Official LIVESHIP Streaming Site Terms of Use ｜ LIVESHIP Goods Sales Terms of Use.
LIVESHIP Goods Sales Terms of Use
These Terms of Use stipulate the rights and obligations of Users and terms and restrictions of contracts regarding the Service. In particular, these Terms of Use are governed by the law of Japan (see Article 17) 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 17). 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 3, paragraph 8).
These LIVESHIP Goods Sales Terms of Use (these “Terms of Use”) apply to people (“Users”) who use the products sales service (the “Service,” and the products that are sold based on the Service, regardless of whether they are tangible or intangible, the “Goods”) provided through the LIVESHIP streaming distribution service (“LIVESHIP”) operated by Amuse Inc. (the “Company”).
These LIVESHIP Goods Sales Terms of Use (these “Terms of Use”) apply to people (“Users”) who use the products sales service (the “Service,” and the products that are sold based on the Service, regardless of whether they are tangible or intangible, the “Goods”) provided through the LIVESHIP streaming distribution service (“LIVESHIP”) operated by Amuse Inc. (the “Company”).
Article 1 Scope of Application of these Terms of Use
1. Each User will be treated as though he or she has consented to these Terms of Use at the time he or she applied to use the Service. However, any use by a User of services provided on a website operated by another company that is linked to the website on which the Company operates LIVESHIP (the “LIVESHIP Site”) in the course of using the Service is subject to the provisions of the terms of use of that website and other standard terms and conditions of that other company rather than these Terms of Use.
2. These Terms of Use, the A!-ID Service Terms of Use, the Official LIVESHIP Streaming Site Terms of Use (the "LIVESHIP Terms of Use"), the Privacy Policy, rules for the use of each service, and other rules and regulations that are displayed by the Company on the LIVESHIP Site, as well as rules and regulations to be announced by the Company in the future, constitute part of these Terms of Use, and it will be deemed that each User has accepted those rules and regulations, etc.
2. These Terms of Use, the A!-ID Service Terms of Use, the Official LIVESHIP Streaming Site Terms of Use (the "LIVESHIP Terms of Use"), the Privacy Policy, rules for the use of each service, and other rules and regulations that are displayed by the Company on the LIVESHIP Site, as well as rules and regulations to be announced by the Company in the future, constitute part of these Terms of Use, and it will be deemed that each User has accepted those rules and regulations, etc.
Article 2 Amendments to these Terms of Use
1. 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. The Company may revise these Terms of Use without notice to the User 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 LIVESHIP Site or by another method considered appropriate by the Company.
2. If any revisions in the preceding paragraph will have a significant impact on the Users, the Company shall notify the Users within a reasonable period in advance. “Business days” refers to days other than Saturdays, Sundays and holidays, on which banks in Japan generally conduct regular business.
2. If any revisions in the preceding paragraph will have a significant impact on the Users, the Company shall notify the Users within a reasonable period in advance. “Business days” refers to days other than Saturdays, Sundays and holidays, on which banks in Japan generally conduct regular business.
Article 3 Use of the Service
1. A User may not use the Service unless he or she has been registered as a member based on the LIVESHIP Terms of Use in accordance with procedures prescribed by the Company. The LIVESHIP registration procedures are free of charge.
2. When using the Service, the User will be treated as having agreed in advance that he or she might not be able to use all or part of the Service because of restrictions due to the availability of tickets for viewing LIVESHIP, the location of the user, or other conditions.
3. If there is a change to any information that was registered at the time of the purchase of Goods, the User may change that information in accordance with prescribed procedures as long as that is during the period when the Company accepts changes in advance and as long as the Company has given prior approval for that change. The Company will not be liable in any way if a User does not receive a delivery of goods, misses an opportunity to receive the Service, or is otherwise disadvantaged as a result of a failure to carry out prescribed procedures.
4. When using the Service, each User must pay, in accordance with the conditions set out on the LIVESHIP Site, the Ticket fee and the purchase price of Goods specified by the Company, shipping charges specified by the Company, fees and charges (if payment of those is necessary), and an amount equivalent to consumption tax thereon (the total of those amounts, the “Usage Fees”). Further, each User must bear all expenses, including communications charges, that separately arise in the course of using the Service.
