Terms of use

  • 1. This Terms of use(the “Terms”) sets forth the terms and conditions concerning use of the service to provide the digital image content ("Service") in the sales site of "KYODO NEWS IMAGELINK" that Kyodo News Images Inc. (hereinafter, including our affiliate companies, "our Company" or “we”) operates ("Site").
  • 2. The user of the Service (“User” or “you”) will use the Service pursuant to this Terms, and other regulations, rules and guidelines that our Company sets forth (collectively, "Terms").
  • 3. This Terms may be revised or amended at any time without prior notice. You will confirm the latest version of the Terms whenever you use the Service, and you are deemed to agree to the current Terms when you use the Service.
  • 4. You may use the Service, only after you enter our prescribed matters on the Site and if you agree to this Terms.
  • 5. You are deemed to agree to the Terms by using the Service or the contents that the Service provides. Unless you agree to the Terms, you cannot use the Site.
Article 1 (Scope)
  • [1] This Terms is applied to all contents that our Company provides to you unless otherwise agreed.
  • [2] Our Company may enter into a separate agreement with you when you use the Service. In such case, such agreement constitutes part of the Terms.
  • [3] When the terms and conditions under this Terms and those in a separate agreement under Article 1.2 or other conditions that our Company may separately set forth are different, such separate agreement or conditions will prevail.
Article 2 (Definition)
In this Terms, the following terms will be used for the following meanings:
  • (1)"Image" means an image which our Company provides to you by downloading, web, email or other methods in accordance with this Terms;
  • (2) "Medium" means a book, booklet, brochure, poster and other printing, movie/DVD, application, website and other medium, exhibition/display, advertisement, TV program and other medium where you place the Image;
  • (3) "Advertiser" means a corporation, organization or association which provides advertisement to a Medium; and
  • (4) "Image Provider" means a person or an entity who entered into an agreement with our Company for our Company to obtain the Image.
Article 3 (Application for Use of KYODO NEWS IMAGELINK)
  • [1] You will apply for use of the Image by agreeing to this Terms and providing a filled form of "Application for KYODO NEWS IMAGELINK" ("Application") to our Company.
  • [2] In addition to the application by using Application, you may apply for use of the Image by entering our prescribed matters into the order screen of the Site and agreeing to the Terms. Further, when you enter into a separate agreement with our Company, you are deemed to apply for use of the Image by entering into such agreement.
  • [3] If there is change or update in the information that you entered when you applied for the Service in Application or by other methods, you will promptly notify our Company by our prescribed method.
Article 4 (Method to Provide Image)
  • [1] Our Company grants to User the right to use the Image during the period granted to User in writing (including an email and a separate agreement that may be entered) for each use of the Image.
  • [2] Our Company provides the Image to you as follows.
    • You access the Site via the Internet and download the Image.
  • [3] You will at your own cost prepare and maintain the system (internet environment, including software and public/dedicated line) necessary to receive the Image.
  • [4] Our Company issues an ID and a password ("ID/Password") for User to obtain the Image. You will strictly manage ID/Password assigned by our Company, and will not disclose ID/Password to any third party. If we suffer any damages by any third party obtaining or using your ID/Password, you will indemnify our Company for such damages. Further, our Company will not be responsible or liable for your damage arising out of or resulting from similar circumstances.
  • [5] In case of delay, suspension or incapability in your receiving the Image, you will promptly notify our Company.
Article 5 (Prohibition)
  • [1] Our Company will assign only 1 ID to a person or a company. You will enter your true and correct information in the registration, and you agree that your ID may be canceled if you enter false or wrong information.
  • [2] With respect to use of the Site and the Service, you are prohibited from any of the following conducts, even without your willful misconduct or negligence. If you make any of the following conducts, our Company may invalidate your ID and prohibit your use of the Service without any prior notice.
