HOME > Terms of Use

Terms of Use

Article 1 (Terms of Use)

The JBIS-Search Terms of Use ("Terms of Use," hereafter) are established with regard to the use of JBIS-Search ("the Service," hereafter) provided by the Japan Bloodhorse Breeders' Association ("JBBA," hereafter).

Article 2 (Changes to the Terms)

  1. The JBBA may change the Terms of Use without the consent of Users. In such cases, various conditions such as usage fees shall be in accordance with the newly-changed Terms of Use.
  2. All Users shall be deemed to have acknowledged the changes described in the preceding paragraph after the changes have been displayed on the Service for a period of one month.

Article 3 (Services)

  1. The services provided by JBBA mainly comprise services provided as information used by bloodhorse breeders to improve their bloodhorses, with the services provided constituting information offered over the Internet.
  2. The JBBA provides the following types of services via the Internet.
    • JBIS-Search
    • JBIS-Check
    • JBIS-English

Article 4 (Subscription)

  1. After providing JBBA with the personal information required for subscription, a User is subscribed upon compliance and agreement with the conditions included in the Terms of Use.
  2. Usage of the Service may not be allowed in the event the Service experiences operational interruptions due to technical difficulties or other issues.
  3. The JBBA may not allow use of the Service in the event the individual applying for subscription has current unresolved debts to the JBBA.
  4. The JBBA may not allow use of the Service in the event the individual applying for subscription has previously had their usage suspended in accordance with the Terms of Use.
  5. The JBBA may not allow use when it otherwise deems such use to be inappropriate.

Article 5 (Management of User IDs and Passwords)

  1. Users shall maintain the user IDs and corresponding passwords for using the Service under strict control.
  2. Users shall take responsibility for maintaining the confidentiality of their own user IDs and corresponding passwords.
  3. The unauthorized sharing of user IDs and corresponding passwords shall be a violation of the Terms of Use.
  4. The System takes no responsibility for losses incurred by a User as a result of a User's user ID and corresponding password being used by a thirty party, irrespective of whether the third-party usage is due to intention or negligence on the part of the User concerned.

Article 6 (Usage Fees)

  1. The User shall pay usage fees for the Service set forth by the JBBA as billed, and the JBBA may debit the billing amounts from the financial institution designate by the User.
  2. All billing amounts for the Service shall be in Japanese Yen.
  3. The method for debiting billing amounts shall be the method selected by the User from the methods designated by the JBBA for each type of the Service.
  4. The JBBA may have a designated third party act on its behalf to perform the task of debiting usage fees.
  5. In the event the JBBA is unable to debit the amount billed to the User from their designated financial institution due to circumstances attributable to the User, the JBBA may suspend use of the System for the User concerned without informing them.
  6. The User shall pay all usage fees and charges incurred under their user ID during a billing period in according to the fee settings and billing conditions in effect at the time such fees and charges are incurred.
  7. The User agrees to pay all costs in the event the JBBA incurs any expenses to collect fees in arrears of payment (including reasonable payments made to lawyers and expenditures).
  8. With respect to all fees in arrears of payment, the User shall pay a late penalty at the maximum rate allowed by law per month.
  9. The User shall assume responsibility for the payment of all taxes imposed by the national government or local governments resulting from their use of the JBIS Internet Information Service.

Article 7 (System Improvements, Alterations and Suspension of Use)

  1. In the event of any of the following, the Service may be interrupted or suspended without prior notice to Users.
    1. When required for system maintenance;
    2. When it is no longer possible to provide the Service due to a natural disaster;
    3. When it is otherwise deemed necessary to temporary suspend the Service for operational reasons.
  2. The JBBA has the right to alter the Service (or part of the Service) or suspend the Service at any time, with or without notice.
  3. The JBBA assumes no responsibility whatsoever for Users or other persons with respect to all manner of alterations, interruptions or suspension of the Service.
  4. With regard to disk space allocated to Users, registration limits for various information and the maximum number of days that data and images are to be maintained by the Service as such pertain to the use of the Service, the JBBA has the right to set or change the scope and limits of such without asking Users.

Article 8 (Handling of Information Obtained from the Service and Restriction on Usage of Information)

  1. The User acknowledges that all information obtained through the use of the Service shall be limited to the personal use of the User or the internal use of a legal entity (however, such entities shall be limited to farms that breed or rear bloodhorses).
  2. The User shall subscribe to and use the information obtained from the Service as-is, without processing or editing.
  3. The User may not under any circumstances use the information obtained from the Service for sales activities, profit-oriented activities of the preparation for such activities, irrespective of whether such activities are paid or unpaid.
  4. The User must not duplicate or alter the information obtained from the Service for purposes other than personal use or internal use of a legal entity (however, such entities shall be limited to farms that breed or rear bloodhorses) without the prior consent of the JBBA.
  5. Placement of the information obtained from the Service at a location where it can be freely accessed or obtained by a third party is prohibited.
  6. Further, a User shall not use the information or allow a third party to use the information for business purposes by whatever means, whether sales, publishing, broadcast or otherwise.
  7. In the event that any losses are incurred by the JBBA or a third party due to a User violating these provisions, the User shall compensate for such losses in full.
  8. These restrictions shall remain in force even after the termination of this agreement.

