《How We Handle Personal Information》


In connection with management of the image archives, DNP Art Communications Co., Ltd. (hereinafter called “Our Company”) shall treat privacy information of our customers in the following manner.

1. Information to be filled in.
When a client wants to place an order for an image, register as a user or raise a question for our company, please fill out following information.

•  Name of corporation or organization
•  Name of Division or Department
•  Name of contact person
•  Postal address
•  Telephone number
•  Facsimile number
•  e-mail address

Please be aware that entries of wrong information in the essential entry box may not enable our company to answer you or to loan required image data.

2. Purpose of Use
Our company shall use privacy information of our customers for the purposes listed below.

•  To send images.
•  To answer questions from customers
•  To register as the user of the images archive website.
•  To send such documents as written estimates, loan slips and invoices for images on loan.
•  To send IDs and passwords to download images.
•  To acknowledge receipt of rental fees or remind payments.
•  To maintain records of transactions relating to the rent of images.
•  To perform the business of the rent of images properly and smoothly.

3. Disclosure to third parties
Our company shall not disclose or supply privacy information of customers to third parties. When any need arises to do so, our company shall inform our customers to obtain a prior consent.

4. Entrust of handling
In connection with server and system management of the image archives, our company shall entrust GMO Pepabo, Inc. to handle privacy information of our customers.

5. Protection and management
Our company shall use various security technologies and procedures to protect privacy information of our customers from unauthorized access or leakage.

6. Use of Google Analytics
The image archives website uses the Google Analytics provided by Google in order to grasp the status quo of the site use. The Google Analytics collects access information by using cookies. However, our company does not obtain information for identifying an individual by the Google Analytics.
For details of regulations of Google Analytics, please refer to the website of the Google Analytics.
User information collected by the Google Analytics shall be administered by Google in accordance with the privacy policy of Google. For details, see the Google’s website at:

Service rule: http://www.google.com/analytics/terms/jp.html
Policy and principle: http://www.google.com/intl/ja/policies/privacy/

Our company shall not be liable for any damage caused by using the Google Analytics.

7. Inquiries
Any inquiry regarding the notification of purpose, disclosure of privacy information, correction or termination of use, or the Private Information Policy shall be made using the question form.
 

Manager
Office of Information Security Promotion
DNP Art Communications Co., Ltd.

IMAGE ARCHIVES TERMS OF USE

Image Archives Terms of Use

DNP Art Communications Co., Ltd. ("the Company") establishes these Image Archives Terms of Use ("Terms") governing the Image Archives service, which provides reproductions of artworks held by museums, galleries, universities, and other institutions worldwide in the form of image data, film, prints, and other media, as well as the use of the Image Archives website ("the Site").

The Terms consist of Common Provisions applicable to all services and individual provisions applicable to specific services. Any user guides, notices, and policies regarding the handling of personal information published on the Site shall also form part of these Terms.

Structure of the Terms

1. Common Provisions
2. Image Licensing Terms
3. Website Terms of Use

1. Common Provisions

(1) Applicability

These Common Provisions apply to the relationship between the Company and its customers with respect to all services provided by the Company and shall be applied together with the service-specific terms applicable to each service.

In the event of any conflict between these Terms and any explanation or description of the services provided outside these Terms, the provisions of these Terms shall prevail.

Where special provisions or service-specific provisions are set forth in these Terms, they shall take precedence in the following order:

1. Special Provisions
2. Service-Specific Provisions
3. Other Provisions of these Terms

(2) Definitions

For the purposes of these Terms, the following terms shall have the meanings set forth below:

"Service"

"Service" means the service known as Image Archives provided by the Company, including any successor service regardless of whether the service name or content is changed.

"Terms"

"Terms" means the entirety of the Image Archives Terms of Use or any applicable part thereof, including the Image Licensing Terms and Website Terms of Use.

"Artwork"

"Artwork" means any work of art held by museums, galleries, universities, private collectors, or other institutions and individuals in Japan or abroad.

"Image"

"Image" means any reproduction of an Artwork, whether tangible or intangible, including digital data, film, prints, and all other media formats.

"Holding Institution"

"Holding Institution" means a museum, gallery, university, private owner, or other entity holding an Artwork, as well as any person or organization that supplies images of an Artwork to the Company and authorizes their use through a licensing arrangement.

"Copyright"

"Copyright" means the rights prescribed in Articles 21 through 28 of the Japanese Copyright Act.

"Copyright and Related Rights"

"Copyright and Related Rights" means the rights prescribed in Articles 18 through 28 of the Japanese Copyright Act together with neighboring rights.

