JST or any other third party organization JST approves appropriate,
(2) Editing and updating Research Results Information by the auto registration function for research results, or
(3) In the case where the information of co-authors is registered in the Researcher Information, editing and updating Research Results Information of the Researchers based on the Research Results Information of the relevant co-author.
JST may amend or modify to the extent not changing contents at JST’s discretion, including standardization of notation, aggregation of names, correcting any erroneous or omittance.
When an amendment, modification, deletion or change of scope of public disclosure or similar matter is requested by any third party for the Registered Information and JST considers all or part of the relevant request is appropriate or reasonable, JST may amend, modify, delete or change the scope of public disclosure of applicable Researcher Information.
In addition to the cases as set forth in Sections 5-1 through 5-3, if any of the following is applicable to the Registered Information, JST may amend, modify, delete, or change the status to non-public information, for all or part of the relevant information without any advance announcement:
(1) Where clearly wrong information is included;
(2) Where there is a need to prevent infringement of intellectual property rights or other rights, or violations of Laws and Regulations, these Terms of Service or public order or morals;
(3) Where it is necessary for the purpose of system management; or
(4) Where JST determines it necessary to conduct such actions, for the purpose of management of the Services.
If the User has any objection concerning amendment by JST under this Section, the User may amend the Registered Information by oneself; provided, however, that if Registered Information after amendment falls under the preceding Section 5-4, the preceding Section shall apply in the same way to the amended Registered Information, and JST may at its discretion suspend amendment or change of the Registered Information by the User.
6. Handling of Researcher Information
The User may register Researcher Information by choosing it to be any of Public Information, Limitedly Available Researcher Information or Non-Public Information; provided, however, that Profile Information shall be registered as Public Information. In this relation, it should be noted that even information registered as Limitedly Available Researcher Information or Non-Public Information may be made available to the public or provided to a third party in accordance with these Terms of Service or Laws and Regulations. The details shall be set forth in Sections 6-2 and 7.
Registered Researchers shall agree that JST will use or provide the Researcher Information in a manner specified in the Exhibit. The foregoing shall apply to the case where the applicable information is registered as Limitedly Available Researcher Information or Non-Public Information.
7. Handling of Personal Information
Registered Researchers shall agree that JST will use or provide personal information included in the Registered Information in addition to the case as provided in Section 6, in accordance with these Terms of Service, the Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc., and the Personal Information Protection Regulations provided by JST, and any other Laws and Regulations in relation to provision of personal information. Section6. “Handling of Researcher Information” shall be applicable to Researcher Information.
8. Acquisition and Use of Access Log
JST shall record information on the User on a server as access logs for the Services. Access logs shall include the IP addresses of the User, types of browsers the User uses, and access date and time, and others.
Access logs shall be used for the purpose of investigation of the status of use of the Services, planning, drafting and implementation of various services or businesses by JST, and surveying, analysis and research for such purpose, and shall not be used for the other purposes.
JST may acquire Cookies of the User for the Services for analysis of viewing status and effective information distribution on the web. Cookies are used to distinguish connection devices such as computers, and will not be used for the purpose of identifying an individual.
The User can refuse the use of the Cookies; however, the way of such refusal differs depending on the browser that the User uses. The User can check specific configuration methods regarding Cookie by using “HELP” menu of the browser the User uses.
It shall be noted that if the User selects refusal of all Cookies in one’s configuration setting, the User may have some restriction, such as all or part of the Services becoming non-available.
10. Intellectual Property Rights
The User shall acknowledge and recognize that names, trademarks, service marks, logos and domain names of the Services, and any other intellectual property rights and other rights regarding the website of the Services shall be sole property of JST, ROIS (Research Organization and Information Systems) and other third parties holding such rights, and may not conduct any actions which may infringe the foregoing.
The User shall grant JST the non-exclusive right to use of the information the User provides for the Services (including the Registered Information) and to use the same in a manner as provided in these Terms of Service during the period in which such information is kept registered with the Services.
