1. General Rules
1.1. Usage Agreement
This Terms of Use Agreement or Usage Agreement (hereafter, simply “Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“User” or “you”) and us, concerning your access to and use of the Service.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY CONTINUING TO ACCESS THE WEBSITE AND SERVICE.
IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO REVISIONS THAT WE MAKE TO THIS AGREEMENT IN THE FUTURE, YOU ARE NOT AUTHORIZED TO ACCESS TO OR USE THE SERVICE.
1.2. Language
Unless otherwise permitted by us, the language used by us when providing the Service will be Japanese or English. The same will apply to the Application and the handling after termination or expiration of the Usage Agreement regarding the Service.
1.3. Notices, Reports
1.3.1. Notices and reports from us to the User will be made by posting on the Website. Unless otherwise permitted by us, the language used in the notices and reports will be Japanese or English. The User must prepare at its expense and responsibility an environment that can correctly display the contents of the Website.
1.3.2. If we give a notice or a report by posting on the Website, such notice or report shall be considered to have been made on the day that such transmission, or the processing that is necessary for enabling the transmission, was completed.
1.3.3. In the event we give a notice or report to the User by a method described in clause 1.3.1, even if such notice or report does not arrive at the User or if the language of the Website cannot be correctly displayed, we will not bear any responsibility for damages that arise as a result of such non-arrival or the inability to be correctly displayed.
1.3.4. The language that can be used if the User makes a claim, notice, inquiry or other communication to us (the “Communications”) will be Japanese or English only, regardless of the method used for such Communications (including, but not limited to, email, mail, facsimile and telephone), and if another language is used in the Communications, such Communications will be deemed to have not been made.
1.4. Amendment of Terms
We may revise these Terms from time to time in its sole discretion and without notice. A revised version of these Terms will be posted on the Website each time changes are deemed necessary. By continuing to access to or use the Service after the revised Terms have been posted, the User agrees to be bound by them.
2. Contents of the Service
2.1. Name of the Site and Tools
Be aware that the name of the Site and tool, "Water Security Compass", is currently in the process of being registered as a trademark. The use of this name without our express written consent is prohibited. We reserve the right to take legal action against any unauthorized use of our trademark.
2.2. Contents of the Service
The Service is an online open-access data and information on water scarcity risk at evaluation points and impact of depriving surrounding of water use opportunities resulting from water use at those points. Those water risk data and information are based on the H08 Global Hydrological Model (“Data”). In accordance with the Agreement that is bound by these Terms, the User is authorized to:
Use the Data for personal work, including supporting commercial activities as long as the content of the data, in total or partially, is not made available to others; and
Publish work results based on the Service with the citation of the source in any publication or presentation as “Water risks data and visualized information for a viable stewardship of freshwater resources provided by Research Initiative for Global Hydrologic Cycles available at Water Security Compass, https://water-sc.diasjp.net (YEAR)”, YEAR being the year of acquisition of the data.
3. Terms of Using the Service
3.1. Terms of viewing or copying the Data and/or Image
When viewing or copying of the images generated by the Website, you agree to the following conditions regarding the use of the Service:
- The evaluation indicators of water resource risks are based on simulation results of the global water cycle model, H08.
- The H08 simulation uses detailed spatial resolution, water resource management facilities, and water demand information as the basis for the simulation. However, these basic data contain errors and uncertainties compared to actual situations, and as a result, the evaluated water resource risks may also include errors and uncertainties.
- To evaluate water resource risks, the simulation results of H08 are aggregated in divided watersheds. However, in some regions, errors may occur in the evaluation results due to the influence of water supply facilities that we have not considered in the designated watershed.
- Water resource risks cannot be expressed by a single evaluation indicator. It is necessary to consider the evaluation results of multiple indicators and make comprehensive judgments.
3.2. Secondary Deliverables
If the User created secondary deliverables by using the Service or any data available on the Website (“Secondary Deliverables”), the User may have a third person (the “End User”) use for free the Secondary Deliverables. In such instance, the User must display the rights under clause 2.2(ⅱ) on the Secondary Deliverables. In addition, the User shall bear the obligation to have the End User comply with these Terms.
3.3. Prohibited Matters
When using the Service, the User may not engage in any of the below acts:
- Infringe the intellectual property rights (whether in or outside of Japan), such as copyrights, trademark rights and patent rights, whether they are ours or those of a third party, or an act that has the likelihood thereof;
- Alter or clear information that can be used by the Service;
- Cause an interference to the use or operation of our facilities, the Server Facilities, or the Telecommunications Facilities, or of those of a third party, or an act that has the likelihood thereof;
- Use the Service in a manner that causes an interference to the communications of a third party, or an act that has the likelihood thereof;
- Interfere with our provision of the Service, or has the likelihood thereof;
- Act that would significantly cause a nuisance to other Users or a third party, an act that would not be socially permitted, or an act that has the likelihood thereof;
- Contravene public order and morals, or an act that has the likelihood thereof;
- Violate the laws and regulations of Japan or the laws and regulations applicable to the User, or an act that has the likelihood thereof;
- Post a link, or promote the posting of a link, knowing that that act will fall under any of the preceding items;
- Distribute, sell, sublicense, incorporate products or services, or otherwise make the whole or part of the Service and/or Data available for the use by a third party for the purposes of generating any income or any other commercial purposes;
- Allow any other part of the Service to be combined with or incorporated into other site or software;
- Remove, alter, attempt to obstruct, or interfere or otherwise render ineffective any aspect of the Service, including the removal or avoidance of the security features, attributions or legal terms that are notified to users as part of accessing or using the Service; or
- An act that we otherwise determine as inappropriate for Users of the Service.
