JBIS Japan Bloodstock Information System

Article 1 Terms of this Agreement

This JBIS Internet Information Service Customer Agreement ("Agreement") sets forth the conditions under which the JBIS Internet Information Service ("Service") offered by the Japan Bloodhorse Breeders' Association (JBBA) may be used by any customer whose subscription to the Service has been approved according to Article 4 of this Agreement ("Customer").

Article 2 Modification of Agreement

1.	The JBBA may modify the terms of this Agreement without obtaining the approval of Customer. In such cases, the conditions of use, including charges and payment, shall be as determined by the modified terms of Agreement.

2.	Modifications as described in the above clause will be considered as having been approved by all Customers after the modified agreement has been posted on the site of the Service for a period of one month.

Article 3 Service Content

This Service, offered by the JBBA, functions mainly to provide information for use by racehorse breeders for the continual upgrading of bloodstock. The Service is offered in the form of information provided through the Internet.

The types of service offered by the JBBA through the Internet are as follows:

(1)	Database Search Service
(2)	JBIS-Check
(3)	JBIS Portal

Article 4 Subscription

1.	To become a subscribing customer of the Service, users must submit the necessary personal information and agree to abide by the terms of this Agreement as determined by the JBBA.

2.	The JBBA may choose not to approve a user's application for subscription if it is determined that technical problems may arise which could interfere with the operation of the Service.

3.	The JBBA may choose not to approve a user's application for subscription if the applicant has any outstanding debts with the JBBA.

4.	The JBBA may choose not to approve a user's application for subscription if a prior subscription of the applicant has been terminated in the past in accordance with the terms of this Agreement.

5.	The JBBA may choose not to approve a user's application for subscription if it is deemed inappropriate by the JBBA for any other reason.

Article 5 Management of User I.D. and Password

1.	Customer shall take appropriate measures for the safe keeping and maintenance of its User I.D. and corresponding Password for use of the Service.

2.	Customer shall be responsible for maintaining the confidentiality of its User I.D. and corresponding Password.

3.	Unauthorized sharing of a User I.D. and corresponding Password is prohibited and constitutes a violation of the terms of this Agreement.

4.	JBIS is not responsible for any damages incurred by Customer as a result of the use of Customer's User I.D and corresponding Password by a third party, whether through Customer's willful intent or negligence.

Article 6 Charges and Payment

1.	Customer agrees to pay all fees charged in accordance with the rates determined by the JBBA for use of the Service. The JBBA may charge the fees directly to Customer's designated bank account.

2.	All fees incurred in relation to the Service will be charged in Japanese Yen.

3.	Customer may choose the method by which fees are charged directly to its bank account from the options made available by the JBBA depending on the type of service used.

4.	The JBBA may assign a third party to handle the business of directly charging Customer's bank account.

5.	In the event that the JBBA is unable to collect fees due by directly charging Customer's bank account, the JBBA may terminate Customer's subscription to the Service without notice to Customer.

6.	Customer agrees to pay all fees and charges for use of the Service under its User I.D. during each invoice period in accordance with the rates and billing terms in effect at the time such fees and charges are incurred.

7.	Customer agrees to pay all costs (including reasonable attorney's fees and disbursements), if any, incurred by the JBBA in collecting any overdue fees.

8.	Customer agrees to pay a late charge on any overdue fees at the maximum monthly rate allowed under applicable law.

9.	Customer shall be responsible for the payment of any taxes imposed on customer's use of the JBIS Internet Service by the national government and/or any local jurisdictions.

Article 7 Improvements, Modifications or discontinuance of the System and Service

The Service provided for herein may be suspended or discontinued without prior notice to Customers in the following situations.

(1)	The system requires maintenance.
(2)	It becomes impossible to provide the Service due to forces of Nature or any other uncontrollable force.
(3)	Temporary suspension of the Service is deemed necessary for any reason affecting the operation of the Service.

The JBBA has the right to modify the Service (or any part thereof) or discontinue the Service with or without prior notice.

The JBBA shall not be liable to Customer or any other third party for any modification, suspension or discontinuance of the Service.

The JBBA has the right to establish or modify without notice to Customer the extent and limits of its practices concerning the disk space that will be allotted to Customer, the maximum number of entries possible for each specific type of information and also the maximum number of days that data or images will be retained by the Service.

