Updated November 9, 2012
Updated October 1, 2006
Updated September 20, 2002
Created April 1, 2001
Section 1 - General Provisions
- The updated Terms shall take effect from the date on which they are shown online, except when otherwise specified by The Japan Maritime Daily Co., Ltd.
Article 2 (Changes to the Terms)
- "Marinavi" (abbreviation of "Marine Navigator") is a membership based online information service which is operated by The Japan Maritime Daily Co., Ltd and offers articles which have been published in The Japan Maritime Daily Co., Ltd., as well as maritime related data created by The Japan Maritime Daily Co., Ltd.
- The copyright to the "Marinavi" trademark and logo is the property of The Japan Maritime Daily Co., Ltd..
Article 3 (Definition of Terms)
The definition of terms used in these terms shall be as follows:
Section 2 - Members, Administrators, and Users
- A Member is a person (regardless of age, nationality, or gender) or organization which has signed a contract under these Terms with The Japan Maritime Daily Co., Ltd..
- The Member shall assume all duties and responsibilities prescribed in these Terms.
- It shall be assumed that the Member is in agreement with the contents of these Terms at the time contract procedures are completed.
- If a department within the same organization becomes a Member, it shall comply with the items displayed on the website.
Article 4 (Members)
- All Members set forth in the preceding paragraph shall appoint one person as administrator.
- In the case that the Member is an individual, the Member and administrator shall be the same person.
- The administrator shall assume all responsibilities and obligations with respect to the conditions set forth in these Terms pertaining to the use of the service.
- The administrator shall be issued with an administrator ID and password.
Article 5 (Administrators)
- In the case that the Member has contracts for multiple IDs, all IDs shall be issued as user IDs, except for the administrator ID.
- Users refers to all individuals, including the administrator, who use a contracted administrator ID or user ID.
- The administrator shall manage the users (including the administrator him/herself), and shall accept all responsibilities and obligations in regards to the users' use of the service.
- It shall be assumed that the user has accepted the contents of these Terms at the time they start using the service.
Article 6 (User)
Section 3 - Contract
- A "Trial Membership" is agreed between the Member and The Japan Maritime Daily Co., Ltd for the purpose of allowing the member to use the service for free, for a limited period of time, and with limited contents.
- The "Trial Membership" is limited to a period of 7 days from the date of registration, and makes possible the use of services within the scope prescribed by The Japan Maritime Daily Co., Ltd..
- With the exception of Articles 8 to 14, and Articles 17 to 20, a Member with a "Trial Membership" shall comply with all the stipulations of the Terms.
Article 7 (Trial Membership)
- The Contract is an agreement made between the Member and The Japan Maritime Daily Co., Ltd. in which the Member agrees to pay a separately determined fee to The Japan Maritime Daily Co., Ltd. in order to use the service.
Article 8 ("The Contract")
- The contract shall be issued at the time that the "Contract" procedures have been completed online and each administrator ID, user ID, and password has been provided.
Article 9 (Issuance of Contract and the Start of Fees)
- The contract period shall vary for the full-member service for PC, and the personal-member service for smartphone. In the case of the full-member service, the contract shall be from the beginning of the month following the month of application, up to the end of the expiry month. However, in the case of the personal-member service, the contract shall be from the date on which the contract application was made, up to the date on which the contract expires.
- The Member shall implement the "Contract" from the chosen start date of the contract, up to its completion date.
- The Japan Maritime Daily Co., Ltd shall not respond to any requests to end the "Contract" by the Member during the period of the contract for any reason.
Article 10 (Contract Period)
- In the case of the Member using the "Change Your Subscription" service and adding a user ID, a new contract shall be issued for the new ID..
Article 11 (Additional Contracts)
- The Member, after completing the contract, shall fill in the necessary parts, and sign or seal the confirmation contract contents confirmation displayed on the web, and send it by fax or email to The Japan Maritime Daily Co., Ltd within 3 days.
Article 12 (Sending of Written Contract Confirmation)
- In the case of the Japan Maritime Daily not receiving a request from the Member during the contracted period to end the contract upon its expiry date, the Member's "contract" shall be renewed automatically under the same conditions as the previous contract.
Article 13 (Automatic Renewal of Contract)
- In the case of The Japan Maritime Daily Co., Ltd. receiving an application online from the Member to end the "Contract" upon its date of expiry, The Japan Maritime Daily Co., Ltd shall agree to end the "Contract" on its expiration date.
