Official LIVESHIP Streaming Site Terms of Use | LIVESHIP Goods Sales Terms of Use.(Japanese only)
Official LIVESHIP Streaming Site Terms of Use
These Terms of Use stipulate the rights and obligations of Users and terms and restrictions of contracts regarding the Service that we provide via our website. In particular, these Terms of Use are governed by the law of Japan (see Article 16) and the Tokyo Summary Court or the Tokyo District Court has exclusive jurisdiction as the court of first instance in priority to all applicable principles of conflict of laws with respect to any dispute regarding these Terms of Use or the Service (see Article 16). Please note that your rights (including the right to a jury trial and the right to class action) under local law are restricted. Also, if the User is a minor, the consent of a person with parental authority or a guardian is required when that User applies for the Service (see Article 2, paragraph 5).
Before using the Official LIVESHIP Streaming Site (the “Service”) provided by Amuse Inc. (the “Company”), we ask that all users of the Service (“User” or “Users”), you must consent to the Official LIVESHIP Streaming Site Terms of Use (these “Terms of Use”) so please carefully read these Terms of Use.
Before using the Official LIVESHIP Streaming Site (the “Service”) provided by Amuse Inc. (the “Company”), we ask that all users of the Service (“User” or “Users”), you must consent to the Official LIVESHIP Streaming Site Terms of Use (these “Terms of Use”) so please carefully read these Terms of Use.
Article 1 These Terms of Use and Revisions to these Terms of Use
1. These Terms of Use apply to all cases where a User uses the Service and these Terms of Use will be treated as though the User has consented to them at the time he or she applied to use the Service regardless of the application method.
2. The Service constitutes a “standard transaction” prescribed in Article 548-2, paragraph (1) of the Civil Code of Japan and these Terms of Use constitute a “standard form contract” prescribed in that paragraph.
3. The Company might revise these Terms of Use without notice under the provisions of Article 548-4 of the Civil Code of Japan by making : (1) the fact that these Terms of Use are to be revised, (2) the contents of these Terms of Use after the revision, and (3) the timing of that revision taking effect known on the official website related to the Service operated by the Company (the “Website”) or by indicating that by another method determined by the Company (collectively, the “Website, Etc.”). However, if that revision will have a significant impact on the Users, the Company will give notice of that revision within a reasonable period in advance (if that revision will have a material adverse impact on the Users, at least three business days in advance, and “business days” refers to days, other than Saturdays, Sundays and holidays, on which banks in Japan generally conduct regular business).
2. The Service constitutes a “standard transaction” prescribed in Article 548-2, paragraph (1) of the Civil Code of Japan and these Terms of Use constitute a “standard form contract” prescribed in that paragraph.
3. The Company might revise these Terms of Use without notice under the provisions of Article 548-4 of the Civil Code of Japan by making : (1) the fact that these Terms of Use are to be revised, (2) the contents of these Terms of Use after the revision, and (3) the timing of that revision taking effect known on the official website related to the Service operated by the Company (the “Website”) or by indicating that by another method determined by the Company (collectively, the “Website, Etc.”). However, if that revision will have a significant impact on the Users, the Company will give notice of that revision within a reasonable period in advance (if that revision will have a material adverse impact on the Users, at least three business days in advance, and “business days” refers to days, other than Saturdays, Sundays and holidays, on which banks in Japan generally conduct regular business).
Article 2 Applications for Use of the Service and Approval of Those Applications
1. A User must consent to these Terms of Use and make an application for use under these Terms of Use to engage in the Service (including viewing streaming videos provided by the Service (the “Streaming Content”)).
2. A User must consent to the “A!-ID Service Terms of Use” established by the Company and carry out the procedures to register an “A!-ID” (free) operated by the Company in order to use the Service. 3. If the Company judges that any of the following items applies to a User, it will not approve use of the Service by that User or it will retain the right to revoke that approval even after it has given that approval:
(1) If the User makes an application for use with an error or omission or if the User otherwise makes an application by a method that is not a method prescribed by the Company and indicated on the Website;
(2) If the User makes an application for use of the Service for the purpose of transferring or reselling its right to use the Service (including the right to view the Streaming Content (the “Ticket”)) to a third party or it is believed that is likely;
(3) If it is judged that the User is a corporation or another organization;
(4) If the User belongs to an organized crime group, an enterprise or group related to an organized crime group, or another antisocial organization or if it is reasonably judged that the User is an organized crime group member or a person who has a close relationship with any such person;
(5) If the User is a person who is designated as being subject to economic sanctions by the Japanese government or a foreign government, a resident of a country or region that is designated as being subject to economic sanctions by the Japanese government or a foreign government, or it is reasonably judged that the User is a person who has a close relationship with an organized crime group, an enterprise or group related to an organized crime group, or another antisocial organization;
(6) If the applicant does not exist or it is suspected the applicant does not exist;
(7) If the Company has refused use by the User of a service operated by the Company in the past due to a violation by the User of rules established by the Company;
(8) If there is a false statement in the contents of the application; or
(9) If the Company judges that the application by the User is otherwise inappropriate.