"Intellectual Property Rights"

"Intellectual Property Rights" means copyrights, related rights, design rights, trademark rights (including the right to apply for registration thereof), portrait rights, publicity rights, and all other intellectual property rights.

"Rights Holder"

"Rights Holder" means any person or entity holding Intellectual Property Rights.

"Image Licensing Terms"

"Image Licensing Terms" means the portions of these Terms consisting of the Common Provisions and the provisions governing the licensing of Images.

"License Agreement"

"License Agreement" means an individual agreement for the licensing of Images concluded pursuant to the Image Licensing Terms.

"End Product"

"End Product" means any reproduction of an Image produced or created by the customer at the customer's own expense and responsibility and specifically identified in a License Agreement.

"End User"

"End User" means a person or entity that exhibits, displays, distributes, publishes, broadcasts, or transfers an End Product in its own name and at its own responsibility.

"Website Terms"

"Website Terms" means the portions of these Terms consisting of the Common Provisions and the provisions governing use of the Site.

"Registered User"

"Registered User" means an individual or legal entity that has registered the prescribed information on the Site in accordance with the Website Terms.

(3) Intellectual Property Rights

All Intellectual Property Rights relating to the Site and the Services belong to the Company or to the respective Rights Holders who have granted the Company permission to use such rights.

Any use by customers of content available on the Site requires a separate license granted under the applicable service-specific terms or other conditions separately specified by the Company.

Customers are advised that any use of content available on the Site beyond the scope permitted by applicable law may constitute infringement of Intellectual Property Rights.

(4) Prohibited Conduct

Customers shall not engage in, or attempt to engage in, any of the following activities on the Site or through the use of information obtained from the Site:

a.

Reproducing, adapting, distributing, assigning, lending, transmitting, or making available for transmission any images, videos, text, or other content displayed on the Site without obtaining the Company's prior authorization through the prescribed procedures.

b.

Committing fraud against or threatening the Company, Holding Institutions, Rights Holders, or any third party.

c.

Defaming, disparaging, or otherwise damaging the reputation, honor, or credibility of the Company, Holding Institutions, Rights Holders, or any third party.

d.

Transmitting information containing computer viruses or other harmful computer programs.

e.

Imposing excessive loads on the Site's network or systems, or otherwise interfering with the operation of the Services.

f.

Gaining unauthorized access to the Site's network or systems, or attempting to gain such access.

g.

Impersonating another person or using another Registered User's ID or password.

h.

Engaging in activities that violate laws, regulations, public policy, or public morals, or are likely to do so.

i.

Any other conduct deemed inappropriate by the Company.

(5) Indemnification

If a customer violates any of the prohibited activities described above, or uses content displayed on the Site or Images provided through the Services without the Company's prior approval, such customer shall indemnify and hold harmless the Company, the relevant Holding Institutions, and the Rights Holders from and against all costs, expenses, damages, losses, liabilities, claims, and legal fees arising therefrom.

(6) Disclaimer

The Company shall not be liable for any modification, suspension, interruption, discontinuation, or termination of the Services or for any consequences arising therefrom.

Even where the Company is found liable for damages for any reason, the Company's total liability shall not exceed the amount actually paid by the customer to the Company in connection with the event giving rise to the claim.

Furthermore, the Company shall not be liable for:

• Incidental damages
• Indirect damages
• Special damages
• Future damages
• Loss of profits

whether foreseeable or unforeseeable.

(7) Handling of Customer Information

The Company shall handle customer information obtained in connection with the provision of the Services in accordance with the document entitled "Handling of Personal Information."

(8) Amendments to the Terms

The Company may amend these Terms at any time.

Any amendment shall become effective when the revised Terms are posted on the Site.

By continuing to use the Services after such posting, customers shall be deemed to have agreed to the amended Terms.

(9) Governing Law and Jurisdiction

These Terms and any agreements entered into between the Company and customers in connection with these Terms shall be governed by and construed in accordance with the laws of Japan.

Any dispute arising out of or relating to these Terms or any related agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

 

2. Image Licensing Terms

(1) Application for Use

Customers wishing to use Images must submit an application form in the format prescribed by the Company specifying the applicant, purpose of use, period of use, method of use, and other required information.

Upon receipt of the application, the Company will issue a quotation for the applicable Image licensing fees.

If the customer accepts the quoted terms, an individual License Agreement shall be deemed concluded, and the Company shall issue a License Authorization Form and provide the licensed Image(s).

