The web contents shall be called the Shiga Water Environment Technologies/Services Database (hereinafter, “Database”).
(Definition of Terminology)
3.1 “Registered Person” means a person who has registered technical information on the Database.
3.2 “User” means a “Registered Person” or a person who uses the information posted on the Database.
3.3 “Administrator” means a person who manages the Database; the manager of the Sewage Section of Shiga Prefecture shall perform the role of the Administrator.
(Services to Be Provided)
Shiga Prefecture provides a referral service of information registered by Registered Persons on the Database as well as the information on the Registered Persons by means of a standard form. Shiga Prefecture shall not provide any guarantees, certifications, or recommendations on the information registered on the Database.
A Registered Person on the Database shall be a corporation or an individual who satisfies each of the following conditions:
(1) A person who is not undergoing rehabilitation procedures as defined under the Civil Rehabilitation Act (Law No. 225 of 1999) or who is not undergoing reorganization procedures as defined under the Corporate Reorganization Act (Law No. 154 of 2002);
(2) A person to whom none of the following conditions apply:
((a) An officer, etc. (the person himself/herself if the person who intends to make a registration is an individual, or an officer of a corporation if the corporation intends to make a registration, including an agent who is entrusted all the authority to deal with Shiga Prefecture from a person who intends to make a registration, hereinafter, “Officer”) who is deemed to be a member of an organized crime group as defined under the Article 2 (6) of the Act for the Prevention of Wrongful Acts by Members of Organized Crime Groups (hereinafter, “Member of an Organized Crime Group”) (Law No. 77 of 1991);
((b) A person or a corporation with which an organized crime group (as defined under Article 2 (2) of the Act for the Prevention of Wrongful Acts by Members of Organized Crime Groups, hereinafter, “Organized Crime Group”) or a Member of an Organized Crime Group is, in effect, deemed to be involved in the business management of said person or corporation;
((c) An Officer who is deemed to have used an Organized Crime Group or a Member of an Organized Crime Group with the intent to gain wrongful profit for himself/herself, his/her own corporation or a third party, or to inflict harm on a third party;
((d) An officer who is deemed to be directly or actively cooperating with or involved in the maintenance or operation of an Organized Crime Group by taking such actions as providing funds or granting favors;
((e) An officer who is deemed to have a socially reproachable relationship with an Organized Crime Group or a Member of an Organized Crime Group; or
((f) A person or a corporation who is deemed to have wrongfully used an Organized Crime Group or a Member of an Organized Crime Group or to have knowingly used a person to whom any of the conditions in (c) through (e) in the above paragraphs apply.
(3) A person or a corporation who has a principal sales office, or a plant or a research and development center in Shiga Prefecture;
(4) A person or a corporation who is registered in the Shiga Water Environment Business Promotion Forum;
(5) A person or a corporation who has a track record in construction or maintenance services of sewage facilities in Shiga Prefecture; or
(6) A person or corporation for which the Administrator deems it appropriate to make a registration.
(Obligations of a Registered Person)
A Registered Person shall have each of the following obligations:
(1) All the responsibilities with respect to the information the Registered Person posts on the Database; and
(2) Compliance with relevant laws and regulations, including copyright laws, etc., with respect to the information the Registered Person posts on the Database.
(Information to Be Registered)
Information to be registered on the Database shall be information related to surveys, plans, technologies and services related to the manufacturing of equipment, etc., for the purpose of protecting the water environment. None of the following information shall be included in the scope of the information to be registered:
(1) Information that may be exaggerated or false;
(2) Information that may offend public order or morals;
(3) Information that may infringe copyrights, patent rights or other rights of third parties;
(4) Information that may be in violation of laws and regulations; or
(5) In addition to each of the above, information that is deemed to be inappropriate by the Administrator.
(Procedures for Registration)
(Applying, Revising and Reviewing of Registration)
8.1 A person who wishes to register or change information on the Database shall submit a Database Registration (Change) Application (Form Number 1, hereinafter, “Application”) and other documents to be specified separately by the Administrator, to the Administrator.
8.2 The Administrator shall register the information on the Database upon receiving the Application.
The registration fee for the Database shall be set forth separately by the Administrator.
(Deletion of Registration)
10.1 In the following cases, the Administrator may delete the registration of a Registered Person, or change or delete the information posted on the Database.
(1) When a Registered Person make a request to delete his/her registration through the submission of a document or in other ways;
(4) When verification cannot be made as to whether or not the information needs updating after two years have passed from the time of registration; or
(5) In addition to the above cases, when the Administrator considers that it is necessary to delete the registration of a Registered Person, or change or delete the information posted.
10.2 When the Administrator deletes the registration of a Registered Person, or changes or deletes the information posted, the Administrator shall notify the details of the deletion or change made together with its reasons to the Registered Person.
(Contracting out the Administration of Database)
The Administrator may contract out the administration and management of the Database to a contractor.
(Ownership of Rights)
The copyrights and other rights related to the information posted on the Database belong to the respective Registered Persons, and the rest of the copyrights and other rights of the contents belong to Shiga Prefecture.
With respect to the use of the Database, users are prohibited from engaging in the following actions:
(1) Actions of using the information on the Database for purposes, means or methods that are in breach of laws or regulations, cabinet orders, ministerial orders, or any other laws, regulations or ordinances, or that infringe on other persons’ rights, or actions of using the Database which are contrary to public order or morals;
(2) Actions that cause or may cause damage to the Administrator, Registered Persons or third parties;
(3) Actions of using or providing harmful software programs such as computer viruses; or
(4) Actions of using information for purposes other than introducing technical information, which include copying the information of Registered Persons and providing said information to third parties.
14.1 The Administrator shall not be held liable for any actions that users may take using the Database. In addition, the Administrator shall not be held liable for any damages suffered by users or third parties due to the delay, interruption or halting of the service provisions of the Database.
14.2 The Administrator may, without notice, stop or cancel operation of the Database or change all or part of the information posted on the Database.
In the case that a lawsuit arises between Shiga Prefecture and a user or a Registered Person of the Database, such lawsuit shall be exclusively brought in the Ohtsu District Court as a first instance.
Supplementary Provision 1
Supplementary Provision 2