Thank you for checking out the terms and conditions that cover KINTO Co., Ltd.’s (hereinafter referred to as “the Company”)  use of your photographs, images and statements regarding our brand and products (hereinafter referred to as “Content”).  If you have come to this web page, we have reached out to you asking if we can use materials that you have posted online or sent to us directly, which we would like to repost, use in various social media channels, or use for marketing purposes. We’ll refer to these User-Generated Content Terms of Use as “Terms.” Please read the Terms below.

 

Article 1 (Purpose of Use)

The Company will use the Content for its marketing activities (including, but not limited to, the use in social media, website, brochures, catalogs, PR magazine, and other promotional material, event footage, exhibition footage, etc.)

 

Article 2 (Consent)

When you receive a request from KINTO’s official Instagram account to use your Content, by replying in the comment section of the post with two tags #mykinto @kintojapan, you agree to these Terms.

If you are a minor, you must have the consent of a legal representative to agree to these Terms. When a minor agrees to these Terms, it is deemed that the legal representative has agreed to the contents of these Terms.

 

Article 3 (Intellectual Property Rights)

You shall warrant to the Company that you have legal rights to the provided Content and that the provided Content does not infringe on the rights of any third party. The intellectual property rights for the provided Content belong to and are reserved by you or the party that has granted you with permission to use the Content. However, you hereby grant to the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license (including, but not limited to, the right to use, reproduce, distribute, adapt, make transmittable, distribute, edit, and modify) to use the provided Content within the scope of purpose of use set forth in Article 1 of these Terms. 

You agree not to exercise the moral rights of the author with respect to the exercise of the usage rights by the Company. In the event that any damages are caused to a third party by reason that you violate any term prescribed in this article, you shall compensate for such damages at your expenses and responsibility, and the Company shall not be held liable for such damages. 

Article 4 (Prohibited Acts)

You shall agree not to engage in any of the following acts:

(i) Acts in breach of these Terms;

(ii) Acts that violate Instagram’s terms of use;

(iii) Acts in violation of any laws or regulations or acts related to criminal acts;

(iv) Acts of fraud or intimidation against the Company, other participants or any third parties;  

(v) Acts contrary to public order or moral;

(vi) Acts related to anti-social activities or the provision of benefit to anti-social forces;

(vii) Acts that infringe the intellectual property rights, portrait rights, privacy rights, honor, or other rights or interest of the Company, other participants or other third parties;

(viii) Acts of defamation against the Company, other participants or other third parties;

(ix) To provide the Company with Content containing the following:

(a) expressions that damage the reputation or credibility of the Company, other participants or other third parties,

(b) violent and cruel expressions,

(c) obscene expressions,

(d) expressions that encourage discrimination,

(e) expressions that encourage suicide, self-harm, etc.,

(f) expressions that facilitate the inappropriate use of drugs,

(g) anti-social expressions,

(h) contents of illegal solicitation or advertising,

(i) expressions that cause discomfort,

(j) computer viruses and other harmful computer programs,

(k) content for the purpose propagation or religious solicitation, and

(l) expressions that contrary to public order or morality.

(x) Acts of impersonating a third-party, fraudulently displaying the relationship between oneself and another person or group, or hiding or attempting to hide one's identity;

(xi) Acts that interfere with the operation of the Company’s services undermine or likely to undermine the credibility of the Company;

(xii) Acts against the intent and purpose of these Terms;  

(xiii) Acts that directly or indirectly cause or facilitate the acts refereed in the preceding items; or

(xvi) Other acts that the Company deems inappropriate.

Article 5 (Measures against Violation)

In the event that you cause damage to the Company, as a result of violating any terms and conditions prescribed in these Terms; you shall agree to compensate the Company of such damage (including, but not limited to, attorney’s fees and labor cost required for the settlement of the dispute).

 

Article 6 (Governing Law and Jurisdiction)

The governing law of these Terms shall be the laws of Japan. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the Tokyo District Court as the court of the first instance.

Updated: November 1, 2021