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 developers to set forth the rules pertaining to the use of the public transportation open data or public transportation data with specific terms of use provided by the Center to the developers.

Article 1 (Definitions)

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

1. The term "Public Transportation Data" means data related to public transportation such as operation status of transportation means, route information, facility information, etc.
2. The term "Public Transportation Data Provider" means a person who created and provided the Center with Public Transportation Data or provided the Center with Public Transportation Data under the entrustment by a creator of such Public Transportation Data.
3. The term "Developer" means a person provided with the Public Transportation Data API by the Center.
4. The term "Development Deliverable" collectively means the web systems, applications, IoT gadgets (not limited to but including those similar to these), and documents created by Developers using or referring to the Public Transportation Data API in accordance with these Rules.
5. The term “Public Transportation Data API” means the API for the Center to provide the Development Deliverable with Public Transportation Data.
6. The term "Public Transportation Open Data" means the Public Transportation Data used for the Public Transportation Data API and provided to Developers by the Center which are not restricted in use except by the provisions of these Rules and the guidelines for Public Transportation Data API Developers (hereinafter referred to as "Guidelines") and available free of charge.
7. The term "Specific Terms of Use" means the terms of use established independently by a Public Transportation Data Provider in the provision of their Public Transportation Data.
8. The term "Public Transportation Data with Specific Terms of Use" collectively means such Public Transportation Data used for the Public Transportation Data API that is provided to Developers by the Center under Specific Terms of Use.
9. The term "these Data" collectively means the Public Transportation Open Data and the Public Transportation Data with Specific Terms of Use.
10. The term "Public Transportation Data Catalog Site" means the website of the Center to provide information on these Data for Developers.
11. The term "Public Transportation Data Developers Site" means the website of the Center to provide the functions required in the use of the Public Transportation Data API and technical information for Developers.
12. The term "Service" collectively means the web service provided by the Center for Developers, which collectively refers to the Public Transportation Data API, the Public Transportation Data Catalog Site, and the Public Transportation Data Developers Site.
13. The term “Industrial Property Rights” collectively means patent rights, utility model rights, design rights, trademark rights, and the rights thereto and know-how, etc.
14. The term "Intellectual Property Rights" collectively means Industrial Property Rights and copyrights.
15. The term "User" means a person who uses or reads a Development Deliverable.
16. The term "Account" means the information specific to a Developer and protected by an authentication password used for the Public Transportation Data API and the Public Transportation Data Developers Site to identify the Developer.

Article 2 (Consent to Rules)

1. A Developer who used the Public Transportation Data API, the Public Transportation Data Developers Site, or these Data will be deemed to have agreed to these Rules. Also, a Developer who checked the "Agree" box for these Rules at user registration will be deemed to have agreed to these Rules.
2. A Developer will 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 Developer will, when using the Public Transportation Data API, the Public Transportation Data Developers Site, and these Data, create an Account to use for communications with the Center.
2. A Developer may delete his/her own Account.
3. A Developer 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 therefor to a third party.
4. A Developer 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, the Guidelines, and the Specific Terms of Use of the Public Transportation Data with Specific Terms of Use, grant a non-exclusive right to use the Public Transportation Data API, the Public Transportation Data Developers Site, and these Data to a Developer 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 established communication.
3. No Intellectual Property Rights other than those granted under this Article will be assigned or licensed to Developers by these Rules either explicitly or implicitly.
4. The Center may decide at its own discretion the restrictions on the numbers of Developers' access frequency or the date/time of access to the Public Transportation Data API.

Article 5 (Use of Public Transportation Data API, Public Transportation Data Developers Site, and These Data)