Article 8 Handling and Limitation of Use of Information Obtained from the Service

1.	Customer understands and agrees that all information obtained from the Service is for Customer's personal use.

2.	Customer agrees to accept and use all information from the Service on an 'as is' basis, the content of which shall not be processed or edited.

3.	Customer may not use information from the Service for any commercial activities or preparatory work in relation thereto, with or without remuneration.

4.	Customer may not reproduce or modify information from the Service except for Customer's internal personal use without prior written authorization from the JBBA.

5.	Customer is prohibited from keeping information obtained from the Service in a location accessible to third parties and allowing free access thereto. Further, commercial use or use by any third party of such information is prohibited regardless of the method, including sales, publication or broadcast.

6.	Customer agrees to pay for all damages incurred by the JBBA or any other third party as a result of Customer's violation of this Article.

7.	These restrictions shall survive the termination of this Agreement.

Article 9 Insertion of data by Customer

Customer may insert images (such as photographs) onto message screens of the Service. In such cases, Customer warrants that all such images do not infringe upon any patent, copyright, proprietary right, trade secret, service mark, trademark or any other intangible property rights held by any other user or third party.

Customer agrees to the following in connection with the images described in the above clause.

(1)	Customer shall indemnify the JBBA against any liability, cost, loss or expense relating to Customer's insertion of such images onto message screens.
(2)	Customer shall hold the JBBA harmless and save the JBBA from any liability, cost, loss or expense relating to Customer's insertion of such images onto message screens.

Customer shall defend any suit or proceeding against the JBBA arising out of any claim, demand or action alleging that any such inserted image violates third party rights stipulated in Clause 1 of this Article. Further, Customer shall pay all costs, damages or awards of settlement, including court costs, arising out of any such claim, demand or action, provided that the JBBA promptly notifies Customer in writing of the claim, demand or action and that Customer is allowed to direct and fully participate in the defense of any settlement of such claim, demand or action.

Article 10 Handling of Information Entered by Customer

1.	Customer shall be responsible for all electronic communications including user registration information and other information related to the User I.D. holder, e-mail addresses, payment and financial information and other data ("Electronic Communications") entered under Customer's User I.D.

2.	Customer authorizes the JBBA to rely upon information received from Customer's User I.D., and the JBBA shall not be liable for any consequence of the JBBA relying on such information provided by Customer.

3.	Any Electronic Communications received through Customer's User I.D. and corresponding Password will be considered by the JBBA as having been sent by Customer.

4.	Customer agrees to immediately notify the JBBA if Customer becomes aware of any loss or theft or unauthorized use of its User I.D. and corresponding Password.

5.	Customer acknowledges that the JBBA is not responsible for notifying Customer of any upgrades, corrections or enhancements to any software or for any compromise or loss of data transmitted across telecommunications facilities or computer networks including the Internet.

6.	The security of the information entered by Customer may be maintained through the use of data encryption, data security protocols, passwords and other methods that the JBBA may employ, or may require the Customer to employ.

7.	The JBBA is not responsible for the deletion of or failure to store any data transmitted to the Service by Customer or any other third party.

8.	The JBBA is not required to delete or return any information entered by Customer upon termination of Customer's subscription.

Article 11 Obligations of Customer

Customer agrees to abide by all applicable internal and foreign laws, treatises and regulations in connection with use of the Service. Customer also agrees not to use the Service for the following purposes:

(1)	To use information from the Service to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam (sent to large number of unspecified recipients), chain letters or any other form of duplicative or unsolicited messages;
(2)	To gather and collect information or data regarding other users including e-mail addresses without their consent;
(3)	To transmit through or post on the Service any material that is harassing, libelous, abusive, unlawful, slanderous, threatening, harmful, invasive of another's privacy, vulgar, obscene or otherwise objectionable or harmful to minors in any way;
(4)	To transmit any material that may infringe the intellectual property rights or other rights of other users or third parties including trademark, copyright or publicity right;
(5)	To transmit any material containing software viruses or other harmful computer codes, files or programs such as trojan horses, worms, time bombs or cancelbots;
(6)	To interfere with or disrupt servers or networks connected to the Service or to violate the regulations, policies or procedures of such networks;
(7)	To attempt to gain unauthorized access to the Service or other accounts, computer systems or networks connected to the System through password mining or other methods;
(8)	To harass or interfere with other users' use and enjoyment of the Service; and
(9)	To post, distribute or otherwise transfer any informational material which the JBBA finds objectionable in its sole and absolute discretion.