    • (1) Conducts in breach of the Terms;
    • (2) Conducts to violate laws, regulations or public policy, criminal acts, or any conducts which encourage any of them;
    • (3) Conducts to infringe copyrights, moral rights or other intellectual property rights or portrait rights or any other rights of a third party and our Company, including but not limited to making an unauthorized copy of, changing (including changing description of its source and right holder’s name), altering or transmitting the Image;
    • (4) Use of the Image for other purposes than those you applied for or entered to our Company when you applied for the Image;
    • (5) Deleting notice of copyright, trademark or other intellectual property right displayed on the Service or the materials originated from or in relation to the Service;
    • (6) Conducts to damage or harm credit or reputation of, or to infringe privacy rights, portrait rights and other rights of, any third parties (including our Company and member newspaper companies of Kyodo News);
    • (7) discriminatory/violent expression, obscenity/child pornography/child and animal abuse, commercial/political/religious or similar use or other conducts which may encourage any of them;
    • (8) defamation, slander, libel or interference of the business of our Company, author, Copyright Holder, photographic subject and other person and organization and any other use of the Image in the manner or for the purpose that our Company deems inappropriate;
    • (9) Obtaining several IDs by 1 person or 1 company or using the Site by using other party’s ID;
    • (10) Conducts to obtain unjust profit for yourself or any third party with respect to use of the Service;
    • (11) Conducts to interfere operation of the Service or the server or the network to provide the Service; or
    • (12) Any other conducts that our Company deems inappropriate.
Article 6 (Scope and Method of Use)
  • [1] Our Company grants a non-exclusive license to User to publish an Image on a Medium and make available to other users for their view, during a period described in writing (including but not limited to an email and a separate agreement that may be entered). User may not use the Image in or for other methods, manners or purposes.
  • [2] User may publish the Image provided from our Company, (i) only on the publication, in the case of use on publications, and (ii) only for 3 months, 1 year or other term our Company may separately specify, depending on your application, in the case of use on websites. If you wish to reprint the publication or to use the Image on the website even after the initial term, you will apply for use of the Image and pay the Fees (hereinafter defined) to our Company. Further, if you wish to use the Image for exhibition, TV, advertisement, game, poster, class album or other purposes, please contact us with information on how you wish to use.
  • [3] When our Company or the Image Provider sets any restrictions or conditions to use the Image, you will comply strictly with such restrictions and conditions.
  • [4] When you wish to place or display the Image on your or a third party’s website, you will comply with the Terms and other Terms that may be set forth by our Company separately.
  • [5] When you publish or use the Image on publications or any other tangible medium, you will provide 1 copy thereof to our Company promptly after its completion. Notwithstanding the foregoing, when you use the Image in a web service, movie, motion picture or other intangible medium, for each use, you and our Company will discuss and determine how to confirm your use or publication.
Article 7 (Copyright)
  • [1] Any copyrights and moral rights of authors to the Image will belong to our Company or the author of the Image (collectively, "Copyright Holder").
  • [2] Our Company does not assign to User the rights of reproduction, adaptation or public transmission or any other rights to the Image under the Copyright Act of Japan, in or by providing the Image to User. User may not reproduce, sale or otherwise use any of the Image for other purpose and in other manner than those expressly granted to you in accordance with Article 5.
  • [3] When you use the Image, you will observe and comply with the following:
    • (1) When you publish the Image on the Medium, you will add the credit that the Image is provided by our Company, in accordance with the method and manner separately agreed with our Company. The credit will be "Kyodo News" or "Author: Kyodo News Images".
    • (2) You will not use the Image in a manner deviating from its photography intent, and the explanation of the Image will accord with the Image.
    • (3) You will specify on the Medium and publicly notify to users of your services that any conducts that infringe copyrights and other rights in relation to the Image or that deviate from the terms and conditions for use (e.g., using or storing the Image for other purposes than your personal use, and altering, reproducing, selling, publishing or re-transmitting the Image) are prohibited.
Article 8 (Warranties)
  • [1] Our Company warrants that our Company has the rights and the licenses necessary for performing this Agreement and that our Company has cleared rights (including waiver of moral rights of authors) necessary for User to use the Image in accordance with this Terms. Notwithstanding the foregoing, for publication of the Image on the Medium, clearance of portrait rights, trademarks, design rights and other rights may be additionally required for a person, painting, object, equipment, goods, building, location and others contained in the photographic subject. In such case, you will obtain authorization and permission from the right holders at your responsibility, but you may ask our Company to provide information necessary for such rights clearance.
  • [2] Our Company and the Image Provider make no warranties of accuracy, completeness, usefulness or fitness to the particular purpose of User or Advertiser with respect to the Image to User and Advertiser.
Article 9 (Responsibility)
  • [1] If provision of the Image is delayed or becomes impossible due to an event attributable to our Company, our Company will promptly notify User.
