To use the KIMOTO 3D Model (hereinafter referred to as 'Content') provided by Kimoto Co., Ltd. (hereinafter referred to as 'the Company'), you must agree to the following KIMOTO 3D Model Terms of Use (hereinafter referred to as 'these Terms').
Please note that anyone who uses the Content (hereinafter referred to as 'User') is deemed to have agreed to the contents of these Terms. These Terms also apply when receiving services from our authorized agents.
Article 1 (Scope of permitted use of content)
1. Users may use the purchased Content without any restrictions on the number of times or media, including for advertising and sales promotion purposes, without any limitations on the usage area or period, except in cases that fall under Article 2 'Prohibited Matters'.
2. The Company grants the User a non-transferable and non-exclusive right to use the Content globally and perpetually. The User also agrees in advance that the same or similar Content may be used or may have been used by third parties.
3. The Content can be used without any restrictions on the number of times within the same company or among stakeholders involved in the same project.
Article 2 (Prohibitions)
1. Users are prohibited from using the Content for the following purposes:
(1) Reselling, distributing, transferring, lending, or transmitting the Content to third parties for commercial or non-commercial purposes, or otherwise transferring or lending usage rights to third parties, or setting up collateral. However, delivering advertising materials created by the User to advertisers for their use is not included in this restriction.
(2) Using or diverting all or part of the Content to create or sell services similar to this service or products similar to the Content.
(3) Infringing on the portrait rights, publicity rights, trademark rights, copyrights, or other rights of the subject by cutting out, trimming, processing, or editing specific subjects.
(4) Using all or part of the Content in trademarks, trade names, service marks, or other product displays, and registering or recording them.
(5) Using the Content in a way that damages the honor or credibility of the subject, for defamation purposes, or for other illegal purposes. If the subject is a person, using it in a way that gives the impression that the subject has specific religious or political beliefs, or that the subject is a patient with a specific disease. Using it in a way that damages the image of the subject, or in a way that the subject may find offensive, or in related advertisements or flyers.
(6) Using the Content in a way that creates the false impression that there is some partnership or cooperative relationship with the subject, or that the subject recognizes or supports the User's or a third party's commercial activities or services.
(7) Using the Content for purposes contrary to public order and morals or for political purposes, or using it for pornography (including child pornography), the sex industry, fraudulent businesses, adult sites, dating sites, or gang-related activities, regardless of whether it is contrary to public order and morals.
(8) The act of directly linking to content posted on our site and displaying images, etc., on a website without prior approval from our company.
Article 3 (Unauthorized Use, etc.)
1. If the User uses the Content without prior permission from the Company or engages in the acts specified in Article 2 (8), the User shall compensate the Company, the photographer, and the subject for any damages incurred (including litigation and attorney fees) in addition to the regular usage fees specified in Article 4.
2. In such cases, the User shall disclose all information requested by the Company, including the names, addresses, phone numbers, and contact persons of third parties, upon the Company's request.
Article 4 (Usage Fees and Payment)
1. Users shall pay the content usage fees specified separately by our company in accordance with the methods determined by our company. The remittance fee at that time shall be borne by the user. In addition, for usage without prior application and approval based on these terms, we may claim damages depending on the situation.
2. If the user delays the payment of the usage fees specified in the preceding paragraph, they shall pay a late fee calculated at an annual rate of 3% on the unpaid amount from the day after the payment due date until the payment is made.
3. Our company may change the usage fees specified in this article by notifying the user in advance by a method deemed appropriate. However, details of the revised usage fees can be notified to the user by posting them on our company's website at the following URL.
https://www.kimoto.co.jp/business/datakitchen_top/3dmodel/lineup
https://www.kimoto.co.jp/business/datakitchen_top/3dmodeljintai/lineup
Article 5 (Data Exchange, Returns, and Refunds)
1. If the content provided by our company differs from the user's order due to reasons attributable to our company, we will promptly deliver replacement content only if contacted within 10 days from the date the user received the content. However, if there is no contact from the user within 10 days of receipt, it will be deemed that there was no damage or incorrect order of the content.
2. Except in the case of the preceding paragraph, our company will not provide replacement content or refunds for reasons attributable to the user.
Article 6 (Disclaimer)
1. Our company takes great care in quality control of the content, but we do not guarantee any of the following and are not responsible for any disputes or damages arising from any of the following reasons to the user or any third party.