1. Developers may, by agreeing to these Terms and only for the purpose of producing Development Deliverables with an aim to let Users use them, use the Public Transportation Data API, the Public Transportation Data Developers Site, and these Data non-exclusively in accordance with the provisions set forth below.
2. Developers will use the Public Transportation Data API and the Public Transportation Open Data in accordance with the following items:
(1) to use the Public Transportation Data API in a manner as set forth in these Rules and the Guidelines at each access;
(2) to use the Public Transportation Open Data in accordance with these Rules and the Guidelines
(3) not to use the Public Transportation Data API and the Public Transportation Open Data 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 disassemble or modify the Public Transportation Open Data in a manner that may damage the original meaning;
(5) not to display all or part of the Public Transportation Open Data anywhere other than in the Development Deliverable;
(6) if all or part of the Public Transportation Open Data are renewed, to renew the relevant part of the Public Transportation Open Data used in the Development Deliverable immediately in accordance with the Guidelines;
(7) 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 or the Public Transportation Open Data; and
(8) not to make any representation to the effect that the Center, the Association, or any Public Transportation Data Provider will give any guarantee or assume any responsibility concerning the Development Deliverable.
3. Developers will make sure that the contents of the Public Transportation Data displayed in their Development Deliverable will reflect those of the Public Transportation Open Data provided by the Center accurately in accordance with the Guidelines.
4. Developers may combine the Public Transportation Open Data with other data on condition that they will not infringe any Intellectual Property Rights of a third party.
5. The Center may change the formats of the Public Transportation Data API and the Public Transportation Open Data at any time; provided, however, that Developers will be notified in advance of such change.
6. When using the Service, Developers may use the trademarks of the Public Transportation Data API and Public Transportation Open Data in accordance with the Guidelines.
7. Developers may use these Data for-profit or nonprofit in accordance with these Terms and the Guidelines.
8. This Article shall also apply when “Public Transportation Data” is Public Transportation Data with Specific Terms of Use.”

Article 6 (Use of Public Transportation Data with Specific Terms of Use)

1. To the terms of use for the Public Transportation Data with Specific Terms of Use, the Specific Terms of Use of the relevant data will be added on top of the provisions of these Rules; provided, however, that if there is any difference between the Specific Terms of Use and these Rules, the Specific Terms of Use shall prevail.

Article 7 (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.
3. The Center hereby warrants to Developers that the copyrights of these Data are held by the Public Transportation Data Providers or those who provided these Data to the Public Transportation Data Providers (hereinafter collectively referred to as "Public Transportation Data Providers, etc."), and that it has obtained from the Public Transportation Data Providers, etc. non-exclusive rights of use and the permissions concerning the establishment of reuse of these Data.

Article 8 (Intellectual Property Rights)

1. The ownership of the technical results of the inventions, devices, designs, know-how, and works newly obtained by Developers developing the Development Deliverables (hereinafter collectively referred to as "Inventions") and the Intellectual Property Rights pertaining thereto shall be as set forth below:
(1) The ownership of the Inventions made independently by the Center or a Developer and the Intellectual Property Rights pertaining thereto shall be held independently by the party who made such Inventions.
(2) The ownership of the Inventions made jointly by the Center and a Developer or Developers and the Intellectual Property Rights pertaining thereto will be shared by the Center and the Developer(s).
2. The details of practice of the Inventions shared by the Center and the Developer(s) pursuant to the preceding paragraph and the Intellectual Property Rights pertaining thereto will be determined through separate consultation.

Article 9 (Prohibitions)

1. Developers may not use these Data or the Service in violation of the manner as set forth in these Rules and the Guidelines.
2. Developers may not use the Public Transportation Data with Specific Terms of Use in violation of the manner as set forth in the Specific Terms of Use of such Data.
3. Developers may not:
(1) violate, in the use of the Service, the laws and regulations of Japan or the country or region where the Developer 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 these Data and the Service in violation of these Rules, the Guidelines, or the Specific Terms of Use;
(4) collect or accumulate personal information, etc. on other Developer(s) without the prior written permission of the relevant Developer(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.
4. Except as there is a prior written approval of the Center and as separately set forth in the Specific Terms of Use of the Public Transportation Data with Specific Terms of Use, Developers hereby consent that the following acts are prohibited:
(1) to release, reproduce, redistribute, publicly transmit, or assign these data, duplicates of these data, and derivatives of these data (data created by processing, editing, integrating these data where the whole or most of the these original data can be restored) whether with or without consideration in a form reusable by a third party.

Article 10 (No Warranty, Indemnification)

1. The Center, the Association, and the Public Transportation Data Providers will try to maintain the accuracy of these Data and the information on the Service.
2. Developers hereby agree to the following items:
(1) that these Data and the Service will be provided to Developers on an "AS IS" basis;
(2) that the Center, the Association, and the Public Transportation Data Providers will not be liable in any manner for any direct, accidental, consequential, or indirect damage caused to Developers due to the use of, or a failure to use, these Data or 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 7, including, but not limited to, that these Data and the Service are free of defect and the usage of these Data and Service will not be interrupted in use, as well as their merchantability, fitness for a particular purpose, and non-infringement of third party rights.
3. The Center will make its best efforts so that these Data will satisfy the following items:
(1) that these Data will not contain any slander against a third party, anything contrary to public order or illegal contents; and
(2) that these Data contained in these Data will not contain any computer virus.
4. 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 Developers using these Data and the Service;
(2) any damage or disadvantage to Developers resulting from the use of these Data and the Service; and
(3) any damage or disadvantage to users resulting from the use of a Development Deliverable.
5. These Rules will not oblige the Center, the Association or the Public Transportation Data Providers to provide support or upgrades of any type such as failure corrections, support by telephone, fax, or email, and technical services.