(2) Scope of License

Images may be used on a non-exclusive basis and solely for the user, purpose, frequency, period, and method of use specified in the License Authorization Form.

Unless otherwise specified, the permitted license term shall not exceed one (1) year from the date stated in the License Authorization Form.

Continued use beyond the expiration of the license period requires a new application and approval.

Any change to the original licensing conditions, including but not limited to an extension of the license period, an increase in print quantity, or any other material modification, requires prior approval and a separate application.

(3) Cropping, Partial Use, and Alterations

Images may not be used in any manner that injures or harms the reputation, dignity, integrity, or public image of the Artwork or its creator.

If cropping, partial reproduction, editing, or alteration of an Artwork is intended, the proposed use must be reviewed and approved in advance.

Where only a portion of an Artwork is reproduced, the use must be clearly identified as a partial reproduction, and, in principle, a full image of the Artwork should also be provided.

(4) Intellectual Property Rights

The Company does not own or control the Intellectual Property Rights associated with the Artwork itself.

Unless expressly provided in a quotation, special provision, or License Authorization Form, the licensing of an Image shall not constitute the grant, transfer, assignment, or sublicense of any copyright or other Intellectual Property Rights relating to the Artwork.

Unless expressly stated otherwise, customers shall obtain, at their own expense and responsibility, any permissions, licenses, clearances, or authorizations required from copyright holders or other rights holders.

Where an Artwork remains protected by copyright within the territory of intended use, the Company may require the customer to submit written evidence demonstrating that the copyright owner or copyright administrator has approved the proposed use before an Image is supplied.

(5) Disclaimer of Warranties

Except for representing that it is authorized to license Images under these Terms, the Company makes no representations or warranties of any kind regarding:

• Non-infringement of third-party rights;
• The suitability of the Artwork or Image for any particular purpose;
• The commercial value of the licensed use;
• The quality of the customer's final product; or
• Any other matters relating to the customer's use of Images.

All Images are provided "as is" and "as available."

(6) Restrictions on Use

Images may not be used:

• For any purpose other than the purpose approved by the Company;
• For unlawful purposes;
• In a manner contrary to public order or public morals; or
• In any manner prohibited by applicable law.

Certain Holding Institutions may impose additional restrictions on use.

Accordingly, some requested uses may be denied depending upon the nature of the project, territory, media, audience, or purpose.

(7) Defective Images

The Company inspects Images before delivery.

If an Image supplied differs materially from the Image ordered or is physically damaged, the Company shall replace it at its own expense.

Any claim regarding defective delivery must be made within seven (7) days after receipt of the Image.

Failure to notify the Company within such period shall constitute acceptance of the Image and acknowledgment that no defect existed at delivery.

The Company makes no representation or warranty that:

• Color tone,
• Image quality,
• Composition,
• Orientation,
• Cropping,
• Resolution, or
• Other characteristics

accurately reflect the current condition of the Artwork.

The Company shall have no obligation to replace, repair, or otherwise compensate customers for such differences.

Regardless of the format in which an Image is supplied, the Company's responsibility concerning image quality and defects shall be limited to the provisions of this section.

(8) Credit Line Requirements

Customers must include the following information in connection with the licensed use of the Image:

• Artist name;
• Title of Artwork;
• Name of the Holding Institution; and
• Any credit line specifically designated in the License Authorization Form.

Customers must also include an appropriate notice indicating that unauthorized reproduction is prohibited.

The Company accepts no responsibility for captions, interpretive text, explanatory materials, or other descriptions accompanying the Artwork.

(9) Submission of Complimentary Copies

Where an Image is used in a publication, product, exhibition, broadcast, website, or other End Product, the customer shall provide complimentary copies as follows:

• One copy for each relevant Holding Institution; or
• Other materials reasonably requested by the Company demonstrating the actual use of the Image.

For products manufactured or distributed over multiple production runs, one copy per Holding Institution shall be provided.

(10) Usage Reporting

Where licensed products are manufactured, sold, distributed, streamed, or otherwise exploited on a continuing basis, customers must report usage results to the Company by the fifth business day of each month for activities conducted during the previous month.

If no use of the licensed Image occurs after licensing, the customer shall likewise notify the Company by the fifth business day of the month following delivery.

(11) Return and Destruction of Licensed Materials

Physical materials supplied by the Company, including but not limited to:

• CD-Rs,
• Positive transparencies,
• Monochrome prints,
• Film materials, or
• Other physical media,

must be returned no later than:

• Three (3) months after shipment; or
• The expiration of the license period,

whichever occurs first.