5. Each User must manage and use his or her A!-ID and password registered in accordance with the LIVESHIP Terms of Use at his or her own risk and expense. Use of the Service using a registered A!-ID and password will be treated as use of the Service by the member who has registered that A!-ID and password. The Company is not responsible for the management and use of A!-IDs and passwords by Users.
6. Each User must use the Service in accordance with these Terms of Use and any other rules and precautions stipulated by the Company and displayed on the LIVESHIP Site.
7. Each User is to use the Service at his or her own responsibility and expense in accordance with these Terms of Use and must not cause any damage or inconvenience to the Company with respect to any act conducted by a User in connection with the use of the Service and the outcome of that act.
8. 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 (“Person With Parental Authority”) is required when that User uses the Service, and it will be deemed that the consent of a Person With Parental Authority under the laws applicable to that User has been obtained at the time of the application for use by that User. In that case, the Person With Parental Authority will be deemed to have consented to the contents of these Terms of Use and the use of the Service at the time of the application for the Service.
9. The Company shall notify each User of necessary matters regarding the Service by displaying them on the LIVESHIP Site or by another method considered appropriate by the Company, and it will be deemed that the Company has notified the Users of necessary matters by that method.
10. If a User loses his or her membership status under the LIVESHIP Terms of Use, that User will no longer be able to use any of the services, including viewing the order history and delivery status of Goods displayed on the LIVESHIP Site based on the Service and making new purchases of Goods based on the Service; provided, however, that even if the date of delivery of Goods is after the date on which the User loses his or her status as a member, the Company shall deliver the Goods if the date of purchase of the Goods by the User is before the date on which that User lost his or her status as a member.
2. When using the Service, the User will be treated as having agreed in advance that he or she might not be able to use all or part of the Service because of restrictions due to the availability of tickets for viewing LIVESHIP, the location of the user, or other conditions.
3. If there is a change to any information that was registered at the time of the purchase of Goods, the User may change that information in accordance with prescribed procedures as long as that is during the period when the Company accepts changes in advance and as long as the Company has given prior approval for that change. The Company will not be liable in any way if a User does not receive a delivery of goods, misses an opportunity to receive the Service, or is otherwise disadvantaged as a result of a failure to carry out prescribed procedures.
4. When using the Service, each User must pay, in accordance with the conditions set out on the LIVESHIP Site, the Ticket fee and the purchase price of Goods specified by the Company, shipping charges specified by the Company, fees and charges (if payment of those is necessary), and an amount equivalent to consumption tax thereon (the total of those amounts, the “Usage Fees”). Further, each User must bear all expenses, including communications charges, that separately arise in the course of using the Service.
5. Each User must manage and use his or her A!-ID and password registered in accordance with the LIVESHIP Terms of Use at his or her own risk and expense. Use of the Service using a registered A!-ID and password will be treated as use of the Service by the member who has registered that A!-ID and password. The Company is not responsible for the management and use of A!-IDs and passwords by Users.
6. Each User must use the Service in accordance with these Terms of Use and any other rules and precautions stipulated by the Company and displayed on the LIVESHIP Site.
7. Each User is to use the Service at his or her own responsibility and expense in accordance with these Terms of Use and must not cause any damage or inconvenience to the Company with respect to any act conducted by a User in connection with the use of the Service and the outcome of that act.
8. 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 (“Person With Parental Authority”) is required when that User uses the Service, and it will be deemed that the consent of a Person With Parental Authority under the laws applicable to that User has been obtained at the time of the application for use by that User. In that case, the Person With Parental Authority will be deemed to have consented to the contents of these Terms of Use and the use of the Service at the time of the application for the Service.
9. The Company shall notify each User of necessary matters regarding the Service by displaying them on the LIVESHIP Site or by another method considered appropriate by the Company, and it will be deemed that the Company has notified the Users of necessary matters by that method.
10. If a User loses his or her membership status under the LIVESHIP Terms of Use, that User will no longer be able to use any of the services, including viewing the order history and delivery status of Goods displayed on the LIVESHIP Site based on the Service and making new purchases of Goods based on the Service; provided, however, that even if the date of delivery of Goods is after the date on which the User loses his or her status as a member, the Company shall deliver the Goods if the date of purchase of the Goods by the User is before the date on which that User lost his or her status as a member.
