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Regulation on Group Use of Automotive Information Platform
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| Article 1 Main points
of this Membership Regulation |
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MarkLines
Co., Ltd., whose head office is located at 3-18, Akasaka 6-chome,
Minato-ku, Tokyo, Japan (hereinafter referred to as "MarkLines") has
been operating the website "MarkLines Automotive Information Platform"
(URL: www.MarkLines.com) (hereinafter referred to as "Automotive Information
Platform"). This regulation is to specify the rights and obligations
that are applicable when any group, company or any other entity (hereinafter
referred to as" User") has its members who belong to the User (hereinafter
referred to as "Members") use those services (hereinafter referred
to as "Service") provided by MarkLines in the Automotive Information
Platform in accordance with Article 3 of this Regulation based on
a corporate contract approval ID and password.
Note that Members shall be limited to persons who work within the
organization of the User that is stated in the company name column
on the application form for the Service and any employee of its foreign
branch or representative office, or its affiliated or subsidiary company
shall not be considered as a Member. In order for any such employee
to make use of the Service, a separate application must be completed
by the foreign branch or representative office, or the affiliated
or subsidiary company.
Furthermore, employees who are transferred from User companies to
other companies, including group companies, subsidiaries, overseas
branches or representative offices, come under the jurisdiction of
these other companies and as such are no longer eligible to avail
themselves of the Service provided to the original User company that
transferred these employees. In order for these employees to avail
themselves of the Service, the other companies to which these employees
were transferred will need to become Users.
However, employees transferred must be have the status of regular,
full-time employees at the other companies, since persons transferred
to work temporarily on assignment or work in the capacity of guest
engineers, for example, are ineligible to use the Service. |
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| Article 2 Regulation
on individual ID use of Automotive Information Platform
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User shall abide
by all of the provisions of this Regulation as well as the "Regulation
on Individual ID Use of Automotive Information Platform" , the
"Regulation on Use of Automotive Information Platform" and
the "Regulation on Use of Information Transmission Service"
provided separately (these three regulations and this present Regulation are
hereinafter collectively referred to as the "Relevant Regulations").
If there is anydifference between the Relevant Regulations, the provisions
of this Regulation shall takeprecedence. |
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| Article 3 Services provided
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| 1. |
Members may obtain
individual ID and password of the Automotive Information Platform
and use the Research Tools and the Marketing Tools, by applying for
the use of the Automotive Information Platform as provided in Article
3 of the "Regulation on Individual ID Use of Automotive Information
Platform" by using the corporate contract approval ID and password
of the Automotive Information Platform. |
| 2. |
MarkLines may change
any Service set forth in the Preceding Paragraph hereof to this Service
and/or delete any menu from this Service by making a notice to Members;
provided, however, that MarkLines shall give such notice to Members
in accordance with Article 2 of "Regulation on Individual ID
Use of Automotive Information Platform." |
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| Article 4 Application
for use |
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Any company that
desires to apply for the purpose of obtaining a corporate contract
approval ID and password (hereinafter referred to as "Applicant")
shall fill in the necessary information in the application form for
the Service in order to apply for the corporate contract approval
ID and password (hereinafter referred to as " Application for Use").
Note that use of this Service shall be limited to the Applicant that
is stated in the company name column on the application form. In order
for the Applicant's any affiliated companies, subsidiary companies,
foreign branches, or foreign representative offices to make use of
the Service, they each must complete a separate Application for Use.
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| Article 5 Approval of
Application for Use |
| 1. |
After Applicant
completes and submits the Application for Use set forth in Article
4 hereof, MarkLines will investigate it. However, Applicant is requested
to understand in advance that MarkLines may, when necessary, ask Applicant
to present a certified copy of Applicant's seal impression, a certified
copy of commercial registration as well as any other documents designated
by MarkLines as being necessary. |
| 2. |
When MarkLines has
decided to accept such Application for Use, MarkLines will issue to
the Applicant its corporate contract approval ID and password. MarkLines
shall send the corporate contract approval ID and password to the
User by postal mail arranged through the consigned company. It is
deemed that the registration of Applicant has been completed upon
issue of the corporate contract approval ID and password.
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| 3. |
At the time of such
completion of registration as provided in the preceding Paragraph,
User and MarkLines are deemed to have entered into agreement on the
provision of this Service based on the provisions hereunder.
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| 4. |
MarkLines may refuse
Application for Use if Applicant falls under any one of the following
cases:
| (1) |
In the past, MarkLines has cancelled
or refused to accept the qualification of the Applicant because
of the breach of some regulation applicable to the users of
the services provided by MarkLines. |
| (2) |
There is some false statement
in the Application for Use. |
| (3) |
MarkLines deems the Applicant
as ineligible to be a user of this Service or for some other
reason considers it improper to accept the Applicant as a user.
