PAJ Oil Statistics Weekly Data Service Use agreement
Rules Use of Data Service of Weekly Bulletin of Crude Oil & Oil Products Supply Statistics Petroleum Association of Japan The Weekly Bulletin of Crude Oil & Oil Products Supply Statistics (hereinafter referred to as "PAJ's Weekly Bulletin") is a statistical information service provided by the Petroleum Association of Japan (hereinafter referred to as "PAJ"). PAJ sets forth the Rules Use of Data Service of Weekly Bulletin of Crude Oil & Oil Products Supply Statistics (hereinafter referred to as the "Rules"), as follows: PAJ shall operate the data service of PAJ's Weekly Bulletin pursuant to these Rules, and shall provide either a "Full Set Course" of the Weekly Bulletin of Crude Oil & Oil Products Supply Statistics, or a "Data for Analyzing Course" of the Weekly Bulletin of Crude Oil & Oil Products Supply Statistics (hereinafter referred to as the "Service"), separately set forth, to those who want to use the services of PAJ's Weekly Bulletin and agree to the Rules (hereafter referred to as "User"). When an applicant clicks the "AGREE" button on the PAJ website that displays these Rules, the applicant shall be deemed to have agreed to these rules. 1. User Registration and Agreement to These Rules As referred to in these Rules, a "User" shall be a person who is approved by PAJ as such, after he/she has completed the prescribed application procedures and has agreed to abide by these Rules. A User is required to agree to abide by these Rules as part of the User registration process. A User shall be deemed to have agreed to abide by these Rules by completing the User registration by way of transmitting his/her application online or otherwise providing the information to be registered. All obligations to be undertaken by a User as set forth under these Rules shall be assumed by the applicant, regardless of whether the application is made by an individual User as an "Individual" or by a corporation or organization as a "Corporation." In the case of a corporate User, the person in charge shall also assume the obligations to be undertaken by a User as set forth under these Rules, together with the corporation itself. With respect to a User account, one (1) account is required for each terminal from which the Service is accessed. If a User accesses the Service from two or more terminals, the User shall be required to apply for as many accounts as the number of terminals. 2. Application and Revision of These Rules PAJ may revise any of the provisions of these Rules at any time and without notice to Users, whenever PAJ deems it is necessary to do so. Notice of any revisions to the Rules shall be posted on the PAJ website. Any revision to these Rules shall become effective from the instant that such revision is uploaded to the PAJ website. Before using the Service, therefore, refer to the latest version of the Rules as displayed on the PAJ website. These Rules, both prior to and after any revision, shall apply equally to all Users. 3. User Registration (1) In making an application to use the Service, an applicant shall provide PAJ with his/her information for the registration items set forth in (2) below using the form carried on the PAJ website. (2) Registration items shall be as follows: <Corporate User> - Required course - Name of corporation (or organization) - Address of corporation (or organization) - Full name of person in charge - Name of department/section of the person in charge - Address of department/section of the person in charge - Telephone number of department/section of the person in charge - E-mail address of person in charge (This e-mail address shall be the e-mail address personally held by the person in charge within the organization of the applicant corporation (or organization). A joint e-mail address used by multiple persons within the department/section shall not be accepted.) <Individual User> - Required course - Your full name (Registration under a name other than the applicant's real name shall not be accepted.) - Name of your organization and the section to which you belong - Your address - Your telephone number - Your e-mail address (This e-mail address shall be an e-mail address personally held by the applicant. An e-mail address belonging to another person or held jointly by two or more persons shall not be accepted.) (3) The User shall personally be responsible for providing his/her correct registration information to PAJ. (4) In the event of any change in the registration information provided by a User to PAJ, the User shall promptly amend his/her registration information using the method separately prescribed by PAJ. PAJ shall in no way be held liable for any damage arising from the User failing to make such a change. 4. Approval as a User After receiving an application, PAJ shall send the applicant an approval notice together with an invoice for providing the Service, provided PAJ approves that applicant as a User. The applicant shall pay the fee on or prior to the due date stated on the invoice. The contract for the use of the Service shall become effective at the time the fee is received by PAJ. In the event of the fee not being paid by the due date, the approval notice sent by PAJ shall cease to be effective, and shall become null and void. PAJ shall send an ID and password to the User by mail no more than ten (10) days after PAJ has confirmed the payment of the fee by the User. In the event of PAJ deeming it inappropriate to approve an applicant as a User, PAJ has the discretion not to approve such an applicant as a User. Also, PAJ may withdraw its approval even after initially issuing approval. 