4. The User may use all rights under these Terms of Use (including the Ticket) only for him or herself and may not transfer any of those rights to a third party for a fee or without charge or allow a third party to inherit those rights regardless of whether that is for a fee or without charge.
5. If the User is a minor, the consent of a custodian of his or her interests such as a person with parental authority or a guardian is required when that User applies for the Service, and it will be deemed that the consent of a custodian of the interests of that minor such as a person with parental authority or a guardian under the laws applicable to that User has been obtained at the time of that application. In that case, that application will be treated as though that custodian of the interests of the minor has approved the contents of these Terms of Use at the time of the application by the User.
2. A User must consent to the “A!-ID Service Terms of Use” established by the Company and carry out the procedures to register an “A!-ID” (free) operated by the Company in order to use the Service. 3. If the Company judges that any of the following items applies to a User, it will not approve use of the Service by that User or it will retain the right to revoke that approval even after it has given that approval:
(1) If the User makes an application for use with an error or omission or if the User otherwise makes an application by a method that is not a method prescribed by the Company and indicated on the Website;
(2) If the User makes an application for use of the Service for the purpose of transferring or reselling its right to use the Service (including the right to view the Streaming Content (the “Ticket”)) to a third party or it is believed that is likely;
(3) If it is judged that the User is a corporation or another organization;
(4) If the User belongs to an organized crime group, an enterprise or group related to an organized crime group, or another antisocial organization or if it is reasonably judged that the User is an organized crime group member or a person who has a close relationship with any such person;
(5) If the User is a person who is designated as being subject to economic sanctions by the Japanese government or a foreign government, a resident of a country or region that is designated as being subject to economic sanctions by the Japanese government or a foreign government, or it is reasonably judged that the User is a person who has a close relationship with an organized crime group, an enterprise or group related to an organized crime group, or another antisocial organization;
(6) If the applicant does not exist or it is suspected the applicant does not exist;
(7) If the Company has refused use by the User of a service operated by the Company in the past due to a violation by the User of rules established by the Company;
(8) If there is a false statement in the contents of the application; or
(9) If the Company judges that the application by the User is otherwise inappropriate.
4. The User may use all rights under these Terms of Use (including the Ticket) only for him or herself and may not transfer any of those rights to a third party for a fee or without charge or allow a third party to inherit those rights regardless of whether that is for a fee or without charge.
5. If the User is a minor, the consent of a custodian of his or her interests such as a person with parental authority or a guardian is required when that User applies for the Service, and it will be deemed that the consent of a custodian of the interests of that minor such as a person with parental authority or a guardian under the laws applicable to that User has been obtained at the time of that application. In that case, that application will be treated as though that custodian of the interests of the minor has approved the contents of these Terms of Use at the time of the application by the User.
Article 3 Use of the Service
1. A User must purchase a Ticket in order to view the Streaming Content that is provided by via the Service. There are restrictions on the application terms (which are displayed on the Website) depending on the type of Ticket, and there are cases where some Users may not purchase certain types of Tickets.
2. The Company streams the Streaming Content in connection with the Service after indicating in advance on the Website the time and date when the Streaming Content can be viewed, the streaming period, and the streaming method. A User must apply for the Service after checking in advance whether it is possible for him or her to view the Streaming Content. Further, unless otherwise provided by the Company on the Website, the Streaming Content cannot be viewed after the streaming period regardless of whether the User has viewed that or if the User was unable to view that for any reason.
3. The Service is only for the personal use of the Users, and a User may purchase one Ticket for one registered A!-ID account.
4. A User may not change or cancel the application contents or payment method after an application is complete unless the public performance that is the source of the Streaming Content has been cancelled due to a reason that is attributable to the Company or the Company otherwise makes an indication on the Website.