11. Suspension of the Services by JST
When there is any reasonable ground, JST, on its discretion, may change the contents of the Services, or temporarily suspend or terminate providing all or part of the Services without any advance notice.
12. Termination of Use of the Services by the User
The User may terminate using the Services by taking an account cancellation procedure prescribed by JST through the researchmap site, or by sending email or postal mail to JST.
When Individual User is deceased, JST will manage the account of the relevant Registered Researchers. and continue public disclosure of the Researcher Information; provided, however, that this shall not apply to the case where a relative of the applicable User or the Organization requests JST to discontinue the use thereof.
The User understands and agrees that JST, on its discretion, may suspend or terminate any User’s use of the Services, including the suspension of public disclosure of Registered Information in the Services at any time and take any and all necessary measures therefor without advance notice when any of the following events occurs, in addition to the cases as provided in Sections 11, 12-1 and 12-2:
(1) When the User violates the Prohibitions as provided in Section 14, Covenants as provided in Section 15, or any other provisions of these Terms of Service; or
(2) Where any other event occurs by which providing the Services to the User in the same manner becomes inappropriate or difficult.
When any event occurs as stipulated in the above Section 12-3, , JST may suspend the User’s use of all or part of the Services, modify, amend, delete or change the scope of public disclosure of all or part of the Registered Information, depending on the nature, , degree and other details of such event.
The User’s termination of the use of the Services or other measures as provided in this Section 12 do not affect any rights and obligations of the User and/or JST that have already arisen at that time.
Unless otherwise provided in these Terms of Service, JST will delete the Registered Information when the User’s use of the Service is terminated for any reason; provided, however, that this shall not apply to information registered or posted by the relevant User on the pages titled “research blog,” “community” and “materials exhibition” in the researchmap site, and such information shall remain publicly available after only the account information of the relevant User is deleted.
13. Principles of Self Responsibility, Disclaimer of Warranties for the Services
The User shall use the Services in all aspects at one’s own responsibility and judgment. In addition, the User, at one’s sole responsibility, shall manage Registered Information on one’s own or of the Registered Researchers for whom the User performs Surrogate Function. JST disclaims any warranty for the trueness, accuracy, appropriateness, usefulness, legality, safety, or recency or any other matter involving the Registered Information.
JST disclaims any warranty for interruption, stability or safety of the Services, including non-occurrence of failure, error or malfunction in the systems of the Services.
JST shall assume absolutely no liability for any damage or other harm incurred by the User arising out of or in relation to the following matters:
(1) Use of the Services,
(2) Registration of information in the Services,
(3) Contents and expression of the Registered Information provided in the Services,
(4) Malfunction, errors, failures, concerning the system of the Services and network communication,
(5) Unauthorized access, destruction or alteration of the systems of the Services,
(6) Change, suspension or termination of the Services,
(7) Modification, amendment or deletion of the Registered Information, change of the scope of public disclosure, destruction or loss, damage, manipulation, leak, of the Registered Information,
(8) The User’s use and/or management of IDs and passwords, or
(9) Deletion of the User’s account of Users, suspension or termination of the User’s use of the Services or any other measures by JST
The User acknowledges and agrees that JST will make no covenants or warranties except for those JST expressly covenants or warrants in these Terms of Service, including but not limited to those items in the preceding Section 13-3.