Article 9 (Handling of Information Obtained from Users)

  1. The User assumes responsibility for all manner of electronic communications, including the User's user ID and corresponding password and user registration information entered through that user ID, other information, email addresses and expense-related information pertaining to the holder of the user ID and other generally-related data (collectively referred to as "electronic communications," hereafter).
  2. The User acknowledges that the JBBA trusts the information it has received through the User's user ID, and the JBBA never assumes any form of responsibility for the results of it trusting such information provided by the User.
  3. The JBBA deems the user ID and corresponding password of the User and all electronic communications received through the user ID to have been sent personally by the User.
  4. In the event the User discovers that their user ID and corresponding password have been subject to loss, theft or unauthorized use, the User shall immediately inform the JBBA to this effect.
  5. The User acknowledges that the JBBA is not obligated to notify them of any software upgrades, repairs or functional improvements, and that the JBBA assumes no responsibility whatsoever for the damage or loss of data transmitted through communications equipment or computer networks, including the Internet.
  6. The User may ensure the security of the information they enter by means of data encryption, data security protocols, passwords, or other methods, and the JBBA itself may use those methods or require the User to use those methods.
  7. The JBBA does not assume responsibility for deletion or storage errors regarding the data the User or another person sends to the Service.
  8. Even when the user registration of a User has been deleted, the JBBA shall have no obligation to return or delete the information the User has entered.

Article 10 (User Obligations)

  1. Users shall comply with all applicable domestic and overseas laws, treaties and regulations which relate to use of the Service and refrain from using the Service for the following purposes:
    1. To use information from the Service in connection with the sending of unsolicited or unauthorized advertisements, advertising materials, junk email, spam emails (sent in large volumes to an unspecified number of people), chain letters and all other messages of a repetitive or unsolicited nature, irrespective of whether commercial or not;
    2. To collect or accumulate information or data including email addresses on other Users without their permission;
    3. To use the functions of the Service to engage in the transmission or posting of information harmful to minors, information that constitutes harassment, libel, disparagement, illegal acts, slander, threats, willful harm, the infringement of privacy, vulgar interests, immorality or any other information of an objectionable nature;
    4. To engage in the transmission of information which may violate the intellectual property rights or other rights of another User or third party, including registered trademark rights, copyrights or advertising rights;
    5. To engage in communications that contain software viruses such as Trojans, worms, time bombs and cancelbots, or other harmful computer code, files or programs;
    6. To interfere with or hinder servers or networks connected to the Service or violate regulations, policies or procedures relating to such networks;
    7. To attempt to gain unauthorized access to the Service or other accounts, computers or networks connected to the Service by password mining or other means;
    8. To cause a hindrance by interfering with the use or enjoyment of the Service by other users;
    9. To present, distribute or otherwise transmit objectionable content as so deemed at the sole and absolute discretion of JBBA;
  2. Users must not engage in any of the following:
    1. Acts which impede Service operation and business;
    2. Libel or slander regarding the system or business operation of JBBA;
    3. Any other acts JBBA has reasonable cause to deem inappropriate.
  3. Users must not engage in acts that fall under the preceding two paragraphs and Article 5, Paragraph 3, and in the event a User does engage in such acts, JBBA may cancel use of the Service on the part of the User without any prior notice.

Article 11 (Warranties and Rights)

  1. JBBA makes no manner of representations and warranties, express or implied, with respect to any matters including the accuracy of all information, products, programs or services as part of the Service, including salability or suitability for any particular purpose.
  2. All rights, title deeds and interests (including copyrights and their renewal) to all systems, programs, records, statistical values, data, documents and all other materials used or developed by JBBA, as well as all systems, programs, records, statistical values, data, documents, operating manuals, components and accessories that make up systems that JBBA supplies to provide services in relation to this agreement shall belong to JBBA or the licensor of such rights. The User agrees that these are protected in accordance with law.
  3. The User recognizes that the Service and the software JBBA needs to provide in connection with the Service contain proprietary and confidential information protected by applicable intellectual property rights-related laws and other laws.
  4. The User recognizes that information contained in advertisements on the Service or information provided to the User through the Service and information providers is protected by copyrights, registered trademarks, service marks, patents, other ownership rights and related laws.
  5. The User shall not alter, lend, lease, loan out, sell, distribute or create derivative works based on the Service and its software, whether in full or in part.
  6. The User shall not recreate, duplicate, reproduce, sell, resell or use any part of the Service, use of the Service and access to the Service for commercial purposes. However, this shall not apply to the data a User has input.

Article 12 (Licensing of the Software Provided by the Service)

  1. JBBA grants Users the right to use the object code of related software under non-transferable, non-limiting and terminable conditions. However, Users shall not attempt to duplicate, alter, create derivative works of, reverse engineer, disassemble, take apart or de-edit all or part of the related software, not attempt to obtain its source code by other means, or not attempt to sell, transfer, grant secondary approval or security interests in relation to the software.
  2. The User agrees not to alter the related software in any way or form including but not limited to gaining unauthorized access to the Service, and also agrees not to use the software in altered form.
  3. The User agrees not to access to the Service by any means other than the interface provided by JBBA for accessing the Service.

Article 13 (Other)

  1. In the event this agreement is transferred by a User without the prior written consent of JBBA, such a transfer shall be invalidated as completely meaningless.
  2. While separate memorandums of understanding may be exchanged with regard to the provisions of this agreement, such memorandums shall not be applied mutatis mutandis, and no memorandum of understanding shall be effective unless in writing.
  3. This agreement shall be binding to both parties, their replacements, legal representatives and licensed assignees.

Article 14 (Agreed jurisdictional court)

  1. Tokyo District Court is established as the court of jurisdiction in the event the need for legal action arises between the User and JBBA.