SKIYAKI Inc. (hereinafter “Our Company”) hereby stipulates the following terms of service (hereinafter “TOS”) pertaining to the use of service of the website “FUN WITH A MISSION (URL: https://fwam.jp/, hereinafter, “FWAM”)” for member of artist presented by Our Company being outsourced from FYD inc. acting as the agent of artist called “MAN WITH MISSION”, hereinafter “MWAM”). Member who completed his/her registration to FWAM shall be deemed to have consented to the content of TOS.
1. (Application and Change of TOS)
- 1.TOS shall apply to the entire engagement pertaining to the use of service of FWAM by member (defined in Article 2).
- 2.Use of Service etc. of individual services separately stipulated by Our Company aside from TOS and additional terms of service being notified to member by Our Company on need basis (hereinafter, collectively “Individual TOS etc.”) shall constitute a part of TOS.
- 3.If the provision of Individual TOS etc. and the provision of the TOS differ from one another, provision of Individual TOS etc. shall prevail.
- 4.Our Company is allowed to revise the content of TOS without the prior notice to member.
- 1.“Member” under TOS shall refer to a person who completed the admission procedure through FWAM through the method prescribed by Our Company by consenting to TOS, and a person accepted by Our Company, provided, however, that in some cases Our Company may reject the applicant’s request for admission based on our sole decision.
- 2.If a person requesting for admission is a person under 20 years of age, admission procedure shall be processed with the consent of the guardian through the method prescribed by Our Company.
- 3.Applicant for membership must submit notice to Our Company in an accurate manner concerning the matters specified by Our Company to be notified upon admission procedure (name/address/date of birth/telephone number/email address, etc.). In the event the applicant for membership submits a notice with description of false fact pertaining to the above matters upon admission procedure, based on Our Company’s sole decision, said applicant will be forced to lose his/her membership even after completing the admission procedure.
3.(Valid Term of Member Qualification)
The valid term of member qualification shall commence on the registration date, and shall be indefinite from that point forward.
4. (Member Benefit)
- Member is entitled to receive the benefits listed in the following items.
- (1)Viewing/listening of contents exclusive to members
- (2)Advance sale of concert ticket (please note that this benefit entails being able to purchase ticket earlier then the time of general sale, and it is not intended to always guarantee good seat).
- (3)Aside from the above items, member exclusive policy being added by Our Company from time to time.
5. (Member Obligation)
- 1.Member shall be responsible in managing his/her log-in ID and password given to member from Our Company.
- 2.Member may not allow third party to use log-in ID and password, and may not engage in transactions such as lend, transfer, change the name, purchase and sale etc.
- 3.Member shall be liable for inadequate management of log-in ID and password, error upon usage, damage caused by use of third party, and Our Company shall be free from any liabilities.
- 4.In the event log-in ID or password is stolen, or if member becomes aware that it was being used by third party, member shall immediately contact Our Company through most direct and immediate means, and if instructed by Our Company, member shall comply with said instruction.
- 5.Member shall guarantee that the notified content upon admission procedure is true and correct, and if change is made to the notified content, change procedure shall be performed in a prompt manner through the method prescribed by Our Company, or apply at FWAM.
- 6.Our Company shall be free from any and all liabilities with respect to damage arising from circumstance such as non-arrival of notice from Our Company and not being able to receive FWAM service etc. caused by member neglecting to submit the notice stated in the above paragraph.
6. (Prohibited Matters)
- 1.Member is not allowed to engage in acts such as reproducing/using/transmitting/disclosing/quoting/etc. beyond the scope of personal use permitted by the Copyright Law with respect to the entire data (information, portrait, document, writing, illustration, etc.) obtained through FWAM.
- 2.Member is not allowed to re-sell/sell benefit, performance ticket, goods etc. obtained through FWAM to third party through internet etc. In the event such act is identified, there may be a case whereby said member will be forced to withdraw his/her membership.
- 3.Member may not infringe upon property, privacy or portrait right of artist or other third party, or engage in act that has potential for said infringement.
- 4.Member may not slander artist or other third party, or damage honor or credibility of said artist or other third party, or engage in act that has potential for said slander or damage.
- 5.Member may not demand artist to contact or meet with the member, or make request to Our Company to contact or meet artist.
7. (Membership Withdrawal)
- 1.If member requests to withdraw his/her membership, he/she must log into the member page of FWAM and undergo prescribed procedure.
- 2.With respect to the payment of product etc. purchased through the member benefit whereby the payment obligation has already arisen at the point of membership withdrawal, member is obligated to make payment for said product etc. even after withdrawing from his/her membership.
