Article 1 Application
Article 2 Use of the Services
- If a user under the legal age of majority uses the Services, such user shall obtain the prior consent of the user’s legal representative.
- If a user under the legal age of majority uses fraudulent means to make the Company believe that such user has the consent of the user’s legal representative or that the user is a person with capacity to act by misrepresenting such user’s age or the like, such user may not rescind any juristic act pertaining to the Services.
Article 3 User Environment
- Users shall, at their own expense and responsibility, prepare smartphones or other information terminal devices and telecommunication environment necessary to use the Services and implement security measures related to prevention of computer viruses and unauthorized access (“User Environment”).
- The Company shall neither be involved in, nor be in any way liable for, any matter regarding the User Environment of users of the Services.
Article 4 Member Registration
- Application procedures shall be conducted by the person who will become a Member. The Company shall not be liable for any damage arising from any deceit, error, or omission in the registered information.
- If there is any change in the information that a user has registered as a Member (“Member Information”), the user is requested to promptly update such changes in the registered information. The Company shall not be liable to any Member for any damage arising from failure to update Member Information. Even if Member Information is updated, transactions whose procedures are completed before any Member Information is updated will be conducted based on the Member Information before such update.
- This Article 4 through Article 10 shall apply only to Members and users who intend to apply for membership.
Article 5 Refusal of Application
- The Company may refuse application for membership in the following cases:
- if the registered information submitted to the Company at the time of application includes false information;
- if an ID has already been issued to the same individual;
- if an ID for companies, etc. has already been issued to the company or other organization to which an applicant belongs;
- if an applicant is an Antisocial Force, etc. (which means organized crime groups, members of organized crime groups, right-wing groups, anti-social forces, or any other person similar thereto) or is somehow interacting or involved with an Antisocial Force, etc. such as by cooperating or being involved in its maintenance, operation, or management through providing funding or another means;
- if a credit card registered by an applicant is unable to be accepted; or
- if an applicant engages in any other inappropriate activities.
Article 6 Withdrawal of Membership
- The Company may withdraw membership of any Member who:
- breaches Article 18 (Prohibited Matters);
- fails to pay fees;
- engages in any other inappropriate activities.
- If a Member’s membership is withdrawn pursuant to this article, the Company shall not refund the membership fee or service fee or be liable to compensate for any damage arising from such withdrawal.
Article 7 Management of IDs and Passwords
- When member registration is completed, the Company issues a Member ID and creates an account for each Member.
- Members shall appropriately manage their ID and password set by themselves (“Account Information”) at their own responsibility.
- If the Company confirms that the combination of Account Information entered or used corresponds to that registered by the Member, the Company shall deem that such Account Information is used by the Member of the Services. The Company shall, even if a third party other than the Member uses the Account Information, deem that all results and responsibilities arising from such use are attributable to the Member holding the relevant account, and the Company shall not be liable in any way for making any refund or compensation for any damage unless the results and responsibilities arise for a reason attributable to the Company.
Article 8 Prohibition of ID Assignment
Article 9 Fees and Effective Term
- The Company shall post on the Website whether any registration fees are required for the Website.
- The Member type for the Services (paid monthly membership and free membership) and service fees applicable to Members paying monthly membership fees, and the contents of the Services shall be posted on the Website.
- The effective term of membership or applicable period of the Website (“Effective Term of Membership”), if any, will be separately posted on the Website.
Article 10 Withdrawal Procedure
- Upon withdrawal of membership by the Member, the Company shall not refund any service fee or registration fee.
- Members shall not, even after withdrawal of membership, be exempted from payment obligations to the Company that have already been generated at the time of withdrawal.
Article 11 Notification to Users
- Notification from the Company or any person with which the Company entrusts notification (“Notifier”) to users shall be given by posting on the Website, mailing to addresses included in the latest information registered by users, sending e-mails to e-mail addresses, or other methods that the Notifier considers appropriate.
- Users shall agree that if the Notifier gives notifications to addresses or e-mail addresses included in the latest information registered by users, such notification from the Notifier is deemed to be delivered when it is sent to the relevant addresses or when the e-mails Notifier has sent become available for users.
Article 12 Intellectual Property Rights
- The patent rights, utility model rights, design rights, trademark rights, copyrights, and other intellectual property rights (collectively, “Intellectual Property Rights”) pertaining to the Services, the Websites, and available contents on the Websites (the “Contents”) shall belong to the Company or the third party who is the lawful right holder.
- Copyrights on the data that users post on the Website (in any form including images or text) (“Posted Data”) shall belong to the users. However, users shall grant the Company the right to use (including reproduction and alteration) the works in the Posted Data which users have a license to use, in the provision and operation and advertisement and promotion of FaveConnect, the Services, or the Website for free, and users shall not exercise any moral rights of authorship in connection with such use by the Company.
Article 13 Special Provision Regarding Purchases and Returns, Etc. of the Products
- The Company may sell products (including the Contents and electronic tickets, “Products”) to users on the Website (“Online Shopping”).