Article 4 Payment Method
1. When purchasing a product, the User may designate one of the payment methods displayed on the LIVESHIP Site including “credit card payment,” “convenience store payment,” or another payment method for the payment of Usage Fees by a method prescribed by the Company and that User must pay that fee in accordance with the designated payment method. Some of the payment methods of the Usage Fees indicated on the Website cannot be used by some Users depending on their place of location.
2. 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 designated by the User, and the Company will not be liable in any way for that payment.
3. If a User has designated credit card payment and the designated credit card company informs the Company that that User’s credit card is in default, the Company may request the User to make that payment by another payment method.
4. If a User is able to designate payment of the Usage Fees through a convenience store, it will be deemed that the User gives consent 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.
5. A User might be able to change his or her designated payment method in accordance with the procedures prescribed by the Company for a certain period when “Payment Pending” is displayed on the LIVESHIP Site.
6. The Company might add or change the payment methods set forth in the preceding paragraphs. In that case, the Company will notify the Users by displaying that addition or change on the LIVESHIP Site.
2. 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 designated by the User, and the Company will not be liable in any way for that payment.
3. If a User has designated credit card payment and the designated credit card company informs the Company that that User’s credit card is in default, the Company may request the User to make that payment by another payment method.
4. If a User is able to designate payment of the Usage Fees through a convenience store, it will be deemed that the User gives consent 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.
5. A User might be able to change his or her designated payment method in accordance with the procedures prescribed by the Company for a certain period when “Payment Pending” is displayed on the LIVESHIP Site.
6. The Company might add or change the payment methods set forth in the preceding paragraphs. In that case, the Company will notify the Users by displaying that addition or change on the LIVESHIP Site.
Article 5 Outline of the Points Service
1. A!-POINT is a points service provided by the Company or a third party affiliated with the Company (the “Points Service”). The Points Service can be used at “A!-POINT” participating sites (collectively, “Designated Sites”). Points awarded through the Points Service are referred to as “Points.”
2. The Service is subject to the Points Service. An outline of the Points Service and the provisions regarding the Points Service are in accordance with the A!-ID Service Terms of Use separately stipulated by the Company.
3. The Company will award Points when a User purchases Goods using a method specified by the Company based on the Service and in other cases considered appropriate by the Company. A User may use Points awarded under the Service at Designated Sites.
4. Purchases of Goods that are eligible to receive Points (“Eligible Transactions”), the rate of Points awarded, and other conditions will be displayed on the LIVESHIP Site.
5. Points will be awarded after a certain period has passed after an Eligible Transaction has been conducted. If a case arises such as where an Eligible Transaction is cancelled before Points are awarded, the Company will not award Points to the User for that Eligible Transaction. Further, if there is a change in the Usage Fees of an Eligible Transaction, the Company will award Points to the User according to the amount after that change.
6. A User may not transfer, lend, or bequeath his or her Points to another User or A!-ID member and may not share his or her Points with any such person. 7. Even if a User has more than one A!-ID membership registration, that User may not combine the Points he or she has in each A!-ID membership registration.
8. Users may not redeem their Points for cash in any case.
9. Even after the Company has awarded Points to a User, the Company may cancel the Points awarded to that User for an Eligible Transaction if that transaction is cancelled or if there is any other reason where the Company considers it appropriate to cancel the Points awarded to the User.
10. The Company may cancel all or some of the Points held by a User without prior notice to the User if any of the following events occurs.
(1) If the User has violated or is in violation of any rules, precautions, etc. (including but not limited to these Terms of Use) set forth by the Company with respect to the Service or any other service provided by the Company
(2) If it is found that the User has been or is in default, delay in performance, or other default of an obligation to pay Usage Fees in relation to the Service or any other service provided by the Company
(3) If the User has conducted any illegal or improper act
(4) In any other case where the Company deems that that cancellation is appropriate
11. If the User does not use the points after the validity period of the Points prescribed by the Company after those Points have been awarded by the Company has passed, those Points will automatically expire.
12. The Company will not provide compensation to any User for Points that have been cancelled or lost and the Company will not be liable in any way for those cancelled or lost Points.
13. Only the User him or herself may use the Points that have been granted to that User, and a third party other than that User may not use the Points.
14. If the A!-ID and password entered at the time of using Points match the registered combination, the Company will treat the use of those Points as the use of the Points by the User whose A!-ID and password are registered as the registered information. Even if Points are used by a third party without authorization, the Company will not be obligated to return the Points that have been used and will not be liable for any damage incurred by the User who was granted those Points.
