Kyodo News (hereinafter referred to as "Kyodo") shall provide you with our service under the rules set out below. If you use the online version of "Kyodo World Service" (KWS), you will be deemed to have consented to these Rules, and please, therefore, make sure you read these Rules. Kyodo may amend these Rules without any prior notice, so you should keep checking the latest provisions of these Rules.
Chapter 1 General Provisions
Article 1 Scope of Rules
These Rules shall apply to members (hereinafter referred to as "Member(s)") who have made an application for and executed a contract for the online version of KWS administered by Kyodo (hereinafter referred to as the "Service") in accordance with the given procedures for the Service. These Rules provide for the way of using the articles (including still images and motion pictures) from the Service and all information which forms the Service (hereinafter referred to as the "Content(s)").
Article 2 Equipment
Any equipment (including computers, smartphones, touchpads and so forth) necessary to view the data from the Service shall be arranged by the users.
Article 3 Copyright
The copyright to the Contents shall remain with the respective providers of the Contents. If a Member uses any of the Contents beyond the scope of "reproduction for private use" and "citation" under the Copyright Law, he or she shall be required to obtain permission from the copyright holders. Any copying, reproduction, translation, adaptation, alteration, distribution, making public, exhibition, transmission or other exploitation of works of authorship without obtaining permission shall constitute an infringement of the copyright thereto.
Article 4 Amendment of Rules
Kyodo may amend any of these Rules without the consent of Members in order to improve or otherwise develop the Service. When Kyodo makes any amendment, Kyodo shall announce its terms in any manner it deems appropriate. The terms so amended shall come into effect when Kyodo gives notice thereof to Members.
Chapter 2 Membership Application and Contract
Article 5 Term of Membership Contract
A contract shall be only for a month and automatically renewed on a monthly basis from the date on which the Member has executed the membership contract until the Member has finished the procedures for termination. Further, Articles 3 and 16 shall still be effective after the term of the contract has concluded.
Article 6 Termination of Membership Contract
When a Member has finished the given procedures for termination of the Service, or when the Service is stopped pursuant to Article 15, his or her membership contract shall be terminated. When a Member wants to terminate the contract, he or she shall give notice thereof to his or her contact at the Service by mail (Forgotten Password, Cancellation and Other Inquiries
) and undertake the termination procedures. Upon termination, the Member's membership ID and password shall be erased, and he or she may no longer make inquiries about his or her usage history or otherwise use any service.
Article 7 Refusal of Application for Usage
In the cases set out in the following items, Kyodo shall refuse any application for membership contracts. Even if a membership contract has been once executed, such contract shall become invalid.
1. If Kyodo finds that the applicant for membership is unable to comply with these Rules.
2. If a false entry is discovered in the information on the membership application.
3. If Kyodo otherwise finds that the applicant is not qualified to be a user.
Chapter 3 Fee and Payment
Article 8 Usage Fee and Payment Manner
The usage fee for the Service shall be as specified by Kyodo. Further, the manner of payment of the fee shall be by debit against a credit card.
Article 9 Change of Usage Fee
Kyodo may change the usage fee after giving notice thereof to Members. The usage fee so changed shall be effective starting with the month specified by Kyodo, and Kyodo shall not add anything to or make any refund from usage fees already paid.
Article 10 Fee
The usage fee for the month in which a Member has executed a membership contract shall be free, and it shall be charged starting with the month following the month in which the contract was executed. If termination occurs in the middle of a month, the usage fee for the month in which the termination has occurred shall nevertheless be charged. If a Member terminates his or her contract in the month in which the contract has been executed, a charge for one month shall accrue. Usage fees once paid shall be nonrefundable.
Chapter 4 Log-in Information Management
Article 11 Log-in Information Management
Members shall not permit third parties to use nor shall share with third parties their membership ID and password for the Service. Use of the Service through a Member's membership ID or the like shall be deemed as use by such Member, and such Member shall fully assume any responsibility for the same.
Kyodo shall assume no responsibility for any damage incurred by such Member if his or her membership ID or the like is used by a third party, whether or not it is caused by intention or negligence of such Member.
If the Member forgets his or her password, he or she shall immediately inform Kyodo and follow the instructions given by Kyodo.
Chapter 5 Usage Conditions
Article 12 Temporary Discontinuance of Provision of Online Version of KWS
In the cases set out below, Kyodo may have no choice but to temporarily discontinue providing the Service without giving any prior notice to users. In such cases, Kyodo shall do its best to resume the Service as soon as possible. Kyodo shall not return the portion of the usage fee which corresponds to the discontinuance period as a rule.
