These English versions of Zaiko's various terms of service are merely a translation of the Japanese versions.
If there are any inconsistencies between these English versions and the Japanese versions, the Japanese versions will govern
.


ZAIKO Terms of Service
These terms of service (“Terms of Service”) establish the terms of use of the “ZAIKO” services (“Service”) provided by ZAIKO K.K. (“we”, “us”, “our” and “ours”), which apply to every Customer (defined in Article 1(3)) that uses the Service.


Article 1 (Definitions)
The following terms are defined as follows in these Terms of Service:

(1) Media
A corporation or an individual that uses his, her or its own website or other tools to notify Customers that he, she or it is selling Event Tickets (defined in item (5) of this paragraph) and the like that are configured by an Organizer (defined in item (2) of this paragraph) and are presented on the Service, and that has completed registration under Article 4.

(2) Organizer
A corporation or an individual that uses the Service to configure Tickets and the like, presents them on the Service and sells them to Customers.

(3) Customer
A person that purchases Tickets sold by an Organizer using the Service or that uses other services that we provide.

(4) Intellectual Property Rights
Copyrights (including the rights provided for in Article 27 and Article 28 of the Copyright Act of Japan), patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights (including the right to acquire those rights and the right to apply for registration of those rights), ideas, know-how, and the like.

(5) Event Tickets
Physical or digital tickets sold by an Organizer through the Service, which grant the right to enter an event operated by the Organizer or a third party (collectively, along with the Streaming Tickets defined in item (6), “Tickets”).

(6) Streaming Tickets
Physical or digital tickets sold by an Organizer through the Service, which grant the right to view a stream provided by the Organizer.

(7) STICKITS
Digital stickers sold by an Organizer through the Service, which Customers can purchase while viewing a stream. Customers’ use of STICKITS is subject to the STICKITS Terms of Service (Customer) in addition to these Terms of Service.

Article 2 (Consent to these Terms of Service)
Customers shall use the Service in accordance with these Terms of Service and shall not use the Service without agreeing to these Terms of Service.

Article 3 (Revision and Amendment of these Terms of Service)
We may amend or add to these Terms of Service, at our discretion, at any time. We shall provide notification regarding any amendments to these Terms of Service by posting them to our website (https://zaiko.io or any new domains or addresses to which we may change our website to for any reason) or by another method, unless other circumstances exist that we may set forth separately. Any amendments to these Terms of Service will take effect as of the time we specify.

Article 4 (Registration Procedures)

  1. Those who wish to use the Service as a Customer (“Applicant”) shall agree to comply with these Terms of Service and apply to register to use the Service by providing information to us in the manner that we specify. We shall review the applications of Applicants based on criteria that we set forth and we shall notify Applicants when their application is accepted.
  2. In the case provided for in the preceding paragraph, we may request that Applicants provide documents that become necessary to review their application. In such case, Applicants shall submit such documents promptly. If Applicants do not submit such documents, we may deny their application.
  3. Registration will be completed as of the time we provide Applicants notice that their registration is approved pursuant to Article 4(1). At that time, a service agreement regarding the use of the Service (“Service Agreement”) shall be formed between Customers and us, and Customers shall obtain the rights and privileges of a registered user.
  4. Applicants shall provide true and accurate information when providing their registration information. We shall in no way be liable for any damages that Customers may incur due to any provided information being false, incorrect, or incomplete.
  5. Customers shall notify us without delay of any changes to their registered information by a method we specify separately. If any notice that we issue to a Customer is not delivered because a Customer did not notify us of changes to their information, we will deem that such notice has been delivered.

Article 5 (Refusal of Registration)
We may refuse an Applicant’s registration or re-registration in any of the following cases and we are in no way obligated to reveal the reason for such refusal:

(1) if an Applicant is a minor, an adult ward, a person under curatorship, or a person under assistance and such Applicant has not obtained the consent of his or her statutory agent, guardian, curator, or assistant;
(2) if the information the Applicant provides is false, incorrect, or incomplete;
(3) if we determine that an Applicant’s account has been deleted previously or that an Applicant was or is suspended from using the Service by us as a penalty;
(4) if we determine that an Applicant is an organized crime group (boryokudan), a member of an organized crime group, a right-wing extremist group, an antisocial force, or a similar person (“Antisocial Force”), or that an Applicant provide funds to or otherwise collaborate or participate in the maintenance, operation or management of an Antisocial Force, or otherwise have any relationship with or involvement in an Antisocial Force; or
(5) if we otherwise determine that an Applicant’s registration is not appropriate.

Article 6 (Account Management)

  1. If a Service Agreement is formed between a Customer and us, we will issue the Customer an account with which to use the Service.
  2. Customers are responsible for managing and maintaining their own accounts, and shall not allow a third party to use their account or lend, assign, rename, sell, or otherwise dispose of their account to a third party. We will deem that any use of the Service through the account we have issued to a Customer has been carried out by that Customer as the registered user of that account, even if the account was used by a third party other than that Customer.
  3. Customers shall be responsible for any damages caused by inadequate management of their account or the use of their account by a third party, and we are in no way liable for such damages.
  4. If Customers determine that their account has been stolen or is being used by a third party, Customers shall notify us immediately and follow our instructions.

Article 7 (Use of the Service by Minors)

  1. Customers that are minors (meaning a person whose legal capacity is limited due to their age under applicable laws, including foreign laws; the same applies hereinafter) require the consent of their parent, caregiver, or other statutory agent for user registration and all purchases of Tickets, purchases of STICKITS, and payments made through the Service. When minors complete registration, we will deem that they have received the consent of their parent, caregiver, or other statutory agent for the use of the Service and the content of these Terms of Service whenever they complete user registration or pay for Tickets or STICKITS through the Service.
  2. When customers who are minors misrepresent that they have obtained the consent of their parent, caregiver, or other statutory agent to purchase or pay for Tickets or STICKITS through the Service, or otherwise fraudulently cause us to believe that they have legal capacity, they cannot revoke that purchase or payment or any other juridical act.
  3. If Customers were minors at the time of their agreement to these Terms of Service but become an adult when using the Services, they will be deemed to have ratified all legal acts with respect to the Service.

Article 8 (Use of External Services, etc.)

  1. If Customers have an account on an external service (including but not limited to Facebook and Twitter), they may be able to use that external account information to register for and log in to the Service. In such case, such Customers hereby consent to our obtaining their registered information, including personal information, from such external service.
  2. In addition to Article 8(1), if Customers use functions from external services when using the Service, they must comply with the terms of use of that external service in addition to these Terms of Service.
  3. The third party that provides the external service that Customers use shall be liable for such external service, and we offer no warranty with respect to any external service.

Article 9 (Compliance Matters for Use of Service)

  1. Customers shall comply with these Terms of Service and any other terms of service that are associated with the Service when using the Service to purchase or pay for Tickets or STICKITS.
  2. When purchasing Tickets or STICKITS, Customers shall carefully read and understand the event information provided by the Organizer or Media and shall have sole responsibility over purchasing any Tickets and STICKITS.

Article 10 (Liability for Ticket Sales)

  1. Agreements for the purchase and sale of Tickets shall be entered into by and between the Organizer and the Customer and we shall not be a party to such agreements.
  2. Agreements for the purchase and sale of Tickets shall be formed when we confirm that a Customer has paid the Ticket price to us and when the Customer’s purchase of the Tickets is displayed on the purchase history of his or her account.
  3. Customers shall be responsible for resolving and paying for any disputes or other problems (including but not limited to problems in connection with the event information displayed) that arise between a Customer and an Organizer, a Customer and a Media, or a Customer and any other third party in connection with the purchase of Tickets. We are in no way liable for such disputes or problems.
  4. If we are required to pay any costs (including but not limited to settlement payments and attorneys’ fees) to resolve a dispute or problem in connection with the purchase of Tickets under Article 10(3), Customers shall be required to reimburse us for any amount of such costs that we specify. Customers shall bear all fees associated with payment of such costs.

Article 11 (Payment Agent Services)

  1. If Customers purchase Tickets using the Services through Media, we are authorized by the Organizer to accept payment of the price of those Tickets (“Product Price”) from Customers on the Organizer’s behalf. Customers shall pay the Product Price by the method that we designate, and shall not pay the Product Price directly to the Organizer under any name or by any method.
  2. We shall pay out the Product Price upon deducting a system fee that is separately specified by us, by bank transfer into the account designated by the Organizer, by a date that is separately specified by us. The portion of such systems fee that is payable to Media shall be indicated in the “Payment Information” section of Media’s profile on the Service by a date separately specified by us.

Article 12 (Event Cancellation)

  1. If we or Organizer decide to provide a refund for a cancelled event and the like (including if an event is cancelled due to force majeure or a server outage), we will refund the Product Price upon deducting any transfer fees. Transaction fees for certain payment methods and system fees are not refundable.
  2. The Organizer shall determine the timing and amount of any refund. If the Organizer decides to provide a refund, we will provide such refund as early as the last day of the month after the month in which the event was scheduled to take place.

Article 13 (Sale of Streaming Tickets)

  1. If an Organizer uses the Service to stream its own content (including live performances), Customers may purchase Streaming Tickets for such streams.
  2. We only provide to the Organizer a platform for the streaming of content and the sale of Streaming Tickets. The Organizer shall be fully liable for any content, advertising, and promotions on such streams, and we shall in no way be held liable for such content, advertising, or promotions.
  3. When streaming is completed and if the Streaming Tickets are not sold out, the streamed content shall be saved and made available on the Service for a separately specified period after the stream ends, and Customers may be able to purchase Tickets and view that content.
  4. After the period provided for in Article 13(3), the streamed content will be deleted from the Service and become unavailable for viewing.

Article 14 (Intellectual Property Rights, etc.)

  1. All Intellectual Property Rights with respect to the Service are attributable to us or a third party that lawfully licenses such rights to us. By entering into a Service Agreement, Customers shall only acquire the right to use the Service, and shall not receive any assignments of such Intellectual Property Rights or be granted a license with respect to such Intellectual Property Rights.
  2. We shall be able to freely use information relating to: Customers’ age; the number, frequency, and country in which Tickets and STICKITS have been purchased; the attributes of Customers as a purchaser of Tickets and STICKITS; anonymized data with personal information deleted; statistical data; and any other information that we obtain through Customers’ use of the Service free of charge and without any restrictions.
  3. We shall handle the personal information that Customers provide when using the Service in accordance with laws and regulations as well as our Privacy Policy that we have separately set forth.

Article 15 (Prohibited Acts)
Customers represent and warrant that they shall not commit any of the following acts when using the Service (including incitement of or preparing to engage in such acts):

(1) any act of violating the laws and regulations of Japan or the applicable laws and regulations of any other country or region;
(2) any act of directly paying the Product Price or other payments that can be considered as the substantial equivalent of the Product Price to an Organizer or Media without using our systems or procedures;
(3) any act of using the Service to display any of the following information on the Service:

  • information that tarnishes or infringes the reputation, credibility, or other rights and interests of ours, another Customer, an Organizer, Media, or another third party;
  • information that contains excessively violent or cruel expressions;
  • information that contains a computer virus or other harmful computer programs;
  • information that contains obscene expressions;
  • information that contains expressions promoting discrimination;
  • information intended to be dispersed as junk mail, spam mail, chain mail and the like to third parties;
  • information that contains unlawful solicitation, advertising and the like;
  • information that contains expressions that make others uncomfortable;
  • information or acts that solicit another person to enter into a sexual, romantic or any other type of relationship;
  • information that breaches laws and regulations, guidelines or other legal regulations; or
  • any information that is similar to any of the foregoing.

(4) any act of uploading computer programs and the like intended to damage or impair the functions of software, hardware and the like that is to be used by a third party;
(5) any act of damaging or impairing the functions of our servers or networks;
(6) any act of impairing the Service, any advertisements that we may stream or any services or advertisements provided through our website;
(7) any act of collecting or accumulating third-party personal information, activity records, attribute data or the like without the authorization of such third party;
(8) any act of using the Service or information obtained through the Service for a purpose contrary to the purpose for which it was provided;
(9) any act of using a third party’s login information to use the Service;
(10) any act of obtaining the login information of a third party through any means or the act of disclosing or providing login information to a third party;
(11) any act of providing any benefits to an Antisocial Force, directly or indirectly, in connection with the Service;
(12) any act of violating the guidelines established by us; and
(13) any other act similar to any of the foregoing that we determine to be inappropriate.

Article 16 (Effect of Breach of these Terms of Service)

  1. If a Customer falls under any of the following circumstances or if we determine that a Customer is likely to fall under any such circumstances, we may suspend or delete such Customer’s account, temporarily suspend or limit such Customer’s use of the Service, terminate the Service Agreement, ban such Customer from using the Service in the future, or take other actions (“Account Action”) at our discretion, without any notice, irrespective of the severity of the circumstances or the extent to which such circumstances are attributable to us:

(1) if Customers commit or are likely to commit an action prohibited under Article 15;
(2) if Customers breach any provision of these Terms of Service, or are notified that they have breached these Terms of Service;
(3) if Customers infringe or are likely to infringe any rights or interests related to the reputation, credibility, or other rights as well as any Intellectual Property Rights, portrait rights, privacy rights, or other rights of ours an Organizer, Media, or another third party;
(4) if a problem arises between a Customer and another Customer, Media, us, or an Organizer in connection with such Customer’s use of the Service, and such Customer is found to be at fault;
(5) if all or part of the information that Customers provide to us is found to be false;
(6) if Customers suspend payments or become insolvent, or become subject to a petition to commence bankruptcy proceedings or similar proceedings;
(7) if Customers fail to respond to an inquiry or other communication from us that requires a response for 30 days or more;
(8) if Customers are an Antisocial Force or provide funds to or otherwise collaborate or participate in the maintenance, operation or management of an Antisocial Force, or otherwise have any relationship with or involvement with an Antisocial Force; or
(9) if any other event similar to any of the foregoing arises.

  1. Even upon being subject to an Account Action, Customers shall not be released from performing any of their duties and obligations to us and third parties under the Service Agreement.
  2. We shall not be held liable for any damages that Customers may incur in any manner whatsoever due to an action that we take under this Article 16.

Article 17 (Force Majeure)
We shall not be held liable for any delayed or incomplete performance of our obligations under these Terms of Service or when the performance of our obligations under these Terms of Service become impossible due to:

(1) natural disasters, fires or explosions;
(2) infectious diseases;
(3) wars or insurrections;
(4) revolutions or secessions;
(5) orders or dispositions by public authorities;
(6) riots;
(7) labor strikes or lock-outs;
(8) malfunctions of machinery or equipment used for the operation of the Service (including external servers and systems), telecommunications malfunctions, system maintenance or other maintenance, or electrical blackouts; or
(9) any other event similar to any of the foregoing.

Article 18 (Damages)

  1. If Customers incur any damages in connection with their use of the Service due to a reason attributable to us, we shall only be held liable for direct and ordinary damages that Customers actually incur, and the amount of damages we shall be held liable for shall be limited to the amount of Customers’ most recent purchase of Event Tickets before incurring the damage.
  2. Notwithstanding the provisions of Article 18(1), if the Consumer Contract Act of Japan applies to the relationship between a Customer and us, the scope and limitation of any damages provided for in Article 18(1) only applies if our actions are deemed to be slight negligence. If Customers incur damages due to our willful misconduct or gross negligence, we will compensate such Customer for any damages that were reasonably caused by our willful misconduct or gross negligence.

Article 19 (Confidentiality)

  1. Customers shall treat any non-public information that we disclose to them in connection with the Service and that we specify as confidential information (“Confidential Information”) as strictly confidential, and shall not disclose Confidential Information to any third party without our prior written consent.
  2. Customers shall return to us or destroy any Confidential Information or document or other recording media that contains Confidential Information, and all copies thereof, without delay, as instructed by us, at any time that we request it.

Article 20 (Exclusion of Antisocial Forces)

  1. We represent and warrant to Customers, and Customers represent and warrant to us, the following matters.

(1) Each party as well as any of our or Customers’ officers (refers to directors, executive officers, executives, statutory auditors, and other similar persons) is not an organized crime group, a member of an organized crime group, an associate member of an organized crime group, a company affiliated with an organized crime group, a shareholder meeting extortionist, a corporate extortionist acting under the guise of social or political activity, a group with special expertise connected to organized crime, or a similar group or person (collectively, “Antisocial Forces") or a person with a socially reprehensible relationship with Antisocial Forces.
(2) Each party does not have a relationship in which it is considered to unjustly use Antisocial Forces for the purpose of obtaining benefits for itself or a third party or causing damages to a third party, provide funds or benefits to Antisocial Forces, or otherwise cooperate or collaborate in the maintenance or operation of Antisocial Forces.
(3) Each party does not allow Antisocial Forces to use its name in order to enter into a Service Agreement.
(4) Each party will not, ourselves, themselves or through a third party, commit threatening or violent behavior against the other party, spread rumors or use fraudulent means or intimidation to interfere with the other party’s business, commit any act that damages the credibility of the other party, make unjust demands in excess of the other party’s legal obligations, or commit other similar acts.

  1. Either party may terminate the Service Agreement without any notice or demand to cure any breach of the Service Agreement if the other party breaches the representations and warranties provided for in Article 20(1).
  2. If either party terminates all or part of the Service Agreement under Article 20(2), the terminating party shall not be obligated to compensate the breaching party for any damages that it incurred due to such termination. The breaching party shall compensate the terminating party for any damages incurred due to such termination.

Article 21 (No Warranties and Indemnification)

  1. We offer no warranty whatsoever regarding fitness for any particular purpose, economic value, accuracy, usefulness, completeness, legality, conformity with internal rules and the like of organizations that are applicable to Customers, absence of security flaws, errors, bugs, defects or non-infringement of third-party rights in connection with Customers’ use of the Service.
  2. We do not guarantee that the Service is compatible with all devices and all versions of operating systems of devices. Customers acknowledge in advance that there is a possibility that the Service may malfunction due to an operating system update on their device. If such a malfunction occurs, we do not guarantee that we will resolve such malfunction by modifying programs or any other means.
  3. Customers acknowledge in advance that there is a possibility that the Service may malfunction due to a change in the specifications of third-party services that connect to the Service or software and the like used by Customers or an Organizer. If such a malfunction occurs, we do not guarantee that we will resolve such malfunction by modifying programs or any other means.
  4. Customers shall be responsible for obtaining and paying for the software, appliances, computers, internet connection, and other devices and equipment necessary to use the Service. We are in no way responsible if Customers’ use of the Service is affected due to a malfunction or defect in such devices or equipment.

Article 22 (Alteration, Suspension, or Termination of the Service)

  1. We may modify or add to all or part of the content of the Service without notifying Customers in advance.
  2. We may terminate the Service at our sole discretion by giving Customers prior notice through the Service, our website, or any other method that we determine to be appropriate. However, we may not notify Customers if the Service is terminated in an emergency.
  3. We may temporarily suspend all or part of the Service without notifying Customers in advance, if:

(1) we conduct scheduled or emergency maintenance or repairs of the communications equipment and the like used for the Service (including external servers and systems; the same applies hereinafter);
(2) the communications equipment used for the Service experiences excessive load due to high traffic or other unforeseen circumstances;
(3) we need to ensure the security of Customers or a third party;
(4) a telecommunications carrier stops providing services to us;
(5) it becomes difficult to provide the Service due to force majeure, such as a natural disaster and the like, or another event provided for in Article 17;
(6) it becomes difficult to provide the Service due to a fire, power failure, some other unexpected accident, a war, conflict, insurrection, riot, labor dispute, or the like;
(7) it becomes impossible to provide the Service due to laws and regulations or measures taken based on laws and regulations; or
(8) we decide that it is necessary to suspend the Service due to another event similar to any of the foregoing items.