5. If there is a change to any information that was registered at the time of an application, the User must change that information with the prior approval of the Company by promptly carrying out prescribed procedures. The Company will not be liable in any way if a User misses an opportunity to receive the Service or is otherwise disadvantaged as a result of a failure to carry out procedures to change information.
6. A User may stop using the Service and withdraw from the Service at any time; provided, however, that if a User withdraws from the Service before streaming of the Streaming Content or before the end of the archive streaming period, that User will not be able to receive benefits or advantages based on or derived from the status of a User after his or her withdrawal, and these include:
(1) the User will not be able to view the Streaming Content even if that User has purchased a Ticket for the Streaming Content
(2) the User will not be able to receive refunds under Article 12
Notwithstanding the above, if the User has purchased a Ticket with goods, the Company will ship those goods even if the shipment date of those goods is after the date of withdrawal from the Service. Even if a User withdraws from the Service, that User will not lose his or her status as an A!-ID member until he or she completes the withdrawal procedures under the A!-ID Service Terms of Use.
7. If the User has purchased a Ticket with goods, the User must respond to the Company within two weeks when contacted by the Company (meaning contacting the User at the email address or other contact details registered by the User) about the shipment of those goods.
8. Each User is to use the Service at his or her own responsibility in accordance with these Terms of Use, and the Company will not be liable in any way with respect to any act conducted by a User in connection with the use of the Service and the outcome of that act.
9. None of the provisions of these Terms of Use (including, without limitation, paragraph 1 of this Article providing for the purchase of Tickets) guarantees or implies that the Company will not distribute itself or have a third party distribute the Streaming Content for free or for a price that is lower than the Usage Fees set out in these Terms of Use or restricts the right of the Company to do so.
2. The Company streams the Streaming Content in connection with the Service after indicating in advance on the Website the time and date when the Streaming Content can be viewed, the streaming period, and the streaming method. A User must apply for the Service after checking in advance whether it is possible for him or her to view the Streaming Content. Further, unless otherwise provided by the Company on the Website, the Streaming Content cannot be viewed after the streaming period regardless of whether the User has viewed that or if the User was unable to view that for any reason.
3. The Service is only for the personal use of the Users, and a User may purchase one Ticket for one registered A!-ID account.
4. A User may not change or cancel the application contents or payment method after an application is complete unless the public performance that is the source of the Streaming Content has been cancelled due to a reason that is attributable to the Company or the Company otherwise makes an indication on the Website.
5. If there is a change to any information that was registered at the time of an application, the User must change that information with the prior approval of the Company by promptly carrying out prescribed procedures. The Company will not be liable in any way if a User misses an opportunity to receive the Service or is otherwise disadvantaged as a result of a failure to carry out procedures to change information.
6. A User may stop using the Service and withdraw from the Service at any time; provided, however, that if a User withdraws from the Service before streaming of the Streaming Content or before the end of the archive streaming period, that User will not be able to receive benefits or advantages based on or derived from the status of a User after his or her withdrawal, and these include:
(1) the User will not be able to view the Streaming Content even if that User has purchased a Ticket for the Streaming Content
(2) the User will not be able to receive refunds under Article 12
Notwithstanding the above, if the User has purchased a Ticket with goods, the Company will ship those goods even if the shipment date of those goods is after the date of withdrawal from the Service. Even if a User withdraws from the Service, that User will not lose his or her status as an A!-ID member until he or she completes the withdrawal procedures under the A!-ID Service Terms of Use.
7. If the User has purchased a Ticket with goods, the User must respond to the Company within two weeks when contacted by the Company (meaning contacting the User at the email address or other contact details registered by the User) about the shipment of those goods.
8. Each User is to use the Service at his or her own responsibility in accordance with these Terms of Use, and the Company will not be liable in any way with respect to any act conducted by a User in connection with the use of the Service and the outcome of that act.
9. None of the provisions of these Terms of Use (including, without limitation, paragraph 1 of this Article providing for the purchase of Tickets) guarantees or implies that the Company will not distribute itself or have a third party distribute the Streaming Content for free or for a price that is lower than the Usage Fees set out in these Terms of Use or restricts the right of the Company to do so.
