Thank you for choosing Kyodo News Image Link Global (hereinafter referred to as "ILG").
ILG provides image and video content from around the world. From time to time, ILG will also provide image and video content from around the world, including events occurring in Japan.
ILG's services (including all related features and functions) You may use the ILG Services (including all related features and functionality), the ILG website and user interface, and all content and software applications associated with our Services (collectively, the "ILG Services" or "Services"). By signing up for or otherwise using the ILG Services, or by accessing any image or video content provided through the Services ("Content"), you agree to be bound by the terms and conditions of this Agreement. By agreeing to the terms and conditions within this service to access the Content, you are entering into a legally binding contract with Kyodonews Images Inc.
In order to use the ILG Services and access the Content, you must:
- have the ability to enter into a binding contract with us and not be prohibited from doing so under applicable law; and
- be located in a country where the Services are available. In addition, you promise that each registration information you submit to ILG will be true, accurate, and complete, and you agree to keep it that way at all times.
- 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").
- 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.
- You may use the Service, only after you enter our prescribed matters on the Site and if you agree to this Terms.
- 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)
- This Terms is applied to all contents that our Company provides to you unless otherwise agreed.
- 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.
- 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 Agreement, the following terms are used with the following meanings respectively.
- "Image" means an image that the Company provides to you via download, the Company's web storage service, e-mail, or other methods in accordance with these Terms.
- "Video" means the image that the Company provides to you via download, the Company's web storage service, e-mail, etc., in accordance with these Terms."Media" means books, booklets, pamphlets, posters and other printed materials, movies, DVDs, applications, websites and other media, exhibitions and displays, advertisements, television programs and other media in which you place the Images.
- "Advertiser" means a company, organization, or group that provides advertisements to the media.
- "Image or Video Provider" means the individual or group rights holder who has entered into a contract with the Company for the Company to acquire the Image or Video.
Article 3 (Application to Use ILG)
- You shall apply for the use of the images or videos posted on ILG by agreeing to the Terms and Conditions, entering the details of the use of the images or videos on the web, and sending them to the Company.
- If you have entered into a separate agreement with us, you may use our images or video by entering into such agreement.
- If there are any changes or updates to the information you entered when applying for this service, you shall promptly enter the changes on the ILG customer page and notify the Company.
Article 4 (Method of Providing Images or Video)
- The Company grants the customer the right to use the Company's images or video in the manner indicated in the ILG for each use of the Company's images or video (including e-mail and separately concluded contracts).
- We will provide you with the images or videos in the following manner.You access ILG via the Internet and download the image or video.
- You shall prepare and maintain at your own expense the system (software, Internet environment including public and dedicated lines) necessary to receive the images or videos.
- On our site, you will register your own ID and password (hereinafter referred to as "ID/Password") to obtain images or video. You shall strictly manage your registered ID/Password and shall not disclose it to any third party. In the event that the Company suffers damage due to a third party acquiring or using the customer's ID/password, the customer shall indemnify the Company. In addition, the Company shall not be liable for any loss or damage incurred by you arising from the same.
- In the event of delay, interruption or inability to receive images or video, you may download them from the customer page in ILG.
Article 5 (Prohibited Matters)
- The Company will assign only one ID to a customer. You shall enter true and accurate information when you register, and you agree that your ID may be revoked if you enter false or incorrect information.
You shall not commit any of the following acts in relation to the use of this site or the service, even if you do not intend to or are not negligent. If you commit any of the following acts, the Company may, without prior notice, invalidate your ID and prohibit you from using the Service.
- Actions that violate laws and regulations, public order and morals, criminal acts, or actions that encourage such actions.
- Infringing the copyrights, moral rights, other intellectual property rights, portrait rights, or other rights of third parties or the Company, such as copying, altering (including changing the source or the name of the right holder), changing, or transmitting the Company's images or video without permission.
- Use of the Company's images or videos for any purpose other than the purpose of use entered by the customer in the ILG or the purpose entered by the customer in the application to the Company.
- Delete any indication of copyright, trademark right or other intellectual property right displayed in the description of the image or video in the ILG, or delete any material originating from or related to the ILG.
- Actions that defame the credibility or honor of a third party (including the Company) or infringe on the rights of privacy or portrait rights.
- Discriminatory or violent expressions, obscenity, child pornography, child abuse, animal cruelty, commercial, political, religious or similar use, or any other acts that promote these.
- Defaming, libeling, or obstructing the business of the Company, the author, the copyright holder, the subject, or any other individual or group, or using the Images in any other way or for any other purpose that the Company deems inappropriate.