  1. We shall in no way be held liable for any damages that Customsers may incur due to an action that we take under this Article 22.

Article 23 (Assignment of Rights and Obligations)

  1. Customers may not assign, transfer, collateralize or otherwise dispose of their rights, obligations, and status under the Service Agreement to a third party without our prior written consent.
  2. If we transfer the business that provides the Service to a third party, or if we transfer the entirety of the business in connection with the Service to another entity through a merger in which we are the non-surviving company, or a corporate split or the like in which we are the company that is splitting off, we may transfer our status, rights, obligations registered information, other customer data and other information related to the Customer under the Service Agreement to the assignee or successor when we transfer our business. Customers hereby consent in advance to us being able to engage in such transfers.

Article 24 (Severability)
If any provision or any part of these Terms of Service is found to be invalid or unenforceable under the Consumer Contract Act or any other laws or regulations and the like, the remaining provisions and parts not found to be invalid or unenforceable shall continue to remain in full effect.

Article 25 (Governing Law; Jurisdiction)
These Terms of Service are governed by the laws of Japan, and the Tokyo District Court or the Tokyo Summary Court has exclusive jurisdiction as the court of first instance over all disputes arising from or in connection with these Terms of Service, depending on the amount in dispute and the type of proceeding.

Article 26 (Language)
The original language of these Terms of Service is Japanese. If there is any discrepancy between the Japanese version and any translation of these Terms of Service into another language, the Japanese version shall prevail.

Article 27 (Survival)
The provisions of Article 4(4), Article 6(3), Article 8(3), Article 10, Article 13(2), Article 14, Article 16(2), Article 16(3), Article 17, Article 18, Article 19, Article 20(3), Article 21, Article 22(4), Article 24, Article 25, Article 26, this Article 27, and any other provision that by its nature may reasonably be construed to survive the termination of the Service Agreement will remain in effect after the termination of the Service Agreement.

[Updated August 11, 2021]

 

ZAIKO Terms of Service (Organizer)
These ZAIKO Terms of Service (Organizer) (“Organizer Terms of Service”) establish the terms of use of the “ZAIKO” services (“Services”) provided by ZAIKO K.K. (“we”, “us”, “our” and “ours”), which apply to every Organizer (as defined in Article 1(2)) that have completed their registration to our Services pursuant to these Organizer Terms of Service. These Organizer Terms of Service set forth the terms and conditions of the agreement between us and Organizers (“Service Agreement”).

Article 1 (Definitions)
The following terms are defined as follows in these Organizer Terms of Service:

(1) Event Tickets
Tickets (whether they are physical or digital) sold by an Organizer through the Services, which grant the right to enter an event operated by the Organizer, itself, or through a third party (collectively, along with the Streaming Tickets defined in item (6), “Tickets”).

(2) Organizer
A person (whether a corporate entity or an individual) that completes his, her or its registration for the Services pursuant to Article 4 and uses the Services to compose Tickets and displays such Tickets on the Services to be sold to Customers.

(3) Media
A person (whether a corporate entity or an individual) that uses its own website or other tools to advertise Tickets that are composed by an Organizer and displayed on the Service to be sold to Customers.

(4) Customer
A person that purchases Tickets sold by an Organizer through the Service, or that uses other services that we provide.

(5) Intellectual Property Rights
Copyrights (including the rights provided for in Article 27 and Article 28 of the Copyright Act of Japan), patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights (including the right to acquire those rights and the right to apply for registration of those rights), ideas, know-how, and the like.

(6) Streaming Tickets
Tickets (whether they are physical or digital) that are sold by an Organizer through the Service, which grant the right to view a video stream provided by the Organizer.

(7) STICKITS
Digital stickers sold by an Organizer through the Service, which Customers can purchase while viewing a video stream.

Article 2 (Consent to these Terms of Service)
Organizers shall use the Services in accordance with these Organizer Terms of Service, and shall not use the Services unless they agree to these Organizer Terms of Service.   

Article 3 (Revision and Amendment of these Organizer Terms of Service)

  1. We may amend or add to these Organizer Terms of Service, at our sole discretion, at any time. We shall provide notice of any amendments to these Organizer Terms of Service by posting on our website (at https://zaiko.io or any new domains or addresses to which we may change our website to for any reason) or by another method, unless other circumstances exist that we set forth separately. The amended Terms of Service will take effect as of the time we specify.
  2. Organizers shall use the Services upon confirming the latest version of these Organizer Terms of Service from time to time.

Article 4 (Registration Procedures)

  1. Those who wish to use the Services as an Organizer (“Applicant”) shall agree to comply with these Organizer Terms of Service and may apply to register to use the Services by providing information to us in the manner that we specify. We shall review the applications of Applicants based on criteria that we set forth and we shall notify Applicants when their application is accepted.
  2. In the case provided for in the preceding paragraph, we may request that Applicants provide documents that become necessary to review their application. In such case, Applicants shall submit such documents promptly. If Applicants do not submit such documents, we may deny their application.

Article 5 (Account Management)

  1. If a Service Agreement is formed between an Organizer and us, we will issue such Organizer an account with which to use the Service.
  2. Organizers are responsible for managing and maintaining their own accounts, and shall not allow a third party to use their account or lend, assign, rename, sell, or otherwise dispose of their account to a third party. We will deem that any use of the Service through the account we have issued to an Organizer has been carried out by that Organizer as the registered user of that account, even if the account was used by a third party other than that Organizer.
  3. Organizers shall be responsible for any damages caused by inadequate management of their account or the use of their account by a third party, and we are in no way liable for such damages.
  4. If Organizers determine that their account has been stolen or is being used by a third party, Organizers shall notify us immediately and follow our instructions.

Article 6 (Use of External Services, etc.)

  1. If Organizers have an account on an external service (including but not limited to Facebook and Twitter), they may be able to use that external account information to register for and log in to the Service. In such case, such Organizers hereby consent to us obtaining their registered information, including personal information, from such external service.
  2. In addition to Article 6(1), if Organizers use functions from external services functions when using the Service, they must comply with the terms of use of that external service in addition to these Organizer Terms of Service.
  3. The third party that provides the external service that Organizers use shall be liable for such external service, and we offer no warranty with respect to any external service.

Article 7 (Content of the Service; Compliance)

  1. A Service Agreement that includes the content of these Organizer Terms of Service shall be formed between Organizers and us when Organizers complete registration under Article 4.
  2. Organizers shall comply with these Terms of Service and any additional terms that we specify when using the Service to compose Tickets or STICKITS.
  3. When composing Tickets or STICKITS, Organizers shall comply with the following matters.

(1) Organizers shall accurately display information regarding the event or stream that Customers should be aware of (including but not limited to the date, time, location and any other necessary information about the event) as well as any other necessary information.
(2) If there are any errors or changes to any information relating to events or video streams, Organizers shall promptly correct or revise any errors in the information regarding such event or video stream. Even if we enter information on the behalf of Organizers upon their request, Organizers shall be responsible for the final confirmation of such information. If any errors are discovered, Organizers shall be responsible for correcting such errors. We shall not be liable in any manner whatsoever for any errors in the information that we enter on an Organizer’s behalf.
(3) Organizers shall not infringe any Intellectual Property Rights of third parties.
(4) Organizers shall comply with any information that they posted in advance for holding the event (including the start and end times). In the case where there are any changes such as a delay to the start of the event, Organizers shall be responsible for notifying Customers of such changes. If problems and the like arise in the Services due to reasons such as an excessive number of users gathering to an event as a result of an Organizer’s alteration of or failure to adhere to their event information (including the start and end times), we shall not be held liable in any manner whatsoever and such Organizer shall compensate us for any damages that we may incur.
(5) Organizers shall not post any other information that we determine to be inappropriate.

Article 8 (Liability for Ticket Sales)

  1. Agreements for the purchase and sale of Tickets or STICKITS shall be entered into by and between the Organizer and the Customer, and we shall not be a party to such agreements.
  2. Agreements for the purchase and sale of Tickets or STICKITS is formed between Organizers and Customers when we confirm that a Customer has paid us for the Tickets or STICKITS and when the Customer’s purchase of the Tickets or STICKITS is displayed on the purchase history of the Customer’s account.
  3. Organizers shall be responsible for resolving and paying for any disputes or other problems (including but not limited to problems in connection with the event information displayed and unauthorized use and the like of personal information, images, videos, text, audio or other information by Media) that arise between an Organizer and a Customer, an Organizer and Media, or an Organizer and any other third party in connection with the purchase of Tickets or STICKITS. We are in no way liable for such disputes or problems.
  4. If we are required to pay any costs (including but not limited to settlement payments and attorneys’ fees) to resolve a dispute or problem in connection with the purchase of Tickets or STICKITS under Article 8(3), Organizers shall be required to reimburse us for any amount of such costs that we specify. Organizers shall bear all fees associated with payment of such costs.

Article 9 (Media)

  1. Organizers may choose whether to allow Media to publish Tickets through the administration page within the Service. Even if Organizers allow for the foregoing, each Media shall have the right to determine whether to publish Tickets or not and we offer no guarantee in any manner whatsoever that Media will publish such Tickets.
  2. At the point in time at which Media notifies an Organizer that it will publish Tickets, an advertising service agreement shall be entered into by and between such Organizer and such Media. Such Organizers shall pay to such Media a commission as consideration for the advertising services at the rate specified on the administration page within the Service (“Media Commission”).

Article 10 (Payment Agent Services)

  1. Organizers authorize us to accept payment of the price of Tickets and STICKITS that they compose (“Product Price”) on their behalf. Based on such authorization, we shall receive payment of the Product Price from Customers and Media on behalf of Organizers. Organizers shall not receive the Product Price directly from Customers or Media under any name or by any method.
  2. We shall pay out the Product Price, upon deducting a system fee that is separately specified by us as well as any Media Commission, by bank transfer into an account designated by Organizer (bank account or PayPal account), by the date specified below. If the payment date specified below is a bank holiday, we shall pay by the preceding day. Please understand that early payment is not possible.

(1) ZAIKO Premium (formerly ZAIKO Encore) events: the last day of the month after the month during which the Encore period (or archive period) ends
(2) Non-ZAIKO Premium (formerly ZAIKO Encore) events: the last day of the month after the month in which ticket sales end

  1. We may refund a Customer’s purchase of Tickets or STICKITS as we determine to be necessary at our sole discretion. If we refund a Customer’s purchase of Tickets or STICKITS for any reason, we shall deduct the amount of the refund and any administrative fees related to the refund from the Product Price.
  2. If a Customer pays for Tickets or STICKITS by credit card but there is a chargeback (refers to where a credit card company cancels the approval for a payment due to unauthorized use of the card or other reasons), we may return to the credit card company the amount credited by the credit card company, at our sole discretion, without any notice to the Organizer. If a chargeback occurs before the Organizer receives the Product Price, we shall deduct the amount of the chargeback and any chargeback fees (if any) from the total Product Price. If the chargeback occurs after the Organizer receives the Product Price, the Organizer shall pay to us the amount of the chargeback and any chargeback fees (if any) by a date that we specify.

Article 11 (Event Cancellation)
The attached Cancellation Policy sets forth the terms for when events are suspended or cancelled.

Article 12 (Sale of Streaming Tickets)

  1. Organizers may use the Service to stream content that the Organizer, itself, provides (including live performances) and may sell Streaming Tickets to Customers.
  2. We only provide Organizers with a platform for streaming and the sale of Streaming Tickets. Organizers shall be held liable for all matters related to any streamed content and any advertising or promotions of any streams. We shall not be held liable for the foregoing in any manner whatsoever.
  3. When streaming is completed and if the Streaming Tickets are not sold out, the streamed content shall be saved and made available on the Service until 23:59 on the third day after the date on which the stream ends (or another period separately agreed upon between us and the Organizer). If Organizers wish to save that video for longer than the above period, the Organizer may extend the period for which it is saved by paying us a fee to be set forth separately.
  4. After the period provided for in Article 12(3), the streamed content shall be deleted from the Service.
  5. Guidelines for content to be streamed.

Prohibited content

  • Content that infringes the copyright or other rights (e.g., trademark rights, privacy rights) of third parties (including the act of using movies, music, television, and other materials that are owned by a third party without their permission or the act of infringing the privacy of a third party)
  • Sexual content, the sex industry, or pornography
  • Hate speech, bullying, defamation, libel, and discriminatory speech
  • Content that promotes terrorism or insurgency
  • Content that exploits minors
  • Violent acts, extreme violence, or real violence
  • Content that explains how to make explosives, detonators, or home-made or makeshift firearms
  • Content that depicts or promotes animal cruelty
  • False or misleading claims regarding the safety of vaccines
  • Content claiming that a major tragedy is a hoax
  • Content that depicts or promotes self-harm, eating disorders, or drug abuse
  • Content with the potential to induce physical harm or property damage
  • Content that threatens the safety of users or the public
  • Content that promotes or supports harming others
  • Content that otherwise breaches laws and ordinances or public order and morals

Guidelines for Conduct
Prohibited conduct:

  • Use of names, images and videos that make users uncomfortable (e.g., profanity, nude images)
  • Adopting an offensive attitude or behavior or impersonating another person or group
  • Harassment or stalking
  • Harming or abusing minors
  • Hate speech and discriminatory speech
  • Spamming
  • Misuse of personal information
  • Unauthorized use of another person’s account
  • Engaging in, instigating, or promoting unlawful acts
  • Inciting others to commit any of the above acts

Technical guidelines
Prohibited conduct:

  • Scripting, reutilization, creation of derivative works of the Service; decompilation, reverse-engineering, alteration, archiving, and disassembly of the Service; and acts that circumvent security protection, filtering, rate limiting, and digital copyrights management of the Service
  • Sending or incorporating a malicious computer program, script, or code
  • Sending an unreasonable number of requests to the server
  • Other acts intended to manipulate, impede, or interfere with the Service

Article 13 (Intellectual Property Rights, etc.)

  1. Organizers may only use the Service to compose Event Tickets for an event that they are authorized to hold. When posting or engaging in other communications regarding Event Tickets, Organizers may only use content that they are legally entitled to use, and they must not infringe the rights of any third party.
  2. Organizers may only use the Service to compose Streaming Tickets and STICKITS for videos that they are authorized to stream. When posting and engaging in other communications regarding Streaming Tickets and STICKITS, Organizers may only use content that they are legally entitled to use, and they must not infringe the rights of any third party.
  3. When streaming content or providing STICKITS on the Service, Organizers may only use videos and images that they are authorized to broadcast.
  4. All Intellectual Property Rights with respect to the Service are attributable to us or the third party that lawfully licenses those rights to us. By entering into the Service Agreement, Organizers acquire only the right to use the Service, and they shall not be assigned or are granted a license to any Intellectual Property Rights.
  5. We shall be able to freely use without any limitations, including geographic limitations, any information that we have obtained as a result of the Organizer’s use of the Services free of charge, including the number, frequency, and country of purchases of Tickets and STICKITS, the attributes of Organizers, attributes of Customers who have purchased Tickets and any other information. The provisions of this Article 13 will remain effective even after the Organizer ceases use of the Service.

Article 14 (Prohibited Acts)
Organizers represent and warrant that they will not commit any of the following acts when using the Service (including incitement or preparation to commit such acts):
(1) any act that violates the laws and regulations of Japan or the applicable laws and regulations of any other country or region that may apply;
(2) any act of  receiving the Product Price or other fees that can be considered substantively equivalent to the Product Price directly from a Customer or Media without using the systems or procedures that we require Organizers to use;
(3) any act of using the Service to compose Tickets or STICKITS that include any of the following information or to display any of the following information on the Service:

  • information that tarnishes or infringes the reputation, credibility, or other rights and interests of ours, another Organizer, Media, or another third party;
  • information that contains excessively violent or cruel expressions;
  • information that contains a computer virus or other harmful computer program;
  • information that contains obscene expressions;
  • information that contains expressions promoting discrimination;
  • information that contains expressions promoting suicide or self-harm;
  • information that contains expressions promoting the inappropriate use of drugs;
  • information that contains expressions that are used by Antisocial Forces;
  • information that is intended to be dispersed as junk mail, spam mail, chain mail and the like to third parties;
  • information that contains unlawful solicitation, advertising and the like;
  • information that contains expressions that make others uncomfortable;
  • information or acts that solicit another person to enter into a sexual, romantic or any other type of relationship;
  • information that breaches laws and regulations, guidelines, and other legal regulations; or
  • any other information that is similar to any of the foregoing.

(4) any act of uploading computer programs and the like intended to damage or interfere with the software, hardware and other functions used by a third party;
(5) any act of damaging or interfering with our servers or network;
(6) any act of interfering with the Service, our advertisements that we send out, or the services and advertising provided through our website;
(7) any act of unauthorized collection or accrual of third-party personal information, activity records, attribute data and the like;
(8) any act of using of the Service or information obtained through the Service for a purpose contrary to the purpose for which it is provided;
(9) any act of using a third party’s login information to use the Service;
(10) any act of obtaining, disclosing, or providing another person’s login information by any means;
(11) any act of directly or indirectly providing benefits to an Antisocial Force in connection with the Service;
(12) any act of violating any of the guidelines established by us (including the provisions of Article 12); and
(13) any other acts similar to any of the foregoing that we determine to be inappropriate.

Article 15 (Effect of Breach of these Terms of Service)

  1. If an Organizer falls under any of the following circumstances or if we determine that an Organizer is likely to fall under any such circumstances, we may suspend or delete such Organizer’s account, temporarily suspend or limit such Organizer’s use of the Service, terminate the Service Agreement, or take other actions (“Account Action”) at our discretion, without any notice, irrespective of the severity of the circumstances or the extent to which such circumstances are attributable to us:

(1) if Organizers commit or are likely to commit an action prohibited under Article 14;
(2) if Organizers breach any provision of these Terms of Service, or are notified that they have breached these Terms of Service;
(3) if Organizers infringe the Intellectual Property Rights, portrait rights, privacy rights, or other rights of a third party;
(4) if a problem arises between an Organizer and a Customer, Media, us, or another Organizer in connection with such Organizer’s use of the Service, and such Organizer is found to be at fault;
(5) if all or part of the information that Organizers provide to us is found to be false;
(6) if Organizers suspend payments or become insolvent, or become subject to a petition to commence bankruptcy proceedings or similar proceedings;
(7) if Organizers fail to respond to an inquiry or other communication from us requiring response for 30 days or more;
(8) if Organizers are an Antisocial Force or provide funds to or otherwise collaborate or participate in the maintenance, operation or management of an Antisocial Force, or otherwise have any relationship with or involvement with an Antisocial Force;
(9) if Organizers (including their representatives and employees if they are a corporate entity) or an artist associated with Organizers commit an act that tarnishes or infringes the reputation, credibility, or other rights and interests of ours, another Organizer, Media, or another third party; or
(10) if any other event similar to any of the foregoing matters arises.