Article 4 Usage Fees for the Service and Payment of Those Fees
1. In order to view the Streaming Content when using the Service, each User must pay the Ticket fee specified by the Company, (in the event that shipping charges incur in respect of the goods) shipping charges specified by the Company, fees and charges that are indicated to the Users on the Website, Etc. by the Company, and an amount equivalent to the consumption tax thereon (the total of those amounts, the “Usage Fees”). Available payment methods of the Usage Fees shall be indicated on the Website.
2. Each User must bear all expenses, including communications charges, that separately arise in the course of using the Service.
3. Some of the payment methods of the Usage Fees indicated on the Website may not be available to Users depending on their location.
4. If a User is able to choose to pay the Usage Fees by credit card, that User will be subject to the provisions of a contract separately executed with a credit card company or clearing house selected by the User, and the Company will not be liable for any matters regarding such payment.
5. If a User is able to choose to pay the Usage Fees through a convenience store, it will be deemed that the User understands in advance that it will be necessary to register the name and telephone number of that User for convenience store payments separately from the use of the Service. The information that is registered for convenience store payments will be used only for those convenience store payments, and the Company will not use that information for the operation of the Service or the Website.
6. A payment method of the Usage Fees that can be chosen might be changed even during the period in which applications for the Ticket can be made. Please check the Website for any changes to payment methods.
2. Each User must bear all expenses, including communications charges, that separately arise in the course of using the Service.
3. Some of the payment methods of the Usage Fees indicated on the Website may not be available to Users depending on their location.
4. If a User is able to choose to pay the Usage Fees by credit card, that User will be subject to the provisions of a contract separately executed with a credit card company or clearing house selected by the User, and the Company will not be liable for any matters regarding such payment.
5. If a User is able to choose to pay the Usage Fees through a convenience store, it will be deemed that the User understands in advance that it will be necessary to register the name and telephone number of that User for convenience store payments separately from the use of the Service. The information that is registered for convenience store payments will be used only for those convenience store payments, and the Company will not use that information for the operation of the Service or the Website.
6. A payment method of the Usage Fees that can be chosen might be changed even during the period in which applications for the Ticket can be made. Please check the Website for any changes to payment methods.
Article 5 Operating Environment
1. A User might be required to prepare an operating environment (including regulatory requirements in the country or a region where the User is located) including communication equipment, software, and communications contracts (including, without limitation, a telephone usage contract and an Internet connection contract).
2. Each User must take measures to prevent computer viruses, unauthorized access, and information leaks and take other security measures corresponding to his or her operating environment and at his or her responsibility and expense.
3. The Company is not involved in the operating environment of the Users (including regulatory requirements in the country or a region where the User is located) and will not be liable in any way even if a User is unable to receive the Service, the transmission of information is delayed, or a User is otherwise inconvenienced because that User does not use or has not prepared an operating environment.
2. Each User must take measures to prevent computer viruses, unauthorized access, and information leaks and take other security measures corresponding to his or her operating environment and at his or her responsibility and expense.
3. The Company is not involved in the operating environment of the Users (including regulatory requirements in the country or a region where the User is located) and will not be liable in any way even if a User is unable to receive the Service, the transmission of information is delayed, or a User is otherwise inconvenienced because that User does not use or has not prepared an operating environment.
Article 6 Recommended Environment
1. Each User must check the guide on the Website for the recommended environment.
2. If a User uses the Service without the recommended environment, the Company cannot guarantee that that User’s environment will operate and the User will be able to view the Streaming Content and use all services provided by the Service in a smooth and secure manner. Further, if a User terminal ceases to have the recommended environment prescribed in these Terms of Use because the User changed the terminal model or made another change, that User might no longer be able to use the Service.
2. If a User uses the Service without the recommended environment, the Company cannot guarantee that that User’s environment will operate and the User will be able to view the Streaming Content and use all services provided by the Service in a smooth and secure manner. Further, if a User terminal ceases to have the recommended environment prescribed in these Terms of Use because the User changed the terminal model or made another change, that User might no longer be able to use the Service.
Article 7 Attribution of Rights
1. All writing, compositions, audio (including, without limitation, songs), images, portraits (including, without limitation, pictures and illustrations), and other data (including the Streaming Content) provided through the Service and all rights including copyrights, trademarks, likeness rights, and publicity rights related to the Website belong to the Company or a third party that holds those rights.
