Terms of Use Agreement

This Terms of Use Agreement (this “Agreement”) sets forth the terms and conditions governing the use of “Japan Wire by Kyodo News” (the “Service”) provided by Kyodo News (the “Company”) on this website. Registered members (each, a “User,” and collectively, “Users”) shall use the Service in accordance with this Agreement. Please read this Agreement carefully before registering and using the Service.

Article 1 (Scope and Application)

This Agreement applies to all relationships between the Company and Users arising from or in connection with the use of the Service.
In addition to this Agreement, the Company may establish rules, guidelines, policies, or other terms applicable to the Service (collectively, “Individual Regulations”). Regardless of their title, all Individual Regulations constitute an integral part of this Agreement.
In the event of any inconsistency between this Agreement and any Individual Regulations, the Individual Regulations shall prevail unless expressly provided otherwise in such Individual Regulations.

Article 2 (Registration)

Persons wishing to use the Service must agree to this Agreement and apply for registration in the manner prescribed by the Company. Registration shall be completed upon the Company’s approval.
The Company may refuse registration without any obligation to disclose the reasons if:
1. false, inaccurate, or incomplete information is provided in the application;
2. the applicant has previously violated this Agreement or any Individual Regulations; or
3. the Company otherwise deems registration inappropriate.

Article 3 (Description of the Service)

The Service consists of the provision and distribution to Users of articles, audio, video, and other content and information as the Company may determine appropriate from time to time.

Article 4 (User ID and Password Management)

Users shall manage their user IDs and passwords for the Service at their sole responsibility and expense.
Users shall not transfer, lend, disclose, or share their user IDs or passwords with any third party.
If a login is made using a user ID and password that match the registered credentials, such use will be deemed to be by the registered User.
The Company shall not be liable for any loss or damage arising from any use by a third party of a User’s ID or password, except in cases of the Company’s willful misconduct or gross negligence.

Article 5 (Intellectual Property Rights)

All copyrights and other intellectual property rights in and to articles, photographs, and any other content provided through the Service (collectively, the “Content”) are owned by the Company, the providers of the Content, or other lawful rights holders. Users shall not reproduce, reprint, adapt, modify, distribute, publicly transmit, or otherwise make secondary or derivative use of the Content without the prior authorization of the relevant rights holder(s).

Article 6 (Prohibited Acts)

Users shall not engage in any of the following acts in connection with the Service:

acts in violation of laws, regulations, or public order and morals;
criminal acts or acts related to criminal activity;
acts that infringe or may infringe copyrights, trademarks, or other intellectual property rights contained in or accessible via the Service;
acts that damage, destroy, or interfere with the servers, networks, systems, or security related to the Service;
the use of information obtained through the Service for commercial or for-profit purposes without the Company’s prior consent;
acts that may hinder or interfere with the operation of the Service;
unauthorized access or attempts to gain unauthorized access;
collection, accumulation, or disclosure of personal information of other users without proper authorization or legal basis;
impersonation of the Company, its personnel, or any other user or third party;
permitting any third party to use the Service by sharing credentials or otherwise;
acts that infringe or may infringe the property, honor, privacy, or other rights or interests of the Company or any third party;
slander, defamation, or harassment of any third party;
unauthorized use, transfer, lending, renaming, or sale of passwords or accounts; or
any other act that the Company deems inappropriate.

Article 7 (Equipment and Communications)

Users shall, at their own expense and responsibility, prepare, install, and maintain all equipment, software, Internet access, and communication means necessary to use the Service, including without limitation computers and communication devices.

Article 8 (Suspension or Interruption of the Service)

The Company may, without prior notice to Users, suspend or discontinue all or part of the Service if:
1. maintenance, inspection, or updates of systems related to the Service are conducted;
2. provision of the Service becomes difficult due to force majeure events, including without limitation earthquakes, lightning, fire, power outages, or other natural disasters;
3. computers, communication lines, or systems fail or are stopped due to accidents; or
4. the Company otherwise determines that the provision of the Service is difficult.
The Company shall not be liable for any loss or damage incurred by any User or third party arising out of or in connection with any suspension or interruption of the Service, regardless of the cause.

Article 9 (Restrictions on Use; Termination of Registration)

The Company may, without prior notice, restrict a User’s use of all or part of the Service or terminate a User’s registration if:

the User violates any provision of this Agreement or any Individual Regulations;
any registration information is found to be false, inaccurate, or incomplete;
the User’s designated payment method (including any credit card, if applicable) is suspended or becomes unavailable;
the User fails to pay fees or other obligations when due (if applicable);
the User fails to respond to communications from the Company for a period prescribed by the Company;
the User has not used the Service for a period prescribed by the Company; or
the Company otherwise deems the User’s use of the Service to be inappropriate.

Article 10 (Withdrawal)

A User may terminate its registration and withdraw from the Service by following the procedures prescribed by the Company.

Article 11 (Disclaimer of Warranties; Limitation of Liability)

The Service and the Content are provided “as is” and “as available,” and the Company makes no representations or warranties, whether express or implied, regarding their safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, availability, or security, nor the absence of defects, errors, bugs, or infringement of third-party rights.
To the maximum extent permitted by applicable law, the Company shall not be liable for any damages incurred by Users arising out of or in connection with the Service.
Notwithstanding the foregoing, if the agreement between the Company and a User regarding the Service constitutes a “consumer contract” under the Consumer Contract Act of Japan, the foregoing disclaimers and exclusions shall not apply to the extent prohibited by law.
The Company shall not be involved in, and shall not be liable for, any transactions, communications, or disputes between a User and any other User or third party arising in connection with the Service.

Article 12 (Changes to the Service)

The Company may change all or part of the content or functionality of the Service or discontinue the provision of the Service. The Company will promptly announce material changes on its website. The Company shall not be liable for any damages incurred by Users as a result of any such change or discontinuation.

Article 13 (Amendments to this Agreement)

The Company may amend this Agreement whenever it deems necessary. The Company will promptly announce material amendments in a manner it determines appropriate, and a User’s continued use of the Service after the effective date of such amendments constitutes the User’s acceptance of the amended Agreement.

Article 14 (Personal Information)

The Company will handle personal information obtained through the Service in accordance with the Company’s Privacy Policy. Member information may be used for purposes including: verification of applications for email distribution services; sending emails (including advertisements and promotions); winner notifications and prize fulfillment; surveys; verification of event applications and the provision of related information; and notifying members in the event of system failures. Member information may be shared with Kyodo News, Kyodo News Digital, Kyodo News Images, and other IT vendors for the foregoing purposes.

Article 15 (Notices)

Notices and communications between the Company and Users shall be made in a manner determined by the Company, which may include email, posting on the Company’s website, or other reasonable means.
Unless a User notifies the Company of changes in accordance with the procedures separately prescribed by the Company, the Company may deem the currently registered contact information to be valid, and any notices or communications sent to such contact information shall be deemed to have reached the User at the time of transmission.

Article 16 (Assignment)

Users shall not assign, transfer, sublicense, pledge, or otherwise dispose of their contractual position under this Agreement or any rights or obligations hereunder to any third party without the Company’s prior written consent.

Article 17 (Governing Law; Jurisdiction; Good-Faith Consultation)

This Agreement shall be governed by and construed in accordance with the laws of Japan.
Any matters not provided for herein shall be resolved through good-faith consultation between the User and the Company.
If any dispute relating to the Service is submitted to judicial proceedings, the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.

Supplementary Provision
This Agreement is effective as of January 15, 2025.

Kyodo News