- 3.In the event member violates TOS, or if member inflicts damage on artist, FWAM, other member, or Our Company, the entire service of FWAM may be discontinued for said member or said member may be forced to withdraw his/her membership.
8. (Handling of Personal Information)
9. (Change etc. of Service Content)
- 1.Our Company may change FWAM member’s benefit and other services without any prior notice to member.
- 2.In the case of the above paragraph, Our Company shall send a subsequent notice to member in writing or through email.
10. (Suspension of Service)
In the event of arising of circumstance that makes it not possible to present FWAM service due to act of God or other force majeure reasons, Our Company may suspend or discontinue FWAM service. In such event, Our Company shall promptly send notice to member through email.
In the event member or third party incurs damage caused by member’s use of FWAM service or reasons between providing of FWAM service and suspension of providing of service set forth in Article 10, Our Company shall be exempt from any and all liabilities so long as the damage is not caused by intentional act or gross negligence of Our Company.
12. (Discussion Matter)
With respect to the matter not stipulated in TOS or if doubt arises to the interpretation of TOS, member and Our Company shall resolve said issue in good faith through discussion.
13. (Governing Law and Jurisdictional Court)
The governing law of TOS shall be the laws of Japan, and if it becomes necessary to file a legal action related to TOS between member and Our Company, according to the amount of controversy, Tokyo Summary Court or Tokyo District Court shall serve as the agreement jurisdictional court of the first hearing.
Article 1. Definitions
- 1. “ID Service” means the service in which the Company gives the User an individual ID (FWAM ID) to use the service e.g. electric commerce service (hereinafter referred to as the “Specific Service”) which the Company designates from other services provided by the Company. The ID service makes it possible for the User to use the Specific Service in regard to various artists in a cross-sectional way with a single SKIYAKI ID or unique ID without re-registering information of the User.
- 2. “User” means a person or party that accesses the websites that provide the ID Service and the Specific Service (hereinafter referred to collectively as the “Services”)
- 3. ”Registration Information” means information of the User which the User provide to the Company for the purpose of the User receiving the Services.
- 4. “Personal Information” means information by which one would identify specific individual (including information which one could collate with another information and by which one would identify specific individual) in the additional Registration Information at the timing of providing paid Services to the User
Article 2. Matters to Be Observed
- 4. The Company may notify the User of information about the Services through notification on the website or by email.
- 5. In case User does not have his/her residence in Japan, User might not get any part of the Services of the Company e.g. the receipt of privilege products.
Article 3. Registration
- 1. The User shall agree to provide the Company with certain information as specified by the Company to obtain the ID.
- 2. To obtain the ID, the User shall register his/her/its true and accurate information (hereinafter referred to as “Registration Information”) . If a change in personal information occurs, the User shall promptly change the Registration Information, in the manner prescribed by the Company. If any loss, damage or claim incurred by the User by reason of not taking any changing procedures by the User, the Company shall not assume any responsibilities and liabilities3. The company reserves the right to refuse to provide an ID for any User in the event that:
- (1) Any or all of the Registration Information provided by the User to the Company is not true and accurate;
- (2) The Registration Information provided is not that of the registrant himself;
- (3) The Registration Information pertaining to means of settlement cannot be confirmed or validated;
Article 4. Fees
- 1. The Company provides the User with the ID Service for free. Provided, however, the User shall bear the costs and fees for any telecommunication equipment, Internet service provider, Internet service to connect to the computer network and/or construction and maintenance of telecommunication equipment.
- 2. The User may check the usage fees for Specific Service on the website of those services, and so on.
Article 5. ID and Password Management
- 1. The User shall be responsible for keeping and maintaining the User’s password and ID for the Services in an appropriate manner and shall be careful not to have either password or ID stolen or leaked.
- 2. In the case that the Services provided by the Company are purchased or used by entering the User’s ID and password, the User himself is deemed to have purchased or used the Services, except for any reasons that should fall under the responsibility of the Company.
Article 6. User’s Personal Information
- 1. The Company may use the information (including, but not limited to name, address and e-mail address), which the User provided to the Company, (hereinafter referred to as "User's Personal Information") as follows.
- (1) to provide Services, guidance or response to inquiries relating to the Services;
- (2) to provide guidance or introduction of the services and goods offered by the Company (including, but not limited to sending e-mails) or request to participate in surveys and questionnaires;
- (3) to analyze the utilization of the Services, including, but not limited to User demographics.