2. If the Company conducts a sales promotion or any other campaign for a similar purpose with respect to the Service and a User posts information (including, without limitation, writing and images) posted on the Website or a website that publishes the contents of public performances on SNS or another forum designated by the Company in line with that campaign, the Company may use, for free, that post or provide that post to a third party without the approval of the User who posted that information.
2. If the Company conducts a sales promotion or any other campaign for a similar purpose with respect to the Service and a User posts information (including, without limitation, writing and images) posted on the Website or a website that publishes the contents of public performances on SNS or another forum designated by the Company in line with that campaign, the Company may use, for free, that post or provide that post to a third party without the approval of the User who posted that information.
Article 8 Prohibited Acts
A User may not conduct any act set out in the following items or any act that is likely to constitute any of those acts when using the Service or after use of the Service is complete:
(1) Selling at an auction, reselling to a third party at a ticket shop or other location, transferring, lending, creating a pledge or other security interest over, or duplicating, reproducing, or redistributing without authorization a Ticket, any official goods produced in connection with the Service, or any other right based on the User’s status as a User regardless of whether that is for a fee or without charge;
(2) Allowing unspecified or many people to view the Streaming Content, regardless of whether that is for a fee or without charge and regardless of the means by which that is allowed;
(3) Allowing another person to view the Streaming Content for profit, regardless of whether that is for unspecified or many people;
(4) Using the Service by using a third party’s information as information that is necessary for use of the Service;
(5) Allowing information necessary for use of the Service to be disclosed or provided to another person or disclosing or providing that information to another person regardless of whether that is for a fee or without charge and regardless of the means by which that information is disclosed or provided;
(6) Deleting, altering, diverting, invalidating, obstructing, or avoiding any indication related to a copyright, trademark, or other right attached to the Streaming Content, digital rights management (DRM) of the Streaming Content, any means for the protection of contents, or any means for access control (including a geo-filtering mechanism);
(7) Copying, downloading, stream capturing, reproducing, duplicating, archiving, distributing, making publicly transmittable, uploading, disclosing, altering, modifying, translating, broadcasting, displaying, selling, transmitting, or retransmitting the Streaming Content or conducting an act that otherwise infringes any rights related to the Streaming Content;
(8) Embedding the Streaming Content (including a capture of the Streaming Content) in hardware or software or streaming or retransmitting the Streaming Content using that hardware or software, or conducting any act that makes it possible to use the Streaming Content with frames or inline links;
(9) Conducting an act to prepare, reproduce, distribute, or advertise an index with respect to an important part of the Streaming Content;
(10) Developing derivative works of the Streaming Content and materials (including, without limitation, montages, mashups and similar videos, wallpapers, desktop themes, greeting cards, and products) in reliance on, derived from, or based on the Streaming Content (including providing materials that are derivative works free of charge);
(11) Accessing the Company's network or server without authorization, conducting an act that puts an unreasonable or excessive burden on the Company's network or server, or conducting any similar act;
(12) Installing or executing a virus or other program or file in an information terminal, network device, or system managed by the Company or a third party that inhibits the proper operation of that information terminal, network device, or system, interferes with or controls the operation of that information terminal, network device, or system, or accesses, obtains, or damages data;
(13) Conducting any business using the Service;
(14) Conducting any act related to the use of the Service that is sexually, obscenely, violently, insultingly, or otherwise offensive towards another User, the Company, or a third party other than a User or that violates public policy;
(15) Conducting an act that infringes on or damages a copyright, trademark, other property right, likeness right, privacy, reputation, credibility, or other right of another User, a third party other than the Company or a User, or the Company; and
(16) Conducting any other act that the Company considers inappropriate and that is indicated on the Website.