5. User Information PAJ shall make every effort to preserve each User's privacy when handling, for management purposes, the information provided through the User registration process and other User information otherwise obtained by PAJ. With respect to the information related to any individual and/or corporation and made available to PAJ through the User registration process (hereinafter referred to as "Individual Information"), PAJ shall not disclose such Individual Information to a third party without the consent of said User or applicant for User registration. Notwithstanding the above, if any item of the Individual Information falls into any of the following categories, PAJ may disclose such information without obtaining the prior consent of said User or applicant for User registration, giving due consideration to the contents thereof from the standpoint of observing the laws and regulations of Japan: 1) In the event disclosure is required under any law or regulation; or 2) In the event PAJ deems that the concerned User or applicant for User registration may cause damage to other Users or to third parties. 6. Inquiry and Communication In principle, any and all inquiries to and communication with PAJ by a User about the Service shall be made via e-mail. The e-mail address for such inquiries shall be that given on the PAJ website. When receiving e-mail from or sending e-mail to PAJ, a User shall use the e-mail address that he/she registered during the User registration process. If any User sustains any disadvantage or damage as a result of such User receiving or sending e-mail using an e-mail address other than that which was registered, PAJ shall in no way be held liable for such disadvantage or damage. 7. Time at Which the Service Shall Be Provided Providing the contents of the Service, as separately set forth, to Users hereunder shall be referred to as "Release." Providing part of the contents of the Service, as separately set forth, to the public shall be referred to as "Publication." Release shall be realized by carrying the contents of the Service, separately set forth, on the PAJ website that is exclusively dedicated to Users. The time at which PAJ shall commence the Release with respect to the Service shall be at or after 4:00 p.m. on the day posted on the PAJ website. There may be some delay relative to said time due to reasons of compilation. The time at which PAJ shall commence the Publication shall be noon of the day following the day of the Release (If the day following the day of the Release falls on a holiday, the Publication shall be postponed). 8. Terms of Provision of the Service The terms of provision of the Service to a User shall be for twelve (12) months beginning from the month immediately after the month in which PAJ sends the ID and password to the User. 9. Extension of Term of Provision of the Service The term of provision of the Service shall be extended for a period of twelve (12) months provided the User gives PAJ notice requesting extension of the term of provision of the Service no later than the end of the month immediately preceding the month in which the expiration date falls, and provided such User pays the prescribed fee on or before the 15th day of the month in which the expiration date falls. 10. Interruption of the Service and Liability In the event of any of the following, PAJ may temporarily discontinue or suspend the Service in whole or in part without prior consultation with the Users: (1) To perform regular maintenance or renewal of the system used to provide the Service, or in the event of any emergency; (2) In the event it becomes difficult to provide the Service due to a force majeure including, but not limited to, fire, blackout, or act of God; or (3) In the event PAJ deems it impossible to continue providing the Service due to unforeseen circumstances. PAJ shall in no way be held liable for any damage arising from the discontinuance, delay, suspension, change or so forth of the Service, either in whole or in part, due to any of the reasons listed above. 11. Settlement Payment by a User of the fee for using the Service shall be made to the bank account designated by PAJ in accordance with the method also designated by PAJ. The fee for using the Service, once remitted into the said bank account, shall not be refunded to a User under any circumstances. 12. Management of ID and Password (1) A User shall be responsible for the safe management of his/her ID and password. (2) A User shall be liable for any damage arising from the inadequate management, misuse, or use by a third party of the ID and password of the User, and PAJ shall not be held liable in any way whatsoever for any such damage. (3) If a User finds that his/her ID and password are being used by a third party, the User shall immediately inform PAJ to that effect, and shall follow the instructions given by PAJ, if any such instructions are given. 13. Termination of Contract for Use of the Service In the event that PAJ deems that a User falls into any of the categories described below, PAJ may suspend the use of the Service by said User or terminate the contract with said User without giving the User any advance notice to that effect; in such a case, PAJ shall unregister said User: (1) If it becomes clear that a User's contract for use of the Service has been terminated in the past for reasons attributable to the User such as a breach of any of these Rules; (2) In the event the PAJ deems the User as being in breach of any of these Rules; or (3) In the event that the User has committed any act that PAJ deems as being inappropriate. 