The Company shall not use the User's Information outside the scope of the above except when the Company obtains individual User consent. Additionally, the Company is also entitled to disclose the User's Information pursuant to the Personal Information Protection Act or other applicable laws and regulations .
- (1) Required by the Personal Information Protection Act or other applicable laws and regulations;
- (2) The Company receives a request for disclosure from a person or party that has legal authority;
- (3) The Company recovers or protects the rights of the Company and the third party against imminent and unlawful infringement;(4) The Company deems the need to disclose the User’s Information to a person or company entrusted with operations in the course of business of operating the Services; and
- (5) The User’s Information is provided through a transfer of operations of the services to the third party by way of a business transfer or other similar transactions.
- 3. The Company may jointly use the User’s Information as follows:
- (1) Party to Jointly Use the User’s Information:FYD Inc.
- (2) Items of the User’s Information to be Jointly Used:
name, address, telephone number, e-mail address, date of birth, other information provided by the User, usage history of the Services, and the information that the Company obtained from the third party in a manner that is legitimate and appropriate.
- (3) Purposes of Joint Use:Same as in paragraph 1 in this article.
- (4) Name of Party Responsible for the User’s Information:Name: SKIYAKI Inc.
Address: HUMAX-SHIBUYA-BUILDING 3F, 1-14-6 Dogenzaka, Shibuya-ku, Tokyo, Japan (Postal Code: 150-0043)
Article 7. Prohibition of ID Assignment
1. The User shall not assign, lend or let a third party use his/her ID.
2. The ID Service is the service for the User to use the Specific Service as one’s own. The User shall not use the ID Service for the purpose of obtaining profit or other commercial purposes
Article 8. Inquiries
When the User makes inquiries about the Services of the Company, the User shall follow the procedure that the Company specifies in the specific service. The Company will not respond to inquiries that are sent in any other way. Further, there are some inquiries that the Company may not respond to individually depending on the contents.
Article 9. Suspension of Use
The Company shall be entitled to suspend providing any sort of services for the ID holder or to delete the information of User ID when the User should conduct any of the following acts or any act that the Company determines applicable to any of the following. In this case, if the User has multiple User ID, the Company may suspend and delete all of the User ID. In case there is any damage of the Company and its partner by the breach of the User, the Company might request compensation of damage.
- (2) Acts of the breach of any laws or regulations (regardless of the name by which such social rules may be called), acts of violating public order and morality, acts that are apprehended to be violating these social rules, or acts of soliciting and inviting violations of these social rules;
- (3) Acts of infringing the rights, including but not limited to Privacy rights and copyrights, of other third parties;
- (4) Acts of collecting and accumulating information of the third parties;
- (5) Acts of that slandering, intimidating, or browbeating the third party;
- (6) Acts of causing uncomfortable feelings to the third party including, but not limited to indecent expression, discriminatory expression, violent expression, grotesque expression, or other impertinent expressions;
- (7) Acts of encouraging or having a possibility to encourage discrimination or abhorrence against race, ethnicity, gender, religion or other social attributes;
- (8) Acts of business including, but not limited to soliciting, acts of election campaigns, political activities, religious activities including, but not limited to missionary work;
- (9) Acts of soliciting participation in the same activities from the third party including, but not limited to sending e-mails;
- (10) Acts of impersonating the Company, the group corporation of the Company, the entruster, the artists, the trustee or the other party concerned;
- (11) Acts of placing an excessive burden on the network or system of the Services or acts of interrupting the usage by the other Users;
- (12) Acts of sending computer viruses or other hazardous computer programs;
- (13) Acts of using and tampering with the data of the Services illegally;
- (14) Acts of giving information which is false or cause misunderstanding to the Company;
- (15) Acts of threatening to interrupt the operation of the Services;
- (16) Acts of defaming that defame the Services and goods of the Company;
- (17) Acts of disturbing service or business of the Company by long-time phone, continuous e-mail or other extortion;
- (18) Acts of offering the third party the User’s ID or password as a loan, assignment or pledge, or acts of changing the name of ID, giving the third party permission to use the ID, or accessing the website which the Company provides for commercial purposes;
- (19) Acts of selling the goods that the User obtains through the Services including, but not limited to reselling or putting up for internet auction;
- (20) Acts of tampering and deleting contents or information on the Services or contents or information of other users
- (21) Acts of using the information or works which are provided from the Services for the purpose of non-personal use, or acts of reprinting that reprint or posting post to the public regardless of being within the network or not;
- (22) Acts of obtaining the data in regard to the Services illegally, or acts of disclosing the data to the third party;
- (23) The Company deems that the Company feels anxiety regarding the User’s credit;
- (24) The User pays after the due date or defaults on charges for the goods or services which the User purchased through the Specific Service;
- (25) Other acts that the Company deems to be inappropriate;
Article 10. Intellectual Property Rights
- 1. All of the programs, software, trademarks and trade names which configure the Services, other associated intellectual property rights and other rights incidental therein, belong to the Company or the legitimate rights holders unless otherwise indicated.