Customers shall bear all shipping and handling costs associated with such return.

Any digital files retained by the customer, together with any copies not expressly authorized by the applicable License Agreement, must be securely deleted or destroyed immediately after expiration of the permitted use period.

If any physical item supplied by the Company is lost, damaged, or cannot be returned, the customer shall pay liquidated damages in the amount of JPY 50,000 (exclusive of tax) per Image.

(12) Breach of Agreement

If a customer:

• Exceeds the scope of the granted license;
• Violates these Terms; or
• Engages in conduct that may reasonably result in a violation,

the Company may immediately revoke the license without prior notice.

Upon such revocation, the customer shall comply with the Company's instructions and cease all use of the Image, including destruction or deletion of all unauthorized reproductions.

The Company shall not be liable for any damages suffered by the customer as a result of such revocation.

The customer shall indemnify the Company, Holding Institutions, Rights Holders, and any other affected third parties for all costs, expenses, and damages arising from such breach.

(13) Compliance with Laws

Customers are solely responsible for compliance with all applicable laws and regulations relating to their use of Images, including without limitation:

• Copyright laws;
• Trademark laws;
• Product liability laws;
• Advertising laws;
• Consumer protection laws; and
• Other applicable legal requirements.

Customers shall also be solely responsible for obtaining all permissions, approvals, licenses, and governmental authorizations necessary for the creation, distribution, exhibition, sale, or other use of End Products.

(14) Licensing Fees and Payment Terms

Image licensing fees, data duplication fees, duplication charges, print production fees, international procurement fees, shipping fees, and any other applicable charges shall be as specified in the quotation issued by the Company.

Unless otherwise agreed in writing, payment shall be made by bank transfer to the account designated by the Company within thirty (30) days of the invoice date.

All bank transfer charges shall be borne by the customer.

For payments originating outside Japan, an additional bank processing charge of JPY 5,000 shall apply.

If payment is not received by the due date:

• The Company may suspend future licensing transactions;
• No further Images will be supplied until payment is confirmed; and
• Fees already paid are non-refundable.

Image licensing fees and associated charges remain payable even if the customer ultimately elects not to use the licensed Image after delivery.
 

(15) Special Provisions

Special Provision for Images Supplied by the Museum of Fine Arts, Boston

For any use of Images supplied by the Museum of Fine Arts, Boston, the customer must submit printer's proofs, galley proofs, or other pre-publication review materials to the Museum of Fine Arts, Boston and obtain its prior written approval before production, publication, distribution, or release.

One copy of the proof materials must also be provided to the Company.

If approval is not granted by the Museum of Fine Arts, Boston, the proposed End Product may not be produced, distributed, or otherwise used.

The Company shall not be liable for any loss, expense, delay, or damage arising from such review requirements or refusal of approval.

Special Provision for Images Supplied by Bridgeman Images

Unless otherwise specified, the Image licensing fee includes compensation for authorized use of the Artwork's copyright only within the scope set forth in the License Authorization Form and solely within Japan.

The licensing fee does not include any permissions, licenses, clearances, or royalties relating to:

• Third-party copyrighted works incorporated in the Artwork;
• Trademarks;
• Trade dress;
• Portrait rights;
• Publicity rights; or
• Other intellectual property rights.

The customer shall be solely responsible for determining whether any additional permissions are required and for obtaining such permissions at its own expense.

Without Bridgeman Images' prior written consent, the customer may not:

• Crop the Image;
• Edit the Image;
• Modify the Image;
• Combine the Image with other images;
• Create derivative works; or
• Otherwise alter the Image in any manner.

Special Provision for Images Supplied by The Tokugawa Art Museum

Use of Images supplied by The Tokugawa Art Museum shall be subject to the Tokugawa Art Museum Image Archives Licensing Terms and applicable fee schedules.

Special Provision for Images Supplied by Tokugawa Museum

Use of Images supplied by Tokugawa Museum shall be subject to the Tokugawa Museum Image Archives Licensing Terms.

Special Provision for Images Supplied by Seikado Bunko Art Museum

Use of Images supplied by Seikado Bunko Art Museum shall be subject to the Seikado Bunko Art Museum Image Archives Licensing Terms.

3. Website Terms of Use

(1) Functions of the Website

By agreeing to these Terms, customers may use the following functions available through the Site free of charge:

• User account registration;
• Lightbox functionality;
• Submission of Image licensing request forms;
• Image download services (available only to Registered Users);
• Requests regarding content not currently registered on the Site.