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| 5. |
The corporate contract
approval ID and password of User shall be valid during the service
provision period stated in the Application for Use. Unless User notifies
MarkLines of termination request in writing by three months prior
to the expiration of the service provision period, the valid period
of the corporate contract approval ID and password of User shall automatically
be extended for another service period (the duration of which shall
be the same as that of the expiring service period). This shall also
be applicable thereinafter. |
| 6. |
Even after accepting
the Application for Use, should the User accepted by MarkLines fail
to abide by any provision of the Relevant Regulations , MarkLines
may cancel the acceptance of the Application for Use by sending a
notice to the User and revoking the issued corporate contract approval
ID and password by sending a notice to the User. |
| 7. |
The User shall,
at its own cost and responsibility, procure such communication equipment
and software as required to use this Service. And the User shall,
at its own cost and responsibility, use this Service through its opted
electric communication service system. |
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| Article 6 System rental
fee |
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User shall pay to
MarkLines the system rental fee that User incurs in respect the use
of the system of MarkLines, the amount of which is specified in the
application in the payment method designated by MarkLines in the application
form, etc. A bank transfer charge and/or any other extra charges associated
with this payment shall be borne by User. |
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| Article 7 Control of
corporate contract approval ID and password |
| 1. |
The User shall use
and control its corporate contract approval ID and password at User's
own responsibility. |
| 2. |
The User shall neither
allow any third party or parties (excluding its Member(s), hereinafter
the same) to use the corporate contract approval ID or password nor
shall User lend, transfer or sell the ID or password to any third
party or parties, change the ownership or set mortgage on them.
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| 3. |
The User shall be
held responsible for any and all of the losses and/or damages resulting
from inadequate control, misuse of the corporate contract approval
ID and /or password or from the use thereof by a third party, and
MarkLines shall bear no responsibility for such losses or damages.
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| 4. |
In the case that
the User finds that its corporate contract approval ID and /or password
has been stolen or used by any third party(ies), the User shall immediately
inform MarkLines accordingly and shall follow the instructions given
by MarkLines if any. |
| 5. |
MarkLines shall
bear no responsibility for any losses or damages incurred by the User
when the corporate contract approval ID and/or the corresponding password
of User has been used by any third party(ies), whether there is any
willful negligence or default on the part of the User. Should the
User forget its password established by the User itself, the User
shall immediately inform MarkLines accordingly and follow the instructions
given by MarkLines. |
| 6. |
In the event that
the User has caused damages to any third party(ies) because of or
in relation to this Service, User shall, at its own responsibility
and expense, solve the related problems and shall not cause any trouble,
loss or damage to MarkLines. |
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| Article 8 Responsibility
for use by Member |
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The User shall be
responsible for having its Members abide by the Relevant Regulations
and laws. If a Member has caused any damages to MarkLines, a Provider
of Contents and/or any other third party due to any violations by
the Member against the Relevant Regulations or laws, the User shall
bear full responsibility for compensating these damages and shall
relieve MarkLines, the Provider of Contents and any other third party
from any and all responsibility for such damages. |
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| Article 9 Changes in
registration items |
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In the case that
there arises a change in any information registered in the Application
for Use, User shall promptly inform MarkLines of it by utilizing the
form designated by MarkLines. User is requested to understand in advance
that MarkLines may ask User to present necessary documents to MarkLines
whenever MarkLines seems it necessary. |
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| Article 10 Cancellation
of user qualification |
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MarkLines may cancel
the qualification of User without any prior notice immediately or
in the future if User should fall under any one or more of the following
cases. Even in the event that MarkLines cancels the qualification
of a User, MarkLines is not required to refund to User any system
fee already paid by the User and, this notwithstanding, the User is
required to pay the system fee to MarkLines pursuant to the provisions
of this Regulation:
| (1) |
User provided MarkLines with
some false information at the time of presenting the Application
for Use. |
| (2) |
Such fact has become apparent
that User was disqualified in the past or is being disqualified
by MarkLines because of breach of any one of the RelevantRegulations.
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| (3) |
Insolvency, suspension of payment
or receipt of or petition for proceedings of bankruptcy, composition,
special liquidation, dissolution, company arrangement or corporate
rehabilitation. |
| (4) |
User has experienced the refusal
to honor a draft or a check at least once, thus causing suspension
of payment at the clearing house. |
(5) |
User has caused damages to be
incurred by MarkLines and/or a third party due to breach of Relevant
Regulations, willful negligence or omission. |
| (6) |
MarkLines deems User as being
ineligible as a user of this Service. |
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| Article 11 Transfer
of status |
| 1. |
Without the prior
written consent of MarkLines, User shall not transfer, assign to any
third party, set mortgage on or otherwise dispose of any status as
User in this Regulation hereunder, any obligations or rights of User
specified hereunder. |
| 2. |
In the case that
MarkLines transfers the business of providing this Service to any
other company or assignee, MarkLines may transfer to that company
or assignee the status of MarkLines outlined in this Regulation hereunder,
the rights or obligations of MarkLines hereunder, the Registration
Items of User and/or any other related customer information. In this
Paragraph hereof User agrees in advance upon such transfer of the
status provided in this Regulation hereunder, the rights or obligations
hereunder, the Registration Items of User and/or any other related
customer information. |
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| Article 12 Amendment |
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MarkLines shall
inform Users of any amendments of this Regulation in accordance with
Article 2 of "Regulation on Individual ID Use of Automotive Information
Platform." |
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| Article 13 Governing
law and jurisdiction |
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This Regulation
shall be governed by Japanese laws. Any dispute arising out of or
in relation to this Regulation shall be settled by the Tokyo District
Court of Japan as the exclusive court having jurisdiction.