14. Preparation of Equipment (1) A User shall, at the User's own expense and responsibility, make all the preparations that are necessary to use the Service of PAJ's Weekly Bulletin, including, but not limited to, the preparation, installation, connection and setup of communication equipment, software and all other equipment that may be necessary in connection therewith, the conclusion of a telephone service contract, connection to an access point, and enrollment in an internet provision service. (2) PAJ shall not assume any obligation for any remodeling, alteration or addition to the equipment, system or software managed by PAJ, nor make any changes to the method of providing the Service, for the purposes of securing compatibility with the communications equipment, software or any other equipment needed in connection therewith that a User needs or will need in order to use the Service. (3) Any act by a User to browse or download by using the Service (hereinafter referred to as the "Receiving Act") shall be made at the User's own responsibility. Any risk associated with the Receiving Act shall be borne by a User; the User shall be solely liable for all resulting damage, such as damage to computer security and so forth that may arise as a result of the Receiving Act. 15. Use of the Service (1) In using the Service, a User hereby agrees to bear all responsibilities and risks that may arise in connection with the User's use of the Service. (2) In using the Service, a User shall understand that any access to the Service may be interrupted, that errors may occur and security problems (including those caused by a computer virus) may occur in the course of using the Service, and the User shall acknowledge that the User is responsible for bearing all such risks. (3) PAJ reserves the right to lay down rules on the use of the Service and to restrict the use of the Service, if necessary. 16. Prohibition of Re-Distribution (1) With respect to any information provided to a User in PAJ's Weekly Bulletin, a User shall not divulge, publicize, or re-distribute this information to any third party or otherwise provide such information to outside parties before the time of the "Publication" by PAJ. At the same time, the User shall apply all possible measures to assure the security of the relevant information, and shall keep the information under its control to ensure that no accident of leakage to outside parties shall occur. Provided, however, that information related to 1) Refinery Operations, 2) Products Stocks and Crude, Unfinished Oil and Feed Stocks, 3) Refinery Production, 4) Imports, and 5) Exports that are carried on the "Publication Page" may be disclosed and publicized after the time of the "Publication" by PAJ. Prohibition from disclosure, publication and re-distribution of 6) Data for Analyzing and 7) the figures of the Year-ago Week and Difference from Year-ago Week (including not only the numeric data but also facts such as rates of increase and decrease as calculated from the numeric data) that are not carried on the "Publication Page" shall continue to apply even after the time of the "Publication," in the same way as before. (2) Even if any data included in PAJ's Weekly Bulletin is published or divulged for any reason before the time of the "Publication," PAJ shall in no way be held liable thereof unless said data is divulged by PAJ itself. (3) Regardless of the circumstances, a User shall not disclose to any third party the ID and password that PAJ allocates to that User. (4) With regard to a User registered as a corporate User, use by any division, department, or section other than that registered as the division, department, or section to which the person in charge belongs shall be prohibited, even though the division, department, or section is a part of the same corporation. When the ID and password are used by more than one division, department, or section in the same corporation, a contract for additional accounts is required separately. (5) In the event that a User publishes or divulges information related to 1) Refinery Operations, 2) Products Stocks and Crude, Unfinished Oil and Feed Stocks, 3) Refinery Production, 4) Imports, and 5) Exports, either in whole or in part, before the time of the "Publication," or if a User publishes or divulges 6) Data for Analyzing or 7) the figures of the Year-ago Week and Difference from Year-ago Week (including not only the numeric data but also facts such as rates of increase and decrease as calculated from the numeric data) that are not carried on the "Publication Page" at any time, such a User shall be liable to pay PAJ a penalty in the amount of 600,000 Japanese Yen. Provided, however, that if PAJ incurs any damage in excess of such a penalty, PAJ may also claim damages for any such excess. 17. Other Prohibited Matters In using the Service, a User (including the person in charge in the case of a corporate User) shall not commit any of the following acts: (1) An act to introduce himself/herself as a person other than himself/herself, introduce himself/herself as a corporation or organization despite having no right to represent that corporation or organization, or make a false statement that he/she is in a tie-up or cooperative relationship with another person or organization, including the case in which he/she is under an misunderstanding to that effect due to his/her willful act or negligence; (2) An act to alter any contents that are distributed through the Service of PAJ's Weekly Bulletin, or any items such as headers and so forth that appear therein; (3) An act to hinder or confuse the Service, or the servers or network connected to the Service, or an act of deliberately defying the conditions of use, operating procedures, rules or regulations of the network connected to the Service; (4) An act that violates any law or regulation, either willfully or through negligence; or (5) An act that runs counter to public order and morals. 