- Using ILG by using IDs obtained by other companies without permission.
- Obtaining unfair profits for oneself or a third party in relation to the use of ILG
- Interfere with the operation of the ILG or the server or network that provides the ILG
- Sell the purchased and downloaded images or videos to a third party.
- Any other acts that the Company deems inappropriate.
Article 6 (Scope of Use and Method of Use)
- All images or videos we provide are rights-managed (RM) content. The Company grants you a non-exclusive license to post and view the Image(s) or Video(s) on the media only once for the purpose of use (including, but not limited to, e-mail and separately concluded contracts) that you have applied for in the ILG. You may not use the Image in any other way, manner, or for any other purpose.
- You may post the image or video provided by us only in the publication in the case of use in the publication, or on the website in the case of use for your own purposes. If you wish to use our images or videos for advertising, please let us know the details of your use.
- In the event that the Company or the image or video provider establishes any restrictions or conditions on the use of the images or video, the customer shall strictly adhere to such restrictions or conditions.
- When you post or display the Images or Video on your or a third party's website, you shall comply with these Terms and Conditions and any other terms and conditions separately stipulated by the Company.
- If you publish or use the Image or Video in a publication or other tangible media, you may request that we provide you with one copy of the Image immediately upon completion. Notwithstanding the foregoing, if you intend to use the Images or video in any intangible media, such as web services, movies, videos, etc., you and the Company shall consult on a case-by-case basis to determine the method for confirming the use or publication
Article 7 (Copyright)
- The copyright and moral rights to the Images or the video belong to the Company or the author of the Images (hereinafter collectively referred to as the "Copyright Holder").
- By providing the Image or Video to the User, the Company does not transfer to the User the right of reproduction, adaptation, public transmission, or any other rights under the Copyright Act of Japan for the Image or Video. You may not reproduce, sell, or otherwise use the Images or Video for any purpose or in any manner other than those expressly authorized to you under Article 5.
You shall comply with the following items when using the Images or Video.
- When you publish the Image or Video in any media, you shall, in a manner and form separately agreed upon with Kyodo News Images, give credit to the Image or Video to the effect that it was provided by Kyodo News Images. The credit shall be "Kyodo News/Kyodo News Images" or "Kyodo News Images" or "Author/Kyodo News Images.
- You will not use the Image(s) or Video(s) in a manner that deviates from the intent of the Image(s) or Video(s) and the description of the Image(s) or Video(s) will be consistent with the Image(s) or Video(s).
Article 8 (Warranty)
- We warrant that we have the necessary rights and licenses to perform this Agreement and that the right holders have cleared the necessary rights (including waiver of moral rights) to use the Images in accordance with this Agreement. Notwithstanding the foregoing, the inclusion of the Image(s) or video(s) in this media may require additional clearance of portrait rights, trademark rights, design rights, etc., for any person, painting, article, equipment, product, building, location, etc., included in the subject matter. In such cases, the customer is responsible for obtaining the approval and permission of the rights holder, but may request the Company to provide the information necessary to process these rights.
- The Company and the image or video provider do not guarantee the accuracy, completeness, usefulness, or suitability for the specific purpose of the customer or advertiser with respect to the image or video.
Article 9 (Responsibility)
- In the event that the provision of the Images or Video is delayed or made impossible due to reasons attributable to the Company, the Company shall promptly notify the User.
- The Company shall make every effort to ensure that the Images or Video are provided to the User promptly and accurately. (i) any damage, loss or liability of you for which we (and the Image Provider) shall be indemnified or liable due to the inability, delay or interruption of the provision of the Images or Video or the use of the ILG shall be limited to direct and general damage actually caused by reasons attributable to us; and (ii) we (and the Image Provider) shall not be liable for any such damage, loss or liability. (ii) the amount we (and the image or video provider) shall compensate you for such damages, losses or liabilities shall be limited to the total amount paid by us to you for the Services during the most recent year.
- You shall, at your own expense and responsibility, deal with and resolve any claims or objections from third parties for infringement of copyright or other intellectual property rights, honor or other moral rights with respect to images or video posted on media used by you.
- This image or video is accompanied by a description for reference purposes based on the understanding and knowledge at the time of shooting. When you post the image or video on the media, you shall add the explanation at your own responsibility, and the Company shall not be responsible for the explanation.
- The Company shall not respond to any questions or inquiries regarding the Images or Video from users of the services provided by the customer.
Article 10 (Maintenance)
You shall, at your own expense and responsibility, manage and maintain the system for obtaining the Images or video from the Company and providing them to the Users.