- 2. All of the information, which the User sees and obtains by using the Service belong to the Company or the legitimate rights holders unless otherwise indicated and shall not be allowed to be copied, published, broadcasted, or communicated to the public, and used beyond the scope range of private use without prior and expressed consent approval of the Company or the legitimate rights holders.
- 3. The User shall be liable to the Company for any damages incurred by the Company arising out of the information that the User provides by using the Services.
Article 11. Suspension or Discontinuation of the Services
- 1. The Company shall be entitled to, without any advance notice to the User, suspend or discontinue the Services by its own determination, in whole or in part in the event that:
- (1) Inspection, maintenance, improvement or updates of the equipment and computer system for the Services that is significant need to be performed due to urgent circumstances or at stated periods;
- (2) The Company becomes unable to provide the Services due to circumstances outside of the Company’s control, including but not limited to fire, power blackouts and other natural disasters; or
- (3) The Company determines that suspension or discontinuation is required for other operational or technical reasons, or determines it difficult for the Company to provide the Services due to unforeseen circumstances.
- 2. Under no circumstances shall the Company be liable for any losses or damages incurred by the User or the third party, arising out of suspension or discontinuation of the Services, in whole or in part, for any reason whatsoever.
Article 12. Warranty and Liability
- 1. The Company makes no representation or warranty of any kind, expressed, or implied, with respect to the Service (including but not limited to any representation or warranty that the Services have accuracy, completeness, usefulness and/or reliability).
- 2. The Company shall not be liable for any damages incurred by the User or the third party arising out of delay, modification, discontinuance, cancellation, suspension or termination by the Company of the Services, leaking or disclosure of information transmitted by the User to the Services, or any damages in association with the Services incurred by the User or the third party.
- 4. The User shall make sure any announcement and/or notice of the Company provided by the Company by e-mail, the notice on the website or by any other method admitted by the Company as adequate method. The Company shall not in any way be liable for any loss or damage incurred by the user because of omission of the User’s confirmation of announcement/notice, the errors or shortage in the Registration Information that the User registered in order to use the Service, non-registration at the time of change of the Registration Information, non-receipt of e-mail from the Company due to invalidity or any other cases where the Use being unbale to confirming notice.
- 5. In case the agreement based on the Term of Use corresponds to the consumer contract specified under Article 2 paragraph 3 of Consumer Contract Act (Act No. 61 of May 12, 2000), any provisions about full exclusion of liability of the Company under the Term of Use shall not be applied. In case the agreement based on the Term of Use corresponds to the consumer contract or other conditions occurs and the Company and its partner are liable for any damages to the User, the Company and its partner shall compensate for damage under the scope of compensation of damage caused by direct and actual damage by the Company and/or its partner and shall not be liable to special, incidental or consequential loss or damages (including without limitation any predictable loss or damages).
Article 13. Services Termination
- 1. The Company shall, at any time, be entitled to terminate the Services at its own discretion with notifying to the User. The Company shall notify the User in advance by sending an e-mail to the registered e-mail address, or shall announce in advance on the website in regard to the Services about any intended termination by the Company of the Services.
- 2. By going through the procedures set forth in the preceding paragraph, the Company shall not be liable for any damages incurred by the User arising out of, or in connection with, any actions taken by the Company pursuant to this Article 13, except as provided in laws and/or regulations.
Article 14. Amendments
- (1) The change of the Term of Use fits the general benefit of all users
- (2) The change of the Term of Use does not conflict the purpose of agreement and has reasonableness taking into account of the purpose of necessity of change, reasonableness of the content of change and the content of change.
Article 15. Governing Law and Severability
Article 16. Disputes Resolution
In case any dispute arises between the Company and the User in relation to the Services, it shall be settled between the Company and the User after due consultation. Provided that the dispute shall not be settled after due consultation, the dispute shall be brought to the Tokyo District Court of Japan or Tokyo Summary Court for the first instance according to the jurisdictional amount.
June 1, 2020