PressThe Pokémon Company

Legal Information / Media Usage Guidelines

Article 1 (Purpose)

These Terms of Use stipulate the terms and conditions that Users are subject to when using the Content provided on the Website by the Company, and shall apply to all relationships between the Company and Users.

Article 2 (Definitions)

Terms used in these Terms of Use shall have the following definitions.

  1. The "Company" shall refer to The Pokémon Company.
  2. A "User" shall refer to operators of blogs, newspapers, news websites, magazines and other media, and their representatives that request Usage.
  3. "Content" shall refer collectively to all images, audio, video and other works, and Brand Material provided by the Company to the User via the Website.
  4. "Brand Material" shall refer to material that represents the brand(s) owned by the Company including logos, trademarks, and service marks.
  5. "Usage" shall refer to the use of the Content solely for the purpose of providing information via blogs, newspapers, news websites, magazines and other media operated by the User in accordance with these Terms of Use.
  6. The "Website" shall refer to the website operated by the Company with regards to Usage.

Article 3 (License of Use)

  1. The Company hereby grants a non-exclusive, temporary and revocable license for the use of the Content within the scope of Usage to the User, under the proviso that the User is in compliance with the obligations set forth in these Terms of Use.
  2. The license provided to the User by the Company outlined in the preceding clause is free of charge.
  3. The User shall bear any charges and cost pertaining to Usage.

Article 4 (Prohibitions)

  1. The User must not do the following.
    1. Use the Content for commercial or profit-making purposes beyond the scope set forth in these Terms of Use, including the sale of the Content or charging for access to the Content.
    2. Alter, adapt and/or edit the Content, or create material derived from the Content.
    3. Use the Content in any manner that implies a partnership, sponsorship and/or affiliation with the Company, or an endorsement and/or approval from the Company.
    4. Use Brand Material in any manner where it is the most distinctive or prominent element among the User's works or publications.
    5. Use Brand Material as the name of a User's business, product, service, app, domain name, social media account, or any other provision or publication, whether online and offline.
    6. Use the Content for any commercial product sold or distributed by the User. However, this shall not be the case if used within the scope of Usage.
    7. Use the Content in any manner that has a negative social or educational impact on the Company or Pokémon.
    8. Use the Content in any manner that damages or diminishes the value of Brand Material, and/or harms the reputation or image of the Company and/or its products and/or services.
    9. Add a watermark to or include a copyright or trademark notice of the User or a third party on the Content without obtaining prior approval in writing from the Company.
    10. Disable or remove any technical restrictions as configured on the download server for the Content, or breach the server and/or perform any action that may cause defects or malfunction.
    11. Act in any manner that infringes upon public order and morals, violates any laws or regulations, or has the potential to do so.
    12. Act in any manner that infringes upon the intellectual property rights, reputation, credibility, privacy and any other rights of the Company and/or a third party.
    13. Use the Content specifically for political, religious, or ideological purposes.
    14. Act in any other manner that the Company deems inappropriate or equivalent to any of the preceding clauses.
  2. 2. The User shall immediately lose the rights granted as per Article 3, Paragraph 1 if found to be in violation of these Terms of Use. The Company shall not be liable for any damages incurred by the User as a result of such termination.
  3. If the User violates these Terms of Use and damages are incurred by the Company and/or a third party, said User shall be liable to compensate for all incurred damages.

Article 5 (Consignment)

The User shall be able to partially consign work to a third party as necessary for Usage. In the case of consignment, the User shall guarantee with the Company that such third party shall comply with the obligations set forth in these Terms of Use, and the User shall be in violation of these Terms of Use if such third party violates their obligations.

Article 6 (Limitations of Liability)

  1. The Content shall be provided as is, and the User shall acknowledge that the Company shall not make any guarantees regarding the Content or the User's Usage thereof, including that the Content does not infringe upon any copyright and/or other third-party rights, and does not guarantee the Content's validity, accuracy, relevance and reliability.
  2. The Company shall not be liable to the User and/or any third party for damages, injuries or claims of any nature that arise from using the Content or related to the Content to the maximum extent as permitted by applicable law.
  3. The Website may provide links to websites and resources operated by a third party; the Company shall not be responsible for the content, use and results of said websites and resources. The Company shall also not be liable if the User incurs any damage as a result of using such websites.

Article 7 (Ownership of Rights)

  1. All rights pertaining to the Content are owned by the Company or a third party who has been granted by the Company such rights.
  2. The User shall guarantee the Company that, if new copyrights arise with respect to the Content, they will not make any assertions based on the moral rights of the author and agree that all copyrights (including rights stipulated in Articles 27 and 28 of the Japan Copyright Act) shall vest in the Company upon the creation of such copyrights.

Article 8 (Suspension, Amendment and Termination, etc.)

  1. The Company reserves the right to suspend, amend or terminate work regarding the provision of and any other Usage pertaining to the Content at its discretion at any time.
  2. If the Company provides the User with additional usage guidelines, the User shall comply with these Terms of Use and the additional usage guidelines shall constitute a part of these Terms of Use.
  3. The Company reserves the right to amend all or part of these Terms of Use without prior approval from the User. Partial or entire amendments to these Terms of Use shall take effect when the Company notifies the User via the Website or another means deemed suitable by the Company, and the User shall only comply with the amended Terms of Use from then onwards. If any Usage takes place after these Terms of Use have been amended, said User shall be deemed to have agreed to the amended Terms of Use.
  4. The Company shall not be liable to the User with regard to any stipulations in the preceding clauses.

Article 9 (Prohibition of Assignment of Rights and Obligations)

The User may not grant rights to a third party, including assigning, sublicensing or providing as collateral the status and/or rights of the User as per these Terms of Use without obtaining prior approval in writing from the Company.

Article 10 (Governing Law, Jurisdiction, and Other)

  1. The law governing these Terms of Use shall be Japanese law.
  2. Any disputes regarding these Terms of Use shall be settled by the Tokyo District Court as the court of first instance with exclusive jurisdiction by agreement.
  3. If any provisions from these Terms of Use become void or unenforceable, said provision(s) shall be enforced to the fullest possible extent, and all other provisions of these Terms of Use shall remain in full force and effect.
  4. These Terms of Use shall be executed in the English language. Having regard to the Law No.24 of 2009 concerning National Flag, Language, State Symbol and Anthem and the Regulation of the President of the Republic of Indonesia No. 63 of 2019 concerning Use of Bahasa Indonesian language, User agrees and declares that it does not require for these Terms of Use to be translated into Indonesian Language given that it understands, comprehends and fully agrees to be bound by the language and contents of these Terms of Use.
    The Company and User hereto agree that no party hereto shall be entitled to argue in any action, claim, dispute or other similar legal proceedings that these Terms of Use are invalid on the basis that these Terms of Use were not translated into Bahasa Indonesian language. In the event the relevant Indonesian government authority or any other circumstances mandatorily requires the Company hereto to prepare the Bahasa Indonesian language version of these Terms of Use, the Company hereto agrees to prepare the Bahasa Indonesian language version of these Terms of Use within a commercially reasonable period of time. In the event of any inconsistency between these Terms of Use in English language and such Bahasa Indonesian language translation, the English language shall prevail and the relevant text in Bahasa Indonesian language shall be deemed to be amended to conform with and to make the relevant text in Bahasa Indonesian language consistent with the relevant English text. The Bahasa Indonesian language version of these Terms of Use, if prepared, will be deemed effective from the date on which this these Terms of Use (as applicable) becomes effective.
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