18. Change in the Service PAJ may change, suspend or discontinue the Service at any time without giving Users notice to that effect. In the event that PAJ changes, suspends or discontinues the Service, it shall in no way be held liable thereof to any User. 19. Indemnification (1) A User shall settle, at the User's own expense and responsibility, all claims and demands arising from or in connection with any of the following: 1) Breach by the User of these Rules; 2) Use by the User of the Service, or any and all acts by the User related thereto; or 3) Infringement by the User of a third party's rights. (2) If PAJ incurs any expenses or pays damage compensation in connection with the settlement of any claim or demand mentioned in (1) above, the User concerned shall indemnify PAJ for any such expense and damages (including an attorney's fee paid by PAJ). 20. Treatment of Links Although PAJ and/or any other third party may sometimes provide links from the website providing the Service to other websites or resources for the purpose of convenience, PAJ shall in no way make any representation or warranty as to the usefulness of such external resources, nor shall PAJ be held liable for such. Any access to such websites or resources and the use thereof shall be at the User's own risk and responsibility. 21. Proprietary Rights (1) PAJ reserves and holds the ownership and other proprietary rights to and in any and all websites associated with the Service. (2) The contents of the Service are protected by copyright law and other laws. 22. Consent of Copyright Holder to Re-Distribution of Provided Data Upon divulging, publishing, or re-distributing, according to these Rules and other contracts with PAJ, data obtained by the Service to the third party after the time of the "Publication" by PAJ, a User shall explicitly quote PAJ's Weekly Bulletin as the source of such information in the case of any quotation of the data therein, and the User shall place a proper copyright notice to indicate that PAJ is the copyright owner in the case of reprint or reproduction, either in whole or in part, of the provided data. 23. Disclaimer of Guarantee PAJ shall provide the Service as is, and a User shall use the Service at the User's own risk and responsibility. PAJ shall make no guarantee, either express or implied, regarding any of the following in connection with the Service: (1) The Service meets User's demands; (2) Any item of information obtained by a User through the Service meets the User's demands; (3) No error occurs with respect to the Service or the data provided through the Service, or any such error shall be corrected; (4) Any result or information obtained from the Service is correct and reliable; A User shall obtain the entire content and so forth through the Service at the User's own risk and responsibility, and PAJ shall in no way be held liable for any damage that may result from downloading and other activities. No guarantee is made with respect to any information obtained by a User through the Service, unless otherwise expressly specified in these Rules. 24. Limitation on Liability A User hereby agrees that the User himself/herself shall be liable for compensation for any and all damages that may arise from or in connection with any of the following: (1) Use of the Service; (2) Connection to the Service (including any damage caused by a virus and so forth); (3) Breach of these Rules, and any damage to PAJ or any third party arising in connection therewith; or (4) Infringement on any rights of others. 25. Governing Law and Jurisdiction These Rules shall be governed by the laws of Japan. Any dispute between PAJ and a User arising from, relating to, or in connection with the Service shall be discussed in good faith between PAJ and the User, and if such dispute cannot be settled through such discussion, the User hereby agrees that the Tokyo District Court shall have the exclusive jurisdiction as the first instance court for the purpose of the adjudication of any such dispute. 26. Breach of These Rules on Use of the Service If a User finds any act that breaches these Rules, said User is requested to give PAJ notice to that effect. 27. System Requirements To use the Service, the following hardware and software are required: - For the OS, Windows98, Windows2000, WindowsMe or WindowsXP; - For the Web browser, Internet Explorer 5.0 or later; - Adobe Acrobat Reader 4.0 or later for reading an electronic document (PDF format). With respect to the computer to be used, PAJ shall not guarantee that the Service can be normally accessed by using a personal computer that does not satisfy the conditions of use set forth above, including a "Macintosh" computer. 28. Termination of User Registration If the term of provision of the Service has expired, or if a User gives PAJ notice of termination in accordance with the prescribed procedures, the concerned User registration shall be terminated. 29. Discontinuance of Business A User hereby agrees in advance that the business of providing the Service may be discontinued after PAJ gives Users advance notice to that effect with a specified advance notice period. Copyright (C) 2002 Petroleum Association of Japan. All rights reserved. Additional Provision These Rules shall be effective as of January 1, 2003. Revised April 28, 2005
(C)Petroleum Association of Japan, All rights reserved.