Article 14 (Lapse of the Contract)
Section 4 - The Service
- Members who have completed the contract procedures online shall be provided with an ID and corresponding password as a means for The Japan Maritime Daily Co., Ltd. to authenticate members.
- As a principle, the ID cannot be changed, however the password can be changed.
Article 15 (IDs and Passwords)
- The content refers to all related data provided by the service such as newspaper information (articles, pictures, illustrations, etc.) owned by The Japan Maritime Daily Co., Ltd..
- All copyrights pertaining to the contents belong to The Japan Maritime Daily Co., Ltd. However, this excludes the copyright to contents provided by a third party.
Article 16 (Contents)
- The Member shall be provided with the following administrator services:
- [Change of Membership Information] = Allows changes to be made with the exception of the contract contents and the Member's organization name.
- [Change Contract Contents] = Allows extensions to the contract period, changes to payment methodor of user IDs.
- [Application to End Contract Upon Expiration] = Allows the termination of the contract upon its expiration. All IDs, including the administrator ID, shall not be renewed automatically.
- Only the administrator shall be permitted to use the administrative services set forth in the preceding paragraph.
- The previous sections (2) and (3) are available only to the contract's appointed administrator.
Article 17 (Other Administrator Services)
Section 5 - Fees
- The usage fee for this service shall be calculated according to the contract period and the number of logins per administrator or user ID.
- If the number of logins per ID under the maximum number of logins permitted per month is exceeded, then an additional charge according to the number of additional logins used shall be made. The basic number of logins shall be displayed on the service contents page online.
- The price per additional login and the monthly fee shall be displayed separately on the fee menu. The usage fee can be viewed along with the service contents which are published online.
- Various discounts shall be applied to the usage fee according to the Member's affiliation, and contract period. Pricing details which reflect this for each ID are displayed online in the service contents.
- The conditions for the various discounts are displayed online in the service contents.
Article 18 (Usage Fee)
- The Japan Maritime Daily Co., Ltd. shall, under Article 8 of the "Contract" and under Article 11 of the additional contract, invoice the Member a fee for the use of the service.
- The Member shall pay a lump sum in advance to The Japan Maritime Daily Co., Ltd for the contract period (in months) selected when making the contract.
- In the case that additional fees are charged to the Member, these will be invoiced to the Member at the end of the contract period, along with a copy of the usage information.
- The Member shall transfer the amount stated on the invoice sent by The Japan Maritime Daily Co., Ltd. to the designated financial institution listed on the invoice.
- The Member shall pay the fees associated with the bank transfer. (*In the case of international wires, the transfer fee, and foreign exchange fee shall be charged separately).
Article 19 (Invoicing and Payment)
- In the event that the Member has not paid the service fees (excluding interest on arrears) to The Japan Maritime Daily Co., Ltd by the due date, a fee shall be calculated from the day following the due date up to the date it is paid, at an interest rate of 14.5% per annum.
- In the case of the calculation resulting in a fraction of less than one yen, The Japan Maritime Daily Co., Ltd. shall round this figure down.
Article 20 (Interest on Arrears)
Section 6 - Members' Responsibilities
- The Member shall take full responsibility for the results of actions taken by the administrator or a user when using the service, regardless of whether or not they were the actual user themselves.
- In the case of The Japan Maritime Daily Co., Ltd. or a third party sustaining damages through the Member's use of the service (including when The Japan Maritime Daily Co., Ltd. or a third party sustains damages due to the Member not fulfilling his or her obligations under these Terms), responsibility and damages shall be borne by the Member.
Article 21 (Principles of Administrator Responsibilities)
- The Member has the right to use the service under the administrator user ID or password, but unless separated determined byThe Japan Maritime Daily Co., Ltd., it shall not be used by a third party, or shared with a third party. Responsibility for the use of an administrator or user ID and password shall be borne by the administrator.
- The Japan Maritime Daily Co., Ltd. shall not be liable for damages suffered by administrators, Members, or users due to the use of an administrator ID or user ID and password by a third party, regardless of the presence or absence of willful negligence on the part of the Member. Also, the services used by an ID and password shall be deemed to have been used by the Member, thus the Member shall be held responsible for any and all fees and obligations.
Article 22 (Administrative Responsibility for Administrator and User IDs and passwords)
- The contents provided through this service shall be used only by the users themselves, including the administrator.