  1. Incurring an Account Action does not release Organizers from performing any of their duties and obligations to us and third parties under the Service Agreement.
  2. If an event provided for in Article 15(1) arises, we may withhold payment of the Product Price that we are holding for the duration of the event and deduct any damages that we may incur from the Product Price.
  3. We shall not be held liable in any manner whatsoever for any damages that Organizers incur due to an action that we take under this Article 15.

Article 16 (Force Majeure)
We shall not be held liable for any delayed or incomplete performance of our obligations under these Organizer Terms of Service or when the performance of our obligations under these Organizer Terms of Service become impossible due to:

(1) natural disasters, fires or explosions;
(2) infectious diseases;
(3) wars or insurrection;
(4) revolution or secessions;
(5) orders or dispositions by public authorities;
(6) riots;
(7) labor strikes or lock-outs;
(8) malfunctions of machinery or equipment used for the operation of the Service (including external servers and systems), telecommunications malfunctions, system maintenance or other maintenance, or electrical blackouts; or
(9) any other event similar to any of the foregoing.

Article 17 (Damages)

  1. We shall not be held liable for any damages as a result of the use of the Service by Organizers, except as separately provided for in these Terms of Service and the attached Cancellation Policy.
  2. Notwithstanding the provisions of Article 17(1) and other provisions of these Organizer Terms of Service, if the Consumer Contract Act of Japan applies to the relationship between an Organizer and us and such Organizer incurs damage due to our willful misconduct or gross negligence, we shall compensate such Organizer for any damages that were reasonably caused by our willful misconduct or gross negligence.
  3. Any liability that we owe to Organizers shall be limited to direct and ordinary damages incurred by such Organizer, and we shall not be held liable for any special damages, indirect damages, consequential damages, incidental damages, punitive damages, or lost profits (including compensation for the proceeds of refunded Tickets) under any circumstances. The total amount of any liability that we owe to Organizers is limited to the total amount of consideration for the Service that we have received from the Organizer in connection with the circumstances that caused the damages.
  4. We are not obligated to, under any circumstances, except as expressly provided for in these Organizer Terms of Service: analyze, disclose, or report the stream status and the like (including the number of viewers, time, and similar information), system information, or technical information; issue a public apology, explanation or the like on social media or any other medium; or have any other non-monetary obligations whatsoever to Organizers.

Article 18 (Confidentiality)

  1. Organizers shall treat as strictly confidential any non-public information that we disclose to them in connection with the Service and that we specify as confidential information (“Confidential Information”), and Organizers shall not disclose Confidential Information to any third party.
  2. Organizers shall return to us or destroy any Confidential Information, documents or other recording media that contains Confidential Information and all copies thereof, without delay, as instructed by us, at any time that we request it.

Article 19 (Exclusion of Antisocial Forces)

  1. We represent and warrant to Organizers, and Organizers represent and warrant to us, the following matters.

(1) Each party as well as any of our or Organizers’ officers (refers to directors, executive officers, executives, statutory auditors, and other similar persons) is not an organized crime group, a member of an organized crime group, an associate member of an organized crime group, a company affiliated with an organized crime group, a quasi-organized crime group, a company quasi-affiliated with an organized crime group, a person or group with substantive connections to a quasi-organized crime group, a shareholder meeting extortionist, a corporate extortionist acting under the guise of social or political activity, a group with special expertise connected to organized crime, or a similar group or person (collectively, “Antisocial Forces”), or a person with a socially reprehensible relationship with Antisocial Forces.
(2) Each party does not have a relationship in which it is considered to unjustly use Antisocial Forces for the purpose of obtaining benefits for itself or a third party or causing damages to a third party, provide funds or benefits to Antisocial Forces, or otherwise cooperate or collaborate in the maintenance or operation of Antisocial Forces.
(3) Each party does not allow Antisocial Forces to use its name in order to enter into a Service Agreement.
(4) Each party will not, ourselves, themselves or through a third party, commit threatening or violent behavior against the other party, spread rumors or use fraudulent means or intimidation to interfere with the other party’s business, commit any act that damages the credibility of the other party, make unjust demands in excess of the other party’s legal obligations, or commit other similar acts.

  1. Either party may terminate the Service Agreement without any notice or demand to cure any breach of the Service Agreement if the other party breaches the representations and warranties provided for in Article 19(1).
  2. If either party terminates all or part of the Service Agreement under Article 19(2), the terminating party shall not be obligated to compensate the breaching party for any damages that it incurred due to such termination. The breaching party shall compensate the terminating party for any damages incurred due to such termination.

Article 20 (No Warranties and Indemnification)

  1. We offer no warranty whatsoever of meeting Organizers’ sales expectations, fitness for any particular purpose, economic value, accuracy, usefulness, completeness, legality, conformity with internal regulations and the like of organizations that are applicable to Organizers, absence of security flaws, errors, bugs, defects, or non-infringement of third-party rights in connection with Organizers’ use of the Service.
  2. We do not guarantee that the Service is compatible with all devices and all versions of operating systems. Organizers acknowledge in advance that there is a possibility that the Service may malfunction due to an operating system update on their device. If such a malfunction occurs, we do not guarantee that we will resolve such malfunction by modifying programs or any other means.
  3. Organizers acknowledge in advance that there is a possibility that the Service may malfunction due to a change in the specifications of third-party services that connect to the Service or software and the like used by Organizers or a Customer. If such a malfunction occurs, we do not guarantee that we will resolve such malfunction by modifying programs or any other means.
  4. Organizers shall be responsible for obtaining and paying for the software (including encoding software), appliances, computers, internet connection (including at the venue), backups, and other devices and equipment necessary to use the Service. We are in no way responsible if Organizers’ use of the Service is affected due to a malfunction or defect in such devices or equipment.

Article 21 (Cessation of Use of the Service)
Organizers may terminate the Service Agreement by providing 60 days’ prior written notice to us. However, terminating the Service Agreement does not release Organizers from any of their duties and obligations to us and third parties that have arisen under the Service Agreement prior to such termination.

Article 22 (Alteration, Suspension, or Termination of the Service)

  1. We may modify or add to all or part of the content of the Service without notifying Organizers in advance.
  2. We may terminate the Service at our sole discretion by giving Organizers prior notice through the Service, our website, or any other method that we determine to be appropriate. However, we may not notify Organizers if the Service is terminated in an emergency.
  3. We may temporarily suspend all or part of the Service without notifying Organizers in advance, if:

(1) we conduct scheduled or emergency maintenance or repairs of the communications equipment and the like used for the Service (including external servers and systems; the same applies hereinafter);
(2) the communications equipment used for the Service experiences excessive load due to high traffic or other unforeseen circumstances;
(3) we need to ensure the security of Organizers or of a third party;
(4) a telecommunications carrier stops providing services to us;
(5) it becomes difficult to provide the Service due to force majeure, such as a natural disaster and the like, or another event provided for in Article 16;
(6) it becomes difficult to provide the Service due to a fire, power failure, or some other unexpected accident, a war, conflict, insurrection, riot, labor dispute, or the like;
(7) it becomes impossible to provide the Service due to laws and regulations or measures taken based on laws and regulations; or
(8) we decide that it is necessary to suspend the Service due to another event similar to any of the foregoing items.

  1. We shall not be held liable for any damages that Organizers may incur due to an action that we take under this Article 22.

Article 23 (Assignment of Rights and Obligations)

  1. Organizers may not assign, transfer, collateralize or otherwise dispose of their rights, obligations, and status under the Service Agreement to a third party without our prior written consent.
  2. If we transfer the business that provides the Service to a third party, or if we transfer the entirety of the business in connection with the Service to another entity through a merger in which we are the non-surviving company, or a corporate split or the like in which we are the company that is splitting off, we may transfer our status, rights, obligations, registered information, other customer data and other information related to the Organizer under the Service Agreement to the assignee or successor when we transfer our business. Organizers hereby consent in advance to us being able to engage in such transfers.

Article 24 (Severability)
If any provision or any part of these Terms of Service is found to be invalid or unenforceable under the Consumer Contract Act or any other laws or regulations and the like, the remaining provisions and parts not found to be invalid or unenforceable shall continue to remain in full effect.

Article 25 (Governing Law; Jurisdiction)
These Terms of Service are governed by the laws of Japan, and the Tokyo District Court or the Tokyo Summary Court has exclusive jurisdiction as the court of first instance over all disputes arising from or in connection with these Terms of Service, depending on the amount in dispute and the type of proceeding.

Article 26 (Language)
The original language of these Terms of Service is Japanese. If there is any discrepancy between the Japanese version and any translation of these Terms of Service into another language, the Japanese version shall prevail.

Article 27 (Survival)
The provisions of Article 5(3), Article 6(3), Article 8, Article 12(2), Article 13(4) and 13(5), Article 15(2) and 15(3), Article 16, Article 17, Article 18, Article 19(3), Article 20, Article 21, Article 22(4), Article 24, Article 25, Article 26, this Article 27, and any other provision that by its nature may reasonably be construed to survive the termination of the Service Agreement will remain in effect after the termination of the Service Agreement for any reason.

[Updated August 11, 2021]

 

Schedule: Cancellation Policy

  1. Event cancellation or postponement due to organizer’s circumstances

(1) In-Person Events
If it is necessary to provide a refund to a Customer due to the cancellation or postponement of an event, we shall refund Customers any Tickets that they purchased through the Service.

(2) Streaming events

(a) Organizers are generally not allowed to cancel a streaming event once Tickets have gone on sale. If it is not feasible to hold the streaming event on the scheduled date and time due to unavoidable circumstances, please postpone the event and hold it at a later time.
(b) In the case where it is necessary to refund a Customer’s purchase of Tickets or STICKITS due to event cancellation or a change of date or venue due to circumstances attributable to an Organizer, such Organizer shall generally be responsible for and pay such refund to such Customer.
(c) Notwithstanding Section 1(2)(b) above, we may refund a Customer’s purchase of Tickets or STICKITS as we determine to be appropriate at our own discretion.

(3) Refund fee
If we refund Tickets as provided for in subsections (1) and (2) above, Organizers shall choose from the options below and pay us the appropriate fees for refunds.

(a) When the Customer was responsible for paying the purchasing fees that were paid along with the Product Price and if such fees were non-refundable: 3% of the Product Price (excluding consumption tax).
(b) 8% of the Product Price (excluding consumption tax) in either of the following cases: (i) when the entire Product Price, including the purchasing fees, is to be refunded to the Customer in instances where the Customer was responsible for paying the purchasing fees that were paid along with the Product Price; or (ii) when refunding an item where the purchasing fees were to be paid by the Organizer.

* The “purchasing fee” is the fee deducted from the Product Price in accordance with Article 10(3) of the Organizer Terms of Service. Organizers may select whether the fee is to be paid by the Customer or the Organizer when selling Tickets.

* The “product price” is the total price of the Tickets and STICKITS for an event that Organizers organize, and includes the ticket price, the equivalent amount of the purchasing fees and, any optional services fees if additional optional services are selected (including but not limited to +Archive).

* We will pay for any bank transfer fees and the like associated with Customer refunds.

* Transaction fees for certain payment methods that the Customer selects (e.g., convenience store, PayPal, etc.) and ticket issuance fees are not refundable.

  1. Interruption or cancellation due to force majeure or technical fault
    If the livestream of an event is interrupted or cancelled due to force majeure or another cause that is not attributable to an Organizer or us or due to a cause that is exclusively attributable to us (including a malfunction in the Service), Organizers may choose one of the following options:

(a) extend the archive period without cancelling the livestream;
(b) cancel the livestream for that day and reschedule the event to a different date (to a later time on the same day or to a later date) using recorded video;
(c) cancel the livestream for that day and postpone the livestream to a different date (to a later time on the same day or to a later date); or
(d) cancel the event.

Regardless of which of the above options Organizers select, we will be able to refund Tickets and STICKITS for interrupted or cancelled events if Organizers desire. In such case, Organizers must pay to us an administrative refund fee equal to 3% of the total refunded amount (excluding consumption tax).

Organizers shall pay for any expenses (including equipment and venue costs) associated with whichever of the above options they choose.

  1. Postponement
    If an event is postponed (for any reason), we will handle the Product Price received from Customers as follows.

(a) If the event has not been rescheduled to a new date, the period during which we retain the abovementioned Product Price shall be up to one year from the date on which the Organizer decided to postpone the event ( “Postponement Date”). If the event is not rescheduled within one year after the Postponement Date, or if the rescheduled date is more than one year after the Postponement Date, the event will automatically be treated as cancelled as of one year after the Postponement Date. In such case, the method in which the Product Price will be refunded shall be in accordance with how the refund fees are set forth in Section 1 of this Cancellation Policy.
(b) Each event may be postponed only once; a second postponement shall automatically treat the event as cancelled even if the event is rescheduled within one year after the Postponement Date.


ZAIKO ENCORE Terms of Service

Article 1 (Description and Consent to ENCORE Terms of Service)

  1. ZAIKO K.K. (“we,” “us” and “our”) provides services that allow you, the user of our services (“you,” “your” or “Customer”), to view live videos, event videos, and other video content (collectively, “Content”) for a fixed fee (“Service”). The Content that can be viewed through the Service, includes:

(1) live videos selected by us (unlimited access);
(2) archived livestreams from our ZAIKO service (for viewing archives) (the length of the period that a specific livestream is archived depends on the Content); and
(3) other video content that we may provide.

  1. The Content can be viewed in the following ways (“Viewing Methods”):
    (1) through our website (https://zaiko.io/encore) (“Website”); or
    (2) on an approved application or device.
  1. If you wish to use the Service by one of the Viewing Methods, you shall agree to these ZAIKO ENCORE Terms of Service (“ENCORE Terms of Service”) and comply with these ENCORE Terms of Service as well as the terms of use of your internet services and device. Upon requesting to access the Service (or the Content) through the Website, we will deem that you have accepted these ENCORE Terms of Service.
    The Services are not free of charge. In order to use the Service, you shall agree to these ENCORE Terms of Service, sign up for the Service and pay the subscription fee.
  1. In addition to these ENCORE Terms of Service, the “ZAIKO Terms of Service” apply to your use of the Service. If there are any inconsistencies between these ENCORE Terms of Service and the ZAIKO Terms of Service, these ENCORE Terms of Service shall prevail.

Article 2 (Amendment)
When amending these ENCORE Terms of Service would generally be beneficial for our Customers, we may amend these ENCORE Terms of Service at our discretion when we reasonably determine that it is necessary and appropriate to do so upon considering the purpose of these ENCORE Terms of Service, the necessity of amendment and the appropriateness of the amended terms. We will notify you of the content and effective date of any amendment to these Terms and Conditions in advance on our website. If you sign up for the Service after the date of the notice of amendment but prior to the effective date of the amendment, or if you have separately agreed to the amended ENCORE Terms of Service in a different manner, the amended ENCORE Terms of Service will automatically apply to you immediately. If you are already signed up for the Service prior to the notice of amendment, the amended ENCORE Terms of Service will apply to you as of the first time you use the Services after the effective date of the amendment of the ENCORE Terms of Service.

Article 3 (Registration and Use of the Service)

  1. Age Restrictions
    If you are under 20 years of age, the consent of your parent or guardian is required for you to register and use the Service. If you register to use the Services by lying that you are 20 years or older, you cannot evade your obligations under these ENCORE Terms of Service for the reason that you are a minor.
    If you are under 18 years of age, you, yourself, may not register for the Service or provide personal information to us. If you wish to use the Service, you may use the account of your parent or guardian.
    If you are over 18 and under 20 years of age, you may register for and use the Service only with the consent of your parent or guardian.

  2. Customer License
    We grant to you a non-exclusive, limited license to use the Service continuously by the Viewing Methods, provided that you continue to pay the subscription fee and comply with these ENCORE Terms of Service. This license includes the right to view the Content by streaming for personal, non-commercial purposes. You may only view the Content for personal, non-commercial purposes in accordance with these ENCORE Terms of Service. You acknowledge and consent that specific Content that is available through one Viewing Method may not be available through other Viewing Methods due to restrictions placed on the Content by licensors, other third-party restrictions and other matters.

  3. Prohibited Acts
    You shall not commit any of the following acts while using the Service or after cancellation without our prior written consent:

(1) deletion, alteration, circumvention, deactivation, impairment or avoidance of: disclosure of copyrights, trademarks or other rights; digital rights management (“DRM”); content protection measures; or access limitations (including geo-filtering mechanisms) placed on the Content;
(2) copying, downloading, stream capturing, duplicating, reproducing, archiving, streaming, uploading, publishing, altering, translation, broadcasting, executing, displaying, selling, sending or restreaming the Content;
(3) incorporation of the Content into hardware or software, streaming or restreaming the Content using such hardware or software or making the Content available through a frame or inline link;
(4) creating an index of, reproducing, broadcasting or advertising a material part of the Content;
(5) use of the Content to start a for-profit or non-profit business (the Content includes, but is not limited to, text, graphics, layouts, interfaces, logos, photographs, audio and video recordings, and still images);
(6) creation of a derivative work or material that is dependent upon, derived from or based on the Content (including parodies, montages, mashups and similar videos, wallpapers, desktop themes, and merchandise) (includes instances where derivative works are provided free of charge);
(7) correction, improvement, deletion, impairment, or alteration by any other means of all or a part of the technology used in the Service, the integrated DRM, means to protect content and means to restrict access, regardless of the method or form. This includes but is not limited to the following acts and other acts of deactivation, reverse-engineering, alteration, impairment or circumvention by any other means:

(i) making it possible to view the Content without displaying all peripheral elements of the web page (including the graphical user interface and all advertising, copyright indications and trademarks); and
(ii) making it possible to view the Content without accessing all of the functions (including any and all functions related to video quality and display as well as any and all functions related to advertising).

  1. Attribution of Rights
    The Service and the Content are protected by the Copyright Act of Japan, the Trademark Act of Japan and other laws related to intellectual property.
    You agree that we hold and reserve all rights with respect to the Service and that all rights with respect to the Content that you view on the Service belong to or are managed by us and our licensors.

  2. Customer Responsibilities
    In order for everyone to be able to use the Service safely, it is necessary for us and all of our Customers and other users to follow the same rules. Customers and other users shall use the Service for lawful, non-commercial, and appropriate purposes. You agree to comply with the restrictions and conditions that are set forth regarding the Service and the Content provided for in these ENCORE Terms of Service. You agree not to access the Website or use the Service to:

(1) infringe the rights of a third party (including patent rights, trademark rights, trade secrets, copyrights, privacy rights, publicity rights, portrait rights, other ownership rights and personality rights);
(2) use technical or other means that are not authorized by us to access the Service (including the Content) and create or link an index or frame (including unauthorized downloads, stream captures, link settings, frame creation, duplication, and the deletion, deactivation, circumvention or avoidance of content protection and access control methods intended to prevent access or streaming);
(3) use bots and the like or other automated means to access the Service (including the Content) (excluding personal searches conducted using a generally available search engine solely for the purpose of, and to the extent necessary for, the creation of a generally accessible search index of the Service);
(4) introduce a virus or other computer code, file or program that interrupts, destroys or restricts computer software, hardware or the functions of communication devices;
(5) damage, deactivate, overload, impair or illicitly access the Service (including our servers, computer networks and user accounts);
(6) delete, alter, deactivate, hinder, reduce the visual impact or otherwise impair advertisements of the Service (including the Content);
(7) use the Service to advertise or promote a service that has not received our express, prior and written approval;
(8) collect personal information;
(9) promote any act that constitutes a crime or gives rise to civil liability;
(10) breach these ENCORE Terms of Service or any other policy that we publicly disclose;
(11) impede a third party’s use or enjoyment of the Service; or
(12) plan, instigate or promote any of the above acts.