The following acts by Customer are prohibited:

(1)	Acts which interfere with the management and operation of the Service;
(2)	Acts involving slander of the JBBA's management of the system and its other operations; and
(3)	Any other acts reasonably considered inappropriate by the JBBA.

Customer is prohibited from performing the acts described in Clause 2 above and also Article 5, Clause 3, and in the event that any such acts are performed, the JBBA may terminate Customer's subscription to the Service without prior notice to Customer.

Article 12 Warranties and Rights

1.	The JBBA makes no representations or warranties, express or implied, regarding the merchantabilty or fitness for a particular purpose as to any matter whatsoever, including the accuracy of any information, product, program or service provided by the Service.

2.	All rights, title to, and interest in, including copyrights and renewals thereof, all systems programs, records, statistics, data, documentation and any other informational material used or developed by the JBBA in relation to the Service, as well as all systems, programs, records, statistics, data, documentation, operation manuals, components and accessories comprising the system which furnish the services provided by the JBBA under this Agreement shall remain the property of the JBBA or its licensor at all times. Customer acknowledges and agrees that these rights are guaranteed by law.

3.	Customer acknowledges and agrees that the Service and any necessary software provided by the JBBA in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property laws and other laws.

4.	Customer acknowledges and agrees that content contained in sponsor advertisements or information provided to Customer by the Service or by advertisers is protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws.

5.	Customer agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or its software in whole or in part.

6.	Customer agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any part of the Service or use of or access to the Service. However, these restrictions shall not apply to information entered by Customer.

Article 13 Right to Use Service Software

1.	The JBBA grants Customer a non-transferable, non-exclusive, and terminable right to use the object code of related software, provided that Customer does not attempt to copy, modify, create a derivative work of, reverse engineer, reverse assemble, disassemble or decompile the related software or attempt to obtain any source code or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in or to the software.

2.	Customer agrees not to modify the related software in any manner or form or to use modified versions of the software, including (without limitation) cases in which the purpose is to obtain unauthorized access to the Service.

3.	Customer agrees not to access the Service by any means other than through the interface provided by the JBBA for accessing the Service.

Article 14 Limitation of Liability

1.	Customer understands and agrees that with multiple processing of complex data, and with reliance upon data acquired from multiple sources, errors and omissions in information can and do occur, as well as suspension of the Service and delays in providing information, despite best efforts to ensure accuracy of information and smooth operation of the system.

2.	The JBBA disclaims any responsibility or liability for any loss or any special, indirect or consequential damages incurred by Customer or any third party as a result of any errors or omissions in the Service.

3.	The JBBA makes no warranties as to the completeness, accuracy or validity of information obtained by Customer from the Service.

4.	The JBBA disclaims any liability for any loss or damage, delay in performance or nonperformance caused by equipment malfunction or breakdown, information unavailability, strikes or other labor disputes, riots, fire, insurrection, war, failure of communication networks, the elements, accidents, acts of God or any other causes beyond the JBBA's control, whether or not similar to the foregoing causes.

5.	The JBBA shall not be liable for any loss of anticipated profits or other economic losses or any special, indirect or consequential damages in connection with or arising out of the availability, the furnishing, the functioning or the use of the Service or any information obtained from the Service.

Article 15 Miscellaneous

1.	Any assignment of this Agreement by Customer without the prior written consent of the JBBA shall be null and void.

2.	A separate understanding may exist in connection with the provisions of this Agreement, but such understanding shall not supersede this Agreement, and in any case, the understanding must be represented in writing to be effective.

3.	This Agreement shall be binding upon the parties, their successors, legal representatives and permitted assigns.

Article 16 Jurisdiction

1.	In the event of any action arising between Customer and the JBBA, the Tokyo District Court shall be the court of jurisdiction.

Customer Agreement