Customers are responsible for obtaining, maintaining, and paying for all equipment, software, internet access, and telecommunications services required to use the Site.

(2) User Account Registration

A customer may apply to register a user account by:

• Agreeing to these Terms;
• Agreeing to the Company's privacy practices; and
• Providing the information required by the Company in the prescribed manner.

The Company shall determine, at its sole discretion, whether to approve a registration request.

If approved, the Company shall notify the applicant, and registration shall become effective upon issuance of such notice.

The Company may refuse registration or re-registration without explanation if:

a.

Any registration information contains false, inaccurate, incomplete, or misleading information.

b.

The applicant is a minor, adult ward, person under curatorship, or person under assistance and has not obtained the legally required consent of a parent, guardian, curator, or assistant.

c.

The Company determines that the applicant is associated with organized crime groups, criminal organizations, antisocial forces, or similar entities, or is engaged in supporting, financing, maintaining, or cooperating with such organizations.

d.

The applicant has previously violated an agreement with the Company or is otherwise associated with such a person or entity.

e.

The Company otherwise determines that registration would be inappropriate.

(3) Responsibilities of Registered Users

Registered Users must promptly notify the Company of any changes to their registration information using the procedures specified by the Company.

Registered Users shall be solely responsible for maintaining the confidentiality and security of their User IDs and passwords.

User IDs and passwords may not be:

• Shared;
• Lent;
• Assigned;
• Transferred;
• Sold; or
• Permitted to be used by third parties.

Registered Users shall bear all responsibility for any loss, damage, liability, or expense arising from unauthorized use, misuse, or insufficient management of login credentials.

The Company shall not be liable for any such losses.

(4) Deletion of User Accounts

The Company may suspend, deactivate, or delete a Registered User account without prior notice if:

a.

The Registered User violates any provision of these Terms.

b.

The Company discovers that any registration information is false.

c.

The Registered User has not used the Service for a period exceeding six (6) consecutive months.

d.

The Registered User fails to respond to inquiries or requests from the Company for a period exceeding thirty (30) days.

e.

Any circumstance exists that would have justified refusal of registration under these Terms.

The Company shall not be liable for any loss or damage arising from account suspension or deletion.

A Registered User who wishes to delete registration information may request deletion through the inquiry form available on the Site.

(5) Lightbox Function

The Site provides a Lightbox feature that allows users to save and organize Images by project.

The contents of a Lightbox may be deleted if:

• The user's session expires; or
• Browser cookies are deleted.

The Company does not guarantee retention of Lightbox contents and shall not be liable for any loss of saved data.

(6) Image Licensing Request Forms

Customers wishing to license Images may submit requests through the Site by:

• Agreeing to these Terms; and
• Providing the information requested by the Company.

The Company shall review each request and determine whether licensing is available.

The Company may provide:

• A quotation;
• Licensing conditions;
• Delivery methods; and
• Any other relevant information.

A License Agreement shall become effective when the customer places an order in accordance with the Company's prescribed procedures and the Company's quotation.

(7) Image Downloads

Where delivery of licensed Images is made through online download, the Company shall provide customers with download instructions and access credentials.

Customers must:

• Access the designated download page;
• Log in using the assigned credentials; and
• Download the Image within the specified period.

Downloaded Images may be used solely within the scope authorized by the applicable License Agreement.

Customers may not:

• Transfer Images to third parties;
• Resell Images;
• Redistribute Images;
• Grant sublicenses;
• Permit third-party access; or
• Use Images beyond the approved scope.

After expiration of the authorized use period, all downloaded Images must be permanently deleted.

(8) Requests for Unregistered Content

Customers may use the inquiry form on the Site to request information regarding Images or Artworks not currently listed in the Image Archives database.

The Company may respond by:

• Email;
• Telephone; or
• Other appropriate means of communication.

The Company does not guarantee that such materials can be sourced, licensed, digitized, or made available.

(9) Suspension, Modification, or Termination of Services

The Company may, at its sole discretion and without liability, modify, suspend, interrupt, discontinue, or terminate all or part of the Services at any time.

(10) Disclaimer

The Company shall not be liable for any damages, losses, costs, expenses, or liabilities arising from:

• Interruption, suspension, termination, or modification of the Services;
• Inability to use the Services;
• Deletion of Registered User accounts;
• Loss of Lightbox contents;
• Failure, malfunction, damage, or destruction of equipment;
• System outages;
• Network failures; or
• Any consequences resulting from the foregoing.

Established August 1, 2016

For information regarding the document entitled "Handling of Personal Information," please contact the Information Security Promotion Office separately.