If we determine, at our sole discretion, that you have breached these ENCORE Terms of Service, we may cancel or limit your access or use of the Service by using technological means upon providing notice to you. In such case, you agree to: immediately cease accessing or using the Service (or attempting to access or use the Service) by any means; not to evade, avoid, or circumvent any restrictions placed upon you, or restore or attempt to restore your access to or use of the Service.

  1. No Spam or Unsolicited Mail
    You shall not use the Service to collect information to send or aid or support the sending of spam mail, unsolicited junk mail and the like. You also consent to our use of any technical corrective measures to prevent spam mail and unsolicited junk mail from invading, being used in, or being accumulating within our computer network or communication network. You acknowledge in advance that any use of the Service by you to post or otherwise send spam mail, advertising email or other unsolicited mail of any kind would cause significant damage to us and that the amount of that damage to us would be extremely difficult to calculate. You agree in advance that, in such case, you will pay to us 10,000 yen per spam mail or other unsolicited email that you sent using the Service as anticipated damages.

  2. Use of Applications, etc.
    You may be required to agree to download application software or other materials or agree to separate terms and conditions in order to register for certain aspects of the Service or access certain Content. In such case, such additional terms and conditions constitute a part of these ENCORE Terms of Service unless otherwise specified therein.

  3. Suspension and Cancellation
    We may alter, suspend or cancel all or part of the Service (including for any devices used to access the Content and the Service) with respect to any Customer, temporarily or permanently, at any time and without notice. You agree in advance that we may take such measures at our sole discretion. You agree that we are in no way liable to you with respect to any alteration, suspension or cancellation of the Service.

  4. Viewing Methods and Internet Charges
    You shall bear all costs in connection with your use of the Viewing Methods and the internet.

Article 4 (Subscription and Billing)

  1. Preamble
    You shall pay the subscription fee to use the Service and view the Content. There is no cooling-off period that applies to the Service.
    You can review the details of your subscription status of the Service through your Account Page. Your account for the Service is solely for personal use.

  2. Billing
    We will charge monthly subscription fees and any other fees for any additional services (if you purchased such additional services) as well as consumption tax and other taxes and duties payable in connection with your use of the Service (collectively, the “Monthly Fees”) to your credit card or other ongoing payment methods that we have approved during the registration process (“Payment Method”). You shall comply with the terms of service of the credit card issuer or any other terms of service of your Payment Method, and you agree to the following matters in advance:

(1) you shall continue to pay the Monthly Fees using the Payment Method unless you cancel your account;
(2) if there is a change in the details (e.g., credit card number, expiration date) of the Payment Method that you originally registered, or if you wish to register a different payment method, you shall update your Payment Method without delay; and
(3) if you fail to comply with item (2) above, if your registered credit card number or expiration date is renewed or if your credit card is reissued, you shall continue to pay the Monthly Fees by the Payment Method known to your credit card company after renewal or reissuance.

In these ENCORE Terms of Service, “Billing” means charging or deducting Monthly Fees from your Payment Method. We will bill you for the Monthly Fees when you sign up for the Service and upon each monthly renewal of your subscription unless: you cancel the Service or your account; or the Service is otherwise suspended or cancelled pursuant to these ENCORE Terms of Service for some other reason. You can view the start date of your next renewal period in the Billing section of your Account Page.

  1. Billing Date
    We will automatically charge your Payment Method each month on the calendar day corresponding to the date that you signed up. However, if you change your Payment Method, the billing date may also change as a result. We may change the subscription fee for the Service and other fees from time to time. We will notify you of the content of such fee changes by email in advance. Any and all fees and service charges are not refundable under any circumstances.

  2. Renewal of Subscription and Cancellation
    Your subscription to the Service will be renewed each month on an ongoing basis unless: you cancel the Service or your account; or the Service is otherwise suspended or cancelled pursuant to these ENCORE Terms of Service. We will charge the monthly subscription fee and any applicable taxes to the Payment Method you registered during the registration process (or a new Payment Method if you changed your account information) on an ongoing basis. If you wish to avoid being charged the next month’s subscription fee for the Service, you shall cancel the Service before the monthly renewal date. If you cancel the Service part-way through a month, the subscription fee for that month is not refundable but you may continue to use the Service for the remainder of that billing period.

  3. Non-Payment
    If we do not receive payment of any amount relating to the Service, we have the right to collect that amount from you. You will be obligated to promptly pay to us all outstanding amounts, all costs that we incur in connection with collections (including, but not limited to, collection agent fees, reasonable attorneys’ fees, and arbitration or litigation costs) and any other damages that we incur in connection with your non-payment.

  4. Free Trials and Discount Campaigns
    We may offer a free trial or discount of the Services to Customers that meet certain criteria. The specific conditions regarding the free trial or discount that we may offer for will be specified in the marketing materials that explain such free trial or discount. Each customer may only receive one free trial or discount. If you attempt to use a free trial or discount more than once, we will refuse to provide such free trial or discount and may pursue civil or criminal legal action against you depending on the circumstances. You can view the details of any free trial or discount applicable to you on your Account Page.

We will begin charging the monthly subscription fee (and applicable taxes) to your Payment Method based on your subscription plan immediately after the free trial period or discount period ends unless you cancel your subscription before that time. You shall register a valid Payment Method when signing up for a free trial or discount unless otherwise stated in the conditions of the free trial or discount.

We will not notify you of the end of your free trial or discount or the start of your full-price subscription to the Service. If you do not wish to be billed for your use of the Service after the end of your free trial or discount, you shall cancel the Service before the end of the free trial period or discount period. If you cancel the Service part-way through the free trial period or discount period, the remainder of such free trial or discount period is invalid.

If you sign up for the Service as part of a package offer with the purchase or payment of a third-party product or service, you agree that we are not liable to you with respect to any charges arising due to or in connection with such third-party product or service.

Article 5 (Collection and Use of Personal Information)
We collect and use Customers’ personal information in accordance with our Privacy Policy, available at https://zaiko.io/privacy. The Privacy Policy constitutes a part of these ENCORE Terms of Service. By agreeing to these ENCORE Terms of Service, you agree to be subject to the Privacy Policy.

Article 6 (Intellectual Property)
We hold the copyrights, trademark rights and other intellectual property rights, etc. with respect to our trade name, logo, the Website and other themes, graphics, logos, scripts, and sounds that we own (“Intellectual Property”). You shall not copy, download or otherwise use our Intellectual Property under any circumstances.

Article 7 (Disclaimer of Guarantee; Limitation of Liability)

  1. You agree that you will be using the Service at your own risk. The Service is provided as-is and we make no express or implied representations or warranties of any kind with respect to the Service, to the maximum extent permitted by law. Furthermore, without limiting the foregoing in any way, we provide no warranty of the Service’s fitness for a particular purpose, title, merchantability, completeness, usability, safety, conformity, or non-infringement of rights, and we do not guarantee that the Service will be: uninterrupted; free of impediments, viruses or other malicious elements; accurate and free of errors; or reliable.
  2. To the maximum extent permitted by law, ZAIKO, the affiliates of ZAIKO, and the successors, assignees, investors, directors, officers, employees, agents, contractors (including organizers, performers, and Content licensors) of both ZAIKO and its affiliates (collectively, the “ZAIKO Related Parties”) shall not be held liable under contract, tort, strict liability or any other legal theory or laws or regulations for any direct damages, indirect damages, punitive damages, incidental damages, special damages, consequential damages or other damages (including lost profits) that may arise due to, or in any way are connected to, the use of the Service (including information, products and services that are advertised, acquired or provided through the Viewing Methods) under any circumstances, irrespective of whether the possibility that damages may arise was notified, known, or foreseeable to the ZAIKO Related Parties.
  3. Notwithstanding the other provisions of these ENCORE Terms of Service, if the Consumer Contract Act of Japan applies to your contract with us based on these ENCORE Terms of Service, the provisions of these ENCORE Terms of Service that completely exempt us from liability shall not apply. If the contract based on these ENCORE Terms of Service constitutes a “consumer contract” (as defined in the Consumer Contract Act) and we are liable for damages due to our non-performance of obligations or due to unlawful acts that we committed, we will be liable for damages that are directly and actually incurred by you; provided, however, the amount of damages shall be capped at the maximum amount of the total consideration received from you for the Service over the one-year period preceding the event that caused the damage. We will not be liable for any damages arising due to special circumstances unless the damages are caused by our willful misconduct or gross negligence.
  4. You are responsible for and shall protect and indemnify the ZAIKO Related Parties against any liability, claim, damage, cost (including reasonable attorneys’ fees and costs) and other losses that may arise due to, or are in any way connected to, your breach or alleged breach of these ENCORE Terms of Service or your use of the Service (including your use of the Content), to the maximum extent permitted by law.

Article 8 (General Provisions)

  1. Territory
    You acknowledge and agree that: the Service is limited by the rights that the licensors of the Content grant to us; and it is prohibited to access the Content from territories in which we have not been granted rights or in which we do not provide the Service and use technology to obtain such access.

  2. Notification of Breach and No Waiver
    If you become aware that another person has breached these ENCORE Terms of Service, please notify us. Even if we decide to not exercise our rights under any provisions of these ENCORE Terms of Service with respect to a specific person, the fact that we did not exercise our rights is not to be construed as a waiver of our rights under that provision (or any other provision) with respect to that person or any other person. Even if we do not immediately exercise or enforce a right or remedy under these ENCORE Terms of Service, the fact that we did not do so is not to be construed as an abandonment of such right or remedy. Furthermore, even if you determine that we have acted in a way that is not consistent with these ENCORE Terms of Service, that act will not be deemed to be a waiver of rights and shall not change how these ENCORE Terms of Service are to be interpreted.

  3. Survival
    The provisions of Article 5, Article 6, Article 7, Article 8, and any other provision that by its nature may reasonably be construed to survive the termination of these ENCORE Terms of Service will remain in effect after the termination of these ENCORE Terms of Service.

[Updated November 4, 2020]


STICKITS Terms of Service (Customer)
These STICKITS Terms of Service (“STICKITS Terms”) that apply to you, a customer that purchases STICKITS (“you,” “your” or “Customer”), are set forth as follows. Please note that, in addition to these STICKITS Terms, the ZAIKO Terms of Service that are set forth separately also apply to your use of the Services. Any capitalized terms that are not defined in these STICKITS Terms refer to terms that are defined in the ZAIKO Terms of Service. If there is any inconsistency between these STICKITS Terms and the ZAIKO Terms of Service, these STICKITS Terms shall prevail.

  1. You may purchase digital stickers called “STICKITS” while viewing content that is viewable in the Services, which is sold by an Organizer of content through the Services.
  2. Any contract for the purchase and sale of STICKITS is entered into by and between you and the Organizer. We are not a party to such contracts.
  3. You and the Organizer will enter into a contract for the purchase and sale of STICKITS at the point when we confirm your payment for STICKITS and when the purchase history of your account shows that you have purchased STICKITS.
  4. You shall be responsible for resolving and paying for any dispute or other problem (including but not limited to problems that arise from the description of event information and the unauthorized use, etc. of personal information, images, videos, text, audio or other information by Media) that arises between you and the Organizer or you and any other third party in connection with the purchase of STICKITS, and we shall not be held liable in any manner whatsoever for such disputes or problems.
  5. If we are required to pay any costs (including, but not limited to, settlement payments, legal fees, etc.) to resolve a dispute or problem in connection with the purchase of STICKITS under Article 4 above, you must reimburse us for any amount of those costs that we specify. You shall also be responsible for paying any fees associated with the payment of those costs.
  6. We are authorized by the Organizer to accept payment for the price of STICKITS (“Product Price”) from you on the Organizer’s behalf. Based on that authorization, we will receive payment of the Product Price from you and Media on the Organizer’s behalf. You must not pay the Product Price to the Organizer or the Media under any name or by any method.



ZAIKO Subscription Terms of Service
These ZAIKO Subscription Terms of Service (“Subscription Terms of Service”) establish the terms of use of the ZAIKO Subscription Service (“Subscription Service”) provided by ZAIKO K.K. (“we”, “us,” and “our”).

Article 1 (Definitions)

  1. “Subscription Service User” means a customer who uses the Subscription Service.
  2. “Channel” means a subscription that is operated by a Channel Operator through the Subscription Service.
  3. “Channel Operator” means a person who develops and/or operates a Channel through the Subscription Service.

Article 2 (Scope of these Terms)

  1. If customers wish to use the Subscription Service, customers shall agree to and comply with these Subscription Terms of Service. By subscribing to a Channel through the Subscription Service, we shall deem that customers have accepted these Terms of Service. The Subscription Service is a paid service. In order to use the Subscription Service, customers shall subscribe to a Channel pursuant to these Subscription Terms of Service and shall pay the subscription fee.
  2. Your use of the Subscription Service is subject to the ZAIKO Terms of Service in addition to these Subscription Terms of Service. If there is any inconsistency between these Subscription Terms of Service and the ZAIKO Terms of Service, these Subscription Terms of Service shall prevail.

Article 3 (Use by Minors)
Minors may sign up for and use the Service only with the consent of their parent or guardian.

Article 4 (Channels)

  1. Each Channel is provided to Subscription Service Users by the Channel Operator through the Subscription Services system. The Channel Operator is responsible for providing and operating each Channel. We shall not be held directly or indirectly responsible or liable in any manner whatsoever for any Channels and we do not guarantee any matters whatsoever with respect to any Channels. Any inquiries regarding a Channel shall be sent directly to the Channel Operator.
  2. The content of the services that each Channel provides (including but not limited to the availability and period of archived viewing, the availability and the like of discounts for event tickets, what kind of content can be viewed, etc.) differs for each Channel. The details of each Channel are explained on the Channel’s service page and Subscription Service Users shall confirm such details before using a Channel. The Channel Operator may change the content of a Channel’s services at any time.
  3. When Subscription Service Users register on a Channel, the Channel Operator will grant to Subscription Service Users a non-exclusive license to use the content provided through the Channel (including unpublished images, fans-only images, and archived viewing, subject to the discretion of the Channel Operator; the same applies hereinafter), solely for personal use (“Content License”). Subscription Service Users may not assign, transfer, sublicense, or otherwise dispose of the Content License to any third party or other accounts.
  4. The display of any “back numbers,” “archived viewing” and the like that relate to the content provided in a Channel does not guarantee that all content that a Channel provided in the past will be provided.

Article 5 (Subscription Fee)
Subscription Service Users may pay the subscription fee for a Channel monthly or annually.

(1) Monthly payment
If Subscription Service Users choose the monthly payment option when subscribing to a Channel, they will be charged the monthly subscription fee set forth for that Channel. The subscription fee is payable for the one-month period starting on the day of the month on which Subscription Service Users subscribe to a Channel and ending on the preceding day of the following month. Subscription Service Users will be charged the first month’s subscription fee on the first day of their subscription. If Subscription Service Users do not cancel their subscription by the day before the renewal date, the subscription will automatically renew and they will be charged for the next month’s subscription fee as of the renewal date.

(2) Annual Payment
If Subscription Service Users choose the annual payment option when subscribing to a Channel, they will be charged the annual subscription fee set forth for that Channel. The subscription fee is payable for the one-year period starting on the day on which Subscription Service Users subscribe to a Channel and ending on the preceding day of the following year. Subscription Service Users will be charged the first year’s subscription fee on the first day of their subscription. If Subscription Service Users do not cancel their subscription at least one month before the renewal date, the subscription shall automatically renew and they shall be charged for the next year’s subscription fee as of the renewal date.
If Subscription Service Users cancel a subscription part-way through the subscription period, the remainder of that period shall be invalid. Subscription Service Users shall not receive a refund on a pro rata basis for the remaining days of the subscription period.
Channel subscription fees that have already been paid to us shall not be refundable for any reasons attributable to Subscription Service Users under any circumstances.

Article 6 (Prohibited Acts)

  1. Subscription Service Users shall not commit any of the following acts while using the Subscription Service or after cancelling the Subscription Service without the prior written permission of us or the Channel Operator:

(1) deletion, alteration, circumvention, invalidation, impairment, or avoidance of: displaying copyright designations, trademarks, or other indications relating to any other rights that are attached to the content; digital rights management (“DRM”); content protection measures; or measures to restrict access (including geo-filtering mechanisms);

(2) copying, downloading, stream capturing, duplicating, reproducing, archiving, streaming, uploading, publishing, altering, translating, broadcasting, executing, displaying, selling, transmitting, or retransmitting content;

(3) incorporation of the content into hardware or software, streaming or retransmitting content using such hardware or software, or making the content available through a frame or inline link;

(4) creating an index of, reproducing, broadcasting or advertising a material part of the content;

(5) using the content to start a for-profit or non-profit business (such content includes but is not limited to text, graphics, layouts, interfaces, logos, photographs, audio and video recordings, and still images);

(6) creating derivative works of content or material that depends upon, relies on or is based on such content (including parodies, montages, mash-ups and similar videos, wallpapers, desktop themes, and merchandise, whether or not they are provided free of charge);

(7) correcting, improving, deleting, impairing, or otherwise altering any technology used in the Subscription Service or a Channel, any integrated DRM, any means to protect content, any means to restrict access, or any part of any of the foregoing in any manner or form whatsoever. The foregoing restrictions include but are not limited to each of the following acts and other acts of invalidation, reverse-engineering, alteration, impairment, or circumvention by any other means:

(a) making it possible to view the content without displaying all peripheral elements of the web page (including the graphical user interface and all advertising, copyright designations, and trademarks); and
(b) making it possible to view the content without accessing all functions (including any functions related to video quality and display and any functions related to advertising).

  1. Subscription Service Users shall use the Subscription Service for lawful, non-commercial, and appropriate purposes. Subscription Service Users agree to comply with these Subscription Terms of Service and any restrictions and conditions specified by Channel Operators. Subscription Service Providers agree not to access or use the Subscription Service to:

(1) infringe the rights (including patent rights, trademark rights, trade secrets, copyrights, privacy rights, publicity rights, portrait rights, and other ownership rights and personality rights) of a third party;

(2) use technical or other means that are not authorized by us (including unauthorized downloading, stream capturing, link setting, creating frames duplicating the Subscription Services as well as the deletion, deactivation, circumvention or avoidance of content protection and access control methods intended to prevent access or streaming) to: access the Subscription Service (including the content of each Channel); create an index or frame; or link to the Subscription Service;

(3) use an automated means, such as a bot and the like, to access the Subscription Service (including the content of each Channel) (excluding personal searches conducted using a generally available search engine solely for the purpose of, and to the extent necessary for, the creation of a generally accessible search index of the Subscription Service);

(4) introduce a virus, other computer codes, files, or programs that interrupt, destroy, or limit computer software, hardware, or the functions of a communication device;

(5) damage, deactivate, overload, impair, or illicitly access the Subscription Service (including servers and computer networks used by us or a Channel Operator);

(6) delete, alter, deactivate, hinder, reduce the visual impact of, or otherwise impair advertisements related to the Subscription Service (including the content of each Channel);

(7) use the Subscription Service to advertise or promote a service without the express, prior, written consent of us or the Channel Operator;

(8) collect personal information;

(9) promote any act that constitutes a crime or gives rise to civil liability;

(10) breach these Subscription Terms of Service or any other policy and the like that we or the Channel Operator post;

(11) impede a third party’s use or enjoyment of the Subscription Service; or

(12) plan, instigate, or promote any of the above acts.