15. Even if a User loses his or her status as a member under the LIVESHIP Terms of Use, if the User does not lose his or her status as an A!-ID member under theA!-ID Terms of Use, that User will not lose any rights or eligibility related to the Points Service based on the use of the Service, including Points held and acquired by the User.
16. The Company might make changes to the Points Service (including, but not limited to, discontinuation of the Points Service, suspension of awarding of Points, changes to or discontinuation of Designated Sites or Eligible Transactions, or changes to the rate of Points awarded or method of use of Points) without giving prior notice to the Users, and the Users will be treated as having given prior approval to any such change.
17. The Company will not be liable for any disadvantage or damage incurred by a User due to a change in the preceding paragraph.
2. The Service is subject to the Points Service. An outline of the Points Service and the provisions regarding the Points Service are in accordance with the A!-ID Service Terms of Use separately stipulated by the Company.
3. The Company will award Points when a User purchases Goods using a method specified by the Company based on the Service and in other cases considered appropriate by the Company. A User may use Points awarded under the Service at Designated Sites.
4. Purchases of Goods that are eligible to receive Points (“Eligible Transactions”), the rate of Points awarded, and other conditions will be displayed on the LIVESHIP Site.
5. Points will be awarded after a certain period has passed after an Eligible Transaction has been conducted. If a case arises such as where an Eligible Transaction is cancelled before Points are awarded, the Company will not award Points to the User for that Eligible Transaction. Further, if there is a change in the Usage Fees of an Eligible Transaction, the Company will award Points to the User according to the amount after that change.
6. A User may not transfer, lend, or bequeath his or her Points to another User or A!-ID member and may not share his or her Points with any such person. 7. Even if a User has more than one A!-ID membership registration, that User may not combine the Points he or she has in each A!-ID membership registration.
8. Users may not redeem their Points for cash in any case.
9. Even after the Company has awarded Points to a User, the Company may cancel the Points awarded to that User for an Eligible Transaction if that transaction is cancelled or if there is any other reason where the Company considers it appropriate to cancel the Points awarded to the User.
10. The Company may cancel all or some of the Points held by a User without prior notice to the User if any of the following events occurs.
(1) If the User has violated or is in violation of any rules, precautions, etc. (including but not limited to these Terms of Use) set forth by the Company with respect to the Service or any other service provided by the Company
(2) If it is found that the User has been or is in default, delay in performance, or other default of an obligation to pay Usage Fees in relation to the Service or any other service provided by the Company
(3) If the User has conducted any illegal or improper act
(4) In any other case where the Company deems that that cancellation is appropriate
11. If the User does not use the points after the validity period of the Points prescribed by the Company after those Points have been awarded by the Company has passed, those Points will automatically expire.
12. The Company will not provide compensation to any User for Points that have been cancelled or lost and the Company will not be liable in any way for those cancelled or lost Points.
13. Only the User him or herself may use the Points that have been granted to that User, and a third party other than that User may not use the Points.
14. If the A!-ID and password entered at the time of using Points match the registered combination, the Company will treat the use of those Points as the use of the Points by the User whose A!-ID and password are registered as the registered information. Even if Points are used by a third party without authorization, the Company will not be obligated to return the Points that have been used and will not be liable for any damage incurred by the User who was granted those Points.
15. Even if a User loses his or her status as a member under the LIVESHIP Terms of Use, if the User does not lose his or her status as an A!-ID member under theA!-ID Terms of Use, that User will not lose any rights or eligibility related to the Points Service based on the use of the Service, including Points held and acquired by the User.
16. The Company might make changes to the Points Service (including, but not limited to, discontinuation of the Points Service, suspension of awarding of Points, changes to or discontinuation of Designated Sites or Eligible Transactions, or changes to the rate of Points awarded or method of use of Points) without giving prior notice to the Users, and the Users will be treated as having given prior approval to any such change.
17. The Company will not be liable for any disadvantage or damage incurred by a User due to a change in the preceding paragraph.
Article 6 Formation of Sales Contracts
1. A sales contract based on the Service will be concluded when the Company receives order information for Goods from a User through the LIVESHIP Site and the word “purchased” is displayed on the LIVESHIP Site.