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| Article 14 Resolution
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Any matter not provided
herein, any objection or difference in the interpretation hereof shall
be consulted and settled by the parties hereto under the principles
of sincerity and good faith and in a prompt manner. |
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(Established on May
1, 2001)
(Amended on August 1, 2001)
(Amended on February 15, 2003)
(Amended on July 10, 2003)
(Amended on June 1, 2004)
(Amended on September 1, 2004)
(Amended on September 14, 2004)
(Amended on October 25, 2005)
(Amended on May 12, 2008)
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Regulation on Use of Automotive Information Platform
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| This regulation
shall apply to the entire relationship between the User and MarkLines
Co., Ltd. (hereinafter referred to as "MarkLines") in relation
to the User's use of the Automotive Information Platform operated
by MarkLines. |
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| Article 1 Definitions
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| 1. |
"This Service"
means those services provided in the MarkLines website under the names
of Research Tools and Marketing Tools of MarkLines Automotive Information
Platform for the purpose of dispatching information through the Internet.
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| 2. |
"User"
means any person, company or other entity that intends to use this
Service by acknowledging this Regulation, after having been registered
in the individual ID service of Automotive Information Platform provided
by MarkLines by acknowledging the "Regulation on Individual ID
Use of Automotive Information Platform," and that has been approved
by MarkLines to use this Service. |
| 3. |
All of the rights,
including the intellectual property rights to film and graphic images
and software related to this Service, shall belong to MarkLines and
the respective information providers. |
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| Article 2 User
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| 1. |
User shall use this
Service in strict accordance with this Regulation and the "Regulation
on individual ID use of Automotive Information Platform."
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| 2. |
If this Service
has a service for which a specific operational regulation has been
set forth, the User shall conform to that operational regulation in
using such service. |
| 3. |
When using this
Service, the User shall not cause any trouble or damage to any third
party or commit any acts that might hinder the operation of this Service
or be deemed as being against public order and/or standards of decency.
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| Article 3 Amendment
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MarkLines shall
inform Users of any additions to or amendments of any provisions in
relation to separate operational regulations referred to in Paragraph
2 of the preceding Article in accordance with Article 2 of "Regulation
on Individual ID Use of Automotive Information Platform."
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| Article 4 Obligations
of User |
| 1. |
User shall not use
this Service for any illegal or inappropriate purposes. |
| 2. |
User shall not provide
any third party(ies) with any information or any copies thereof obtained
through this Service. |
| 3. |
Should the User
have caused any losses or damages to MarkLines and/or any third party(ies)
in relation to this Service, the User shall compensate MarkLines and/or
the third party(ies) for any and all such losses or damages.
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| Article 5 Qualification
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MarkLines may suspend
the qualification for accessing this Service temporarily or revoke
it entirely should the User fall under any one of the following items.
Furthermore, if any damages are inflicted on MarkLines and/or a third
party due to any one of the following items, the User shall bear the
full responsibility for compensation of such damages:
| (1) |
There is any false statement
in the Registration Items, |
| (2) |
The User uses the individual
ID and/or password of the Automotive Information Platform in
an illegal or inadequate manner or the User allows any third
party(ies) to do so, |
| (3) |
The User has somehow hindered
the operation of this Service, or |
| (4) |
The User is in breach of this
Regulation or any operational regulation. |
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| Article 6 Non-indemnification
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| 1. |
MarkLines does not
represent any assurance concerning completeness, sureness or effectiveness
of the system of this Service or the quality of services provided.
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| 2. |
MarkLines is in
no way responsible for any losses or damages incurred directly or
indirectly by the User or any third party in relation to the use of
this Service, regardless of the features and conditions of these
losses or damages. |
| 3. |
There exists a link(s)
through which information is transmitted from the MarkLines website
to other websites and a link (s) through which information is transmitted
from a third party to the MarkLines website. Under no circumstances,
shall MarkLines bear any responsibility for information obtained through
any such links. |
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| Article 7 Maintenance
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MarkLines may, without
prior notice to Users, interrupt the operation of this Service in
order to maintain favorable operating conditions of this Service.
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| Article 8 Others
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| 1. |
The exclusive jurisdiction
for any dispute arising in relation to this Service shall be with
the Tokyo District Court of Japan. |
| 2. |
Any matter not provided
for in this Regulation, any objection or difference in the interpretation
of this Regulation shall be resolved by the parties hereto through
mutual consultation under the principles of sincerity and good faith.
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| 3. |
In order to improve
the quality of this Service, MarkLines may alter any program, means
of communication and/or contents of information related to the provision
of this Service. |
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(Established on May
1, 2001)
(Amended on August 1, 2001)
(Amended on September 1, 2004)
(Amended on May 12, 2008)
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Regulation on Individual ID Use of Automotive Information Platform
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| MarkLines Co., Ltd.,
whose head office is located at 3-18, Akasaka 6-chome, Minato-ku,
Tokyo, Japan (hereinafter referred to as "MarkLines") has
been operating the website "MarkLines Automotive Information
Platform" (URL:www.MarkLines.com)(hereinafter referred to as
"Automotive Information Platform"). This regulation specifies
the rights and obligations of an individual customer that are applicable
when the customer uses those services (hereinafter referred to as
"this Service") provided by MarkLines in the Automotive
Information Platform based on the personal ID and password. When an
individual customer completes the procedures for registration and
clicks the space designated "AGREE," the customer is deemed
to have agreed on all of the terms of this Regulation. |
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| Article 1 Scope and
amendment |
| 1. |
This Regulation
shall apply to all the users of this Service (hereinafter referred
to as "the User"). The User is deemed to have agreed on
all the provisions of this Regulation when the User clicks the space
designated " AGREE" in the image of this Regulation in the
Automotive Information Platform or when the User expresses its acceptance
of this Regulation in one of the ways designated separately by MarkLines;
provided, however, that the application for use of the Automotive
Information Platform shall be filed in accordance with the provisions
of Article 3 hereof. |
| 2. |
All of the individual
provisions provided by MarkLines separately shall constitute part
of this Regulation. If such individual provisions differ in any way
from this Regulation, the individual provisions shall take precedence.