(1) Selling at an auction, reselling to a third party at a ticket shop or other location, transferring, lending, creating a pledge or other security interest over, or duplicating, reproducing, or redistributing without authorization a Ticket, any official goods produced in connection with the Service, or any other right based on the User’s status as a User regardless of whether that is for a fee or without charge;
(2) Allowing unspecified or many people to view the Streaming Content, regardless of whether that is for a fee or without charge and regardless of the means by which that is allowed;
(3) Allowing another person to view the Streaming Content for profit, regardless of whether that is for unspecified or many people;
(4) Using the Service by using a third party’s information as information that is necessary for use of the Service;
(5) Allowing information necessary for use of the Service to be disclosed or provided to another person or disclosing or providing that information to another person regardless of whether that is for a fee or without charge and regardless of the means by which that information is disclosed or provided;
(6) Deleting, altering, diverting, invalidating, obstructing, or avoiding any indication related to a copyright, trademark, or other right attached to the Streaming Content, digital rights management (DRM) of the Streaming Content, any means for the protection of contents, or any means for access control (including a geo-filtering mechanism);
(7) Copying, downloading, stream capturing, reproducing, duplicating, archiving, distributing, making publicly transmittable, uploading, disclosing, altering, modifying, translating, broadcasting, displaying, selling, transmitting, or retransmitting the Streaming Content or conducting an act that otherwise infringes any rights related to the Streaming Content;
(8) Embedding the Streaming Content (including a capture of the Streaming Content) in hardware or software or streaming or retransmitting the Streaming Content using that hardware or software, or conducting any act that makes it possible to use the Streaming Content with frames or inline links;
(9) Conducting an act to prepare, reproduce, distribute, or advertise an index with respect to an important part of the Streaming Content;
(10) Developing derivative works of the Streaming Content and materials (including, without limitation, montages, mashups and similar videos, wallpapers, desktop themes, greeting cards, and products) in reliance on, derived from, or based on the Streaming Content (including providing materials that are derivative works free of charge);
(11) Accessing the Company's network or server without authorization, conducting an act that puts an unreasonable or excessive burden on the Company's network or server, or conducting any similar act;
(12) Installing or executing a virus or other program or file in an information terminal, network device, or system managed by the Company or a third party that inhibits the proper operation of that information terminal, network device, or system, interferes with or controls the operation of that information terminal, network device, or system, or accesses, obtains, or damages data;
(13) Conducting any business using the Service;
(14) Conducting any act related to the use of the Service that is sexually, obscenely, violently, insultingly, or otherwise offensive towards another User, the Company, or a third party other than a User or that violates public policy;
(15) Conducting an act that infringes on or damages a copyright, trademark, other property right, likeness right, privacy, reputation, credibility, or other right of another User, a third party other than the Company or a User, or the Company; and
(16) Conducting any other act that the Company considers inappropriate and that is indicated on the Website.
Article 9 Measures Against Violations of These Terms of Use
The Company has the right to terminate or restrict the use of the Service or access to the Streaming Content by a User at any time without giving prior notice and without owing any liability if that User conducts an act that is in violation of these Terms of Use or any other rules established by the Company or that the Company considers inappropriate. The Company reserves the right to refuse the registration of an A!-ID or use of the Service by the User.
Article 10 Temporary Suspension and Cancellation of the Service
1. The Company might temporarily discontinue or suspend the provision of the Services by giving prior notice to the Users on the Website or elsewhere due to system maintenance, an inspection, or a similar reason.
2. The Company might temporarily suspend or cancel the provision of the Service without notification if a system malfunction occurs or another unexpected situation arises due to a natural disaster, power failure, interference by a third party, or other similar event.
3. The Company might discontinue the Service based on the status of the operation of the Service or due to other unavoidable circumstances. In that case, the Company will notify the Users as in advance as possible on the Website, Etc.
2. The Company might temporarily suspend or cancel the provision of the Service without notification if a system malfunction occurs or another unexpected situation arises due to a natural disaster, power failure, interference by a third party, or other similar event.
3. The Company might discontinue the Service based on the status of the operation of the Service or due to other unavoidable circumstances. In that case, the Company will notify the Users as in advance as possible on the Website, Etc.
Article 11 Disclaimer
1. The Company hereby expressly makes the following disclaimers.
(i) The Company does not owe an obligation to refund any Usage Fees received as consideration for using the Service or viewing the Streaming Content even if the User was not able to use the Service or view the Streaming Content unless that is due to the willful misconduct or gross negligence of the Company.
(ii) The Company does not explicitly or implicitly represent or warrant that there is no factual or legal defect (including, without limitation, any defect, error, bug, or infringement of rights related to safety, reliability, accuracy, completeness, efficacy, fitness for a particular purpose, or security) in the Service or the Streaming Content.
(iii) The Company does not owe an obligation to repair a defect in (ii) above and provide to the Users the Service or the Streaming Content.
(iv) The Company might suspend streaming of the Streaming Content at its discretion without giving prior notice to the Users, and each User is treated to have acknowledged that in advance.
(v) The Company will not be liable with respect to any damage or loss incurred by a User due to the suspension of streaming under (iv) above unless that is due to the willful misconduct or gross negligence by the Company.