  • [2] Our Company makes its efforts for the Image to be provided to you promptly and accurately. However, you agree that, for any reason and regardless of the causes except for the damages due to our Company’s willful misconduct or gross negligence, (i) your damages, losses or liabilities arising out of or in relation to impossibility, delay or suspension in providing the Image or use of the Service for which our Company (and Image Provider) may indemnify or be responsible will be limited to the direct and general damages actually caused due to an event attributable to our Company, and (ii) the amount that our Company (and Image Provider) may indemnify you for such damages, loses or liabilities will be limited to the total amount that our Company has been paid by you with respect to the Service during recent 2 years.
  • [3] In case of a third party claim or objection alleging infringement of copyrights, other intellectual property rights, reputation or other moral rights with respect to the Image published on the Medium, you will deal with and resolve such claim and objection at your own cost and responsibility.
  • [4] The explanation is attached to the Image for your reference purpose, based upon understanding and knowledge at the time of photographing. If you publish the Image on the Medium, you will add an explanation at your responsibility, and our Company will not take any responsibility for such explanation.
  • [5] Our Company will not answer or respond to questions or inquiries concerning the Image from users of the services you provide.
  • [6] Even in case of destruction of your system environment, disappearance of your stored information or other system trouble that may be caused by your receiving the Image, our Company and the person designated by our Company will not be responsible or liable for them.
  • [7] If our Company is prevented from or delayed in performing obligations to provide the Image due to an event not attributable to our Company (including but not limited to troubles in dedicated lines or public lines, troubles attributable to internet service providers, act of God, natural disaster, strike, disorder, war, administrative disposition, or abolition or amendment of laws and regulations), our Company will not be responsible or liable for such non-performance or delay.
Article 10 (Maintenance)
  • [1] You will at your cost and responsibility manage and maintain your systems to obtain the Image from our Company and to provide it to your users.
  • [2] Our Company will at our cost and responsibility manage and maintain our system to provide the Image to User. We may suspend or interrupt the Service without prior notice for maintenance, management and any other reasons.
Article 11 (Fee)
  • [1] User will pay the amount of the fees listed on the fee table ("Fees") to our Company as consideration to use the Image pursuant to this Terms. Please contact us for the fees for use not listed on the website of IMAGELINK.
  • [2] If the fees that our Company pays to the Image Provider is modified or changed, our Company may modify and change the Fees.
  • [3] Unless otherwise agreed by our Company, User will pay the Fee through credit card payment designated by our Company. The Fee paid or settled by credit card will be non-refundable, if the Image has been provided in accordance with any of Article 4.2 (1) through (3).
  • [4] If User delays the payment of any of the Fees, User will pay our Company the late charges of 10% per year to said delay amount.
Article 12 (Confidentiality)
  • [1] You and our Company will not use technical, operational or other business information of the other party marked “Confidential” disclosed by the other party in relation to provision of the Image (“Confidential Information”) for other purpose than services necessary for providing and using the Image and will not disclose Confidential Information to any third party. Notwithstanding the foregoing, the information that such party may prove the following will not be included in Confidential Information.
    • (1) Information which was already known to or used in public at the time of disclosure;
    • (2) Information that becomes publicly known or used through no fault of the receiving party;
    • (3) Information that the receiving party has already duly obtained at the time of disclosure;
    • (4) Information that the receiving party duly obtained without confidentiality obligation from a legitimate third party;
    • (5) Information that the receiving party independently developed or created without reference to Confidential Information.
    • [2] Notwithstanding Article 12.1, if You or our Company are/is required to disclose Confidential Information to a third party by laws, regulations, or orders by an administrative agency or the court (collectively “Orders”), such party may disclose Confidential Information to such third party pursuant to the Orders.
  • [3] The rights in relation to Confidential Information that User or our Company discloses to the other party will remain with the disclosing party, and the disclosing party will not assign, set or grant any patents, copyrights or any other intellectual property rights to the receiving party.
Article 13 (Renewal and Termination)
  • [1] Upon expiration of the term granted in accordance with of this Terms or a separate agreement, the term granted to use by our Company the Image will be terminated, and you will immediately stop all use of the Image and make your related parties stop use of the Image unless you obtain our separate written approval.
  • [2] Even during the term of providing the Image, User and our Company may stop provision and use of the Image. Notwithstanding the foregoing, your payment obligation of the Fees already accrued will not be affected.
  • [3] In case of any of the following events happened to you, our Company may, without any notice or demand to you, immediately stop your use of the Service and terminate provision of the Image to you.
