- The Users may create a hyperlink to PODB without the prior consent of Truestar, 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 PODB if the Content is (a) contrary to public order and morality and (b) violates or likely to violate laws and regulation.
- The Users are required to specify the fact that the created hyperlink is the link to PODB when creating such hyperlink in their website (in such case, the Users do not need to obtain approval from or to contact Truestar). The Users are discouraged to incorporate a link to PODB into third-party websites when creating the hyperlink.
COPYRIGHT AND OTHER RIGHTS
- The Content shall belong to Truestar or the third party who grants Truestar the license to use the Content.
- 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 Truestar or the third party who had granted Truestar 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.
- 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 pertaining to the use of such Content.
- 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.
- 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 to quotes) permitted by the Japanese Copyright Act.
LOGO AND EMBLEM
Users may use Truestar’s logo or emblem, provided that the Users confirm such use with Truetsar in advance. When the Users intend to use any logo or emblem, that belongs to other than Trusestar (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.
CITATION AND NOTIFICATION
- Users must cite a source citation for all Content being used. A source citation shall include the name identifying PODB (Prepper Open Data Bank or PODB) and the legal name of Truestar (truestar Inc.). The manner of the source citation shall be made in the following:
Prepper Open Data Bank (truestar Inc.)
PODB (truestar Inc.)
- 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 Truestar. The manner of the notification shall be made in the following:
Created by “Prepper Open Data Bank” (truestar Inc.) with editing
Created by XXXX based on “PODB” (truestar Inc.)
GOVERNING LAW AND JURISDICTION
- These Terms shall be governed by and construed in accordance with the laws of Japan.
- Any disputes relating to the use of the Content based on these Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court in the first instance.
- Truestar 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.
- Truestar does not provide any warranty for the integrity, accuracy, applicability, and usability of the Content available on PODB.
- Truestar 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.
- 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. Truestar shall in no way be liable for the said claims, demands, or conflicts.
- Truestar 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.
- Truestar may amend, transfer, or delete the Content without notice, and Truestar shall not be obligated to compensate for any damage caused by the said amendment, transfer, or deletion.
- Truestar shall not be obliged to compensate for any damage to Users’ hardware, software, or network connections caused by the downloading of the Content from PODB or a third party’s website, infection of computer viruses, and the like.
- Users shall immediately indemnify Truestar for any expenses incurred by Truestar (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.
- 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.
- The Users are encouraged to contact Truestar (https://en.truestar.co.jp/contact/) when the Users become aware of any activities that violate these Terms.
- Please acknowledge that any information provided by the Users may be used for the purpose of improvement of PODB or the expansion of Truestar’s business and may also be disclosed to Truestar’s affiliated companies (including, but not limited to, an entity having capital tie-up with Truestar) for the same purpose. Truestar 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.