The Company shall, at its own expense and responsibility, manage and maintain the Company's system for providing the Images or Video to the User. The Company reserves the right to suspend or discontinue the Service without prior notice due to maintenance or other reasons.
Article 11 (Fees)
- Users shall pay the fees displayed in the ILG (hereinafter referred to as "Fees") to the Company as compensation for using images or videos in accordance with these Terms. For any fees not listed on the ILG website, please contact the Company.
- In the event that the fees paid by the Company to the image or video provider are modified or changed, the Company may modify or change the Fees.
- Unless otherwise agreed by the Company, the customer shall pay the fees by credit card or bank transfer designated by the Company.
- Fees paid by credit card shall not be refunded if the images or video are provided in accordance with any of the provisions of Article 2 (1) through (2).
- If you are late in paying the monthly fee according to the agreement between you and us, the service that allows you to download images or videos from ILG will be suspended.
- The contract between you and us Monthly Plan shall be paid in advance.
- Contract between the customer and the company When Monthly Plan is applied for, it shall be available only until the end of the current month even during the month.
Article 12 (Confidentiality)
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.
- Information which was already known to or used in public at the time of disclosure;
- Information that becomes publicly known or used through no fault of the receiving party;
- Information that the receiving party has already duly obtained at the time of disclosure;
- Information that the receiving party duly obtained without confidentiality obligation from a legitimate third party;
- Information that the receiving party independently developed or created without reference to Confidential Information.
- 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.
- 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)
- Upon expiration of the term granted under these Terms and Conditions or a separately stipulated agreement, the term for which the Company has granted permission to use the Image or Image shall terminate, and you shall immediately cease all use of the Image or Image, and shall cause the relevant parties to cease use of the Image or Image, unless you have obtained separate written consent from the Company.
- Even during the period of provision of the Image or Video, the Company may discontinue the provision and use of the Image or Video. Notwithstanding the above, your obligation to pay any fees already incurred will not be affected.
In the event that you fall under any of the following circumstances, the Company may immediately suspend your use of the Service and terminate the provision of the Images or Video to you without any notice or demand to you.
- In the event that a provisional seizure, provisional disposition, or civil execution is filed against your important property or business.
- In the event of compulsory tax collection, temporary restraining order, or other official action.
- In the event that a petition for commencement of corporate reorganization proceedings, bankruptcy proceedings, or civil rehabilitation proceedings is filed or has been filed
- In the event that the Company receives a disposition from a governmental authority to suspend business, or to revoke a business license or registration.
- In the event of dishonor or suspension of payment of a draft or check drawn, guaranteed, underwritten, or endorsed more than twice in a six-month period due to insufficient funds
- The Company deems that the customer's financial condition has deteriorated.
- You decide to dissolve or transfer all or a significant part of your business to a third party.
- The Company deems that the Customer has committed an act of gross negligence or breach of trust that hinders the continuation of this Agreement.
- In the event that any event occurs which the Company deems to make it difficult to continue this Agreement.
- In the event that you fall under any of the events listed in each item of Article 13, Paragraph 3, you shall immediately lose the benefit of time with respect to any and all obligations to the Company and shall immediately pay the full amount of the unpaid rent to the Company in cash.
- The Company terminate this Agreement by giving you 30 days' notice, except when an agreement has been reached between you and Fuji Xerox regarding a change in the Charges pursuant to Article 11, Paragraph 2.
- The customer may request termination of the applied contract from the customer page. However, it shall be terminated at the end of the month following the month of application.
Article 14 (Exclusion of Antisocial Forces)
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.
- 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”);
- Organized crime group member (i.e., organized crime group member under Article 2 (6) of the Act);
- Quasi-member of an organized crime group;
- Affiliate of an organized crime group;
- Racketeer group, group engaging in criminal activities under the pretext of conducting social campaigns or political activities, or a violent group with special intellect;
- Terrorist group and other crime group;
- Person having a close relation (including but not limited to providing funds and other benefits) with a party under any of the above; or
- Any person similar to any of the above.
User confirms that User and its Concerned Parties will not directly or indirectly conduct any of the following:
- Request or demand in a violent manner;
- Unjust request or demand beyond legal rights;
- 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;
- Spreading rumor, damaging credit of the other party by using fraudulent or force, or interfering business of the other party; or
- Any similar conducts to any of the above.
- 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.
- 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.
Article 15 (After Use of Images or Video)
In the event that the right to use the image or video based on the purpose for which you applied or the contract expires, you shall promptly delete or destroy all images or video provided by the Company and report to that effect to the 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)
- 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.
- 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.
- 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)
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.