MarkLines shall notify the User of any amendments of this Regulation
and the individual provisions in accordance with the provision of
Article 2 hereof. |
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| Article 2 Notice and
method of acceptance |
| 1. |
Whenever MarkLines
gives any notice to the User, MarkLines shall show the notice in the
Automotive Information Platform and/or use e-mail or any other means
that MarkLines deems adequate unless otherwise set forth in this Regulation.
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| 2. |
In the case that
the notice mentioned in the preceding Paragraph is sent by e-mail,
such notice is deemed to have been served to the User at the time
that the e-mail with the notice is dispatched to the e-mail address
that was registered by the User in accordance with Article 3 hereof
at the time of application for use of this Service and by which the
User thereinafter carries out revision procedures in accordance with
Article 6 Paragraph 3 hereof. |
| 3. |
In the case that
the notice mentioned in Paragraph 1 of this Article is made by public
display in the Automotive Information Platform, such notice is deemed
to have been served to the User at the time that such notice is displayed
in the Automotive Information Platform. |
| 4. |
In the case that
MarkLines has made a notice to the User by either one of the two methods
mentioned above, MarkLines deems that the User has agreed on the statement
of the relevant notice unless the User expresses any particular objection
against the statement of the notice. |
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| Article 3 Application
for use of Automotive Information Platform |
| 1. |
Any individual who
wishes to use the Automotive Information Platform shall input, in
accordance with the procedures set forth for the Automotive Information
Platform, the corporate contract approval ID and password provided
by MarkLines to the group or company to which the person belongs pursuant
to the "Regulation on Group Use of Automotive Information Platform"
and shall complete the application for use of Automotive Information
Platform (hereinafter referred to as "Application for Use").
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| 2. |
In addition to all
the provisions hereof, any individual who wishes to use the Automotive
Information Platform specifically agrees to the following:
| (1) |
To provide MarkLines with all
up-to-date and accurate information about the user at the time
of registration, and |
| (2) |
To keep the registered information
up-to-date at all times, complete and accurate in accordance
with this Regulation. |
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| 3. |
MarkLines shall
bear no responsibility for any losses or damages incurred by the User
because of any error in the registered information. |
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| Article 4 Acceptance
of Automotive Information Platform |
| 1. |
After an Applicant
makes the Application for Use as referred to in Article 3 hereof,
MarkLines shall investigate the Application for Use in detail. In
the case that MarkLines decides to accept the Application for Use,
MarkLines shall issue an individual ID and password for the Automotive
Information Platform, of which MarkLines shall notify the Applicant
at its e-mail address registered at the time of application made in
accordance with Article 3 hereof. Upon such notice, the Applicant
shall become a qualified user of this Service hereunder and thereinafter
the Applicant may use this Service as specified hereunder. At the
time that the Applicant first logs into the Automotive Information
Platform using the relevant individual ID and password, the identification
information will be stored in the user's personal computer and thereinafter
both the individual ID for the Automotive Information Platform and
the stored identification information will be checked at the same
time whenever logging is conducted. Therefore, the Applicant will
be able to access the Automotive Information Platform only through
the computer used at the time of the initial logging. In the case
that a User has to replace the computer because of a change in workplace
or for any other reason, the User shall so notify MarkLines in accordance
with Article 6 Paragraph 3 hereof. When MarkLines accepts such request
for replacement, MarkLines shall notify the User at the registered
e-mail address that the identification information has been deleted
from the server. After such notice, the User will be able to use this
Service by conducting the initial log-in procedure into the Automotive
Information Platform through a new personal computer. |
| 2. |
MarkLines may refuse
Application for Use if the individual who wants to use the Automotive
Information Platform falls under any one of the following cases:
| (1) |
The person has already become
a user of this Service. |
| (2) |
The person was once disqualified
by MarkLines in the past because of breach of some regulation
applicable to the User concerning the services provided by MarkLines.
|
| (3) |
There is some false or erroneous
statement or omission in the information provided for the Application
for Use. |
| (4) |
MarkLines deems it inadequate
to make the person a user of this Service because of some other
reason. |
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| 3. |
Even after MarkLines
has accepted the Application for Use, if the User accepted by MarkLines
has proved to fall under any one of the items mentioned in the preceding
Paragraph or if the User is in breach of any provision of this Regulation,
MarkLines may cancel the acceptance of Application for Use and delete
the issued individual ID and password for access to the Automotive
Information Platform by sending a notice to the User concerned.
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| 4. |
The user shall,
at its own responsibility and expense, procure all of the communication
equipment and software required to use this Service. In addition,
the user shall, at its own expense and responsibility, use this Service
through its opted electric communication service system. |
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| Article 5 Control of
individual ID and password |
| 1. |
The User shall use
and control its individual ID and password for Automotive Information
Platform at User's own responsibility. |
| 2. |
The User shall neither
allow any third party(ies) to use its individual ID or password for
access to the Automotive Information Platform nor lend, transfer or
sell the individual ID or password, change the ownership thereof or
set mortgage thereon. |
| 3. |
The User shall be
responsible for any and all losses or damages resulting from inadequate
control, misuse or use by a third party, of the individual ID and/or
password for access to the Automotive Information Platform, and MarkLines
shall bear no responsibility for any such losses or damages.