(1) Users are responsible for confirming the content (including image orientation, color tone, contrast, etc.) and the accuracy of captions, keywords, descriptions, etc. attached to the content before using it, and any damages or disputes with third parties arising from the user's failure to do so.
(2) Users are responsible for confirming the rights processing (including the rights processing of subjects necessary when modifying or altering purchased content) related to copyrights, portrait rights, trademark rights, design rights, etc. of the subjects of the content, and any damages or disputes with third parties arising from the user's failure to do so.
(3) Our company does not guarantee the merchantability, suitability, or fitness for a particular purpose of the content to the user, and any disputes with third parties arising from it.
(4) Any damages, disadvantages, or liabilities related to the content of information transmitted or provided by the user through various deliverables completed as a result of using the content, or in the event of disputes with third parties or damages caused to third parties.
(5) Any damages, disadvantages, or liabilities arising from the user's use of the content for purposes or methods that violate these terms, or from the use of content that our company has notified in advance to be suspended.
(6) Any impact of viruses or data corruption on the user's terminal devices, communication devices, storage media, and software, etc., arising or potentially arising from the use of our company's content.
Article 7 (Disputes with Third Parties, etc.)
1. If the user incurs damages due to our company's intentional or gross negligence in relation to the use of the content, our company will compensate the user for the damages incurred up to the amount of the relevant usage fees.
Article 8 (Copyright and other rights)
1. The copyrights and other intellectual property rights of the content licensed to the user (including images, descriptions, keywords, and other related information attached to the images) belong to our company or the authors who have entrusted the content to our company, and these copyrights and other intellectual property rights are not transferred to the user.
Article 9 (Termination of Content License)
1. If the user falls under any of the following circumstances, our company may revoke the content usage license without any notice or warning, and thereafter, the user will not be able to use the content at all. In this case, the user must destroy all content and its copies according to our company's instructions, and if any damage (including litigation costs and attorney fees) is caused to our company or a third party due to the user's actions, the user or the user's employer or affiliated organization, if the content was used for business purposes, agrees to compensate for all such damages. Furthermore, our company will not be held responsible for any damages or disputes arising between the user and third parties due to the restriction, suspension, cessation, or termination of the usage license, regardless of the reason.
① If you violate these terms and conditions.
② If there is any falsehood in the report or notification content to our company.
③ If a bill or check is dishonored or payment is suspended.
④ If subjected to compulsory execution, provisional seizure, provisional disposition, or auction application, or if subjected to delinquency disposition.
⑤ In the event of a petition for the commencement of bankruptcy, special liquidation, corporate reorganization, or civil rehabilitation.
⑥ In the event of a business suspension or revocation of business license or registration by the supervisory authority.
⑦ In the event of deterioration or the risk of deterioration in financial condition.
⑧ In the event of any other actions that may damage the trust relationship with our company.
⑨ In the event it is found that you are an anti-social force or equivalent (hereinafter referred to as "anti-social forces, etc."), or have been involved in illegal donations, threatening behavior, acts of defamation, business obstruction, fraud, organized crime, or unreasonable demands exceeding legal responsibility.
⑩ In the event it is found that you or your officers and employees have any financial or other relationships, directly or indirectly, with anti-social forces, etc., or that you or your officers and employees have provided funds or equivalent acts to anti-social forces, etc., regardless of the pretext.
⑪ In the event that a person belonging to antisocial forces or a person closely related to such forces is appointed as a director or employed as an employee, or if antisocial forces become involved in the management.
Article 12 (Others)
1. The formation, validity, performance, and interpretation of these terms shall be governed by the laws of Japan.
2. Even if any part of these terms is found to be invalid under the law, the remaining provisions of these terms shall continue to be valid and applicable to both our company and the user.
3. In the event of any issues arising between the user and our company in relation to the use of various contents provided by our company, both parties shall negotiate in good faith. If the issue cannot be resolved through negotiation, the Tokyo District Court shall have exclusive jurisdiction.
Article 13 (Amendment of Terms)
1. The user agrees that these terms may be changed without prior notice from our company.
2. The revised terms will apply to the user from the time they are posted at the URL below.
https://www.kimoto.co.jp/business/datakitchen_top/3dmodel/kiyaku
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