Article 11 (Responsibility of Developers)

1. Developers will use these Data and the Service upon their own responsibilities.
2. Developers 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. Developers hereby agree that if the user name or email address and the password to be used to log in to the Service match the Account Information of a Developer, the relevant Developer will be deemed by the Center to have used the Service.
4. Developers will be liable for the costs incurred by the Center, the Association, or any Public Transportation Data Provider due to Developers’ illegal act or breach of Developers’ obligations as set forth in these Rules including 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 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.
5. Developers shall announce to the users that the Center, the Association, and the Public Transportation Data Provider will not be responsible for the accuracy or integrity of these Data. Developers entering web system or application Development Deliverables will state in accordance with the guidelines prepared separately by the Center their contact information to be used in inquiries regarding the contents or operation of such Development Deliverables. Developers will thereby make efforts so that inquiries regarding the contents or operation of the Development Deliverables produced by them will not be sent directly to the Public Transportation Data Provider.

Article 12 (Compensation)

1. If any Public Transportation Data Provider infringes any rights of a third party, the relevant Developer shall take all responsibilities for the response to the third party claiming such infringement, and the Center, the Association, or the Public Transportation Data Providers shall not be responsible or liable therefor in any manner.
2. If any Development Deliverable causes disadvantage or a bad reputation to the Center, the Association, or the Public Transportation Data Providers, the relevant Developer shall take all responsibilities and liabilities for such disadvantage or a bad reputation.

Article 13 (Deletion Authority)

1. If all or part of a Development Deliverable developed by a Developer using these Data and the Service is, or may be, as judged by the Center, in violation of these Terms, the Specific Terms of Use, the Guidelines, or the privacy policy, the Center may suspend, discontinue, terminate, or delete, the use of these Data and the Service by such Developer without notifying such Developer.
2. If a Developer corresponds to any of the following, the Center may suspend, discontinue, terminate, or delete, the use of these Data and the Service by such Developer without notifying such Developer:
(1) when a petition for seizure, provisional seizure, provisional disposition, or auction has been filed, or the Developer 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;
(2) when a bill or check drawn or accepted by the Developer was dishonored or the Developer has otherwise suspended payments;
(3) when the Developer has resolved to dissolve, discontinue business, or assign all or any important part of the business;
(4) when the financial condition has otherwise been, or there are reasonable grounds to believe that it is likely to be, deteriorating;
(5) when the use of the Account has not been confirmed for a certain period of time;
(6) when the Center judges that the trust relationship between the Center and the Developer cannot be restored; and
(7) when it placed a considerable burden on the Center in using the Service such as exceeding the number of frequency of use prescribed in the Guidelines.

Article 14 (Term, Termination, and Change)

1. These Rules shall start being applied to a Developer at the time when the Developer agrees to these Rules and sends the application notice to the Center, and the Center sends the approval notice to such Developer.
2. These Rules will terminate to be applied to a Developer at the time when the Center or the Developer sends the notice of termination of these Rules to the other party.
3. The Center may change, suspend, or discontinue the provision of the Public Transportation Data API and these Data to a Developer and terminate the application of these Rules to such Developer at any time regardless of the reason.
4. With the termination of the application of these Terms, the Developer shall immediately cease the use of the Public Transportation Data API and these Data via the Development Deliverable and delete these Data.
5. The Center may change all or part of the terms of use of these Rules, the Guidelines, and these Data, as necessary, without obtaining the prior consents of Developers; provided, however, that any material change will be effected after giving a prior notice to Developers and a reasonable period has passed.
6. In the preceding paragraph, if these Rules, Guidelines, or the Specific Terms of Use of the Public Transportation Data with Specific Terms of Use are changed and a Developer uses the Public Transportation Data API after the Center gives a notice of such change to Developers, such Developer will be deemed to have agreed to these Rules, the Guidelines, and the Specific Terms of Use of such Data after the change.