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| 4. |
Whenever the User
discovers that its individual ID and /or password for access to the
Automotive Information Platform has been stolen or used by a third
party, the User shall immediately inform MarkLines accordingly and
shall follow the instructions of MarkLines if any. |
| 5. |
MarkLines shall
bear no responsibility for any losses or damages incurred by the User
when the ID of the User and/or the corresponding password has been
used by a third party, regardless of whether there is or is not any
willful negligence or default on the part of the User. Should the
User forget the password established by itself, the User shall immediately
inform MarkLines accordingly and shall follow the instructions of
MarkLines. |
| 6. |
Should the User
have caused damages to be incurred by a third party because of or
in relation to this Service, the User shall, at its own responsibility
and expense, solve the related problems, and shall not cause any trouble,
loss or damage to MarkLines. |
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| Article 6 Use and revision
of registration information |
| 1. |
MarkLines may use
the information registered by the User at the time of Application
for Use and the information known by MarkLines while the User uses
this Service, including log-in data, for the purpose of operating
this Service. |
| 2. |
Without prejudice
to the preceding Paragraph, MarkLines shall not disclose the information
set forth in the preceding Paragraph to any third party except in
the following cases:
| (1) |
In the case that MarkLines discloses
personal information collected by MarkLines as statistical data
(in which no individual is identifiable) for the purpose of
understanding the trends of use of this Service. |
| (2) |
In the case that MarkLines is
required by law or by a government agency to disclose relevant
information. |
| (3) |
In the case that the User discloses
to a Supplier of Contents such limited personal information
as company name, department, personal name, address, telephone
number and/or e-mail address of the User, in sending e-mail
inquiry to the Supplier of Contents in this Service.
|
|
| 3. |
In the case that
there occurs any change in the information registered at the time
of Application for Use, the User shall promptly notify MarkLines accordingly
in the designated manner. |
| 4. |
The User herewith
acknowledges in advance that, if the User fails to give MarkLines
the notice as set forth in the preceding Paragraph, when a notice
made by MarkLines is not delivered to the User, it shall be deemed
that the notice has been served to the User at the reasonable time.
|
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| Article 7 Prohibition
|
| |
The User shall not
conduct any of the following acts when using this Service:
| (1) |
Any act that infringes or is
likely to infringe on the copyrights and/or any other rights
owned by MarkLines, other users or any third party (including
Suppliers of Contents; hereinafter the same),
This includes, but not be limited to, transferring and posting
any part of MarkLines' contents on any other databases or networks
regardless of whether internet or intranet. |
| (2) |
Any act that infringes or is
likely to infringe on the properties or privacy of MarkLines,
other users or any third party, |
| (3) |
Any act that causes or is likely
to cause losses or damages to MarkLines, other users or a third
party, |
| (4) |
Any act that slanders or insults
other users, any third party or MarkLines, |
| (5) |
Any act against or likely to
be against the public order or standards of decency or any act
that provides other users with information that is against the
public order or standards of decency, |
| (6) |
Any criminal act or any act
that leads or is likely to lead to a criminal act, |
| (7) |
Any act that uses the individual
ID and /or password for access to the Automotive Information
Platform in an illegal or inadequate manner, and |
| (8) |
Any act that uses or provides
a harmful program such as a computer virus through or in relation
to this Service. |
|
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| Article 8 Cancellation
of user qualification |
| 1. |
If a User falls
under any one of the following cases, MarkLines may, without prior
notice to the User, immediately suspend and/or cancel the qualification
as user of the relevant User.
| (1) |
It is found that there is a
false statement in the Application for Use. |
| (2) |
The User has committed or been
a party to any one of the acts mentioned in Article 7 hereof.
|
| (3) |
The User has hindered the operation
of information services in any way whatsoever. |
| (4) |
The User is in breach of this
Regulation because of some reason. |
| (5) |
MarkLines deems the User to
be ineligible as a user of this Service because of some other
reason. |
|
| 2. |
MarkLines shall
bear no responsibility for any losses or damage incurred by the User
when the User becomes unable to use this Service when MarkLines has
cancelled service as a result of any one or more of the actions mentioned
in the preceding Paragraph hereof. |
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| Article 9 Damages
|
| |
If the breach by
the User against this Regulation and/or any pertinent laws has caused
losses or damages to MarkLines and/or third parties including Suppliers
of Contents, the User shall bear full responsibility for such losses
and/or damages and shall fully indemnify MarkLines and any affected
third parties including Suppliers of Contents for the losses and/or
damages. |
| |
| Article 10 Forfeiture
of qualification |
| |
In the case that
the User wants to terminate the use of this Service, the User shall
so notify MarkLines in the designated manner. At the time that MarkLines
issues a notice of termination of use, the User shall lose the qualification
as user provided in this Regulation; provided, however, that this
Regulation shall remain applicable to the User in relation to this
Service used by the User until such termination of qualification.
|
| |
| Article 11 Service conditions,
amendment and suspension |
| 1. |
MarkLines may monitor
the use of this Service with respect to the operation of this Service
and may limit accessibility to this Service at its sole discretion
whenever MarkLines deems it necessary. |
| 2. |
MarkLines may suspend
temporarily or permanently the operation of this Service in any one
of the following cases:
| (1) |
In the case that MarkLines conducts
periodic or urgent maintenance work on the system of this Service.
