Section 1 Basic Online Service Rules
The following rules (these “Rules”) apply when using the online services (the “Services) provided by the Board Director Training Institute of Japan (“BDTI”).
1.1 Qualification as a User
The following conditions must be satisfied to qualify as a user of the Services (“User”), and Users are asked to agree to satisfy the following conditions when using the Services. Parties who do not satisfy the qualification conditions may not use the Services.
(1) The User understands the details of these Rules, and agrees to abide by them; and
(2) The User is not (i) an organized crime group, (ii) member of an organized crime group, (iii) a former member of an organized crime group, (iv) quasi-member of an organized crime group, (v) organized crime group affiliated enterprise, (vi) corporate extortionist (such as a person who extorts companies by threatening to disrupt shareholder meetings), (vii) extortionist in the guise of a social activist, etc., (viii) white collar organized crime group, or (ix) any other party equivalent to (i) through (viii) (collectively “Antisocial Force”), and does not have a close relationship with an Antisocial Force.
1.2 Prohibited Activities
Users must not conduct any of the following activities:
(1) Unauthorized use of any program, software, or software code, etc. (“Programs, etc.”) that BDTI uses or provides in relation to the Services;
(2) Actions that cause, or may cause, malfunction of the Services;
(3) Reproduction, modification, distribution, transfer, or lending, etc. of Programs, etc. (except for actions permitted elsewhere in these Rules); and
(4) Damaging BDTI’s reputation or standing, or obstructing the business of BDTI (including, without limitation, the unauthorized use of passwords and data hacking, etc.).
1.3 Disclaimer
1. BDTI shall bear no liability whatsoever in the event that a User or a third party incurs any damage, loss, or other detriment whatsoever due to the theft or
unauthorized use of a user account and password, or any other cause not attributable to BDTI.
2. BDTI makes no guarantee that Programs, etc. will operate smoothly, or at all, on Users’ computers.
3. BDTI shall bear no liability whatsoever for any damage, loss, or other detriment whatsoever incurred by any User or third party due to a User being unable to use all or part of the Services due to causes such as a system crash, telecommunications failure, or system maintenance, etc.
1.4 Copyright and Other Rights
Copyrights and other rights in Programs, etc. all belong to BDTI.
1.5 Suspension or Termination of Use
BDTI may suspend or terminate a User’s right to use all or part of the Service without providing the User with any prior notice (i) if a User violates these Rules, (ii) if BDTI discovers that a User does not satisfy the qualification conditions set forth in 1.1, or (iii) if BDTI determines, taking into account the aim of BDTI or the aim and purpose of the Services, that continued use is not appropriate.
1.6 Service Modifications
BDTI may from time to time modify or abolish all or part of the content of the Services without prior notice to Users.
1.7 Amendment of these Rules
BDTI may from time to time amend all or part of these Rules without prior notice to Users, and any such amendment shall apply to all Users from the time it is posted on BDTI’s website.
1.8 Governing Law
These Rules are governed by the laws of Japan.
1.9 Jurisdiction
The Tokyo Family Court or the Tokyo District Court will have exclusive jurisdiction as the court of first instance with respect to any dispute whatsoever arising in connection with use of the Services.
Section 2 Information Search System
Users shall abide by the rules set forth in this section when using the Information Search System.
2.1 Information Search System
The Information Search System is a service that allows Users to use BDTI’s system to easily and efficiently search various types of corporate information that listed companies, etc. have disclosed on EDINET, etc.
2.2 Use of the Information Search System
1. Users use the Information Search System on their own responsibility. BDTI shall bear no liability whatsoever for any damage, loss, or expense, etc. whatsoever incurred by a User due to use of the Information Search System or based on any information obtained using the Information Search System.
2. Users may only use the Information Search System for their own purposes. In addition to the copyrights and other rights in the Information Search System’s Programs, etc. (see 1.4), the copyrights and other rights in the results obtained from the Information Search System also belong to BDTI, and the use thereof in violation of such rights is strictly prohibited. Although BDTI does not prohibit the writing of reports or papers that benefit from the use of the Information Search System, Users understand that BDTI asks them to disclose that they used BDTI’s Information Search System if they provide such reports or papers to external parties (by stating, for example “The Board Director Training Institute of Japan’s Information Search System – that facilitates the simple collection, comparison, and analysis, etc. of information disclosed by listed companies – was used in the preparation of this report.”). Users are requested to give due consideration to the fact that BDTI is able to conduct its activities thanks to the generosity of its donors.
2.3 Disclaimer Regarding the Information Search System
1. The Information Search System does not provide advice on investment decisions or investment policies. BDTI shall bear no liability whatsoever for any damage whatsoever that is incurred due to investment activities, etc. based on any of the information obtained using the Information Search System.
2. BDTI provides no guarantee whatsoever with regard to the reliability, accuracy (including timeliness) or completeness (whether all related information is listed or included or not) of any of the information that is obtained using the Information Search System. Further, in some cases the Information Search System may utilize third party translation systems, and BDTI provides no guarantee whatsoever with respect to the accuracy of such translations.
3. Information obtained using the Information Search System (the actual information disclosed by each company) may include information to which the disclosing company holds the copyrights and other rights. The copyrights or other rights pertaining to such information belong to the company that disclosed such information. BDTI has not received any specific consent from the holders of these respective rights in connection to the use of the Information Search System. Users should understand that they are liable for any violation of copyright laws or other related laws with regard to the use of the Information Search System. For example, as searching and collecting target information using the Information Search System may be considered an act of reproduction, Users should understand that if certain information is protected by copyright law, they must use the Information Search System within the bounds permitted by law.
4. Various functions (such as (i) functions to allow files to be created and downloaded in Excel, PDF, XBRL, etc. (ii) functions enabling Users to convert the file format and extract and edit text, etc. data, (iii) functions enabling users to export and save data to online spreadsheets, or (iv) functions enabling Users to convert the format of data or data files.) may be added to the Information Search System and provided to Users to facilitate easier and more efficient searches. Users should understand that provision of these functions is at the option of BDTI (or, in some cases, on a trial basis), and that functions that were at one point provided may be terminated or become unusable due to some malfunction. BDTI provides no guarantee whatsoever that these functions will always be provided or that they will always function normally, and BDTI shall bear no liability whatsoever for any damage incurred by Users or other third parties due to such functions.
2.4 Use, and Disclosure to Third Parties, etc. of Information Regarding the Information Search System
BDTI may use information about the manner in which the Information Search System is used (including the number and type of downloads, or the companies whose information is the subject of searches, etc.) in order to consider ways to improve the functionality of the system. BDTI may also produce statistics about the status and manner of usage and disclose them to the public, the companies whose information has been sought, or other third parties, without revealing the identity of particular Users.