1. If it becomes necessary to urgently carry out maintenance or checking of its system.
2. If it becomes impossible to provide the Service due to fire, electricity interruption or the like events.
3. If it becomes impossible to provide the Service due to natural disasters such as earthquakes, volcanic eruptions, floods or tsunami.
4. If it becomes impossible to provide the Service due to wars, insurrections, riots, labor disputes or the like events.
5. If it otherwise becomes impossible to provide the Service for operational, technical or the like reasons.
Article 13 Delay in Providing or Disappearance of Service
Kyodo shall not assume responsibility for any delay in providing the Service which is caused by problems with the Internet and networks or the disappearance of the Service due to the failure or other malfunctions of terminal devices.
Article 14 Prohibited Acts
Members shall be prohibited from committing the acts set out below in respect of the Service.
1. An act which infringes or threatens to infringe intellectual property rights, such as copyrights or trademark rights of Kyodo or third parties.
2. An act which infringes or threatens to infringe the property, privacy or similar rights of third parties.
3. An act to transmit or display images, writings or the like which are in any way related to obscenity, child pornography or child abuse.
4. An act to alter or delete any information provided by Kyodo or third parties to which Members have access through the Service.
5. An act to impersonate another in using the Service.
6. An act to transmit harmful computer programs or the like or put them in such a condition under which third parties can receive them.
7. An act to transmit e-mail messages for publicity, advertising, solicitation or the like or to transmit e-mail messages which give or threaten to give offense to third parties without permission; an act to interfere with third parties' receiving mails; or an act to request chain mail transfer and an act to transfer them in response to such request.
8. An act to access the facilities of third parties or the facilities for the Service (which mean any communication facilities, computers, other equipment and software arranged by Kyodo to provide the Service, and the same shall apply hereinafter) without authorization, or an act to cause detriment to their use or administration (including an act which is likely to cause such detriment).
9. Other than the preceding items, an act to violate any of the laws, these Rules or public order or good morals; an act to interfere with the Service being administered; an act to injure the credibility of Kyodo or infringe on the property of Kyodo; or an act to cause disadvantage to Kyodo or third parties.
10. An act to put a link between any of the acts set out in Items 1 through 9 above and the websites the Members can view.
Article 15 Stoppage from Using Service and Erasure of Registration
If any of the following events occurs on the part of a Member, Kyodo may stop the Member from using the Service and erase his or her membership registration without giving any prior notice.
1. If the Member fails to perform his or her obligations in respect of the Service such as delay in payment of any fee.
2. If the Member commits any of the prohibited acts as set out in Article 14.
3. If the Member violates these Rules or any other regulations established by Kyodo.
4. If Kyodo otherwise finds the Member disqualified to be a membership registrant.
Chapter 6 Personal Information
Article 16 Person Information
The Member's personal information may be used for the purpose of responding to inquiries in respect of the Service as well as conducting questionnaire surveys in order to improve the Service. Any personal information shall be strictly managed by Kyodo. Further, no personal information shall be made available to third parties unless provided for by law. Furthermore, if Kyodo contracts out the work to manage the personal information, Kyodo shall appoint a contractor who has the ability to take full measures in safety management, and shall supervise the contractor.
If Kyodo is requested to disclose the personal information by the Member who is the information subject, Kyodo shall disclose it after confirming that he or she is the information subject, unless there is any reason for which such disclosure may be prohibited under applicable laws. If Kyodo is requested to make any correction, addition or deletion to the information or to stop the information from being used, Kyodo shall carry out an investigation and, if such a request is justifiable, shall take any necessary measures.
Kyodo shall not obtain any personal information in a manner whereby the information subject cannot be easily identified.
Chapter 7 Common Terms
Article 17 Damage Compensation
Kyodo shall not have any liability to provide compensation for damage incurred by Members or third parties, directly or indirectly, which has been caused by the provision of the Service, or by the discontinuance of such provision, or by any accident occurring in the course of such provision, in any way whatsoever. Further, Members hereby agree to ensure that they shall not involve Kyodo in any lawsuits they may bring, such as for damage compensation, with third parties under the Service. If a Member violates these Rules, or if a Member causes any damage to Kyodo due to unjust or illegal acts, Kyodo may demand appropriate damage compensation from such Member.
Article 18 Applicable Laws
The laws which are applicable in enforcing these Rules shall be the domestic laws of Japan.
Article 19 Court of Jurisdiction
If a dispute arises between a Member and Kyodo in respect of these Rules, the Tokyo District Court shall be the court having jurisdiction by agreement.