The User may not commit any of the following acts in relation to the use of the Services:
(1) Violations or suspected violations of Laws and Regulations, these Terms of Service and other JST’s Rules and Regulations, or public order or morals;
(2) Infringement or suspected infringement of intellectual property rights and other rights of JST or others (including another Users; the same shall apply hereinafter);
(3) Discriminating or slandering JST or others or causing any harm on their honor or credibility or any actions threatened to do so;
(4) Interfering the business of JST or others, or causing a nuisance or harm to JST or others or any actions threatened to do so;
(5) Registering or posting information that is false or misrepresenting;
(6) Making violent, threating, or discriminatory expressions, excessively controversial or aggressive expressions, obscene expressions, cruel expressions, expressions against the public order and morals, or any other expressions offensive to others;
(7) Profit-making activities such as promotion or advertising, of products and services, Solicitation for political activities and religious activities, or any other acts that do not conform to the objectives of the Services;
(8) Misrepresenting other’s identity, using the Services by pretending to have authority to act on behalf of others which is not granted in fact, pretending to have qualification or experience which one does not have in fact, or misrepresenting to be in an alliance with or in a cooperative relationship with other persons or organizations;
(9) Using ID and password of another User, holding multiple accounts by one person or holding one account by multiple persons jointly (except for cases where JST specifically permits);
(10) Causing server load to JST or others, causing a disruption of the management of the Services and network systems or any actions threatened to do so;
(11) Republishing, reproduction, re-distribution or sales of the Registered Information without permission (except for those for the purpose of management of the Researcher Information by the User, or any other use of the Registered Information within the scope allowed by JST); or
(12) Any other acts JST considers inappropriate in the light of the objectives of the Services or as operation of JST
The User agrees that JST, on its discretion, may modify, amend, delete or make the related Registered Information not available to the public, or take any other measures provided in Sections 12-3 or 12-4 without advance notice to the applicable User if the Registered Information contains contents that actually or are suspected to infringe the rights of JST or others, or violate the Laws and Regulations, these Terms of Service or other JST’s Rules and Regulations, or the public order and morals (including the case where public organizations or experts (which means national or local governmental bodies, bodies their reliability is confirmed as set forth in the Guidelines for the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders, Internet Hotline Center, or lawyers) point out or express opinions to that effect).,.
The User represents and covenants that one, at present, does not, and will not in the future as well, fall under organized crime group, organized crime group member, associate member of an organized crime group, company related to an organized crime group, corporate racketeer (sokaiya), group engaging in criminal activities under the pretext of conducting social campaigns or a crime group specializing in intellectual crimes, or organizations that may assist in the conduct of illegal activities as a group and habitually or a constituent member of such organization or persons judged to be similar thereto in the above items (hereinafter referred to as “Anti-Social Forces”)/
The User represents and covenants that one, at present, does not, and will not in the future as well, have any of the following relationships with Anti-Social Forces.
(1) A relationship whereby it is recognized that the management of such party is controlled by Anti-Social Forces;
(2) A relationship whereby it is recognized that Anti-Social Forces, are significantly involved in its management:
(3) A relationship whereby it is recognized that such party is unlawfully using the Anti-Social Forces including, for the purpose of acquiring unlawful gains for itself or a third party or of causing damage to a third party;
(4) A relationship whereby it is recognized that such party is involved with Anti-Social Forces including, by providing funds or other items or providing services thereto; or
(5) Where its officers or other persons who are substantially involved in its management have a relationship with Anti-Social Forces that is socially reprehensible.
16. Language of these Terms of Service
Translations of these Terms of Service in languages other than Japanese may be prepared for the convenience of the User and others. If any discrepancy arises between these Terms of Service and the translation thereof, the Terms of Service in Japanese shall prevail.
17. Amendment of these Terms of Service
JST may amend these Terms of Service when reasonably considers necessary. When JST is to amend these Terms of Service, JST shall notify the User therewith by posting such amendment on the website or by other means JST sees reasonable by at least 14 days in advance of the day when the relevant amendment comes into effect. If the User does not agree to such amendment, the User may terminate the use of the Services, however, if the User uses the Services after the effective day of such amendment, the User shall be deemed to have agreed to the relevant amendment.
18. Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of Japan. Any disputes arising in relation to the Services shall be subject to the exclusive jurisdiction of Tokyo District Court as court of first instance.