- A product purchase agreement or a contents license agreement for fee-based use between a user and the Company in relation to Online Shopping on the Website shall be formed upon delivery of an e-mail sent by the Company after a user’s purchase of Products on the Website (“Purchase”) or application for (“Application”) use permission on the Website. Some Products require execution of a separate agreement between users and the Company after the Application by users to the Company. Users shall agree in advance that if there is any inconsistency or conflict between this Article and any provision of such agreement, the provision in such agreement shall prevail. Users shall also agree in advance that they may not return, exchange, or cancel ordered Products after the Application at the user’s convenience.
- If there is any breakage, soilage, shortfall in the quantity of the Products, or other non-conformity with the contents of agreements (“Non-Conformity”) in the Product, the user who found such Non-Conformity may, only when such user contacts the Company through the inquiry form of “Yoshitaka Amano Official Website” separately designated by the Company within one year from the time such user found the Non-Conformity, request the Company to repair or exchange the Product or other performance, reduce the charge, or compensate for damage, or the user may cancel the purchase agreement, unless such Non-Conformity is attributable to the user. The Company shall bear delivery charges for returns or the like.
- Notwithstanding the preceding paragraph, some Products with a limited amount of stock may not be exchanged. Users shall agree in advance that in that case such Products shall be returned. (With respect to Products with a limited amount of stock, the same shall apply hereinafter.)
- The Company shall, after receiving the Product returned from a user pursuant to the provision of paragraph 3 of this Article, give a refund for return or reship for exchange without delay. The Company shall give notice to the user by e-mail when the refund or reshipment procedures of Products are completed. Users shall agree in advance that the Company may confirm the user’s financial institution account depending on the payment method used when the Product was purchased. (With respect to the case that charges are refunded, the same shall apply hereinafter.)
- Where a user refuses to receive the Product or cannot receive the Product due to a long-term absence (“Refusal of Receipt, Etc.”) the response shall be as follows.
- If the Product is returned to the forwarding company contracted with the Company due to Refusal of Receipt, Etc., the User shall request the forwarding company to redeliver the Product by the method stated in the absence communication slip or other methods within the period designated by the forwarding company.
- If the Product is returned due to exceedance of the redelivery period prescribed in the preceding paragraph, the Company or a subcontractor shall send an e-mail to the user to give guidance regarding redelivery. If the user does not contact the Company within three months from the delivery of the e-mail, the Company shall deem that the order of the Product is canceled.
- In the case of refund due to cancellation as a result of Refusal of Receipt, Etc., the Company shall refund a user only the price of the Products after deducting delivery charges and commissions by bank transfer. The amount of refund from the Company to the user shall accrue no interest.
- Please note that if a user makes any Refusal of Receipt, Etc. without due reason, the Company may take necessary measures, including rejection of further Applications or legal actions.
Article 14 Entrustment
Article 15 Activity History
- Users shall agree to the handling of Cookie Information of users by the Company or the following entities.
Article 16 Personal Information
Article 17 Inquiries Related to the Services
Article 18 Prohibited Matters
- using all or part of the Services for any other purposes, or by any other methods, other than the purpose or method of use approved by the Company;
- any activity that infringes the Intellectual Property Rights or other rights of the Company or a third party (including other users);
- any activity that violates laws or ordinances or is contrary to public order and morals, or infringes the portrait rights or privacy of a third party;
- any activity that impedes the operation or maintenance of the service business of the Company;
- allowing a third party to use the Services or providing Account Information to a third party;
- any activity that causes disadvantage to a third party;
- stating information that contains false facts in Member Information or other information registered on the Website or pretending to be a third party to use the Services;
- making unreasonable demands that are beyond the legal responsibility of the Company;
- obstructing the operation of the Company or damaging the credit of the Company by use of fraudulent means or force;
- any activity that leads or is likely to lead to crimes such as fraud;
- transmitting or posting harmful computer programs such as computer viruses;
- falsification, modifying, changing, reproducing, restructuring, or analyzing documents or programs, etc. related to the Services;
- imposing an excessive burden on a network or system of the Services;
- transmitting to the Company or a third party (including other users) through the Services information that falls under, or that the Company considers to fall under, any of the following:
- violent or cruel expressions;
- indecent expressions;
- expressions promoting discrimination;
- expressions regarding a life or body;
- antisocial expressions;
- expressions that cause discomfort to others;
- communications aimed at meeting new people of the opposite sex; or
- communications aimed at inducing a third party (including other users) to other websites.
- delay, default, or delinquency of any payment of service fees or other obligations related to services provided by the Company including the Services;
- using the real name of a user or a third party as a nickname in the Services;
- promoting an activity while knowing that it falls under any of the items above; or
- other inappropriate activities.