2. If the order information sent by a User does not reach the Company due to a system failure or any other reason beyond the control of the Company, that order will not be effective as an offer for a sales contract and the Company will not be liable for any damage or disadvantage incurred by the User as a result of that failure.
3. If the User is a minor, it will be deemed that the User has obtained the consent of a Person With Parental Authority for the formation of a sales contract based on this Service.
2. If the order information sent by a User does not reach the Company due to a system failure or any other reason beyond the control of the Company, that order will not be effective as an offer for a sales contract and the Company will not be liable for any damage or disadvantage incurred by the User as a result of that failure.
3. If the User is a minor, it will be deemed that the User has obtained the consent of a Person With Parental Authority for the formation of a sales contract based on this Service.
Article 7 Delivery of Goods
1. When purchasing Goods, the User must specify the address or location registered as the delivery address of the Goods, an e-mail address, and any other delivery location and delivery method in accordance with the method prescribed by the Company. The Company shall deliver the Goods to the designated delivery address by a courier service or other delivery method by a delivery company designated by the Company. Please note that the delivery address for some Goods that can be purchased based on the Service might be limited to Japan.
2. The User shall bear the shipping charges and customs duties (if customs duties are incurred when the goods are delivered outside Japan) incurred when the Company delivers the Goods to the User. The Company will indicate the shipping charges for the delivery of the Goods to the User on the LIVESHIP Site.
3. The Company will notify the User by e-mail when it has started the delivery of the Goods.
4. If the User pays the Usage Fees at a convenience store, the Company will start the delivery of the Goods after confirming the payment of the Usage Fees.
5. If the User pays the Usage Fees by credit card, the Company will start delivery of the Goods after receiving notification of approval from the credit card company.
6. If the delivery company specified in paragraph 1 of this Article sends the Goods to the designated delivery address, but the goods are not received because the delivery address is unknown or because the storage period specified by the delivery company has passed, it will be deemed that the Company has provided performance of the obligation to deliver the Goods based on the sales contract and the Company will not be liable for any default on an obligation owed to a User. In that case, it will be sufficient for the Company to keep custody of the Goods with the same duty of care as for its own property, and the User shall bear any increase in costs associated with the Company keeping custody of the Goods.
7. In the case of the preceding paragraph, if the Goods are not received by the User within a reasonable period despite a notice from the Company, the Company may cancel the sales contract for those Goods in accordance with Article 8.1(1) of these Terms of Use and demand compensation from the User for damage incurred by the Company.
8. If the Goods are not delivered due to the absence of the User on the date of delivery or for a similar reason, the User shall make the necessary arrangements to receive the Goods in person.
9. Except in the case specified in the following paragraph, the Company will start delivery of the Goods within 10 days after the payment of the Usage Fees has been confirmed.
10. The Company might not be able to start the delivery of Goods within 10 days after the confirmation of payment of the Usage Fees due to any of the following reasons, and it will be deemed that the User has agreed to that in advance.
(1) If the Goods are temporarily out of stock
(2) If the registered details at the time of the order is incomplete (including an omission of required information, incorrect information, or excessive or insufficient charges)
(3) In the event of a force majeure, including a power failure, war, natural disaster, terrorism, spread of an infectious disease, or circumstances at the location where the product is to be delivered, or other circumstances beyond the control of the Company
(4) If delivery is delayed due to circumstances that are attributable to the delivery company
(5) If delivery is to start during consecutive holidays such as the year-end and new-year holidays and Golden Week
11. Ownership of the Goods will transfer from the Company to the User upon receipt of the Goods by the User; provided, however, that in the case of payment by credit card, the User will be subject to the conditions separately executed with the credit card company.
12. The Company will not be liable for any damage or disadvantage incurred by the User due to a delay in the delivery of Goods to the User.
2. The User shall bear the shipping charges and customs duties (if customs duties are incurred when the goods are delivered outside Japan) incurred when the Company delivers the Goods to the User. The Company will indicate the shipping charges for the delivery of the Goods to the User on the LIVESHIP Site.
3. The Company will notify the User by e-mail when it has started the delivery of the Goods.
4. If the User pays the Usage Fees at a convenience store, the Company will start the delivery of the Goods after confirming the payment of the Usage Fees.
5. If the User pays the Usage Fees by credit card, the Company will start delivery of the Goods after receiving notification of approval from the credit card company.
