Below are the terms and conditions for the Kyoto Global Design Awards (KGDA).
1. Preamble
In the following, KGDA refers to the Kyoto Design Awards contract and the services it offers. These general terms and conditions apply to all legal relationships between KGDA and the customer/user/contract partner (hereinafter referred to as "contract partner"), unless more specific provisions are made in individual types of contracts and the participation conditions contained therein.
If there are more specific provisions, they will take precedence over these general terms and conditions. The contract is only concluded between the respective KGDA companies and contract partners who are purchasing their services. A contract partner can be any natural person or legal entity that wishes to enter into a contract or other business relationship with KGDA or wants to utilize the services provided by KGDA.
2.Scope of application/Contractual partner responsibility
These general terms and conditions will apply exclusively between KGDA and the contractual partner. Any counter-confirmation by the contractual partner citing its own terms and conditions is explicitly denied. Any deviation from these terms and conditions is only effective if confirmed in writing by KGDA. Each contractual partner agrees that KGDA can use and publish images, information, and data provided as part of participation worldwide, permanently, and without restriction.
Receiving an award includes the publication of the winning work in all KGDA media. KGDA is not required to mention the name of the contributor or the author of the photograph. If the author still claims damages from KGDA, the winner will release and indemnify KGDA from such claims. Each contractual partner guarantees and represents that it has the rights to grant the use of the data provided by the contractual partner. Each contractual partner guarantees and represents that it has the rights to the images and information provided and that these do not infringe any third party rights. The contractual partner releases KGDA from any claims by third parties in this regard. The contractual partner is solely responsible for the content of the information and data provided.
3.Amendments to the terms and conditions
KGDA reserves the right to change these terms and conditions at any time without prior notice. The amended terms and conditions will be communicated to the contractual partner in writing or by email. If the contractual partner does not object to the validity of the amended terms and conditions within six weeks of receipt, the amended terms and conditions shall be deemed accepted.
4. Conclusion of contract/Participation/Withdrawal
The contract between KGDA and the contractual partner is concluded by the latter's registration for participation in the competition. KGDA is entitled to reject registration without stating any reasons. The contractual partner can withdraw from the contract at any time without giving any reason.
In this case, KGDA is entitled to a flat-rate compensation for the costs incurred. The amount of the flat-rate compensation is based on the current price list of KGDA. The right of withdrawal expires if the contractual partner has been informed that his work has been accepted for the competition.
5. Payment/Default on payment
The agreed fees are to be paid to KGDA in full before the deadline for submission of entries. If the contractual partner defaults on payment, KGDA is entitled to claim default interest in the amount of 9 percentage points above the base rate. KGDA reserves the right to assert further damages.
6.Liability
KGDA is only liable for damages caused by gross negligence or intent. This does not apply to damages resulting from injury to life, limb, or health. KGDA is not liable for damages caused by simple negligence, unless they result from the breach of an essential contractual obligation. Essential contractual obligations are those whose fulfillment is necessary for the proper execution of the contract and on which the contractual partner regularly relies and may rely. In the case of a breach of essential contractual obligations, liability is limited to foreseeable damages typical of the contract. The above limitations of liability also apply to the personal liability of KGDA's employees, representatives, and vicarious agents.
7. Data protection
KGDA processes the personal data of the contractual partner for the purpose of fulfilling the contract. The data protection provisions of KGDA apply.
8. Final provisions
This agreement applies to the events held by KGDA and is signed between KGDA and the participants. This agreement establishes the legal requirements related to the event according to its category, characteristics, geographical location and the identity of the participants. For trademarks or copyrights, the countries in which KDGA is registered or the jurisdiction claimed by KGDA will govern; legal issues arising from the event will be governed by the laws of the country in which it takes place; other matters will be governed by the terms and conditions specified in the documents prepared by the category or event, typically including trademark usage rights and event insurance, among others.
A provision that becomes invalid shall not affect the validity of the remainder of the contract, and it shall be replaced with a provision that achieves the same economic purpose, as well as addressing regulatory gaps.