Article 19 Suspension and Interruption of Services
- The Company may suspend all or part of the Services (in this Article, including functions related to the Services such as charging, mail distribution, or membership management) for a certain period of time in any of the following cases:
- if any maintenance, validation, or repair of servers or other equipment, machines, or systems necessary to provide the Services is conducted;
- if all or part of the equipment, machines, or systems necessary to appropriately provide the Services is lost or damaged to an unrecoverable degree;
- if provision of telecommunication services provided by telecommunications carriers is suspended, discontinued, stopped, or restricted;
- if the Company becomes unable to provide the Services due to fire, blackout, or other accidents;
- if the WHO (World Health Organization) declares a PHEIC (Public Health Emergency of International Concern) with respect to infection of any infectious disease designated as a designated infectious disease in the Act on the Prevention of Infectious Diseases and Medical Care for Patients with Infectious Diseases;
- if the Company becomes unable to provide the Services due to earthquake, flood, volcanic eruption, typhoon, tsunami, or other natural disasters;
- if the Company becomes unable to provide the Services due to war, upheaval, riot, civil war, disturbance, terrorism, or labor dispute, etc.;
- if the Company becomes unable to provide the Services due to establishment, revision, or abolishment of any law, ordinance, or regulation, any order or disposition from public authorities, or other acts of government;
- if any failure occurs on users’ connection environment such as a failure in user’s equipment or a fault in internet connection services which should be connected to service equipment;
- when the Company does not receive in a timely manner information regarding anti-virus software provided by a third party, such as computer virus patterns or virus definition files, which are unknown vulnerabilities to the Company, which is necessary to maintain the latest security environment, and when a computer virus infection is detected in the equipment related to the Services;
- if any unauthorized access, attack, or interception on the communication route that is indefensible even with the due care of a good manager is conducted on the equipment, etc. related to the Services;
- other than each of the items above, if the Company considers such suspension is inevitable for an operational, technical, business, or commercial reason; or
- if the Company becomes unable to provide the Services due to other force majeure.
- In the case of the preceding paragraph, the Company shall notify users to the effect that provision of the Services will be suspended and the suspension period in advance, except for emergency cases. If such suspension period is extended, the Company shall notify users to that effect again.
- The Company shall not be liable for any damage incurred by users due to suspension of the Services pursuant to this article.
Article 20 Termination of Services
Article 21 Exemption
- The Company does not guarantee that the Services, the Products (including information about the Products), or the Website (collectively, the “Services, Etc.”) are fit for the purpose of use of users, are free of any defect or have a certain level of quality, accuracy, or usefulness.
- If a user is a corporation or a business operator, the Company shall not be liable for any damage arising from or connected with the Services, etc. and incurred by users unless such damage arises from willful misconduct or gross negligence.
- If a user is a corporation or a business operator, the Company shall not be liable to compensate for loss of profit or other damage which occurs as a result of extraordinary circumstances with respect to willful or grossly negligent non-performance of obligations or tort by the Company. The Company shall be liable to compensate such user to the extent of damage that would ordinarily arise, and if such user is also a Member paying membership fees, the extent shall be up to the total amount of fees for the Services such Member has paid during the period commencing in the month such Member obtained membership and ending on the month the damage in question arises. In addition, the Company shall be liable to compensate a user that is not a Member paying membership fees for damage (i) up to the maximum amount for monthly subscription multiplied by the membership period of such user if the Services have any subscription plan and (ii) up to ten thousand yen if the Services do not have any subscription plan.
- If a user is a consumer under the Consumer Contract Act, the Company shall not be liable to compensate for loss of profit or other damage which occurred as a result of extraordinary circumstances with respect to non-performance of obligations and tort due to negligence (excluding gross negligence) of the Company. The Company shall be liable to compensate such user to the extent of damage that would ordinarily arise, and if such user is also a Member paying membership fees, the extent shall be up to the total amount of fees for the Services such Member has paid during the period commencing in the month such Member obtained membership and ending on the month the damage in question arises. In addition, the Company shall be liable to compensate a user that is not a Member paying membership fees for damage (i) up to the maximum amount for monthly subscription multiplied by the membership period of such user if the Services have any subscription plan and (ii) up to ten thousand yen if the Services do not have any subscription plan.
- The Company shall not be liable to compensate for loss of profit or other damage which occurred as a result of extraordinary circumstances with respect to any damage arising from defects in the Products. The Company shall be liable to compensate such user to the extent of damage that would ordinarily arise, and if such user is also a Member paying membership fees, the extent shall be up to the total amount of fees for the Services such Member has paid during the period commencing in the month such Member obtained membership and ending on the month the damage in question arises. In addition, the Company shall be liable to compensate a user that is not a Member paying membership fees for damage (i) up to the maximum amount for monthly subscription multiplied by the membership period of such user if the Services have any subscription plan and (ii) up to ten thousand yen if the Services do not have any subscription plan.
Article 22 Confidentiality
Article 23 Transfer of Contractual Status
Article 24 Change in the Contents of the Services
- The Company may change the contents of the Services without any notice to users.
- The Company may change the contents of the Website without any notice to users.
- The provisions in the preceding paragraphs shall not apply to changes that are acknowledged to restrict the rights of users or expand the obligations of users and unilaterally impair the interests of users against the principle of faith, and the provision of Article 24, paragraph 2 shall apply mutatis mutandis.
- If the Company changes any content of the Services or the Website, the Company shall give notice to users by the method prescribed in Article 11 (Notification to Users).
- Effective date
Article 26 Severability
Article 27 Governing Law and Resolution of Disputes
Date of establishment and enforcement
June 1st, 2022