6. If the delivery company specified in paragraph 1 of this Article sends the Goods to the designated delivery address, but the goods are not received because the delivery address is unknown or because the storage period specified by the delivery company has passed, it will be deemed that the Company has provided performance of the obligation to deliver the Goods based on the sales contract and the Company will not be liable for any default on an obligation owed to a User. In that case, it will be sufficient for the Company to keep custody of the Goods with the same duty of care as for its own property, and the User shall bear any increase in costs associated with the Company keeping custody of the Goods.
7. In the case of the preceding paragraph, if the Goods are not received by the User within a reasonable period despite a notice from the Company, the Company may cancel the sales contract for those Goods in accordance with Article 8.1(1) of these Terms of Use and demand compensation from the User for damage incurred by the Company.
8. If the Goods are not delivered due to the absence of the User on the date of delivery or for a similar reason, the User shall make the necessary arrangements to receive the Goods in person.
9. Except in the case specified in the following paragraph, the Company will start delivery of the Goods within 10 days after the payment of the Usage Fees has been confirmed.
10. The Company might not be able to start the delivery of Goods within 10 days after the confirmation of payment of the Usage Fees due to any of the following reasons, and it will be deemed that the User has agreed to that in advance.
(1) If the Goods are temporarily out of stock
(2) If the registered details at the time of the order is incomplete (including an omission of required information, incorrect information, or excessive or insufficient charges)
(3) In the event of a force majeure, including a power failure, war, natural disaster, terrorism, spread of an infectious disease, or circumstances at the location where the product is to be delivered, or other circumstances beyond the control of the Company
(4) If delivery is delayed due to circumstances that are attributable to the delivery company
(5) If delivery is to start during consecutive holidays such as the year-end and new-year holidays and Golden Week
11. Ownership of the Goods will transfer from the Company to the User upon receipt of the Goods by the User; provided, however, that in the case of payment by credit card, the User will be subject to the conditions separately executed with the credit card company.
12. The Company will not be liable for any damage or disadvantage incurred by the User due to a delay in the delivery of Goods to the User.
Article 8 Cancellation of a Contract by the Company
1. If any of the following events occurs after the conclusion of a sales contract, the Company may cancel that sales contract by giving separate notice to the User who placed the order.
(1) If the Company is unable to deliver the Goods within the period prescribed by the Company because the delivery address is unknown or the User is absent
(2) If it is found that there is a false fact in the registered information
(3) If the credit card company’s approval is not obtained when the User has specified credit card payment
(4) If the User is contacted by the Company (meaning contacting the User at the email address or other contact details registered by the User) regarding the purchase conditions of the Goods (including payment of the Usage Fees and delivery of the Goods), and the Company does not receive a required response from the User within two weeks
(5) If it becomes impossible to deliver the Goods due to reasons beyond the control of the Company such as the manufacturer or supplier discontinuing production of the Goods
(6) If it is found that that User has committed an act that is in violation of these Terms of Use
2. Notwithstanding the provisions of the preceding paragraph, if the User commits a wrongful act such as violating these Terms of Use or any other terms, rules, or precautions stipulated by the Company in relation to the use of the Service, the Company may cancel the sales contract with that User.
(1) If the Company is unable to deliver the Goods within the period prescribed by the Company because the delivery address is unknown or the User is absent
(2) If it is found that there is a false fact in the registered information
(3) If the credit card company’s approval is not obtained when the User has specified credit card payment
(4) If the User is contacted by the Company (meaning contacting the User at the email address or other contact details registered by the User) regarding the purchase conditions of the Goods (including payment of the Usage Fees and delivery of the Goods), and the Company does not receive a required response from the User within two weeks
(5) If it becomes impossible to deliver the Goods due to reasons beyond the control of the Company such as the manufacturer or supplier discontinuing production of the Goods
(6) If it is found that that User has committed an act that is in violation of these Terms of Use
2. Notwithstanding the provisions of the preceding paragraph, if the User commits a wrongful act such as violating these Terms of Use or any other terms, rules, or precautions stipulated by the Company in relation to the use of the Service, the Company may cancel the sales contract with that User.
Article 9 Cancellation of a Contract by a User and Exchange of Goods
1. After a sales contract has been concluded, the User may not change the Goods to other Goods, change the specifications, or cancel the sales contract for his or her own reason; provided, however, that this does not apply to the cases specified in the following paragraph.