3.4. Measures against Violations and similar misconducts
We may take any of the measures below solely or in combination of several against the User if we determine that the User has engaged in an act that corresponds to a prohibited matter set forth in clause 3.3 or elsewhere in these Terms, if a complaint or claim is made against us by another party regarding the User’s use of the Service and we determine it to be necessary, or if we otherwise determine it to be necessary regarding the operation of the Service:
- Demand to stop the act corresponding to a prohibited matter set forth in clause 3.3 or elsewhere in these Terms;
- Demand to conduct consultations with such other party for resolving the complaint or claim;
- Demand to remove information posted on the internet by using the Service (including information regarding the Secondary Deliverables; the same applies in the following item);
- Restrict the use of parts of the Service;
- Temporarily or permanently suspend the provision of the Service under the provisions of clause 4.1; and
- Terminate the Usage Agreement, the license defined under these Terms, and the User's Account defined under these Terms.
4. Suspension of Provision
4.1. We may temporarily or permanently change or suspend the Service, with or without notice.
4.2. If we change or suspend the provision of the Service under clause 4.1, we will not bear responsibility to compensate damages that each User incurs due to such change, suspension or otherwise, under the preceding clause.
5. No Warranty, Exclusion of Liability
5.1. The information, materials and the Data on the Service are provided on an ‘as is’ basis and any of their use is at the User's sole risk. Unless otherwise specified in these Terms, we shall not make any warranty (including, but not limited to, fitness for a particular purpose, validity of functions and effect, quality of service, safety against threats, merchantability, completeness, accuracy, identity or integrity of the reproduced or relocated data, non-infringement of third party rights, and normal provision of the Service), whether expressly or implicitly, regarding the provision of the Service to the User.
5.2. Unless otherwise specified in these Terms, we shall not bear responsibility, whether responsibility for default, responsibility for tort or other legal responsibility (including both of those in Japan and in a country outside of Japan), for compensating damages incurred by the User regarding the use of the Service (including, but not limited to, damages due to impossibility of using the Service, delay in the provision of the Service, damage to, loss of or theft or divulging by a third party of the User’s installed data, infection by a virus or malware, and the unauthorized access, cracking or misuse of a security hole by a third party).
5.3. We shall not bear any responsibility to the User for any delay of performance or impossibility of performance of all or a part of the Service due to a natural disaster, war, riot, civil war, other force majeure, enactment or abolishment of a law or regulation of Japan or a country other than Japan, an order, disposition or demand by the Government Agencies, usage restriction of the internet, filtering or blocking of a part of the communications via the internet, labor dispute, transportation or communication lines or any other reason not attributable to us.
5.4. Disputes that arise between a third party in Japan or a country other than Japan and us or the User due to the User’s use of the Service shall be resolved by such User at its responsibility and burden of expense, and we will not bear any responsibility.
6. Miscellaneous Provisions
6.1 Privacy Policy
Our privacy policy explains how we treat your personal information and protect your privacy when you use our Service. By using our Service, you agree that we can use such data in accordance with our privacy policy.
6.2 Governing Law
These Terms and the Usage Agreement shall be governed by, and construed in accordance with, the laws of Japan.
6.3 Resolution of Disputes
6.3.1. If a dispute, question or matter that has not been decided arises regarding the Usage Agreement, we and the User shall resolve such matter upon consultation in good faith.
6.3.2. If the User brings a case against us with respect to any dispute attributable to the Usage Agreement or relating to the Usage Agreement, the Tokyo District Court shall have exclusive jurisdiction in the first instance. If we bring a case against the User, we may do so with the Tokyo District Court, in addition to the courts having jurisdiction according to the respective laws of the User’s country. Instead of filing a suit with the courts, by our decision, such dispute can be resolved by arbitration conducted pursuant to the Commercial Arbitration Rules of the Japan Commercial Arbitration Association in Tokyo, Japan, and the User agrees thereto. Such arbitration will be conducted by one (1) arbitrator appointed by us, and the language of the arbitration proceedings will be Japanese. The verdict of such arbitration will be binding on the User and us, regardless of the right to appeal.
Supplementary Provisions
1. Commencement of Application
These Terms and Conditions have been enacted on, and will apply from, April 1st, 2023.