    • (1) If a petition is filed for provisional seizure, provisional disposition or civil execution with respect to your material property or business;
    • (2) If you experience coercive collection of taxes, preservation attachment or other public disposition;
    • (3) If a petition is filed to you or you file a petition for commencement of corporate reorganization proceedings, bankruptcy proceedings or civil rehabilitation proceedings;
    • (4) If you experience disposition of suspension of your business, or disposition of cancelation of business license or registration from an administrative office;
    • (5) If you experience, more than twice during 6 months due to shortage of funds, dishonor for bills or checks drawn, warranted, accepted or endorsed, or suspension of payment;
    • (6) If our Company deems that your financial condition becomes deteriorated;
    • (7) If you resolve dissolution or assignment of the whole or material part of your business to a third party;
    • (8) If our Company finds your gross negligence or betrayal which would interfere continuations of this Agreement; or
    • (9) If any circumstances occurs that our Company deems difficult to continue this Agreement.
  • [4] If you fall under any of the events under Article 13.3, you will immediately lose the benefit of time with respect to any and all obligations owed to our Company, and you will immediately pay all of the outstanding amounts to our Company in cash.
  • [5] Our Company may terminate this Agreement by giving you 30 day prior notice, unless you and Our Company reach an agreement regarding the change to the Fees under Article 11.2.
Article 14 (Exclusion of Antisocial Forces)
  • [1] You represent and confirm that you, any of your representatives, officers, persons having actual controlling power, employees, agents or mediators (collectively, "Concerned Parties") do not and will not fall under any of the following at present and even in the future.
    • (1) Organized crime group (i.e., organized crime group under Article 2 (2) of the Act on Prevention of Unjust Acts by Organized Crime Group Members (77th act in 1999), “Act”);
    • (2) Organized crime group member (i.e., organized crime group member under Article 2 (6) of the Act);
    • (3) Quasi-member of an organized crime group;
    • (4) Affiliate of an organized crime group;
    • (5) Racketeer group, group engaging in criminal activities under the pretext of conducting social campaigns or political activities, or a violent group with special intellect;
    • (6) Terrorist group and other crime group;
    • (7) Person having a close relation (including but not limited to providing funds and other benefits) with a party under any of the above; or
    • (8) Any person similar to any of the above.
  • [2] User confirms that User and its Concerned Parties will not directly or indirectly conduct any of the following:
    • (1) Request or demand in a violent manner;
    • (2) Unjust request or demand beyond legal rights;
    • (3) With respect to transaction, threatening behavior (including but not limited to telling that you or your Concerned Party is any of Article 14.1) or violent behavior;
    • (4) Spreading rumor, damaging credit of the other party by using fraudulent or force, or interfering business of the other party; or
    • (5) Any similar conducts to any of the above.
  • [3] If our Company finds your breach of any of your representations, warranties or confirmations under Articles 14.1 and 14.2, our Company may terminate any and all of your applications and agreements made between you and our Company (including but not limited to any related or ancillary memorandum, collectively "Executed Agreements") without any notice or demand to you.
  • [4] Our Company will not be liable or responsible for or not indemnify User from any damages, losses or costs suffered or incurred by User arising out of or in relation to such termination, if our Company terminates the Executed Agreements in accordance with Article 14.3.
Article 15 (After Use of Image)
If the right to use the Image under this Agreement expires, User will promptly delete or destroy all of the Images provided by our Company and make report of such deletion or destruction to our Company.
Article 16 (No Assignment)
User will not assign, transfer or pledge the rights and obligations under the Terms to any third party without prior written consent of our Company.
Article 17 (General Provisions)
  • [1] Any provisions of the Terms will be deemed severable, and any invalidity of any provision of the Terms will not affect the validity of the remaining provisions of the Terms.
  • [2] Failure or delay of our Company to exercise or enforce at any time any of the provisions under the Terms will not be deemed a waiver of such and other provisions or the right to exercise or enforce any such and other provisions.
  • [3] This Terms constitutes the entire agreement between you and our Company with respect to the subject matter of this Terms, and supersedes all prior discussions, agreements and understandings, whether written or oral, between you and our Company with respect to the subject matter of this Terms.
Article 18 (Language)
The language of this Terms is Japanese, and its English translation is for reference purpose only.
Article 19 (Governing Law and Jurisdiction)
The Terms will be interpreted and construed in accordance with laws of Japan. Any dispute between the parties arising out or of or in relation to providing the Image will be submitted exclusively to Tokyo District Court or Tokyo Summary Court.