Article 7 (Termination)
If any of the following events occur, Subscription Service Users shall lose any rights that they had to use any content related to the Subscription Service. Also, when Subscription Service Users cancel their subscription to a Channel, they shall forfeit any rights they had to use the content with respect to any subscribers-only content from such Channel. We are not in any way obligated to compensate or indemnify Subscription Service Users with respect to any of the foregoing:

(1) if Subscription Service Users delete their account on the Service (the ZAIKO Service);
(2) if Subscription Service Users unsubscribe from the relevant Channel;
(3) if we suspend or delete Subscription Service Users’ accounts or take similar action;
(4) if the Channel Operator deletes any relevant content; or
(5) if the Channel is closed.

Article 8 (Suspension of Use)

  1. If Subscription Service Users breach the ZAIKO Terms of Service or these Subscription Terms of Service, we may limit their use of all or part of the Subscription Service or terminate their use of a Channel. Subscription Service Users consent to the foregoing in advance.
  2. Termination of Subscription Service Users’ use of a Channel under Article 8(1) does not entitle Subscription Service Users to a refund of the subscription fees paid with respect to such Channel for any reason.

Article 9 (Handling of Personal Information)

  1. We agree to handle any personal information or other information about Subscription Service Users that we obtain through their use of the Subscription Service in accordance with our Privacy Policy, and Subscription Service Users consent to such information being used in accordance with our Privacy Policy.
  2. We may provide the personal information or other information of Subscription Service Users that we obtain from them to a Channel Operator to the extent necessary for that Channel Operator to operate their respective Channel and to implement plans, events and the like. Subscription Service Users consent in advance to the foregoing.

Article 10 (Amendment)
We may amend or add to these Subscription Terms of Service, at our discretion, at any time. We will notify you of the amended Subscription Terms of Service by posting them to our website (https://zaiko.io) (includes any new domains or addresses to which we may change our website for any reason) or by another method unless other circumstances exist that we may set forth separately. The amended Subscription Terms of Service will take effect as of the time we specify.

Article 11 (Survival)
The provisions of Article 7, Article 8, Article 9, and any other provision that would reasonably be construed to survive the termination of the agreement by the nature of its content will remain in effect after the termination of the agreement.

[Updated November 18, 2020]



Zaiko Points Terms of Service
These Zaiko Points Terms of Service (“Zaiko Points Terms”) establish the terms and conditions of your use of Zaiko Points (“Points”) as a user of Zaiko’s Services (“you” or “your”) that are provided by ZAIKO K.K. (“ZAIKO,” “we”, “us,” or “our”). Capitalized terms used in these Zaiko Points Terms have the same meanings as defined in the ZAIKO Terms of Service unless otherwise defined herein.

Article 1 (Scope of Application)

  1. You hereby understand and agree to these Zaiko Points Terms before using the Points. We will deem that you have accepted these Zaiko Points Terms at the time you begin using the Services provided by Zaiko.
  2. In addition to these Terms of Service, the provisions of the ZAIKO Terms of Service apply and govern your use of the services pertaining to the Points provided under these Zaiko Points Terms (“Point Service”). If there is any inconsistency or conflict between these Zaiko Points Terms and the ZAIKO Terms of Service with respect to the Point Service, these Zaiko Points Terms shall prevail.

Article 2 (Granting of Points)

  1. You will be granted Points through your use of our Services to purchase Event Tickets or other Services that we specify, or through promotional campaigns that we run.
  2. We will determine which Event Tickets and which other Services are eligible for Points, the rate at which Points are granted, and other terms and conditions of the granting of Points. We will announce the foregoing information on our website that our company operates (https://zaiko.io (includes any domains and the like when and after any changes are made to the domain or the content of the website)) or by another method. You may check how many Points you currently hold through the ZAIKO website.

Article 3 (Use of Points)

  1. In order to use the Point Service, you must complete your member registration for “ZAIKO Premium.”
  2. You may use the Points as a payment method when purchasing Event Tickets pursuant to the conditions and procedures that we designate. Zaiko Points can be used to purchase Event Tickets and other Services that we designate at a rate of 1 point being equal to 1 Japanese yen.
  3. If you cancel any purchases of Event Tickets, the Points granted when you made that purchase will be deducted from your balance. If this causes your Points balance to become negative, you must pay the difference by the method that we specify.
  4. We will not reimburse, refund or convert to cash any Points that have been used, unless we determine that there is a need to do so at our sole discretion.
  5. If you terminate your ZAIKO Premium account, the Points associated with that ZAIKO Premium account will become invalid. We are in no way liable for any damages that you incur due to your points becoming invalid upon termination.

Article 4 (Collection, etc. of Personal Information)
We will be handling your personal information and other information regarding your use of your Points that we obtain from you through your use of the Point Service in accordance with our Privacy Policy (https://zaiko.io/privacy) and you consent to such information being used in accordance with our Privacy Policy.

Article 5 (Suspension of Use)

  1. We may, without providing you any notice, either suspend the use of all or a portion of any Points that you hold or render your Points to become invalid if you fall under any of the following circumstances:

(1) when you obtain Points through any unauthorized means, or use any Points upon having knowledge that such Points were obtained through unauthorized means;
(2) when any Points were falsified or forged;
(3) when you breach these Zaiko Points Terms or other terms of services established by us; or
(4) when we otherwise determine that it is appropriate to suspend your use of the Points.

  1. We are in no way liable for any losses or damages that you incur as a result of the provisions of the preceding paragraph.

Article 6 (Effective Period of Points)
The Points are valid for a period of six months from the date on which you obtain them. After such period lapses, the Points will become invalid and cannot be used. When this occurs, we will in no way be held liable with respect to any invalidated Points.

Article 7 (Cancellation or Suspension of Points)
We may cancel or suspend your use of the Points without providing you notice if we consider it necessary to cancel or suspend our system due to system maintenance or the failure of any communications lines, communications methods, or computers.

Article 8 (Amendment or Termination, etc. of these Zaiko Points Terms)

  1. We may amend or add to these Zaiko Points Terms at any time at our sole discretion. You will be notified after any amendments are made to these Zaiko Points Terms by the amendment being posted on our website (https://zaiko.io (includes any domains and the like when and after any changes are made to the domain or the content of the website)) or by another method . The amended Terms of Service will take effect as of the time we specify.
  2. We may amend or terminate any conditions and the like of our grant or your use of the Points at our convenience. Also, we may suspend the use of all or a portion of your Points as a result of any applicable amendment or termination.

Article 9 (No Assignment)
You may not assign or otherwise dispose of, or pledge or otherwise collateralize the Points.

Article 10 (Jurisdiction)
The Tokyo District Court has exclusive jurisdiction as the court of first instance with respect to any dispute that needs to be litigated in connection with the services to which these Terms of Service apply.

[Updated February 7, 2022]


Digitama Terms of Service
These Digitama Terms of Service (“Digitama Terms of Service”) establish the terms of use of our services related to Digitama (“Service”) provided by ZAIKO K.K. (“we,” “us” or “our”). Users shall read and agree to these Digitama Terms of Service in their entirety in order to use the Service.

Article 1 (Definitions)
The following terms are defined as follows in these Digitama Terms of Service.

(1) Website
Our website (https://zaiko.io/) (includes any domains and the like when and after any changes are made to the domain or the content of the website).

(2) Product
Collectively, the rights to use the Content and non-fungible tokens (“NFTs”) sold through the Service.

(3) Content
The images, videos, audio, music, and other content that the purchaser of a Product may view or listen to through the Service.

(4) Marketplace
The platform operated by us for transactions related to the Products.

(5) Content Holder
A person that holds the rights to the Content, creates (or generates) a Product, and first sells that Product through the Service.

(6) User
A person using the Service.

(7) Seller
A User that makes a Product available for sale through the Service.

(8) Purchaser
A User that purchases a Product through the Service.

(9) Intellectual Property Rights
Copyright (including the rights provided for in Article 27 and Article 28 of the Copyright Act of Japan), neighboring rights, patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights (including the right to acquire such rights and the right to apply for registration and the like of such rights), portrait rights, publicity rights, ideas, know-how, and the like.

Article 2 (Applicability of these Terms of Service)

  1. These Digitama Terms of Service apply to all interactions between us and Users in connection with Users’ use of the Service. Users may not use the Service unless they agree to these Terms of Service.
  2. Any rules applicable to the use of the Service that are posted on the Website constitute a part of these Digitama Terms of Service.
  3. If there is any inconsistency between the content of these Digitama Terms of Service and the rules referred to in Article 2(2) or other explanations or the like regarding the Service, these Digitama Terms of Service will prevail.

Article 3 (Amendment)

  1. We may amend these Digitama Terms of Service, at our sole discretion, at any time. When and after these Digitama Terms of Service are amended, we will notify Users by posting the amendments to the Website or by another method unless we separately set forth otherwise. The amended Digitama Terms of Service will take effect as of the time we specify.
  2. Users shall use the Services upon confirming the latest version of these Digitama Terms of Service from time to time.

Article 4 (Registration)

  1. A person who wishes to use the Service (“Registration Applicant”) shall agree to comply with these Digitama Terms of Service. Registration Applicants may apply to register to use the Services by providing us with certain information that we specify (“Registration Information”) by a method that we designate.
  2. We shall determine whether Registration Applicants that apply for registration (“Applicants”) can be registered according to criteria that we set forth separately. We shall notify Applicants if we accept their registration. An agreement to use the Service shall be executed between us and Users upon the issuance of the foregoing notice (“User Agreement”).
  3. We may refuse registration or re-registration if any Applicants fall under any of the following circumstances listed in the items below and we are in no way obligated to reveal the reason for such refusal:

(1) when failing to provide or submit the Registration Information or other necessary documents that we request;
(2) when all or part of the Registration Information that is provided is false, incorrect, or incomplete;
(3) when the Applicant is a minor, an adult ward, a person under curatorship, or a person under assistance and the Applicant has not obtained the consent of his or her statutory agent, guardian, curator, or assistant;
(4) if we determine that: the Applicant is an organized crime group, a member of an organized crime group, a person who ceased being a member of an organized crime group within the past five years, an associate member of an organized crime group, a company affiliated with an organized crime group, a corporate racketeer or the like, a corporate extortionist acting under the guise of a social movement, groups engaging in criminal activities under the pretext of social campaigns, crime groups specialized in intellectual crimes or a similar person or entity (“Antisocial Force, etc.”); the Applicant supports or operates any Antisocial Force, etc. by providing funds or through some other means; cooperates in the management of any Antisocial Force, etc.; has any social interactions with any Antisocial Force, etc.; or that there is a connection in any way with any Antisocial Force, etc.;
(5) if we determine that the Applicant has violated or was involved in violating an agreement with us in the past; or
(6) if we otherwise determine, based on reasonable grounds, that it is not appropriate to approve an Applicant’s registration.

Article 5 (Account Management)

  1. If we approve an Applicant’s registration, we will issue the Applicant an account that pertains to the Applicant’s use of the Service (“Account”).
  2. Users are responsible for managing and storing Account credentials, and shall not allow a third party to use the Account or lend, assign, rename, sell, or otherwise dispose of the Account. When the Services have been used by an Account that we issued, we will deem that the User that has registered to own the Account is the person that used the Services, even when used by a third party or the like other than the user that the account was issued to.
  3. When any damages are incurred due to inadequate management of a User’s Account or the use or the like of a User’s Account by any third parties, Users shall be responsible and be held liable for such damages. We shall not be held liable for such damages in any manner whatsoever.
  4. If Users determine that an Account has been stolen or is being used by a third party, Users shall notify us immediately and follow our instructions.

Article 6 (Use of External Services)

  1. Users may be able to use information that is registered on an account that he or she may own on an external service (including, but not limited to, Twitter and LINE) for registration and verification purposes for the Service. In such case, Users shall consent to us obtaining their registered information, including personal information from such external service.
  2. When Users use certain functions of external services when using the Service pursuant to the preceding paragraph or otherwise, Users shall comply with the terms of service of that external service in addition to these Digitama Terms of Service.
  3. With respect to the use of external services, the third party that provides the external service is responsible for such service. We do not offer any warranties with respect to any external service.

Article 7 (Details of the Service)

  1. Users may use the Service to purchase or sell Products. Products may only be purchased or sold through the Marketplace.
  2. After purchasing a Product, Purchasers have the authority to use the Content through the Service pursuant to these Digitama Terms of Service and other terms that we establish until Purchasers assign the Product to a third party under these Digitama Terms of Service.
  3. Sellers shall place a Product for sale by a method that we specify separately. Purchasers may purchase Products from a Content Holder or a Seller.
  4. By providing the Service, we only provide a platform and the opportunity to enter into agreements with respect to any Products and grant Purchasers of Products the right to use the Content. We are not a party to any agreements with respect to the purchase and sale of a Product. An agreement with respect to the purchase and sale of a Product (an agreement that sets forth the terms for payment of consideration and the like in exchange for rights and the like to use the Products) is formed between a Content Holder/Seller and a Purchaser when the parties agree on the terms and conditions of a given transaction (including, but not limited to, the price of the Product; the same applies hereinafter).
  5. We are in no way responsible for any dispute or other issue that arises between a Content Holder/Seller and a Purchaser with respect to any purchase and sale agreements of a Product. Also, while a Content Holder may provide special benefits to a Purchaser, we shall not be responsible in any manner whatsoever for any disputes or other issues that arise with respect to such special benefits.

Article 8 (Sales)

  1. Sellers shall pay the fees that we specify separately in order to sell a Product through the Service.
  2. After a purchase and sale agreement of a Product is formed, the Seller cannot cancel such agreement (includes revocation of an offer, rescission and termination; the same applies hereinafter) and shall not attempt to invalidate or rescind an executed transaction for any reason unless otherwise permitted by law.
  3. Sellers shall only use the Service to sell a Product that a Content Holder has previously created (generated) by using the Content or has sold through the Service. Users shall not use the Service to create (generate) or sell Products using their content.
  4. Sellers hereby authorize us to accept payment of the price of a Product (“Product Price”) on their behalf. Sellers shall not receive the Product Price from the Purchaser under any name or by any method.
  5. We will pay the Product Price that we received upon the Seller’s behalf as set forth in Article 8(4) upon deducting a service fee that we set forth separately by wiring such payment to an account that the Seller designates by a date that we set forth separately. However, if the payment date is a bank holiday, we will pay by the preceding day.
  6. We shall pay for any transfer fees associated with the payment set forth in Article 8(5).

Article 9 (Purchasing)

  1. Purchasers shall purchase Products through the Service pursuant to the terms of the transaction that they agreed upon with the Content Holder or Seller.
  2. Purchasers shall pay the Product Price to us, as the party authorized to receive payment on behalf of the Content Holder or Seller, by a date that we specify separately. Purchasers shall not pay the Product Price directly to the Content Holder or the Seller.
  3. After a purchase and sale agreement of a Product is executed, the Purchaser cannot cancel such agreement and cannot void or rescind the transaction for any reason unless otherwise permitted by law.
  4. The Purchaser shall pay for any fees associated with the payment of the Product Price.

Article 10 (Liability for Product Sales)

  1. Users shall be responsible and pay for resolving any disputes or problems that arise between a Content Holder and a Purchaser, between a Seller and a Purchaser or between Users and any third parties in connection with the sale of a Product, and we shall not be held liable for any such disputes or problems.
  2. If we are required to pay any costs (including but not limited to settlement payments, attorneys’ fees and the like) to resolve a dispute or problem in connection with the sale of a Product under Article 10(1), Users shall reimburse us for any amount of such costs that we specify. Users shall pay for any fees associated with payment of such costs.

Article 11 (Prohibited Acts)
When using the Service, Users hereby affirm that they shall not commit any of the following acts:

(1) any act related to a crime or violation of laws and ordinances;
(2) acts of fraud or intimidation against us, a Content Holder, another User, or a third party;
(3) any act that violates public morals;
(4) any act that infringes the Intellectual Property Rights, portrait rights, privacy rights, publicity rights, or other rights or interests of ours, a Content Holder, another User, or a third party;
(5) any act of using the Service to transmit any of the following information to us, a Content Holder, another User, or a third party:

(a) information that harms or infringes the reputation, credibility, or other rights and interests of us, a Content Holder, another User, or a third party;
(b) information that contains excessively violent or cruel expressions;
(c) information that contains a computer virus or other harmful computer program;
(d) information that contains obscene expressions;
(e) information that contains expressions promoting discrimination;
(f) information that is intended to disperse junk mail, spam mail, chain mail and the like to third parties;
(g) information that contains unlawful solicitation, advertising and the like;
(h) information that contains expressions that make others feel uncomfortable;
(i) information or acts that solicit another person to enter into a sexual, romantic or any other type of relationship; and
(j) information that violates laws and ordinances, guidelines, and other legal regulations;

(6) posting or transmission of computer programs intended to damage or interfere with the software, hardware and other functions used by a third party;
(7) any act that damages or interferes with the servers or network of the Service;
(8) unauthorized collection or accrual of third-party personal information, earnings records, or attribute data;
(9) use of the Service or information obtained through the Service for a purpose contrary to the purpose for which it is provided;
(10) use of a third party’s login information to use the Service;
(11) obtaining, disclosing, or providing a third party’s login information by any means; or
(12) entering into an agreement with respect to the purchase or sale of a Product without using the Service (including, but not limited to, direct negotiation with a Purchaser or Seller without using the Service and listing a Product on an external auction site).

Article 12 (Events of Default)

  1. If any of the following events occur, we may suspend or limit Users’ use of all or part of the Service, ban Users from using the Service in the future, suspend or delete the account of Users, or take any other action that we consider to be necessary and that would be deemed to be reasonable and objective:

(1) if Users breach any provision of these Digitama Terms of Service;
(2) if Users infringe the Intellectual Property Rights, portrait rights, privacy rights, or other rights of a third party;
(3) if all or part of Users’ Registration Information is found to be false;
(4) if Users suspend payments or become insolvent, or are subject to petitions that commence bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or any similar proceedings:
(5) if Users fail to respond to a communication from us that requires a response for 30 days or longer; or
(6) if we otherwise objectively determine, based on reasonable grounds, that a User’s continued use of the Service is not appropriate.

  1. If any of the events provided for in Article 12(1) arises, all of such User’s obligations to us will automatically be accelerated and immediately become due and payable.
  2. We shall not be held liable in any manner whatsoever for any damages that Users may incur due to an action that we take under this Article 12.

Article 13 (Intellectual Property Rights)

  1. All Intellectual Property Rights with respect to the Service and the Content are attributable to us or the third party that licenses those rights to us. Even by agreeing to these Digitama Terms of Service and using the Service, Users shall only acquire the right to use our Intellectual Property Rights, and Users shall not be granted an assignment or a license for any Intellectual Property Rights.
  2. Users do not have any rights or interests with respect to Intellectual Property Rights provided for in Article 13(1), except for any rights expressly granted to Users under these Digitama Terms of Service.

