TERMS OF USE

日本語

 

These Terms of Use (hereinafter referred to as “Terms”) set forth the condition for the use of the ‘Niigata Open Data’ service (hereinafter referred to as “NOD") provided by INSIGHT LAB, Inc. (hereinafter referred to as “INSIGHT LAB”). Whereas NOD utilizes open data made available by the government or local council (hereinafter referred to as “Organizations”). These Terms shall govern the user that uses the content accessible in NOD(for easy reference, users of the content shall hereinafter be referred to as “Users” and the content available in NOD shall hereinafter be referred to as Content”). These Terms are made by and between INSIGHT LAB and Users, and the Users shall be deemed to have agreed to these Terms upon utilizing the Content.

 

1. USAGE

The Users may freely use the Content for commercial purpose, duplicate, make a public transmission, adapt including translation and modification of the Content, provided that the Users complies with these Terms.

 

2. HYPERLINK

1. The Users may create a hyperlink to NOD without the prior consent of INSIGHT LAB, provided, however, that this shall not apply to a case where there is a notice for restriction to link and the like exit. Further, the Users are not allowed to link with NOD if the Content is
   
   • contrary to public order and morality.
   • violates or is likely to violate laws and regulations.
2. The Users are required to specify the fact that the created hyperlink is the link to NOD when creating such hyperlink on their website (in such case, the Users do not need to obtain approval from or to contact INSIGHT LAB). The Users are discouraged to incorporate a link to NOD into third-party websites when creating the hyperlink.

 

3. COPYRIGHT AND OTHER RIGHTS

1. The Content shall belong to INSIGHT LAB or the third party who grants INSIGHT LAB the license to use the Content.
2. A Third Party may own the copyrights or other rights in some of the Content (for the avoidance of doubt, “Third Party” shall mean the entity other than INSIGHT LAB or the third party who had granted INSIGHT LAB with the license for the Content, the same shall apply in this Article). When the Users intend to use the Content where the Third Party owned the rights (including but not limited to the copyright, publicity right), the Users shall, at its responsibility, obtain the consent from such Third Party, unless there is an explicit notification that such rights have been cleared.
3. If a Third Party holds rights to a part of the Content, the said fact shall be directly or indirectly stated or indicated utilizing source citations. However, in some cases, the Third Party’s rights may not be clear or may not be explicitly stated, as such it is the Users’ responsibility to confirm the rights about the use of such Content.
4. The Users must comply with the terms of conditions of the provider for the Content that the User has obtained through an Application Programming Interface provider (API) that is linked to an external database and the like.
5. It is recognized that even if a Third Party owned the copyright to the Content, Users may nevertheless be allowed to use the Content without the consent of the Third Party in the manner (such as quotes) permitted by the Japanese Copyright Act.

 

4. LOGO AND EMBLEM

Users may use INSIGHT LAB’s logo or emblem, provided that the Users confirm such use with INSIGHT LAB in advance. When the Users intend to use any logo or emblem, that belongs to other than INSIGHT LAB (including but not limited to the Organizations or private entities), the Users must confirm the term of use for such logo or emblem with the person in charge of the Organizations or private entities.

5. CITATION AND NOTIFICATION

1. Users must cite a source citation for all Content being used. A source citation shall include the name identifying Niigata Open Data (NOD) and the legal name of INSIGHT LAB (INSIGHT LAB, Inc.). The manner of the source citation shall be made in the following:
    
   （An example of source citation）
   Niigata Open Data (INSIGHT LAB, Inc.)
   or
   NOD (INSIGHT LAB, Inc.)
   
   
   
2. In addition to the source citation prescribed the preceding provision, if the Users edited or revised the Content, the Users must include a notification expressing that the Content has been edited or revised. Further, Users shall not utilize edited or revised Content in a format that may be misconstrued as having been created by INSIGHT LAB. The manner of the notification shall be made in the following:
    
   （An example of the Content has been edited or revised source citation.）
   Created by “Niigata Open Data” (INSIGHT LAB, Inc.) with editing
   or
   Created by XXXX based on “NOD” (INSIGHT LAB, Inc.)

 

6. GOVERNING LAW AND JURISDICTION

1. These Terms shall be governed by and construed by the laws of Japan.
2. Any disputes relating to the use of the Content-based on these Terms shall be subject to the exclusive jurisdiction of the Niigata District Court in the first instance.

 

7. DISCLAIMER

1. INSIGHT LAB shall not be responsible for any act in connection to the use of the Content (including, but not limited to, the use of the Content that has been edited and revised) by the Users.
2. INSIGHT LAB does not provide any warranty for the integrity, accuracy, applicability, and usability of the Content available on NOD.
3. INSIGHT LAB shall not be liable for any damages incurred by the Users due to the use of the Content (including damage arising out of a dispute with a third party) and any damage incurred by the Users or third party due to the Users inability to use the Content.
4. Users shall be fully responsible for the use of the Content, and the Users shall, at its responsibility, resolve any claims, demands, or conflicts arising out of the use of the Content. INSIGHT LAB shall in no way be liable for the said claims, demands, or conflicts.
5. INSIGHT LAB shall not be obliged to compensate for any damage caused by the technical environment such as hardware, software, and network connection used by the Users.
6. INSIGHT LAB may amend, transfer, or delete the Content without notice, and INSIGHT LAB shall not be obligated to compensate for any damage caused by the said amendment, transfer, or deletion.
7. INSIGHT LAB shall not be obliged to compensate for any damage to Users’ hardware, software, or network connections caused by the downloading of the Content from NOD or a third party’s website, infection of computer viruses, and the like.
8. Users shall immediately indemnify INSIGHT LAB for any expenses incurred by INSIGHT LAB (including, but not limited to, attorney fees and compensation) in connection to the Users’ violation of these Terms or any claim and demand arising out of or in connection with User infringing a third party’s rights.

 

8. RESPONSE TO VIOLATIONS OF THESE TERMS

The Users are encouraged to contact INSIGHT LAB (https://insight-lab.co.jp/contact/) when the Users become aware of any activities that violate these Terms.

 

9. MISCELLANEOUS (OTHERS)

1. These Terms do not limit the use of the Content including but not limited to providing a quotation as permitted by the Japanese Copyright Act.
2. Please acknowledge that any information provided by the Users may be used for the improvement of NOD or the expansion of INSIGHT LAB’s business and may also be disclosed to INSIGHT LAB’s affiliated companies (including, but not limited to, an entity having capital tie-up with INSIGHT LAB) for the same purpose. INSIGHT LAB will take appropriate action based on all applicable laws and regulations including the Act on the Protection of Personal Information and the Whistleblower Protection Act for the usage and disclosure of Users’ information.