|
| (2) |
In the case that MarkLines has
become unable to provide this Service in a usual manner due
to war, riot, civil war, labor dispute, earthquake, eruption,
flood, tsunami, fire, power failure or other emergencies or
force majeure. |
| (3) |
In the case that MarkLines deems
it necessary to temporarily suspend the operation of this Service
for any other reason. |
|
| 3. |
In the case that
MarkLines decides to suspend temporarily or permanently the operation
of this Service pursuant to the provision of the preceding Paragraph
hereof, MarkLines shall so notify the User in advance, except in a
n emergency case in which notification is not possible. |
| 4. |
MarkLines shall
in no way bear any responsibility for any damages incurred by the
User and/or any third party due to the limitation of accessibility
to this Service or any temporary or permanent suspension of this Service.
|
| |
| Article 12 Rights
|
| 1. |
The rights for all
the programs, software, services, procedures, trademarks and trade
names that constitute this Service, the rights for the services provided
by Providers of Contents and the rights for the technology related
to or associated with such services shall belong to either MarkLines
or the Provider of Contents. The User shall never act to infringe
on these rights by any means. |
| 2. |
The User may not
use any information or file provided throug h this Service in any
way whatsoever or for any purposes other than the private use by the
individual User as set forth in the Copyright Law of Japan; provided,
however, that this is not applicable in the case that the User has
obtained a prior consent from the person who owns or holds the relevant
rights. |
| 3. |
In no way shall
the User allow any third party to use or to make public any information
or files provided through this Service; provided, however, that this
provision is not applicable in the case that the User has obtained
a prior consent from the person who owns or holds the relevant rights.
|
| 4. |
Should any dispute
arise due to any breach by the User of a provision hereof, the User
shall, at its own cost and responsibility, solve the dispute, and
the User shall indemnify MarkLines and keep it from being held liable
of any relevant responsibility and/or damages. |
| |
| Article 13 Indemnification
|
| |
Unless otherwise
provided separately, MarkLines shall bear no responsibility for any
losses or damages incurred by the User and/or amy third party(ies)
due to any delay, change, temporary or permanent suspension, discontinuation
and/or termination of this Service, leakage or loss of information
registered or provided in this Service or otherwise in relation to
this Service. |
| |
| Article 14 Others
|
| 1. |
Should any dispute
arise between the User and MarkLines in connection with this Service,
the parties hereto shall consult with each other with sincerity and
in good faith. |
| 2. |
Should the parties
hereto be not able to solve the dispute through mutual consultation
pursuant to the preceding Paragraph hereof, the first exclusive jurisdiction
over the matter shall be with the Tokyo District Court of Japan.
|
| |
|
(Established on May
1, 2001)
(Amended on August 1, 2001)
(Amended on March 18, 2004)
(Amended on September 1, 2004)
|
|
|
Regulation on Use of Information-Transmission Service
|
|
| Article 1 Application
|
| 1. |
The purpose of this
Regulation (hereinafter referred to as " this Regulation")
is to specify the contractual relationship of rights and obligations
between the User referred to in Article 1 of "Regulation on Group
Use of Automotive Information Platform" (hereinafter referred
to as "Sender") and MarkLines Co., Ltd. (hereinafter referred
to as "MarkLines") in connection with the use by Sender
of those services referred to in Article 2 Paragraph 1 of this Regulation
(hereinafter referred to as "Service") provided by MarkLines
in the Automotive Information Platform. This Regulation shall apply
to all relations between Sender and MarkLines in connection with the
use of the Service. |
| 2. |
The rules and/or
regulations provided from time to time by MarkLines on the MarkLines
websites (as defined in Article 2 Paragraph 2 herein) in relation
to the Service shall constitute part of this Regulation. |
|
| Article 2 Definitions
|
| 1. |
For the purpose
of this Regulation, "this Service" is defined as meaning
those services specifically mentioned in the following items 1 to
2 , that are to be provided in the MarkLines websites under the name
of the Marketing Tools of the MarkLines Automotive Information Platform,
and that is the provision of opportunities to those companies that
want to provide information related to their particular products and
technologies to any individuals and/or companies who want to access
and/or obtain such information; provided, however, that when there
is a change in any of these services due to any reason whatsoever,
this Service shall include any service that is to be provided after
such a change:
| (1) |
Product Spotlight Builder |
| (2) |
Opt-in Mail (Sending) |
|
| 2. |
For the purposes
of this Regulation, "the MarkLines website" is defined as
meaning the website managed by MarkLines under the domain of "MarkLines.com"
(when there is a change in the website due to any reason whatsoever,
the MarkLines website shall include
any website adopted after such a change). |
| 3. |
For the purposes
of this Regulation, "Information Viewer" is defined as meaning
any person or company who uses this Service in order to see and/or
obtain information related to particular products and technologies.
|
| 4. |
For the purposes
of this Regulation, "Intellectual Property" is defined as
meaning copyrights, rights to patents, utility models, trademarks,
designs and any other intellectual properties, including the rights
to apply for the registration of any of these intellectual property
rights. |
|
| Article 3 System rental
fee |
| |
For any reason whatsoever
including the fact that the Sender has not been able to obtain any
access or response from Information Viewer to information related
to particular products and technologies provided by Sender , MarkLines
will not refund any of the system rental fee already paid by Sender
, while Sender shall not be relieved from the responsibility of paying
its system rental fee to referred to in Article 6 of "Regulation
on Group Use of Automotive Information Platform" MarkLines as
specified hereunder. |
| |
| Article 4 Use of this
Service |
| 1. |
Unless Sender fails
to follow any of the provisions hereof, Sender may use this Service
in accordance with the method designated by MarkLines for the limited
purposes provided hereunder within the period registered effectively.
