goo Lab API Terms of Use

This English version is provided as a translation of the Japanese version. To the extent such translated version of this goo Lab API Terms of Use (the “Terms of Use”) conflicts with the Japanese version, the Japanese version prevails.

The Terms of Use applies to all the users of our application programming interface (the “API”) in the goo labs found at https://labs.goo.ne.jp/, whether individuals or corporations. The API is provided by NTT Resonant Inc. (“we” or “us.”). By clicking on “Agree and Register with GitHub” button, you acknowledge that you have read and agreed to be bound by the Terms of Use.

1. Ownership of Rights

  1. All rights in the API, including without limitation copyrights, industrial property rights, and other intellectual property rights, are owned by us or a third party who grants such rights to us.
  2. You shall not sell, edit, process, create a derivative work of, or otherwise change, redistribute, sublicense, or transfer a part of or all of the API and our intellectual property rights.

2. Registration of Use

  1. In the course of using the API, you may need to register your ID for the service provided by the other companies we designate. Subject to the Terms of Use and other provisions and guidelines as may separately be set out by us from time to time (collectively, the “Addendums”), we grant a non-exclusive license to use the API to you if you agree to the Terms of Use and sign up for the service.
  2. You shall manage the ID and password at your own responsibility. Any use of the API by a third party is deemed a use by you so long as your ID and password are used. We are not responsible for any damage arising out of theft or unauthorized use of your ID or password by a third party unless such damage results from our negligence or willful misconduct.

3. Fee

Subject to the limitations set out in the Terms of Use and the Addendums, you may use the API for free of charge.

4. Preparation of Necessary Equipment for API

You shall, at your own expense and responsibility, prepare necessary equipment and network connection to use the API.

5. Credit

  1. If you develop or create other applications or services by using the API (collectively, the “Works”), then you must explicitly state in accordance with the manner separately set out by us that the Works has been developed or created by using our technology.
  2. We grant you a non-exclusive right to reproduce and make an automatic public transmission of our company name and the marks, logos, and images of the goo Lab and the API (collectively, the “Credit”) as required for making the statement in Section 5.1.
  3. You shall not remove, modify, alter, or otherwise change a part of or all of the appearance or any aspect of the Credit including, but not limited to, an html source if provided.
  4. You shall not use the Credit in any manner that would (i) undermine our company image, (ii) imply to users of the Works any endorsement or affiliation by us, or (iii) cause confusion between our service (including, but not limited to, the goo Lab and the API) and your Works among users.

6. Our Authority

  1. We may, at our discretion and without notice, change the content and specification of the API, terminate the API offerings, suspend a part of or all of the API offerings, or refuse your request to delete the registration information or to re-register your ID for use of the API.
  2. If we deem appropriate to operate the API, then we may, at our discretion, limit any aspect of your use of the API, including, but not limited to, the number of times that you can access to the API, and the total hours of your use of the API.

7. Prohibited Uses

Your use of the API is subject to the following restrictions.

  1. You shall not commercially use the API. For clarity, a commercial use means gaining a profit from the API or the Works.
  2. You shall not use the API for the Works that attempts only to provide the functions by the API, or use the API in any manner that would be deemed equivalent to re-offering the API.
  3. You shall not use the API in any manner integrating, combining, or correlating the information service including the content listed below and the API or any information that can be obtained from the API:
    - those contradictory to any fact;
    - those undermining someone’s reputation or credibility;
    - those including obscene expressions or nude images;
    - those infringing patent rights, utility model rights, design rights, trademark rights, copyrights, publicity rights, or any other rights of the others;
    - those including computer virus;
    - those designed to encourage the users to date unacquainted persons of the opposite sex;
    - those against public policy;
    - those violating laws and ordinances;
    - those violating the Terms of Use and the Addendums; or
    - any other content that we deem inappropriate.

8. Maintenance of ID and Access Log

We keep a record of and store your ID, your access log to the goo Lab and the API, and the information you have transmitted through the API to us or the necessary server to provide the goo Lab. We will use such information solely for the purpose of analyzing the trend in use of the goo Lab and the API, and operating and managing the goo Lab and the API. We will not use such information to collect personal information.

9. Warranty and Disclaimer

  1. WE DO NOT REPRESENT OR WARRANT TO YOU THAT OFFERING THE API WILL NOT BE SUSPENDED OR TERMINATED AND THAT YOUR USE OF THE API WILL BE UNINTERRUPTED. THERE ARE NO OTHER REPRESENTATIONS NOR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION RELIABILITY, LEGALITY, SAFETY, TITLE, AND NON-INFRINGEMENT OF THE API.
  2. You shall, at your own expense and responsibility, handle or resolve any allegations, threats, claims, and suits arising out of, or in connection with, (i) development and creation of the Works by using the API, (ii) providing the Works to a third party, (iii) violation of the Terms of Use and the Addendums, or (iv) infringement of a third party’s right. You shall hold us harmless from any liability, damage, and costs based on any such allegations, threats, claims, and suits. This section does not apply to any damage resulting from our willful misconduct or gross negligence.

10. Compensation for Damage

If you cause any damage to us in the course of using the goo Lab and the API, then you must compensate us for such damage, including attorney’s fees. For the avoidance of doubt, any act by a user of the Works is deemed an act by you.

11. Our Liability

WE ARE NOT LIABLE TO YOU FOR ANY DAMAGE RESULTING FROM OUR DEFAULT AND TORT UNLESS SUCH DEFAULT AND TORT IS BASED ON OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. IF THE AGREEMENT BETWEEN YOU AND US PURSUANT TO THE TERMS OF USE FALLS UNDER THE “CONSUMER CONTRACT” DEFINED IN THE CONSUMER CONTRACT ACT, THEN WE ARE LIABLE SOLELY FOR ANY ACTUAL, DIRECT, AND ORDINARY DAMAGE INCURRED BY YOU. FOR CLARITY, SUCH DAMAGE EXCLUDES ANY SPECIAL DAMAGE, LOST PROFIT, CORRUPTION OR LOSS OF DATA, OR LOSS OF OPPORTUNITY TO USE DATA, WHETHER FORESEEABLE OR NOT. NOTWITHSTANDING THE FOREGOING, IF THE DAMAGE RESULTS FROM OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE IN THE CONSUMER CONTRACT CASE, THEN THE DAMAGE ARE CALCULATED IN ACCORDANCE WITH THE GENERAL PRINCIPLE OF THE CIVIL CODE AND THE CONSUMER CONTRACT ACT.

12. Contact

If you wish to contact us, then you must use the contact information or form provided on our website, or this form. All communication must be in Japanese.

13. Amendment to Terms of Use

We may, at any time in our sole discretion, amend the Terms of Use and the Addendums. You are deemed to have agreed to the amended the Terms of Use and the Addendums as of the date of amendment.

14. Governing Law and Jurisdiction

The laws of Japan govern all matters with respect to the Terms of Use and the Addendums, and your use of the goo Lab and the API. Any disputes arising out of the Terms of Use and the Addendums between you and us is subject to the exclusive jurisdiction of Tokyo District Court located in Tokyo, Japan.

Established on December 2, 2014