Article 14 (Modification or Termination of the Service)

  1. We may modify or add to all or a part of the content of the Service, without notifying Users in advance.
  2. We may terminate the Service at our discretion by giving prior notice to Users through the Service, our website, or any other method that we determine to be appropriate. However, we may not notify Users if the Service is terminated in an emergency.
  3. We are in no way liable for any damages that Users may incur due to our modification or termination of the Service under this Article 14.

Article 15 (Suspension or Interruption of the Service)

  1. We may temporarily suspend or interrupt all or part of the Service without notifying Users in advance, if:

(1) we conduct scheduled or emergency inspections or maintenance of the computer systems, communications equipment, and other equipment related to the Service;
(2) the provision of the Service is impeded due to a malfunction in a computer or communications line, human error, heavy traffic, unauthorized access, hacking, or the like;
(3) we need to ensure the security of our Users or a third party;
(4) a telecommunications carrier stops providing services to us;
(5) it becomes difficult to provide the Service due to a fire, earthquake, lightning strike, wind and flood damage, any other natural disaster, a war, conflict, insurrection, riot, labor dispute, or other force majeure; or
(6) we otherwise objectively determine, based on reasonable grounds, that it is not feasible to provide the Service.

  1. We shall not be held liable in any manner whatsoever for any damages that Users may incur due to the suspension or interruption of the Service under this Article 15.

Article 16 (Disclaimer of Guarantee)

  1. We offer no express or implied warranties whatsoever regarding fitness for any particular purpose that Users may specify, economic value (including the possibility of profiting from the sale of Products), accuracy, usefulness, completeness, legality, compatibility with internal regulations and the like of organizations that are applicable to Users, absence of security flaws, errors, bugs, and faults, or continued availability of the Service.
  2. We may publicize, post, notify and otherwise send out press releases, announcements, news, letters and the like (“Communications”) regarding the addition or alteration of features of the Service and other matters related to the development of services related to the Service. Communications made in any medium other than these Digitama Terms of Service do not guarantee in any manner whatsoever that any such features will be added to the Service or that any other matters will be implemented at the time of the Communications or in the future. We shall not be held liable to Users for failing to add any features or implement any matters that are announced by Communications.
  3. We do not guarantee that the Service is compatible with all devices and operating system versions. Users acknowledge in advance that there is a possibility that the Service may malfunction due to an operating system update on their device. If such a malfunction occurs, we do not guarantee that we can resolve such malfunction by modifying programs or any other means.
  4. We shall not be held liable in any manner whatsoever for any damages that may occur due to a malfunction of the systems used by the Service (including, but not limited to, the blockchain system, platforms and the like) or a related accident unless otherwise specified in these Digitama Terms of Service.
  5. Our liability for any damages that Users may incur in connection with the Service is limited to ordinary, direct and actual damages that Users actually incur, and we are in no way obligated to compensate Users for any special damages, lost profits, indirect damages, or attorneys’ fees.
  6. Any amount of damages that we may owe Users under Article 16(5) is further limited to the Product Price of the Product that Users most recently purchased prior to such damages surfacing.
  7. Notwithstanding the provisions of Article 16(6), if the Consumer Contract Act of Japan applies to the relationship between Users and us, Articles 16(5) and (6) shall only apply to any damages that Users may incur as a result of their slight negligence. If Users incur damages due to our willful misconduct or gross negligence, we will compensate Users for damages that were reasonably caused by our willful misconduct or gross negligence.

Article 17 (Elimination of Antisocial Forces)

  1. Users represent to us that they are not, and warrant that they will not in the future become an Antisocial Force, etc.
  2. Users hereby affirm to us that Users, themselves, or through a third party, shall not commit any of the acts set forth below:

(1) any violent demands;
(2) any unjust demands in excess of the scope of legal responsibility;
(3) any threatening behavior or violence in connection with the Service;
(4) the act of spreading of rumors, using fraudulent means, or using force to damage the reputation of the other party or to obstruct the other party's business affairs; or
(5) any other act associated with any of the foregoing items above.

  1. Users shall immediately notify us in writing upon the discovery of any fact contrary to the items of Articles 17(1) and (2).

Article 18 (Confidentiality)

  1. “Confidential Information” means any business or technical information, or any other information whatsoever associated with our business that Users obtain through or in connection with their use of the Service.
  2. Notwithstanding Article 18(1), Confidential Information does not include:

(1) information that Users already hold at the time of disclosure;
(2) information that is already public at the time of disclosure;
(3) information that becomes public after disclosure due to a reason not attributable to Users;
(4) information that Users lawfully obtain from a duly authorized third party; and
(5) information that Users create, devise, invent, develop, or obtain independently without reference to Confidential Information.

  1. Users shall maintain the confidentiality of all and every part of the Confidential Information, and Users shall not disclose or divulge the Confidential Information to a third party without our prior written consent. Users shall use the Confidential information solely for exercising their contractual rights and performing Users’ obligations under these Terms of Service, and not for any other purpose.

Article 19 (Handling of Personal Information)
We will handle Users’ personal information in accordance with laws and ordinances and our Privacy Policy that is set forth separately.

Article 20 (No Assignment)

  1. Users may not assign, transfer, collateralize, or otherwise dispose of their contractual status, rights, and obligations under these Digitama Terms of Service to a third party without our prior written consent.
  2. If we transfer the business pertaining to the Service to another company, we can, along with the transfer of the business, assign our contractual status under the User Agreement, our rights and obligations pursuant to these Digitama Terms of Service, Registration Information and other customer data to the recipient of such business transfer. Users hereby consent in advance that such transfers shall be allowed. The same applies to a corporate split or other form of transferring a business.

Article 21 (Notice)

  1. Any inquiry regarding the Service or other communication or notice from Users to us, and any notice of amendment of these Terms of Service or other communication or notice from us to Users, shall be by the method that we specify.
  2. If we send a communication or notice to Users via the email address or other contact details included in their Registration Information, we will deem Users to have received such communication or notice.

Article 22 (Language)

  1. Any translation of these Terms of Service that we provide is solely intended for Users’ convenience, and the relationship between Users and us is subject to the Japanese version of these Terms of Service.
  2. If there is any discrepancy or inconsistency between the Japanese version and any translation of these Terms of Service, the Japanese version will prevail.

Article 23 (Severability)
If any provision or part of these Terms of Service is found to be invalid or unenforceable under the Consumer Contract Act, the remaining provisions and parts not found to be invalid or unenforceable will remain in full effect.

Article 24 (Survival)
The provisions of Article 5(3), Article 6(3), Article 7(5), Article 10, Article 11, Article 12(2), Article 12(3), Article 13, Article 14(3), Article 15(2), Article 16, Article 18, Article 22, Article 23 and Article 25 will remain in effect even after the termination of the contract formed between us and Users based on these Terms of Service (irrespective of the reason for termination).

Article 25 (Governing Law; Jurisdiction)

  1. These Terms and Conditions and the relationship between Users and us hereunder are governed by the laws of Japan.
  2. The Tokyo District Court has exclusive jurisdiction as the court of first instance over all disputes in connection with these Terms of Service or the relationship between Users and us hereunder.

[Updated August 11, 2021]

 

Digitama Stubs Terms (Test Version) of Service (test version)
These Digitama Stubs Terms (Test Version) of Service (test version) (“Stubs Terms (Test Version)”) set forth the terms and conditions related to the use of the “Digitama Stubs” service (“Service”) that Zaiko K.K. (“Company”) (“we”, “us” or “our”) provides for certain events set forth below (“Target Event(s)”). In order to use the Services, Customers of the Services (“you”, “your”) shall agree to these Stubs Terms (Test Version) upon fully reading the entire text of these Terms. The Services for the Target Events shall be provided and implemented in the form of a test version before the official version of the Services are to be provided. The Services that you will be able to use in accordance with these Stubs Terms (Test Version) may differ from the content of the services of the official version. When we actually start providing the official version of the Services, please understand that you will be required to agree to the terms of service that are separately set forth regarding the official version of the Services in order to use the official version of the Services.

Target Event 1
Event Name: Club Matenrou Presents Premium Live 2021 X’mas Night
Date (of the Stream): December 24, 2021

Target Event 2
Event Name: Masaki Kanon Winter Live 2021
Date (of the Stream): December 19, 2021

Target Event 3
Event Name: Club Matenrou Presents Shinshun No Utage-Special Talk Show-
Date (of the Stream): January 29, 2022

Target Event 4
Event Name: Matenrou Opera Presents VALENTINE DAY LIVE 2022
Date (of the Stream): February 13, 2022

Target Event 5
Event Name: Matenrou Opera Presents WHITE DAY LIVE 2022
Date (of the Stream): March 13, 2022

Target Event 6
Event Name: Matenrou Opera Presents Urawa Narciss 40th Anniversary Live -DAY 1- (Club Matenrou only)
Date (of the Stream): April 2, 2022

Target Event 7
Event Name: Matenrou Opera Presents Urawa Narciss 40th Anniversary Live -DAY 2
Date (of the Stream): April 3, 2022

Target Event 8
Event Name: Rainbow Disco Club 2022
Date: April 29, 2022 - May 1, 2022


Article 1 (Definitions)
The significance of the terms that are set forth in each of the following items as they relate to the Stubs Terms (Test Version) shall be as they are defined in each of the following items. Unless otherwise indicated in these Stubs Terms (Test Version), the capitalized terms in these Stubs Terms (Test Version) shall have the same meaning as the definitions from the Zaiko Terms of Service (“Zaiko Terms”) that you agree to.

(1) “Website”
The website that we operate (https://zaiko.io/) (when there are any changes to the domain or the content of the website for any reason, includes the domain and the like after such changes).

(2) “Stubs”
An image of a symbol and ticket stub that has the same function as a ticket stub of Tickets of a Target Event that an Organizer sells through the Services and that is tied to a non-fungible token (“NFT”).

(3) “Ticket Image”
An image of a ticket stub that is included in Stubs.

(4) “Market”
The platform that we operate on which Stubs transactions occur.

(5) “Intellectual Property Rights”
Copyrights (includes the rights set forth in Articles 27 and 28 of the Copyright Act), neighboring rights, patent rights, utility model rights, trademark rights, design rights, other intellectual property rights (includes rights that were acquired and rights that are intended to be registered and the like), portrait rights, publicity rights, idea, know-how, etc.

Article 2 (Scope of these Stubs Terms (Test Version))

  1. These Stubs Terms (Test Version) shall apply to every aspect of the provision of the Services in connection with the relationship between us and you. You shall not be able to use the Services unless you agree to these Stubs Terms (Test Version).
  2. Any rules relating to the use of the Services that we post on the Website shall constitute a part of these Stubs Terms (Test Version).
  3. If there are any inconsistencies between the content of these Stubs Terms (Test Version), the rules referred to in Article 2(2) and any explanations and the like of the Services that were provided outside of these Stubs Terms (Test Version), the provisions of these Stubs Terms (Test Version) shall prevail.
  4. In order to use the Services, you shall agree to the Zaiko Terms in addition to these Stubs Terms (Test Version). The Zaiko Terms shall set forth the terms and conditions related to the sale and the like of Tickets and other matters.

Article 3 (Amendment of these Stubs Terms (Test Version))

  1. We shall have the right to change the content of these Stubs Terms (Test Version) at any time at our sole discretion. We shall provide notice regarding any terms of service that were amended by posting on our website or by another method, unless other circumstances exist that we set forth separately. The amended terms of service shall be effective as of the time we specify.
  2. You shall use the Services upon confirming the latest version of these Stubs Terms (Test Version) from time to time.

Article 4 (Transition to the Official Launch Version)

  1. When we actually launch the official version of the Services, you may use the official version of the Services by agreeing to the terms of service that we set forth separately regarding the official version of the Services.
  2. These Stubs Terms (Test Version) shall no longer be effective at the time when you commence the use of the official version of the Services in accordance with Article 4(1). The terms of service that we separately set forth regarding the official version of the Services shall apply to your use of the official version of the Services.

Article 5 (Registration)

  1. You shall register as a member of the “Digitama” service that we provide in order for you to be able to use the Service. If you desire to use the Service, you shall also agree to the Digitama Terms of Service that we set forth separately. Matters relating to member registration and other matters relating to the use of the Digitama service shall be as set forth in the Digitama Terms of Service.
  2. While using the Service, you shall not be able to withdraw as a member of the Digitama service. If you withdraw as a member of the Digitama service, we shall deem that you have chosen to terminate your use of the Service and you will no longer be able to use the Service.
  3. You may continue to use the Digitama service even upon choosing to terminate the use of the Service.

Article 6 (Content of the Services)

  1. You may purchase Stubs using the Service while purchasing Tickets. Those of you who did not purchase Tickets may not purchase Stubs from an Organizer. Stubs can only be purchased on the Market.
  2. After purchasing Stubs, you have the right to use Stubs and the Ticket Image on the Service in accordance with these Stubs Terms (Test Version) and other policies set forth by us.
  3. We merely provide a location and the opportunity for you to enter into agreements related to Stubs through the Services. We are not a party to any contracts pertaining to the sale of Stubs. You are entering into a purchase and sale agreement with the Organizer with respect to the sale of Stubs when you and the Organizer mutually agree upon the terms and conditions of such transaction (including but not limited to the payment amount for Stubs; the same applies hereinafter).
  4. Notwithstanding Article 6(3), we may set a minimum transaction value with respect to the price of Stubs. In such case, you shall only engage in transactions relating to Stubs of an amount that is equal to or higher than such minimum transaction value.
  5. We shall not be held liable in any manner whatsoever for any and all disputes or trouble that arises between you and the Organizer in connection with purchase and sale agreements of Stubs. Also, while Organizers may provide special benefits to you, we shall not be held liable in any manner whatsoever for any and all disputes or trouble relating to the provision of such special benefits.

Article 7 (Purchasing)

  1. You shall purchase Stubs under the terms and conditions of the transaction that you agreed upon with the Organizer through the Services.
  2. You shall pay the price for Stubs by the date that we set forth separately to us. We have been granted the right to receive payments from Stubs by the Organizer. You shall not directly pay the price for Stubs to the Organizer.
  3. After you enter into a purchase and sale agreement for Stubs, you shall not be able to cancel such purchase and sale agreement and shall not claim that the executed transaction is void or cancelled for any reason other than instances that are allowed for by law.
  4. You shall pay the various fees pertaining to the payment of the price of Stubs.

Article 8 (Responsibilities relating to Sales)

  1. Regarding the sales of Stubs, you shall be responsible for and pay for resolving any and all disputes and trouble between you and an Organizer, you and another Customer and you and a third party (including disputes and trouble between Customers). We shall not be held liable in any manner whatsoever.
  2. If we end up paying for any fees (including but not limited to settlement fees and attorneys’ fees) that are necessary to resolve such disputes and trouble that are caused by disputes and trouble related to the sale of Stubs as set forth in Article 8(1), you shall pay the amount that we designate of the fees that we paid. Any fees associated to such payments shall be paid by you.

Article 9 (Prohibited Matters) 
When using the Service, you hereby affirm that you shall not commit any of the following acts:

(1) any act related to a crime or violation of laws and regulations;
(2) acts of fraud or intimidation against us, an Organizer, another Customer, or a third party;
(3) any act that violates public morals;
(4) any act that infringes the Intellectual Property Rights, portrait rights, privacy rights, publicity rights, or other rights or interests of ours, an Organizer, another Customer, or a third party;
(5) any act of using the Service to transmit any of the following information to us, an Organizer, another Customer, or a third party:

  • information that harms or infringes the reputation, credibility, or other rights and interests of us, an Organizer, another Customer, or a third party;
  • information that contains excessively violent or cruel expressions;
  • information that contains a computer virus or other harmful computer program;
  • information that contains obscene expressions;
  • information that contains expressions promoting discrimination;
  • information that is intended to be dispersed as junk mail, spam mail, chain mail and the like to third parties;
  • information that contains unlawful solicitation, advertising and the like;
  • information that contains expressions that make others feel uncomfortable;
  • information or acts that solicit another person to enter into a sexual, romantic or any other type of relationship; and
  • information that violates laws and regulations, guidelines, and other legal regulations;

(6) any act of posting or transmitting computer programs intended to damage or interfere with the software, hardware and other functions used by a third party;
(7) any act that damages or interferes with the servers or network of the Service;
(8) any act of collecting or accumulating any third-party personal information, earnings records, or attribute data;
(9) any act of using the Service or information obtained through the Service for a purpose that runs contrary to the purpose for which it is provided;
(10) any act of using a third party’s login information to use the Service;
(11) any act of obtaining, disclosing, or providing a third party’s login information by any means; or
(12) the act of entering into a purchase and sale agreement relating to Stubs without using the Service.

Article 10 (Measures to be Taken upon Breach of Terms)

  1. In the case where you fall under any of the following circumstances, we shall have the right to require you to stop or restrict your use of all or part of the Services that you are using, prohibit your use of the Services in the future, suspend or delete your account or take any other necessary, reasonable and objective measures.
    • When you violate any of the provisions of these Stubs Terms (Test Version)
    • When there are concerns that you have infringed the Intellectual Property Rights, portrait rights, privacy rights or any other rights of third parties
    • When it is discovered that all or a part of the Registration Information that you provided is false
    • When your payments are suspended or do not go through, or when you are subject to petitions that commence bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or any similar proceedings
    • When you fail to respond to a communication from us that requires a response for 30 days or longer; or
    • When we otherwise objectively determine, based on reasonable grounds, that your continued use of the Service is not appropriate.
  2. If any of the events provided for in Article 10(1) arise, all of your obligations to us will automatically be accelerated and immediately become due and payable.
  3. We are in no way liable for any damages that you may incur due to an action that we take under this Article 10.

Article 11 (Intellectual Property Rights)

  1. All Intellectual Property Rights with respect to the Service and Ticket Images are attributable to us or the third party that licenses those rights to us. Even by agreeing to these Stubs Terms (Test Version) and using the Service, you shall only acquire the right to use our Intellectual Property Rights, and you shall not be granted an assignment or a license for any Intellectual Property Rights.
  2. You do not have any rights or interests with respect to Intellectual Property Rights provided for in Article 11(1), except for any rights expressly granted to you under these Stubs Terms (Test Version).

Article 12 (Modification or Termination of the Service)

  1. We may modify or add to all or part of the content of the Service without notifying you in advance.
  2. We may terminate the Service at our sole discretion by giving prior notice to you through the Service, our website, or any other method that we determine to be appropriate. However, we may not notify you if the Service is terminated in an emergency.
  3. We are in no way liable for any damages that you may incur due to our modification or termination of the Service under this Article 12.