2. After receiving the Goods, the User shall check the Goods for damage, deterioration, or defects without delay, and if any of the Goods are found to be damaged, deteriorated, or defective, the User shall contact the Company within 14 days after receiving the Goods. If it is found that the Goods are damaged, have deteriorated, or are defective due to a reason that is attributable to the Company, the Company shall replace the Goods with new Goods free of charge. In that case, if there is stock available for exchange, the User may not cancel the sales contract and may only exchange the Goods; provided, however, that if the Company is unable to deliver new exchangeable Goods because they are out of stock or due to another unavoidable reason, the Company will cancel the sales contract and refund the User in exchange for delivery of the Goods based on the delivery location and delivery method specified by the Company. The Company shall bear the costs for the delivery of the Goods under this paragraph excluding communications charges.
3. If the Company uses a delivery company to exchange Goods in accordance with the preceding paragraph, it will be deemed that the User has agreed in advance that the Company might, at its discretion, deliver and exchange new Goods or the Company might deliver and exchange new Goods to the User after the User has returned the Goods based on the delivery location and delivery method specified by the Company.
4. Notwithstanding the provisions of paragraph 2 of this Article, the Company will not accept exchanges or returns if the Goods are damaged or soiled for reasons attributable to the User, the User has used the Goods, or the User has violated the preceding paragraph.
5. If a Product sold under the Service is damaged, deteriorated, or defective, the User will have no rights other than the right to receive a replacement or refund as set forth in Paragraph 2 (including the right to request a replacement, the right to request a reduction in the price, and the right to cancel the sales contract).
2. After receiving the Goods, the User shall check the Goods for damage, deterioration, or defects without delay, and if any of the Goods are found to be damaged, deteriorated, or defective, the User shall contact the Company within 14 days after receiving the Goods. If it is found that the Goods are damaged, have deteriorated, or are defective due to a reason that is attributable to the Company, the Company shall replace the Goods with new Goods free of charge. In that case, if there is stock available for exchange, the User may not cancel the sales contract and may only exchange the Goods; provided, however, that if the Company is unable to deliver new exchangeable Goods because they are out of stock or due to another unavoidable reason, the Company will cancel the sales contract and refund the User in exchange for delivery of the Goods based on the delivery location and delivery method specified by the Company. The Company shall bear the costs for the delivery of the Goods under this paragraph excluding communications charges.
3. If the Company uses a delivery company to exchange Goods in accordance with the preceding paragraph, it will be deemed that the User has agreed in advance that the Company might, at its discretion, deliver and exchange new Goods or the Company might deliver and exchange new Goods to the User after the User has returned the Goods based on the delivery location and delivery method specified by the Company.
4. Notwithstanding the provisions of paragraph 2 of this Article, the Company will not accept exchanges or returns if the Goods are damaged or soiled for reasons attributable to the User, the User has used the Goods, or the User has violated the preceding paragraph.
5. If a Product sold under the Service is damaged, deteriorated, or defective, the User will have no rights other than the right to receive a replacement or refund as set forth in Paragraph 2 (including the right to request a replacement, the right to request a reduction in the price, and the right to cancel the sales contract).
Article 10 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 sold by the Company (not limited to tickets to view LIVESHIP), 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 use the Service, 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 use the Service for profit, regardless of whether that is for unspecified or many people;
(4) Using the Service by using information registered by a third party 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 LIVESHIP (including the LIVESHIP Site, hereinafter the same in this Article) and the Goods, digital rights management (DRM) related to LIVESHIP and the Goods, 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 LIVESHIP or any Goods or conducting an act that otherwise infringes any rights related to LIVESHIP or any Goods;
(8) Embedding LIVESHIP or any Goods (including a capture of LIVESHIP or any Goods) in hardware or software or streaming or retransmitting contents distributed on LIVESHIP and Goods using that hardware or software, or conducting any act that makes it possible to use those contents or Goods with frames or inline links;
(9) Conducting an act to prepare, reproduce, distribute, or advertise an index with respect to an important part of LIVESHIP or any Goods;
(10) Developing derivative works of LIVESHIP or any Goods 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 LIVESHIP or any Goods (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;
(16) Conducting any other act that is or is likely to be in violation of these Terms of Use, the A!-ID Service Terms of Use, the LIVESHIP Terms of Use, or any other rules or precautions stipulated by the Company; and
(17) Conducting any other act that the Company considers inappropriate.