(vi) The Company will not be liable to any User with respect to any damage incurred by that User in connection with the use of the Service, damage suffered by that User due to unauthorized access by a third party to any equipment or system necessary for the provision of the Service, the temporary suspension or a restriction on use of the Service, or an amendment to these Terms of Use or cancellation of a contract, or damage suffered by that User due to a dispute between that User and a third party unless that is due to the willful misconduct or gross negligence of the Company.
2. If the Company owes damages to a User in connection with the Service, the scope of those damages will be limited to the scope of direct and ordinary damage actually incurred by that User, and the Company will not be liable for any lost earnings, special damage, collateral damage, indirect damage, or other expanded damage regardless of whether that was foreseeable by the Company, and the maximum amount of compensation for which the Company is liable will be the amount of the Usage Fees.
3. The Company will not be liable in any way if it is unable to provide the Service due to a power failure, war, natural disaster, terrorism, cyberterrorism, spread of an infectious disease, bug in a computer or network, or other event that is out of the control of the Company.
(ii) The Company does not explicitly or implicitly represent or warrant that there is no factual or legal defect (including, without limitation, any defect, error, bug, or infringement of rights related to safety, reliability, accuracy, completeness, efficacy, fitness for a particular purpose, or security) in the Service or the Streaming Content.
(iii) The Company does not owe an obligation to repair a defect in (ii) above and provide to the Users the Service or the Streaming Content.
(iv) The Company might suspend streaming of the Streaming Content at its discretion without giving prior notice to the Users, and each User is treated to have acknowledged that in advance.
(v) The Company will not be liable with respect to any damage or loss incurred by a User due to the suspension of streaming under (iv) above unless that is due to the willful misconduct or gross negligence by the Company.
(vi) The Company will not be liable to any User with respect to any damage incurred by that User in connection with the use of the Service, damage suffered by that User due to unauthorized access by a third party to any equipment or system necessary for the provision of the Service, the temporary suspension or a restriction on use of the Service, or an amendment to these Terms of Use or cancellation of a contract, or damage suffered by that User due to a dispute between that User and a third party unless that is due to the willful misconduct or gross negligence of the Company.
2. If the Company owes damages to a User in connection with the Service, the scope of those damages will be limited to the scope of direct and ordinary damage actually incurred by that User, and the Company will not be liable for any lost earnings, special damage, collateral damage, indirect damage, or other expanded damage regardless of whether that was foreseeable by the Company, and the maximum amount of compensation for which the Company is liable will be the amount of the Usage Fees.
3. The Company will not be liable in any way if it is unable to provide the Service due to a power failure, war, natural disaster, terrorism, cyberterrorism, spread of an infectious disease, bug in a computer or network, or other event that is out of the control of the Company.
Article 12 Refunds Due to the Cancellation of a Public Performance
1. If a User is unable to view all or some of the Streaming Content due to a change to the contents, postponement, or cancellation of a public performance pertaining to the Service, the Company will give notice on the Website, Etc. of whether it will pay a refund, the specific method of the refund, and other necessary matters, and if the Company is to pay a refund, it will refund all or some of the Usage Fees to that User.
2. In the case of the preceding paragraph, the User is treated as though he or she has acknowledged that (i) if the Company is unable to pay a refund by the initial deadline specified on the Website, Etc. because the User failed to carry out the prescribed refund procedures, the registered details entered by the User are incomplete or incorrect, or there is another issue, separate fees will arise for additional refund procedures and the User will bear those fees and (ii) if the User fails to carry out the prescribed refund procedures by the second deadline specified on the Website, Etc. for the purpose of the refund procedures, that User will not be entitled to any refund.
2. In the case of the preceding paragraph, the User is treated as though he or she has acknowledged that (i) if the Company is unable to pay a refund by the initial deadline specified on the Website, Etc. because the User failed to carry out the prescribed refund procedures, the registered details entered by the User are incomplete or incorrect, or there is another issue, separate fees will arise for additional refund procedures and the User will bear those fees and (ii) if the User fails to carry out the prescribed refund procedures by the second deadline specified on the Website, Etc. for the purpose of the refund procedures, that User will not be entitled to any refund.
Article 13 Damages
1. If the Company (including a group company) or a third party incurs damage in connection with the use of the Service due to an event that is attributable to a User, that User must provide compensation for that damage.