Article 13 (Suspension or Interruption of the Service)

  1. We may temporarily suspend or interrupt all or part of the Service without notifying you in advance, if:
    • we conduct scheduled or emergency inspections or maintenance of the computer systems, communications equipment and other equipment related to the Service;
    • the provision of the Service is impeded due to a malfunction in a computer or communications line, human error, heavy traffic, unauthorized access, hacking or the like;
    • we need to ensure the security of our customers or a third party;
    • a telecommunications carrier stops providing services to us;
    • it becomes difficult to provide the Service due to a fire, earthquake, lightning strike, wind and flood damage, any other natural disaster, a war, conflict, insurrection, riot, labor dispute, or other force majeure; or
    • we otherwise objectively determine, based on reasonable grounds, that it is not feasible to provide the Service.
  1. We shall not be held liable in any way for any damages that you may incur due to the suspension or interruption of the Service under this Article 13.

 Article 14 (Disclaimer of Guarantee and Indemnification)

  1. We offer no express or implied warranties whatsoever regarding: the fitness for any particular purpose that you may specify; economic value (including the possibility of profiting from the sale of Stubs); accuracy; usefulness; completeness; legality; compatibility with internal rules and regulations applicable to you; absence of security flaws, errors, bugs and defects; or the continued availability of the Service.
  2. We may publicize, post or otherwise send out press releases, announcements, news, letters and the like (“Communications”) regarding the addition or alteration of features of the Service, the development of services related to the Service, or similar topics. Communications made in any medium other than these Stubs Terms (Test Version) do not guarantee in any manner whatsoever that any such features will be added to the Service or that any other matters will be implemented at the time of the Communications or in the future. We shall not be held liable to you for failing to add any features or implement any matters that are announced by Communications.
  3. We do not guarantee that the Service is compatible with all devices and operating system versions. You acknowledge in advance that there is a possibility that the Service may malfunction due to an operating system update on your device. If such a malfunction occurs, we do not guarantee that we can resolve such malfunction by modifying programs or any other means.
  4. We shall not be held liable in any manner whatsoever for any damages that may occur due to a malfunction of the systems used by the Service (including, but not limited to, the blockchain system, platforms and the like) or a related accident unless otherwise specified in these Stubs Terms (Test Version).
  5. Our liability for any damages that you may incur in connection with the Service is limited to ordinary, direct and actual damages that you actually incur, and we are in no way obligated to compensate you for any special damages, lost profits, indirect damages, or attorneys’ fees.
  6. Any amount of damages that we may owe you under Article 14(5) is further limited to the amount pertaining to the Stubs transaction that you most recently entered into prior to such damages surfacing.
  7. Notwithstanding the provisions of Article 14(6), if the Consumer Contract Act of Japan applies to the relationship between you and us, Articles 14(5) and (6) shall only apply to any damages that you may incur as a result of your slight negligence. If you incur damages due to our willful misconduct or gross negligence, we will compensate you for damages that were reasonably caused by our willful misconduct or gross negligence.

Article 15 (Exclusion of Antisocial Forces)

  1. You hereby represent that you are not and warrant that you will not in the future be an organized crime group, a member of an organized crime group, a person who ceased being a member of an organized crime group within the past five years, an associate member of an organized crime group, a company affiliated with an organized crime group, a corporate racketeer or the like, a corporate extortionist acting under the guise of a social movement, groups engaging in criminal activities under the pretext of social campaigns, crime groups specialized in intellectual crimes or a similar person or entity (“Antisocial Force, etc.”).
  2. You hereby affirm to us that you, yourself, or through a third party, shall not commit any of the acts set forth in the following items:
    • any violent demands;
    • any unjust demands that exceed the scope of legal responsibility;
    • any threatening behavior or violence in connection with the Service;
    • the act of spreading of rumors, using fraudulent means, or using force to damage the reputation of the other party or to obstruct the other party's business affairs; or
    • any other act associated with any of the foregoing items above.
  1. You shall immediately notify us in writing upon the discovery of any fact that violates any of the provisions of Articles 15(1) and (2).

 Article 16 (Confidentiality)

  1. “Confidential Information” means any business or technical information, or any other information whatsoever associated with our business that you obtain through or in connection with your use of the Service.
  2. Notwithstanding Article 16(1), Confidential Information does not include:
    • any information that you already hold at the time of disclosure;
    • any information that is already public at the time of disclosure;
    • any information that becomes public after disclosure due to a reason not attributable to you;
    • any information that you lawfully obtain from a duly authorized third party; and
    • any information that you create, devise, invent, develop, or obtain independently without reference to Confidential Information.

Article 17 (Handling of Personal Information)
We will handle your personal information in accordance with laws and ordinances and our Privacy Policy that is set forth separately.

Article 18 (No Assignment)

  1. You may not assign, transfer, collateralize, or otherwise dispose of your contractual status, rights, and obligations under these Stubs Terms (Test Version) to a third party without our prior written consent.
  2. If we transfer the business pertaining to the Service to another company, we can, along with the transfer of the business, assign our contractual status under your User Agreement with us, our rights and obligations pursuant to these Stubs Terms (Test Version), Registration Information and other customer data to the recipient of such business transfer. You hereby consent in advance that such transfers shall be allowed. The foregoing applies to a corporate split or other form of transferring a business.

Article 19 (Notice)

  1. Any inquiry regarding the Service or other communication or notice from you to us, any notice of amendments to these Stubs Terms (Test Version) or any other communication or notice from us to you shall be by the method that we specify.
  2. If we send a communication or notice to you via the email address or other contact details included in your Registration Information, we will deem that you have received such communication or notice.

Article 20 (Language)

  1. Any translation of these Terms of Service that we provide is solely intended for your convenience, and the relationship between you and us is subject to the Japanese version of these Terms of Service.
  2. If there is any discrepancy or inconsistency between the Japanese version and any translation of these Stubs Terms (Test Version), the Japanese version will prevail.

Article 21 (Severability)
If any provision or part of these Stubs Terms (Test Version) is found to be invalid or unenforceable under the Consumer Contract Act or any other laws or regulations, the remaining provisions and parts not found to be invalid or unenforceable will remain in full effect.

Article 22 (Survival)
The provisions of Article 6(5), Article 8, Article 9, Article 10(2)-(3), Article 11, Article 12(3), Article 13(2), Article 14, Article 16, Article 18, Article 19, Article 20, Article 21, this Article 22, and Article 23 will remain in effect even after the termination of the contract formed between us and you based on these Stubs Terms (Test Version) (irrespective of the reason for termination).

Article 23 (Governing Law; Jurisdiction)

  1. These Terms and Conditions and the relationship between you and us hereunder are governed by the laws of Japan.
  2. The Tokyo District Court has exclusive jurisdiction as the court of first instance over all disputes in connection with these Terms of Service or the relationship between you and us hereunder.

[Updated March 11, 2022]


ONEFAN Terms of Service
These ONEFAN Terms of Service (“ONEFAN Terms of Service”) establish the terms of use of our services related to ONEFAN (“Service”) provided by ZAIKO K.K. (“we,” “us” or “our”). Users shall read and agree to these ONEFAN Terms of Service in their entirety in order to use the Service.
The terms of Chapters 1, 2, and 4 apply to Users who are Creators (defined in Article 1(iii)), and the terms of Chapters 1, 3, and 4 apply to Users who are Fans (defined in Article 1(iv)).
Any capitalized terms that are not defined herein shall be those terms that are defined in the ZAIKO Terms of Service that Users have separately agreed to. These ONEFAN Terms of Service are incorporated by reference into the ZAIKO Terms of Service.


Chapter 1: Common Provisions
The provisions of this Chapter 1 apply to the use of the Service by both Creators (defined in Article 1(iii)) and Fans (defined in Article 1(iv)).

Article 1 (Definitions)
The following terms are defined as follows in these ONEFAN Terms of Service.

(1) User
A person using the Service, including both Creators and Fans.

(2) Subscription Service
A service that can be used by paying a fixed fee.

(3) Creator
A User that provides a Subscription Service to Fans using the Service.

(4) Fan
A User that purchases Subscription Services provided by Creators using the Service.

(5) Subscription
A Subscription Service provided by a Creator to Fans using the Service.

(6) ONEFAN ID
A symbol (such as a number) and image that have the function of identifying a member of a Subscription, which collectively are linked to a non-fungible token (“NFT”).

(7) Marketplace
Means the platform operated by us for the trading of ONEFAN IDs.

(8) Intellectual Property Rights
Copyright (including the rights provided for in Article 27 and Article 28 of the Copyright Act of Japan), neighboring rights, patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights (including the right to acquire such rights and the right to apply for registration and the like of such rights), portrait rights, publicity rights, ideas, know-how, and the like.

Article 2 (Applicability of these ONEFAN Terms of Service)

  1. These ONEFAN Terms of Service apply to all interactions between us and Users in connection with Users’ use of the Service. Users may not use the Service unless they agree to these ONEFAN Terms of Service.
  2. Any rules applicable to the use of the Service that are posted on the website or application through which the Service is provided (collectively, the “Website”) constitute a part of these ONEFAN Terms of Service.
  3. If there is any inconsistency between the content of these ONEFAN Terms of Service and the rules referred to in Article 2(2) or other explanations or the like regarding the Service, these ONEFAN Terms of Service will prevail.

Article 3 (Amendment)

  1. We may amend these ONEFAN Terms of Service, at our sole discretion, at any time. When and after these ONEFAN Terms of Service are amended, we will notify Users by posting the amendments to the Website or by another method unless we separately set forth otherwise.
  2. The amended ONEFAN Terms of Service will take effect as of the time we specify.

Article 4 (ONEFAN User Registration)

  1. A person who wishes to use the Service (“Registration Applicant”) shall agree to comply with these ONEFAN Terms of Service. Registration Applicants may apply to register to use the Services by providing us with certain information that we specify (“Registration Information”) by a method that we designate. In order to use the Service, a Registration Applicant shall agree to the ZAIKO Terms of Service and separately register as a user of the ZAIKO Service that we provide.
  2. We shall determine whether Registration Applicants that apply for registration (“Applicants”) can be registered according to criteria that we set forth separately. We shall notify Applicants if we accept their registration. An agreement to use the Service shall be executed between us and Users upon the issuance of the foregoing notice (“User Agreement”).
  3. We may refuse registration or re-registration if any Applicants fall under any of the following circumstances listed in the items below and we are in no way obligated to reveal the reason for such refusal:

(1) when failing to provide or submit the Registration Information or other necessary documents that we request;
(2) when all or part of the Registration Information that is provided is false, incorrect, or incomplete;
(3) when the Applicant is a minor, an adult ward, a person under curatorship, or a person under assistance and the Applicant has not obtained the consent of his or her statutory agent, guardian, curator, or assistant;
(4) if we determine that: the Applicant is an organized crime group, a member of an organized crime group, a person who ceased being a member of an organized crime group within the past five years, an associate member of an organized crime group, a company affiliated with an organized crime group, a corporate racketeer or the like, a corporate extortionist acting under the guise of a social movement, groups engaging in criminal activities under the pretext of social campaigns, crime groups specialized in intellectual crimes or a similar person or entity (“Antisocial Force, etc.”); the Applicant supports or operates any Antisocial Force, etc. by providing funds or through some other means; cooperates in the management of any Antisocial Force, etc.; has any social interactions with any Antisocial Force, etc.; or that there is a connection in any way with any Antisocial Force, etc.;
(5) if we determine that the Applicant has violated or was involved in violating an agreement with us in the past; or
(6) if we otherwise determine, based on reasonable grounds, that it is not appropriate to approve an Applicant’s registration.

Article 5 (Account Management)

  1. If we approve an Applicant’s registration, we will issue the Applicant an account that pertains to the Applicant’s use of the Service (“Account”).
  2. Users are responsible for managing and storing Account credentials, and shall not allow a third party to use the Account or lend, assign, rename, sell, or otherwise dispose of the Account. When the Services have been used by an Account that we issued, we will deem that the User that has registered to own the Account is the person that used the Services, even when used by a third party or the like other than the user that the account was issued to.
  3. When any damages are incurred due to inadequate management of a User’s Account or the use or the like of a User’s Account by any third parties, Users shall be responsible and be held liable for such damages. We shall not be held liable for such damages in any manner whatsoever.
  4. If Users determine that an Account has been stolen or is being used by a third party, Users shall notify us immediately and follow our instructions.

Article 6 (Use of External Services)

  1. Users may be able to use information that is registered on an account that he or she may own on an external service (including, but not limited to, Twitter and LINE) for registration and verification purposes for the Service. In such case, Users shall consent to us obtaining their registered information, including personal information from such external service.
  2. When Users use certain functions of external services when using the Service pursuant to the preceding paragraph or otherwise, Users shall comply with the terms of service of that external service in addition to these ONEFAN Terms of Service. If the external service provided by the payment processing company, Stripe, Inc., is used, Users will be treated as an “incorporated entity” or a “sole proprietor” in connection with that company with respect to the use of that external service.
  3. With respect to the use of external services, the third party that provides the external service is responsible for such service. We do not offer any warranties with respect to any external service.

 

Chapter 2: Use of the Service by Creators
The provisions of this Chapter 2 apply to the use of the Service by Creators.

Article 7 (Commission)

  1. Creators shall commission us to perform, and we shall undertake to perform, the following work with respect to the use of the Service (the “Work”). The details of each item of work are provided for separately in Article 8 and subsequent Articles:

(1) sale of Subscriptions and upgrades to Fans through the Website and issuance and upgrading of ONEFAN IDs;
(2) management of purchaser information related to Subscriptions;
(3) providing to Fans the opportunity to trade and upgrade ONEFAN IDs through the Website; and
(4) any other administration and operations that are incidental to the above.

  1. We may subcontract all or part of the Work to a third party, and Creators consent in advance to such subcontracting.

Article 8 (Provision of Subscriptions)

  1. Creators may use the Service to sell Subscriptions to Fans.
  2. An Agreement with respect to the use of a Subscription ( “Subscription Agreement”) is formed between the Creator and the Fan. We are not a party to any Subscription Agreement.
  3. Creators shall separately set forth the fixed fee and other terms and conditions of a Subscription Agreement.
  4. Creators shall be responsible and pay for resolving any disputes or problems that arise between a Creator and a Fan or other third party (including another Creator) in connection with the purchase, operation, and the like of a Subscription, and we shall not be held liable for any such disputes or problems.

Article 9 (Payment Agent Services)

  1. Creators hereby authorize us to accept payment of the fixed fee for a Subscription (“Subscription Fee”) on their behalf. Based on such authorization, we shall receive payment of the Subscription Fee from Fans on behalf of Creators. Creators shall not receive the Subscription Fee from Fans under any name or by any method.
  2. We will pay the Subscription Fee that we received upon the Creator’s behalf as set forth in Article 9(1) upon deducting a service fee that we set forth in the Schedule as part of the compensation for the Work (the “Subscription Commission”) by wiring such payment to an account that the Creator designates by the date set forth in the Schedule. However, if the payment date is a bank holiday, we will pay by the preceding day. We shall pay for any transfer fees.

Article 10 (ONEFAN ID)

  1. When a Subscription Agreement is executed between a Creator and a Fan, we shall issue a ONEFAN ID to the Fan on the Creator’s behalf.
  2. Fans have the authority to use the ONEFAN ID through the Service pursuant to these ONEFAN Terms of Service and other terms that we establish on behalf of Creators. Creators grant to us the copyright, moral rights of authors, portrait rights, publicity rights, and all other rights whatsoever necessary for the use of the ONEFAN ID by the Fan, throughout the world, for as long as the Subscription is provided.
  3. Creators shall provide material for the ONEFAN ID image when issuing a ONEFAN ID (the “Material”).
  4. Creators represent and warrant to us that the Creator lawfully holds, or licenses from the lawful holder, any worldwide copyrights, moral rights of authors, portrait rights, publicity rights, and all other rights whatsoever with respect to the Material during the effective period with respect to any rights related to the Material, and the use of the Material under these ONEFAN Terms of Service does not breach any contract with a third party. If any third party asserts rights or otherwise makes a complaint with respect to the Material, Creators shall resolve that issue at the Creator’s own responsibility and cost, and compensate us for any and all damage incurred by us (including reasonable legal fees).
  5. If a contract or other agreement between a Creator and an author, performer, holder of portrait rights, or other party with an interest in processing the rights set forth in Article 10(4) (including, without limitation, a talent that is exclusively affiliated to an agency, an artist, or an athlete) that includes provisions with respect to the foregoing processing of rights is terminated, expires, or is succeeded by a third party, or if a similar event occurs (including, without limitation, the transfer, resignation, or retirement of a talent that is exclusively affiliated to an agency, an artist, or an athlete), the Creator shall promptly report such matters to us and take measures (including, without limitation, providing alternative materials for the ONEFAN ID and rights management), at the Creator’s own responsibility and cost, to ensure that the use of the Service is not affected during the License Period.

Article 11 (Trading)

  1. Creators shall provide to Fans the opportunity to trade ONEFAN IDs with another Fan with the same Subscription on the Marketplace. Fans may trade ONEFAN IDs on the Marketplace at their own discretion; provided, however, that we may set a minimum transaction price for a trade.
  2. By providing the Service, we only provide a platform and the opportunity to enter into agreements with respect to a ONEFAN ID. We are not a party to any trading of ONEFAN IDs. A sale agreement with respect to a ONEFAN ID trade (an agreement that sets forth terms including the assignment of the rights to use the ONEFAN ID and the payment of consideration in exchange for that assignment) is formed between Fans when the Fans agree on the terms and conditions of a ONEFAN ID trade (including, but not limited to, the price; the same applies hereinafter).
  3. We will receive payment of the Trade Price upon the behalf of the Fan receiving the consideration for the trade (the “Trade Price”). We shall pay the Trade Price to that Fan upon deducting a fee that we set forth separately (the “Trade Fee”).
  4. We will pay the Trade Fee to the Creator upon deducting our commission determined at a rate that we set forth separately as part of the compensation for the Work (the “Trade Commission”), by wiring such payment to an account that the Creator designates by a date that we set forth separately. However, if the payment date is a bank holiday, we will pay by the preceding day. We shall pay for any transfer fees.

Article 12 (Upgrade)

  1. When a Fan suspends or terminates his or her use of Subscription Services in connection with his or her ONEFAN ID by a method that is set forth by us separately and such ONEFAN ID number becomes vacant (“Vacant ID”), Creators may provide an opportunity for other Fans of the Subscription to upgrade their ONEFAN ID number and acquire a ONEFAN ID number that is smaller than the one he or she currently has (“Upgrade Right”).
  2. A Fan that receives the Upgrade Right may acquire the a ONEFAN ID number that is smaller than the one he or she currently has by exercising the Upgrade Right within the exercise period that we set forth separately.
  3. An agreement with respect to the upgrade is formed between the Creator and the Fan that exercises the Upgrade Right. Creators hereby authorize us to accept payment of the fee for exercising the Upgrade Right (the “Upgrade Fee”) on their behalf. Based on such authorization, we shall receive payment of the Upgrade Fee from Fans on behalf of Creators. Creators shall not receive the Upgrade Fee from the Fan under any name or by any method.
  4. We will pay the Upgrade Fee that we received upon the Creator’s behalf as set forth in Article 9(1) upon deducting a service fee that we set forth in separately as part of the compensation for the Work (the “Upgrade Commission”) by wiring such payment to an account that the Creator designates by a date set separately. However, if the payment date is a bank holiday, we will pay by the preceding day. We shall pay for any transfer fees.

Article 13 (Liability for Trades, etc.)