|
| 2. |
When using the system,
Sender shall not carry out or in any way participate in any of the
following acts:
| (1) |
To infringe on any rights and/or
benefits related to the intellectual property rights, portrait
rights, privacy rights, reputation or other relevant matters
of other users of this Service or any third party(ies), |
| (2) |
To transmit to the MarkLines
website any such information of which the reproduction or copying,
alteration, transmitting, or any other related acts by MarkLines
for this Service should infringe on the intellectual property
rights, portrait rights, privacy rights and/or any other relevant
rights or benefits of any other users of this Service or any
third party(ies), |
| (3) |
To carry out or participate in
any act related to criminal deeds, |
| (4) |
To breach any internal law or
regulations set forth by trade association(s), |
| (5) |
To act against public order and
standards of decency, |
| (6) |
To cause or to be likely to cause
any Information Viewer to misunderstand or misjudge any information, |
| (7) |
To transmit to the MarkLines
website any harmful computer programs, including e-mail infected
with a computer virus, |
| (8) |
To falsify available information
concerning this Service, |
| (9) |
To use any system, software or
algorism by which a question or an enquiry from a Information
Viewer can automatically be responded to, except when the use
of such system, software or algorism is approved by MarkLines
in advance, and |
| (10) |
To commit any other acts deemed
by MarkLines as being inappropriate. |
|
| 3. |
If MarkLines deems
that any transmission of information on in this Service by Sender
to a website falls or is likely to fall under any one of the items
in the preceding Paragraph, MarkLines may delete all or part of such
information without prior notice to Sender . |
4. |
When the Sender receives
any enquiry or question in relation to this Service from a Information
Viewer, the Sender shall promptly contact the Viewer and shall make
every effort to respond to the question or enquiry in a sincere manner. |
| |
| Article 5 Control of
Maintenance Password |
| 1. |
Sender shall control and
safeguard its maintenance password under its own responsibility and
shall not allow any third party or parties to use the maintenance
password, lend, transfer or sell the maintenance password to any third
party or change the name of ownership thereof. |
| 2. |
Sender is responsible
for any losses or damages resulting from the inadequate control of
the maintenance password, the misuse thereof or the use thereof by
a third party, and MarkLines shall not be held responsible for any
of such losses or damages. |
| 3. |
Sender shall immediately
notify MarkLines and follow the instructions of MarkLines when Sender
has found that the maintenance password of Sender has been stolen
or used by any third party. |
| |
| Article
6 Suspension or discontinuation of this Service |
| 1. |
MarkLines reserves
the right to suspend or discontinue the provision of all or part of
this Service without prior notice to Sender if any one of the following
events occurs:
| (1) |
When a periodic or urgent inspection
or maintenance of the computer system related to this Service
has to be carried out, |
| (2) |
When any computer or communication
circuit related to this Service stops functioning due to some
accident, |
| (3) |
When this Service has become
inoperable due to fire, power failure, Acts of God or any other
events beyond the reasonable control of MarkLines, or |
| (4) |
When there occurs any other event
in which MarkLines deems it necessary to suspend or discontinue
this Service. |
|
| 2. |
MarkLines shall
not bear any responsibility for losses or damages incurred by Sender
when MarkLines has taken some action in accordance with the preceding
Paragraph. |
| |
| Article 7 Rights
|
| |
The ownership and
intellectual property rights related to the data or information produced
by Sender and transmitted by Sender to the MarkLines website in order
to be used in this Service shall belong to Sender . |
| |
| Article 8 Compensation
|
| 1. |
MarkLines shall
not be required to become involved in any actual negotiation, transactions
or payment and shall be relieved from any responsibility for compensating
the Sender for any losses, damages or costs incurred by the Sender
in connection with this Service, or any losses, damages or costs incurred
by the Sender in connection with the suspension, discontinuation,
inability to use, or changes in the provision of this Service, deletion
of information on Sender and/or cancellation of registration of Sender
pursuant to this Regulation, provided that the losses, damages or
costs mentioned herein shall mean not only direct or usual losses,
damages or costs but also the loss of income receivable, business
opportunities or data, suspension of business or any other losses,
damages or costs incurred by Sender indirectly, specially, derivatively
or incidentally. |
| 2. |
Even in the case
that MarkLines should decide to pay losses or damages to Sender for
some reason, the amount of such payment made by MarkLines to Sender
shall not exceed the total amount of the system rental fee actually
received by MarkLines from Sender for the past one year counted retroactively
from when the event attributable to such losses or damages occurred.