2. If a User receives a complaint or claim from another User or a third party in connection with the use of the Service or a dispute arises between a User and another User or a third party, that User must resolve that matter at his or her own responsibility and expense.
2. If a User receives a complaint or claim from another User or a third party in connection with the use of the Service or a dispute arises between a User and another User or a third party, that User must resolve that matter at his or her own responsibility and expense.
Article 14 Mutatis Mutandis Application of LIVESHIP Goods Sales Terms of Use
In the event a User purchases a Ticket with goods, the following provisions of LIVESHIP Goods Sales Terms of Use shall apply, mutatis mutandis, with the particular replacements and deletions that are described below:
(i) Article 7, paragraphs 1 through 12 shall apply mutatis mutandis; except that: (a) “when purchasing Goods” shall be replaced with “when purchasing a Ticket with goods”; and (b) in paragraph 7 of that Article, “the Company may cancel the sales contract for those Goods in accordance with Article 8.1(1) of these Terms of Use and” shall be replaced with “the Company shall not refund a part or all of Usage Fees of a Ticket with goods and may”;
(ii) Article 9, paragraphs 1 through 5 shall apply mutatis mutandis; except that: (a) in Article 9, paragraph 1, “after a sales contract has been concluded” shall be replaced with “after a purchase of a Ticket with goods”; (b) “cancel the sales contract” shall be replaced with “receive a refund for a part or all of Usage Fees of a Ticket with goods”; and (c) in the proviso in Article 9, paragraph 2, “cancel the sales contract and” shall be deleted;
(iii) the main text of Article 10 and items (2) through (10) in the same Article;
(iv) Article 13, paragraphs 1 and 2; and
(v) Article 16, paragraphs 1 through 3.
(i) Article 7, paragraphs 1 through 12 shall apply mutatis mutandis; except that: (a) “when purchasing Goods” shall be replaced with “when purchasing a Ticket with goods”; and (b) in paragraph 7 of that Article, “the Company may cancel the sales contract for those Goods in accordance with Article 8.1(1) of these Terms of Use and” shall be replaced with “the Company shall not refund a part or all of Usage Fees of a Ticket with goods and may”;
(ii) Article 9, paragraphs 1 through 5 shall apply mutatis mutandis; except that: (a) in Article 9, paragraph 1, “after a sales contract has been concluded” shall be replaced with “after a purchase of a Ticket with goods”; (b) “cancel the sales contract” shall be replaced with “receive a refund for a part or all of Usage Fees of a Ticket with goods”; and (c) in the proviso in Article 9, paragraph 2, “cancel the sales contract and” shall be deleted;
(iii) the main text of Article 10 and items (2) through (10) in the same Article;
(iv) Article 13, paragraphs 1 and 2; and
(v) Article 16, paragraphs 1 through 3.
Article 15 Personal Information
1. The Company might disclose personal information to a business partner, partner company, or subcontractor that has executed a confidentiality agreement with the Company for the purpose of executing the Service (including shipping operations, inquiries to settlement credit card companies, receiving applications for the use of the Service, and repayment operations).
2. Personal information registered by the User is managed by the Company in accordance with the Amuse Privacy Policy posted on the official website. The same applies even if the User is located outside of Japan.
2. Personal information registered by the User is managed by the Company in accordance with the Amuse Privacy Policy posted on the official website. The same applies even if the User is located outside of Japan.
Article 16 Resolution of Disputes
These Terms of Use and the use of the Service are governed by and construed in accordance with the laws of Japan. The parties agree that, depending on the amount of the case, the Tokyo Summary Court or the Tokyo District Court has exclusive jurisdiction as the court of first instance in priority to all applicable principles of conflict of laws with respect to any dispute regarding these Terms of Use or the Service.
Article 17 Language
An English translation of these Terms of Use has been prepared and the utmost care has been exercised to ensure that the English version is an accurate translation of the Japanese version, which is the original version, but the English translation is merely for reference purposes for the Users, and if there is any discrepancy between the Japanese version, which is the original version, and the English translation, the contents of the Japanese version will prevail.
Supplementary Provisions (Establishment)
These Terms of Use are established and enforced from November 18, 2020.
Supplementary Provisions (Revision)
These Terms of Use are revised and enforced from June 26, 2021.
These Terms of Use are established and enforced from November 18, 2020.
Supplementary Provisions (Revision)
These Terms of Use are revised and enforced from June 26, 2021.