  1. Creators shall be responsible and pay for resolving any disputes or problems that arise between a Creator and a Fan or between Creators and any third parties (including disputes or problems between Creators) in connection with the trading of ONEFAN IDs, upgrading to a Vacant ID, and the like, and we shall not be held liable for any such disputes or problems.
  2. If we are required to pay any costs (including but not limited to settlement payments, attorneys’ fees and the like) to resolve a dispute or problem under Article 13(1), Creators shall reimburse us for any amount of such costs that we specify. Creators shall pay for any fees associated with payment of such costs.

Article 14 (Misuse of Credit Cards)

  1. If there is a chargeback (refers to where a credit card company cancels the approval for a payment due to unauthorized use of the card or other reasons) with respect to a credit card purchase, we may return to the credit card company the amount credited by the credit card company, at our sole discretion, without any notice to the Creator.
  2. If a chargeback occurs under Article 14(1) before the Creator receives the Subscription Fee, Trade Fee, Upgrade Fee, or other payment, we shall deduct the amount to be returned through the chargeback from the total amount to be paid to the Creator. If the chargeback occurs after the Creator receives payment, the Creator shall pay to us the amount to be returned through the chargeback by a date that we specify.


Chapter 3: Use of the Service by Fans
The provisions of this Chapter 3 apply to the use of the Service by Fans.

Article 15 (Use of Subscriptions)

  1. Users may use the Service to use the Subscription provided by Creators.
  2. In order to use a Subscription, Users shall purchase the Subscription by the method set forth separately. Fans shall pay the fixed fee for a Subscription (“Subscription Fee”) as consideration for receiving the right to use the Subscription through the Service and the ONEFAN ID.
  3. Any agreement with respect to the use of a Subscription (a “Subscription Agreement”) is formed between the Creator and the Fan. We are not a party to any Subscription Agreement.
  4. Creators shall separately set forth the fixed fees and other terms and conditions of a Subscription Agreement.
  5. When a Subscription Agreement is formed, we are authorized by Creators to accept payment of the Subscription Fee on their behalf, and will receive payment of the Subscription Fee from Fans. Fans shall pay the Subscription Fee by the method that we designate, and shall not pay the Subscription Fee directly to the Creator under any name or by any method.
  6. Creators may modify the content of a Subscription or cease to provide a Subscription, at their sole discretion, at any time, including after the trading of a ONEFAN ID under Article 17 and after the upgrading of a ONEFAN ID under Article 18. We shall not be held liable even if a Creator modifies the content of a Subscription or ceases to provide a Subscription.
  7. Fans shall be responsible and pay for resolving any disputes or problems that arise between a Fan and a Creator or other third party (including another Fan) in connection with the purchase, operation, and the like of a Subscription, and we shall not be held liable for any such disputes or problems.

Article 16 (ONEFAN ID)

  1. When a Subscription Agreement is executed between a Creator and a Fan, we shall issue a ONEFAN ID to the Fan on the Creator’s behalf.
  2. Fans have the authority to use the ONEFAN ID through the Service pursuant to these ONEFAN Terms of Service and other terms that we establish on behalf of Creators.
  3. If the Creator ends the Subscription, the Fan terminates the Subscription Agreement, or the Fan deregisters from ZAIKO, that Fan will lose the right to use the ONEFAN ID under Article 16(2). We shall not be held liable in such case.

Article 17 (Trading)

  1. Fans may trade ONEFAN IDs with another Fan with the same Subscription using the Service. ONEFAN IDs may only be traded through the Marketplace.
  2. By providing the Service, we only provide a platform and the opportunity to enter into agreements with respect to a ONEFAN ID. We are not a party to any trading of ONEFAN IDs. A sale agreement with respect to a ONEFAN ID trade (an agreement that sets forth terms including the assignment of the rights to use the ONEFAN ID and the payment of consideration in exchange for that assignment) is formed between Fans when such Fans agree to the terms and conditions of a ONEFAN ID trade (including but not limited to the price; the same applies hereinafter).
  3. After a sale agreement for a ONEFAN ID trade is formed, the Fan cannot cancel such agreement (includes revocation of an offer, rescission and termination; the same applies hereinafter) and shall not attempt to invalidate or rescind an executed transaction for any reason unless otherwise permitted by law.
  4. If Fans wish to trade a ONEFAN ID, the Fan receiving the consideration for the trade (the “Trade Price”) hereby authorizes us to accept payment of the Trade Price on their behalf. Fans shall not receive the Trade Price from the other party to the trade under any name or by any method. The Fan paying the Trade Price shall pay for any transfer fees required to send the Trade Price to us.
  5. We will pay the Trade Price that we received upon the Fan’s behalf as set forth in Article 17(4) upon deducting a fee that we set forth separately (the “Trade Fee”) by wiring such payment to an account that the Fan receiving the Trade Fee designates by a date that we set forth separately. However, if the payment date is a bank holiday, we will pay by the preceding day.
  6. We shall pay for any transfer fees associated with the payment set forth in Article 17(5).
  7. The Fan paying the price in a ONEFAN ID trade shall not pay the Trade Price directly to the other party to the trade. The Trade Price shall be paid to us, as the party authorized to receive payment on behalf of the other party to the trade, by a date that we specify separately.
  8. We are in no way responsible for any dispute or other issue that arises between Fans with respect to any ONEFAN ID trade.

Article 18 (Upgrade)

  1. When a Fan suspends or terminates his or her use of Subscription Services in connection with his or her ONEFAN ID by a method that is set forth by us separately and such ONEFAN ID number becomes vacant (“Vacant ID”), Creators may provide an opportunity for other Fans of the Subscription to upgrade their ONEFAN ID number and acquire a ONEFAN ID number that is smaller than the one he or she currently has (“Upgrade Right”).
  2. A Fan that receives the Upgrade Right may acquire a ONEFAN ID number that is smaller than the one he or she currently has by exercising the Upgrade Right within the exercise period that we set forth separately. The ONEFAN ID formerly held by a Fan that exercises the Upgrade Right will be treated as a Vacant ID upon the exercise of the Upgrade Right, and become subject to upgrading.
  3. A Fan that exercises the Upgrade Right shall pay the fee for exercising the Upgrade Right (the “Upgrade Fee”) to us. The Fan shall pay for any transfer fees.
  4. The Upgrade Fee and other conditions of the exercise of the Upgrade Right are as set forth in these ONEFAN Terms of Service, or as separately set forth by us and the Creator.
  5. Any agreement with respect to any upgrades is formed between the Creator and the Fan that exercises the Upgrade Right. We are authorized by Creators to accept payment of the Upgrade Fee on their behalf, and will receive payment of the Upgrade Fee from Fans. Fans that exercise Upgrade Rights shall pay the Upgrade Fee by the method that we designate, and shall not pay the Upgrade Fee directly to the Creator under any name or by any method.

Article 19 (Liability for Trades, etc.)

  1. Users shall be responsible and pay for resolving any disputes or problems that arise between a Creator and a Fan or between Users and any third parties (including disputes or problems between Users) in connection with the trading of ONEFAN IDs, upgrading ONEFAN IDs, and the like, and we shall not be held liable for any such disputes or problems.
  2. If we are required to pay any costs (including but not limited to settlement payments, attorneys’ fees and the like) to resolve a dispute or problem under Article 19(1), Users shall reimburse us for any amount of such costs that we specify. Users shall pay for any fees associated with payment of such costs.

Article 20 (Misuse of Credit Cards)

  1. If there is a chargeback (refers to where a credit card company cancels the approval for a payment due to unauthorized use of the card or other reasons) with respect to a credit card purchase, we may return to the credit card company the amount credited by the credit card company, at our sole discretion, without any notice to the Fan receiving the Trade Price.
  2. If a chargeback occurs under Article 20(1) before the Fan receiving the Trade Price receives payment, we shall deduct the amount to be returned through the chargeback from the total amount to be paid to that Fan. If the chargeback occurs after the Fan receives payment, the Fan shall pay to us the amount to be returned through the chargeback by a date that we specify.

Chapter 4: Other Standard Provisions
The provisions of this Chapter 4 apply to the use of the Service by both Creators and Fans.

Article 21 (Prohibited Acts)
When using the Service, Users hereby affirm that they shall not commit any of the following acts:

(1) any act related to a crime or violation of laws and ordinances;
(2) acts of fraud or intimidation against us, a Creator, another User, or a third party;
(3) any act that violates public morals;
(4) any act that infringes the Intellectual Property Rights, portrait rights, privacy rights, publicity rights, or other rights or interests of ours, a Creator, another User, or a third party;
(5) any act of using the Service to transmit any of the following information to us, a Creator, another User, or a third party:

(a) information that harms or infringes the reputation, credibility, or other rights and interests of us, a Creator, another User, or a third party;
(b) information that contains excessively violent or cruel expressions;
(c) information that contains a computer virus or other harmful computer program;
(d) information that contains obscene expressions;
(e) information that contains expressions promoting discrimination;
(f) information that is intended to disperse junk mail, spam mail, chain mail and the like to third parties;
(g) information that contains unlawful solicitation, advertising and the like;
(h) information that contains expressions that make others feel uncomfortable;
(i) information or acts that solicit another person to enter into a sexual, romantic or any other type of relationship; and
(j) information that violates laws and ordinances, guidelines, and other legal regulations;

(6) posting or transmission of computer programs intended to damage or interfere with the software, hardware and other functions used by a third party;
(7) any act that damages or interferes with the servers or network of the Service;
(8) unauthorized collection or accrual of third-party personal information, earnings records, or attribute data;
(9) use of the Service or information obtained through the Service for a purpose contrary to the purpose for which it is provided;
(10) use of a third party’s login information to use the Service;
(11) obtaining, disclosing, or providing a third party’s login information by any means; or
(12) entering into an agreement with respect to a ONEFAN ID without using the Service (including, but not limited to, direct negotiation with another Fan without using the Service and listing a ONEFAN ID on an external auction site).

Article 22 (Events of Default)

  1. If any of the following events occur, we may suspend or limit Users’ use of all or part of the Service (including, without limitation, suspending the Subscription), ban Users from using the Service in the future, suspend or delete the account of Users, or take any other action that we consider to be necessary and that would be deemed to be reasonable and objective:

(1) if Users breach any provision of these ONEFAN Terms of Service;
(2) if Users infringe the Intellectual Property Rights, portrait rights, privacy rights, or other rights of a third party;
(3) if all or part of Users’ Registration Information is found to be false;
(4) if Users suspend payments or become insolvent, or are subject to petitions that commence bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or any similar proceedings;
(5) if Users fail to respond to a communication from us that requires a response for 30 days or longer; or
(6) if we otherwise objectively determine, based on reasonable grounds, that a User’s continued use of the Service is not appropriate.

  1. If any of the events provided for in Article 22(1) arises, all of such User’s obligations to us will automatically be accelerated and immediately become due and payable.
  2. We shall not be held liable in any manner whatsoever for any damages that Users may incur due to an action that we take under this Article 22.

Article 23 (Intellectual Property Rights)

  1. All Intellectual Property Rights with respect to the Service are attributable to us or the third party that licenses those rights to us. Even by agreeing to these ONEFAN Terms of Service and using the Service, Users shall only acquire the right to use the Intellectual Property Rights provided for in these ONEFAN Terms of Service, and Users shall not be granted an assignment or a license for any other Intellectual Property Rights.
  2. Users do not have any rights or interests with respect to Intellectual Property Rights provided for in Article 23(1), except for any rights expressly granted to Users under these ONEFAN Terms of Service.

Article 24 (Modification or Termination of the Service)

  1. We may modify or add to all or a part of the content of the Service, without notifying Users in advance.
  2. We may terminate the Service at our sole discretion by giving prior notice to Users through the Site, another website or application that we operate, or any other method that we determine to be appropriate. However, we may not notify Users if the Service is terminated in an emergency.
  3. We are in no way liable for any damages that Users may incur due to our modification or termination of the Service under this Article 24.

Article 25 (Suspension or Interruption of the Service)

  1. We may temporarily suspend or interrupt all or part of the Service without notifying Users in advance, if:

(1) we conduct scheduled or emergency inspections or maintenance of the computer systems, communications equipment, and other equipment related to the Service;
(2) the provision of the Service is impeded due to a malfunction in a computer or communications line, human error, heavy traffic, unauthorized access, hacking, or the like;
(3) we need to ensure the security of our Users or a third party;
(4) a telecommunications carrier stops providing service to us;
(5) it becomes difficult to provide the Service due to a fire, earthquake, lightning strike, wind and flood damage, any other natural disaster, a war, conflict, insurrection, riot, labor dispute, or other force majeure; or
(6) we otherwise objectively determine, based on reasonable grounds, that it is not feasible to provide the Service.

  1. We shall not be held liable in any manner whatsoever for any damages that Users may incur due to the suspension or interruption of the Service under this Article 25.

Article 26 (Disclaimer of Guarantee)

  1. We offer no express or implied warranties whatsoever regarding fitness for any particular purpose that Users may specify, economic value (including the possibility of profiting from the trading of ONEFAN IDs), accuracy, usefulness, completeness, legality, compatibility with internal regulations and the like of organizations that are applicable to Users, absence of security flaws, errors, bugs, and faults, or continued availability of the Service.
  2. We may publicize, post, notify and otherwise send out press releases, announcements, news, letters and the like (“Communications”) regarding the addition or alteration of features of the Service and other matters related to the development of services related to the Service. Communications made in any medium other than these ONEFAN Terms of Service do not guarantee in any manner whatsoever that any such features will be added to the Service or that any other matters will be implemented at the time of the Communications or in the future. We shall not be held liable to Users for failing to add any features or implement any matters that are announced by Communications.
  3. We do not guarantee that the Service is compatible with all devices and operating system versions. Users acknowledge in advance that there is a possibility that the Service may malfunction due to an operating system update on their device. If such a malfunction occurs, we do not guarantee that we can resolve such malfunction by modifying programs or any other means.
  4. We shall not be held liable in any manner whatsoever for any damages that may occur due to a malfunction of the systems used by the Service (including, but not limited to, the blockchain system, platforms and the like) or a related accident unless otherwise specified in these ONEFAN Terms of Service.
  5. Any liability that we may be held liable for regarding any damages that Users may incur in connection with the Service is limited to ordinary, direct and actual damages that Users actually incur, and we are in no way obligated to compensate Users for any special damages, lost profits, indirect damages, or attorneys’ fees.
  6. Any amount of damages that we may owe Creators under Article 26(5) is further limited to the total commissions (meaning the total of Subscription Commissions, Trade Commissions, and Upgrade Commissions) actually received by us in the one-year period prior to such damages surfacing.
  7. Any amount of damages that we may owe Fans under Article 26(5) is further limited to the total of the Subscription Fees, Trade Fees, and Upgrade Fees paid by the Fan claiming the damages in connection with the Service in the one-year period prior to such damages surfacing, upon deduction of the amount that we paid to Creators.
  8. If the Consumer Contract Act of Japan applies to the relationship between Users and us, Articles 26(5) through (7) shall only apply to any damages that Users may incur as a result of their slight negligence. If Users incur damages due to our willful misconduct or gross negligence, we will compensate Users for damages that were reasonably caused by our willful misconduct or gross negligence.

Article 27 (Elimination of Antisocial Forces)

  1. Users represent to us that they are not, and warrant that they will not in the future become an Antisocial Force, etc.
  2. Users hereby affirm to us that Users, themselves, or through a third party, shall not commit any of the acts set forth below:

(1) any violent demands;
(2) any unjust demands in excess of the scope of legal responsibility;
(3) any threatening behavior or violence in connection with the Service;
(4) the act of spreading of rumors, using fraudulent means, or using force to damage the reputation of the other party or to obstruct the other party's business affairs; or
(5) any other act associated with any of the foregoing items above.

  1. Users shall immediately notify us in writing upon the discovery of any fact contrary to the items of Articles 27(1) and (2).

Article 28 (Confidentiality)

  1. “Confidential Information” means any business or technical information, or any other information whatsoever associated with our business that Users obtain through or in connection with their use of the Service.
  2. Notwithstanding Article 28(1), Confidential Information does not include:

(1) information that Users already hold at the time of disclosure;
(2) information that is already public at the time of disclosure;
(3) information that becomes public after disclosure due to a reason not attributable to Users;
(4) information that Users lawfully obtain from a duly authorized third party; and
(5) information that Users create, devise, invent, develop, or obtain independently without reference to Confidential Information.

  1. Users shall maintain the confidentiality of all and every part of the Confidential Information, and Users shall not disclose or divulge the Confidential Information to a third party without our prior written consent. Users shall use the Confidential information solely for exercising their contractual rights and performing Users’ obligations under these ONEFAN Terms of Service, and not for any other purpose.

Article 29 (Handling of Personal Information)
We will handle Users’ personal information in accordance with laws and ordinances and our Privacy Policy that is set forth separately.

Article 30 (No Assignment)

  1. Users may not assign, transfer, collateralize, or otherwise dispose of their contractual status, rights, and obligations under these ONEFAN Terms of Service to a third party without our prior written consent.
  2. If we transfer the business pertaining to the Service to another company, we can, along with the transfer of the business, assign our contractual status under the User Agreement, our rights and obligations pursuant to these ONEFAN Terms of Service, Registration Information and other customer data to the recipient of such business transfer. Users hereby consent in advance that such transfers shall be allowed. The same applies to a corporate split or other form of transferring a business.

Article 31 (Notice)

  1. Any inquiry regarding the Service or other communication or notice from Users to us, and any notice of amendment of these ONEFAN Terms of Service or other communication or notice from us to Users, shall be by the method that we specify.
  2. If we send a communication or notice to Users via the email address or other contact details included in their Registration Information, we will deem Users to have received such communication or notice.

Article 32 (Language)

  1. Any translation of these ONEFAN Terms of Service that we provide is solely intended for Users’ convenience, and the relationship between Users and us is subject to the Japanese version of these ONEFAN Terms of Service.
  2. If there is any discrepancy or inconsistency between the Japanese version and any translation of these ONEFAN Terms of Service, the Japanese version will prevail.

Article 33 (Severability)
If any provision or part of these ONEFAN Terms of Service is found to be invalid or unenforceable under the Consumer Contract Act, the remaining provisions and parts not found to be invalid or unenforceable will remain in full effect.

Article 34 (Survival)
The provisions of Article 5(3), Article 6(3), Article 8(4), Article 10(4), Article 13, Article 15(6) and (7), Article 16(3), Article 17(3) and (8), Article 19, Article 21, Article 22(2) and (3), Article 23, Article 24(3), Article 25(2), Article 26, Article 27, Article 28, Article 32, Article 33, Article 34, and Article 35 will remain in effect even after the termination of the contract formed between us and Users based on these ONEFAN Terms of Service (irrespective of the reason for termination).

Article 35 (Governing Law; Jurisdiction)

  1. These ONEFAN Terms of Service and the relationship between Users and us hereunder are governed by the laws of Japan
  2. The Tokyo District Court has exclusive jurisdiction as the court of first instance over all disputes in connection with these ONEFAN Terms of Service or the relationship between Users and us hereunder


[Schedule]
Table of Fees

Subscription

(Article 9(2))

Subscription Commission

Subscription Fee × 30% (+tax)

Date of payment to Creators

Calculated as of the last day of the month in which the Subscription Fee is received from Fans; paid by the last day of the following month.

 

 

 

 

 

 

[Updated December 14, 2021]