Article 15 (Handling of Personal Information)

1. Developers will disclose and register their Account Information to the Center in using these Data and the Service.
2. The Center may use and reproduce the Account Information disclosed by Developers for the communications regarding the use of these Data and the Service, and the maintenance of and improvement in these Data and the Service.
3. Developers hereby agree that the Center will use cookie and other technologies for confirming the use of the same Account for the purpose of the operation and analysis of the services and systems to improve the server and the usefulness of Development Deliverables that use these Data and the Service, obtaining the traffic data between web services or applications and the server to analyze such a data in a statistically processed manner, and use such data statistically processed so that the users cannot be identified.
4. The Center will provide the Public Transportation Data Providers, as necessary, with information on the Development Deliverables that use these Data and the Service, the traffic data between applications and the server, and web services statistically processed so that the 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 16 (Elimination of Antisocial Forces and Prohibition of Violent Acts, etc.)

1. Developers 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 to be socially criticized which their officers or any other person substantially involved in their management has with an Organized Crime Group Member, etc.
2. Developers 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 for Open Data of Public Transportation, the Public Transportation Data Providers, or any person involved in this Challenge;
(2) act of unreasonable demands beyond legal responsibilities against a member, officer, observer, or the Secretariat of the Center or the Association for Open Data of Public Transportation, the Public Transportation Data Providers, or any person involved in this Challenge;
(3) act of using threatening speech or behavior or violence in relation to business;
(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 Developer 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 and these Data by such Developer or any person involved therewith. The Developer shall not make any objection to such action of suspension.

Article 17 (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 19, the effectiveness, legality, and enforceability of the remaining provisions of these Rules will not be affected in any respect.

Article 18 (Survival Provision)

1. The provisions of paragraph 3 of Article 4, Article 6, Article 8 to Article 10, paragraph 3 to paragraph 5 of Article 11, Article 12, Article 13, and Article 15 to Article 19 will survive the termination of the Developers' use of these Data and the Service pursuant to these Rules.

Article 19 (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.
3. Any dispute regarding the contents and performance of these Rules, the Guidelines, and the Specific Terms of Use of the Public Transportation Data with Specific Terms of Use will be subject to the agreed exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court in the first instance.

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

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Specific Terms of Use

Article 1 (Usage Rule of Image Data provided by Bureau of Transportation, Tokyo Metropolitan Government)

1. Images of numbered stations provided by Bureau of Transportation, Tokyo Metropolitan Government shall be used without modification except for the modifications allowed in the following.
(1) Cutting out that leaves only a single route symbol.
(2) Enlarging/shrinking by keeping intact the ratio of horizontal and vertical scale.

Article 2 (Usage Rule of Image Data provided by TOKYU BUS CORPORATION)

1. Image data of company logo provided by TOKYU BUS CORPORATION shall be used without modification except for the modifications allowed in the following.
(1) Enlarging/shrinking by keeping intact the ratio of horizontal and vertical scale.

Article 3 (Usage Rule of Image Data provided by ANA HOLDINGS INC.)

1. Image data of company logo provided by ANA HOLDINGS INC. shall be used without modification except for the modifications allowed in the following.
(1) Enlarging/shrinking by keeping intact the ratio of horizontal and vertical scale.

Article 4 (Usage Rule of Image Data provided by Tokyo Waterfront Area Rapid Transit .Inc)

1. Image data of intra-station map, company logo and numbered stations provided by Tokyo Waterfront Area Rapid Transit .Inc shall be used without modification except for the modifications allowed in the following.
(1) Enlarging/shrinking by keeping intact the ratio of horizontal and vertical scale.

Article 5 (Usage Rule of Image Data provided by Yurikamome Inc.)

1. Image data of intra-station map, and company logo provided by Yurikamome Inc. shall be used without modification except for the modifications allowed in the following.
(1) Enlarging/shrinking by keeping intact the ratio of horizontal and vertical scale.

2. Images of numbered stations provided by Yurikamome Inc. shall be used without modification except for the modifications allowed in the following.
(1) Cutting out that leaves only a single route symbol.
(2) Enlarging/shrinking by keeping intact the ratio of horizontal and vertical scale.

Revision created on March 27, 2020, Effective the same date.
Revision created on August 30, 2019, Effective the same date.
Established on May 31, 2019, Effective the same date