You shall provide to KINTO Europe B.V. (hereinafter referred to as “Company”) the right to use of contents (including but not limited to, images, videos, text, etc.; hereinafter referred to as “Content”) created and submitted  by you under these Terms of Use on the Provision of Content (hereinafter referred to as “Terms”). In providing the Content to the Company, you shall agree to the terms and conditions of these Terms being set forth 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 (Provision of the Content)

  1. If you agree to these Terms, the Company will provide its product to you for free of charge. The Company shall have full discretion on the type of product that it may provide to you. The company shall not make any replacement if the given product is lost, damaged or the like.
  2. After receiving the Company’s product, you agree to create the Content and submit such Content to the Company, in the manner prescribed by the Company.

Article 3 (Consent)

  1. To agree with these Terms, you should reply to the direct message received from the Company’s official Instagram account.
  2. If you are a minor, you are required to have your legal representative to consent to these Terms. Consent from your legal representative will be deemed to have been obtained when you send a direct message to the Company according to the condition outlined in the preceding paragraph. 

Article 4 (Intellectual Property Rights)

  1. You represent and warrant to the Company that you own the legal right of the Content, and the Content does not infringe the intellectual property rights of a third party.
  2. The intellectual property rights of the Content submitted by you to the Company shall belong to you or the entity that has granted you to use such Content. However, you agree to grant the Company, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, publish, reproduce, display, transmit, perform, adapt, modify, create derivative work,  in whole or in part, etc. (hereinafter referred to "Usage Rights")of the  Content for the purpose of use set forth in Article 1 of these Terms.
  3. You agree not to exercise your moral right as an author to the Content concerning the Usage Rights exercise by the Company.
  4. 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 5 (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 6 (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 7 (Governing Law and Jurisdiction)

  1. These Terms shall be governed by the Laws of The Netherlands.
  2. If there are any disputes, directly or indirectly, as a result of these Terms, the parties hereto submit themselves to the exclusive jurisdiction of the competent Dutch Court(s).