|
| |
| Article 9 Settlement
of disputes and payment of damages |
| 1. |
Sender shall pay
to MarkLines those damages that have been incurred by MarkLines due
to non-performance by Sender of any of the provisions of this Regulation
or in relation to this Service. |
| 2. |
If any claim is
received by Sender from any service applicant or other third party(ies)
in connection with this Service or if any dispute arises between Sender
and any of those persons or entities, Sender shall immediately so
notify MarkLines, solve such claim or dispute at the expense and responsibility
of Sender and shall report the results to MarkLines. |
| 3. |
In the case that
MarkLines should receives any request from a third party for compensation
of damages in relation to the use of this Service by Sender because
of possible infringement on the third party's intellectual property
rights or any other reason whatsoever, Sender shall compensate MarkLines
for the entire amount of such damages that MarkLines has been obliged
to pay to the relevant third party. |
| |
| Article 10 Confidentiality
|
| 1. |
For the purposes
of this Regulation, "Confidential Information" is defined
as meaning the information related to the technology, business, procedures,
finance, organization and/or any other information that has been provided
or disclosed by the disclosing party hereto to the other party hereto
regardless of whether such disclosure occurred in writing, verbally
or by magnetic media and any other information that has come to be
known by the other party hereto in relation to this Service; provided,
however, that the following information shall be excluded from the
information that is deemed to be Confidential Information:
| (1) |
Information that was already
known by the other party hereto and/or by the public at the
time that the information was provided or disclosed by the disclosing
party hereto, |
| (2) |
Information that has become known
by the public through a publication or any other media due to
some reason not attributable to the other party hereto after
the information is provided or disclosed by the disclosing party
hereto to the other party hereto, |
| (3) |
Information that has been legally
obtained by the other party hereto without forgoing any obligation
of confidentiality from any third party who has legally been
authorized to provide or disclose the information, |
| (4) |
Information that has been developed
by the other party hereto independently and without depending
on Confidential Information, or |
| (5) |
Information that the disclosing
party hereto confirms in writing as non-Confidential Information. |
|
| 2. |
Both MarkLines and
Sender shall use Confidential Information only for the purposes of
this Service. Neither MarkLines nor Sender shall provide, disclose
or leak any Confidential Information of the other party hereto to
any third party(ies) without the prior written consent of the other
party hereto. |
| 3. |
Notwithstanding
the provision of the preceding Paragraph, MarkLines may use any Registration
Items o f the Sender and other customer information related to other
business activities of MarkLines in order to improve the quality of
MarkLines'services. |
| 4. |
Notwithstanding
the provision of Paragraph 2 of this Article, MarkLines and Sender
may disclose Confidential Information in accordance with a compulsive
order, demand and/or request based on relevant law, and/or given by
a court or a governmental agency: provided, however, that the party
hereto shall promptly notify the other party hereto after receiving
such order, demand or request. |
| 5. |
Whenever either
MarkLines or Sender makes a copy or copies of a document or magnetic
media containing Confidential Information, such copying party hereto
shall obtain the prior written consent of the other party hereto and
shall safeguard these copies in a strict manner pursuant to Paragraph
2 of this Article. |
| 6. |
Whenever either
MarkLines or Sender receives a relevant request from the other party
hereto, the requested party shall without delay return to the requesting
party or dispose of any Confidential Information and/or a document,
magnetic media or other media that contain Confidential Information
together with all of the copies thereof, in accordance with instructions
given by the requesting party. |
| |
| |
| Article 11 Amendment
of this Regulation |
| 1. |
Whenever MarkLines
deems it necessary, MarkLines may amend any or all of the provisions
of this Regulation (this Regulation shall include the rules and regulations
rela ted to this service shown in the MarkLines website; hereinafter
the same), and/or any content of this Service. |
| 2. |
Whenever MarkLines
has amended any provision of this Regulation and/or content of this
Service, MarkLines shall so notify Sender specifically. MarkLines
shall give such notice to Sender in accordance with Article 2 of "Regulation
on Individual ID Use of Automotive Information Platform."
|
| |
| Article 12 Contact/Notice
|
| |
Any enquiry, contact
or notice from Sender to MarkLines concerning this Service and other
related matters and any contact or notice from MarkLines to Sender
concerning amendment of this Regulation and other related matters
shall be carried out in accordance with the method designated by MarkLines.
|
| |
| Article 13 Entire agreement
|
| |
This Regulation
constitutes the entire and only agreement between the parties hereto
with respect to the subject matter hereof, and supersedes all of the
prior or contemporaneous agreements, representations and understandings
made either on a verbal basis or in writing with respect to the subject
matter hereof. |
| |
| Article 14 Severability
|
| |
If all or part of
any provision of this Regulation is subsequently held invalid or unenforceable
by any court or authority agent, such invalidity or unenforceability
shall in no way affect the validity or enforceability of any other
provisions hereof or any other part of the provision part of which
has been held invalid or unenforceable. |
| |
| Article 15 Survival
|
| |
All of the provisions
of Article 7; Article 8; Article 10; Article 16 and this Article shall
continue to remain in effect when and after the service provision
period based on Article 5 Paragraph 5 of the "Regulation on Group
Use of Automotive Information Platform" has been terminated.
|
| |
| Article 16 Governing
law and jurisdiction |
| |
This Regulation
shall be governed by Japanese laws. Any dispute arising out of or
in relation to this Regulation shall be settled by the Tokyo District
Court of Japan as the exclusive court having jurisdiction.
|
| |
| Article 17 Resolution
|
| |
Any matter not provided
herein, any objection or difference in the interpretation hereof shall
be consulted and settled by the parties hereto under the principles
of sincerity and good faith and in a prompt manner. |
| |
|
(Established on May
1, 2001)
(Amended on August 1, 2001)
(Amended on February 15, 2003)
(Amended on July 10, 2003)
(Amended on June 1, 2004)
(Amended on September 1, 2004)
(Amended on May 12, 2008)
|
|
|
Copyright (C) 2001 MarkLines Co., Ltd. All rights reserved.
|