(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 sold by the Company (not limited to tickets to view LIVESHIP), 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 use the Service, 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 use the Service for profit, regardless of whether that is for unspecified or many people;
(4) Using the Service by using information registered by a third party 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 LIVESHIP (including the LIVESHIP Site, hereinafter the same in this Article) and the Goods, digital rights management (DRM) related to LIVESHIP and the Goods, 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 LIVESHIP or any Goods or conducting an act that otherwise infringes any rights related to LIVESHIP or any Goods;
(8) Embedding LIVESHIP or any Goods (including a capture of LIVESHIP or any Goods) in hardware or software or streaming or retransmitting contents distributed on LIVESHIP and Goods using that hardware or software, or conducting any act that makes it possible to use those contents or Goods with frames or inline links;
(9) Conducting an act to prepare, reproduce, distribute, or advertise an index with respect to an important part of LIVESHIP or any Goods;
(10) Developing derivative works of LIVESHIP or any Goods 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 LIVESHIP or any Goods (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;
(16) Conducting any other act that is or is likely to be in violation of these Terms of Use, the A!-ID Service Terms of Use, the LIVESHIP Terms of Use, or any other rules or precautions stipulated by the Company; and
(17) Conducting any other act that the Company considers inappropriate.
Article 11 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 contents distributed on LIVESHIP or Goods 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 a User.
Article 12 Temporary Suspension and Cancellation of the Service
1. The Company might temporarily discontinue or suspend the provision of the Service by giving prior notice to the Users on the LIVESHIP Site or by another method considered appropriate by the Company 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 LIVESHIP Site or by another method considered appropriate by the Company.
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 LIVESHIP Site or by another method considered appropriate by the Company.
Article 13 Attribution of Rights
1. All writing, compositions, audio (including, without limitation, songs), images, portraits (including, without limitation, pictures and illustrations), and other data related to the Service and the Goods provided through LIVESHIP and all rights including copyrights, trademarks, likeness rights, and publicity rights related to LIVESHIP and the LIVESHIP Site 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 LIVESHIP Site or a website that publishes the contents of public performances or Goods provided through LIVESHIP 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 LIVESHIP Site or a website that publishes the contents of public performances or Goods provided through LIVESHIP 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 14 Handling of 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 delivering Goods, inquiries to settlement credit card companies, receiving applications for the use of the Service, and refund operations).
2. Personal information registered by the User is managed by the Company in accordance with the 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 Privacy Policy posted on the official website. The same applies even if the User is located outside of Japan.
Article 15 Damages
1. If the Company (including a group company of the 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 16 Disclaimer
1. The Company makes the following disclaimers.
(1) The Company does not owe an obligation to refund any Usage Fees received as consideration for using the Service or for the Goods even if the User was not able to use the Service or receive delivery of the Goods unless that is due to the willful misconduct or gross negligence of the Company.
(2) 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 Goods.
(3) The Company does not owe an obligation to repair a defect in (2) above and provide to the Users the Service.
(4) The Company might suspend provision of the Service at its discretion without giving prior notice to the Users, and each User is treated to have agreed that in advance.
(5) The Company will not be liable with respect to any damage or loss incurred by a User due to the suspension of provision of Services under (4) above unless that is due to the willful misconduct or gross negligence by the Company.
(6) 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.
(1) The Company does not owe an obligation to refund any Usage Fees received as consideration for using the Service or for the Goods even if the User was not able to use the Service or receive delivery of the Goods unless that is due to the willful misconduct or gross negligence of the Company.
(2) 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 Goods.
(3) The Company does not owe an obligation to repair a defect in (2) above and provide to the Users the Service.
(4) The Company might suspend provision of the Service at its discretion without giving prior notice to the Users, and each User is treated to have agreed that in advance.
(5) The Company will not be liable with respect to any damage or loss incurred by a User due to the suspension of provision of Services under (4) above unless that is due to the willful misconduct or gross negligence by the Company.
(6) 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 17 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 18 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 on April 9, 2021.
Supplementary Provisions (Revision): These Terms of Use are revised and enforced on June 26, 2021.
Supplementary Provisions (Revision): These Terms of Use are revised and enforced on June 26, 2021.