- The use of the contents provided through this service via LAN or intranet requires the prior permission of The Japan Maritime Daily Co., Ltd..
Article 23 (Scope of Content Use)
- When using the service, the Member shall not perform any of the following acts:
- Either editing or altering the contents provided through the use of this service, or keeping it in its original state, and then reprinting, copying, distributing, or reselling such contents.
- Using or displaying the service's trademark or logo without the prior permission of The Japan Maritime Daily Co., Ltd..
- Sending the service harmful computer programs, spam, etc.
- Accessing service facilities (refers to the communication equipment, computers, and other equipment and software used by The Japan Maritime Daily Co., Ltd. to provide this service) without prior authorization, or conducting acts which hinder its use or operation (including acts in which there is a concern that they could hinder operations).
- Other acts which interfere with the operation of the service.
- Other acts which are in violation of the law.
- Other acts which are in violation of these terms of service.
Article 24 (Prohibited Matters)
Section 7 - Operation
- The Japan Maritime Daily Co., Ltd. may change the contents and name of the service without prior notice to the Member.
- In the event that The Japan Maritime Daily Co., Ltd. encounters any of the following, it may temporarily suspend the service without giving prior notice to the Member.
- When performing routine or emergency maintenance on the equipment used to provide the service
- When due to fire or power outage the service can no longer be provided.
- When due to natural disasters such as earthquake, volcanic eruption, flooding, or tsunami, the service can no longer be provided.
- When due to war, unrest, rebellion, riot, or labor dispute, the service can no longer be provided.
- In other cases where The Japan Maritime Daily Co., Ltd. deems a temporary suspension of service necessary for operational or technical reasons.
- If The Japan Maritime Daily Co., Ltd. finds that any of the following applies to a Member, it may refuse permission for the Member to use the service, suspend provision of the service, or cancel the service.
- When the Member or administrator doesn't actually exist.
- When it is impossible to contact the Member or administrator.
- When the Member doesn't send the contract confirmation document to the Japan Maritime Daily within 3 days of the date of the contract.
- When at the time of the conducting of contract procedures there are clerical errors or deliberate fallacies, or when there are omissions.
- When an administrator or user ID and password are used without prior authorization, or are caused to be used.
- When the intellectual property rights of The Japan Maritime Daily Co., Ltd. are violated.
- When a late payment request and/or request for payment of interest issued by The Japan Maritime Daily Co., Ltd. due to the late payment of fees is not responded to.
- When the administrator is either a minor, person under curatorship, or ward of the state, and has not obtained the consent of a guardian, legal representative, or curator at the time of contracting procedures.
- When due to a violation of these terms there is a suspension of access, or when it has been deemed that there has been a violation of these terms in the past when using the service, or when a disposition is received to suspend or cancel the service.
- In other cases when these terms of service have been violated.
- If due to any of the items in the preceding paragraph, or due to other reasons, The Japan Maritime Daily Co., Ltd. delays or suspends the provision of services, it shall not be held responsible for any damage incurred by a Member or third party due to this.
Article 25 (Changes to Service, etc.)
- The Japan Maritime Daily Co., Ltd. may discontinue the provision of all or part of the service upon giving notice in advance online.
- When The Japan Maritime Daily Co., Ltd. discontinues the provision of services as prescribed in the preceding paragraph, it shall accept no claims for damages from users or third parties due to the aforementioned discontinuation of the service.
Article 26 (Suspension of Service)
- The contents of the service may be provided in real time by The Japan Maritime Daily Co., Ltd.. The Japan Maritime Daily Co., Ltd. cannot be held responsible for the completeness, accuracy, applicability, or relevance of the contents which it supplies on the service.
- The Japan Maritime Daily Co., Ltd. shall not be liable for any damages incurred by a Member through his or her use of the service, or due to the service becoming unavailable, nor is it under any obligation to pay damages.
Article 27 (Immunity from responsibility)
- The Japan Maritime Daily Co., Ltd. shall be obliged to treat all information obtained from members during the contract procedures as confidential.
Article 28 (Confidentiality of Members' Information)
Section 8 - Other
- In the event of a lawsuit becoming necessary between the member and the Japan Maritime Daily, the Tokyo District Court shall be accepted as the court with exclusive jurisdiction in the first instance by both the Member and The Japan Maritime Daily Co., Ltd.
Article 29 (Court with Exclusive Jurisdiction)
- The governing law pertaining to these terms of service shall be the laws of Japan.