API Use Permission Rules

These Tokyo Public Transportation Open Data Challenge API Use Permission Rules (hereinafter referred to as "these Rules") 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 API for the public transportation opening data or public transportation data with specific terms of use provided by the Center to the developers in the application contest titled "Tokyo Public Transportation Open Data Challenge" (hereinafter referred to as "this Challenge") held by the Association.

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 who creates a Challenge submission that conforms to Entry Rules of the Challenge (hereafter referred to as Rules).
  4. The term "Work" 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 Work 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 Catalogue Site" means the website for the Center to provide information on these Data for Developers.
  11. The term "Public Transportation Data Developers Site" means the website for 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 Catalogue 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 Work.
  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 obtained 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' calling frequency or access time 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 Rules and only for the purpose of producing Works with an aim to let Users use them or producing Works with an aim to enter this Challenge, or for the both purposes 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 provided, however, that if the organizer of this Challenge judges that any Developer is using the Public Transportation Data API, the Public Transportation Data Developers Site, and these Data for a purpose other than producing a Work with an aim to enter this Challenge, the Center may keep such Developer from using the Public Transportation Data API, the Public Transportation Data Developers Site, and these Data, and take legal actions against such Developer.
  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 decompose 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 Work;
    (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 Work 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 Work.
  3. Developers will make sure that the contents of the Public Transportation Data displayed in their Work 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 at the email addresses declared by the Developers at registration.
  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 not use these Data for profit.
  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 applied in addition to 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 Works (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 against 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 against 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 against 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 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 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 Work. 5. These Rules will not oblige the Center 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; provided, however, that Developers entering to this Challenge individually will not need to register their affiliation names or departments in their Accounts.
  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 and charged if such Service is a paid 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 Works will state in accordance with the guidelines prepared separately by the Implementation Subject their contact information to be used in inquiries regarding the contents or operation of such Works. Developers will thereby make their best efforts so that inquiries regarding the contents or operation of the Works produced by them will not be sent directly to the open data partners.

Article 12 (Compensation)

  1. If any Work 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 Work 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 Work developed by a Developer using these Data and the Service is, or may be, as judged by the Center, in violation of these Rules, 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 being 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 applying these Rules to such Developer at any time regardless of the reason.
  4. With the termination of the application of these Rules, the Developer shall immediately cease the use of the Public Transportation Data API and these Data via the Work 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 Works 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 Works 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 Public Transportation Open Data Association, 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 Public Transportation Open Data Association, 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.

Established on December 7, 2017.
Revision created on July 17, 2018,
Effective the same date

Specific Terms of Use

Refer to the Japanese version of the "Specific Terms of Use" in "Tokyo Public Transportation Open Data Challenge API Use Permission Rule".