Terms of Service
Article 1 (Purpose)
This terms of services (hereinafter referred to as this “Terms”) shall stipulate any basic matters between you and Beyond Live Corporation, INC. (a Japanese corporation. hereinafter referred to as “BLC”) with respect to any user’s use of the services operated by BLC, including any service currently provided and/or to be provided hereafter by BLC with respect to any online performance distribution website, any application and/or any other internet content (any such service with respect to each internet content is hereinafter referred to as the “Internet Content Service”, and all the services are hereinafter collectively referred to as the ”Services”).
Article 2 (Definition)
1. The Services mean the Services stipulated in Article 1.
2. The Website means any website operated by BLC to provide the Services, and the Application means any application operated by BLC to provide the Services.
3. The User mean any user of the Services that has completed making an account registration in accordance with Article 5.
4. The User Information means all information with respect to the User, including, but not limited to, any information provided by the User related to the use of the Services and/or any data stored with the use of the Services.
Article 3 (Applying and Change of this Terms)
1. This Terms shall be applied to BLC and the User with respect to the use of the Services.
2. Any matter stipulated in any site of any Internet Content Service, the Website and/or the Application shall constitute a part of this Terms, and if there is any inconsistency between any such matter stipulated in any of the above and this Terms, any such matter stipulated in any such site of any Internet Content Service, the Website and/or the Application shall prevail over this Terms.
3. Any respective provisions and/or additional provisions separately posted by BLC shall constitute a part of this Terms, and if there is any inconsistency between any such respective and/or additional provisions mentioned above and this Terms (including any matter stipulated in any site of any Internet Content Service, the Website and/or the Application mentioned in Article 3.2 above. hereinafter the same in this section), any such respective and/or additional provisions mentioned above shall prevail over this Terms.
4. BLC may change, as needed, any of this Terms without the prior consent of the User, and the User hereby consents to any such change. Any change of this Terms shall become effective upon the announcement in the Website and/or the Application. In addition, in case the User uses any of the Services after any change of this Terms, the User shall be regarded as consenting to the above change of this Terms. BLC shall not be liable for any damages arising out of any failure of the User to acknowledge and/or confirm on such change. In addition, with respect to any User that fails to agree with any change of this Terms and/or any respective and/or additional provisions mentioned above, BLC may delete any User Information of such a User in accordance with this Terms and/or terminate any use by such a User of the Services.
5. The User shall regularly visit any Website and/or Application, whether receiving any notice of BLC or not, and acknowledge and confirm on the details of any change of this Terms.
Article 4 (Preparation of Equipment, etc.)
The User shall, at its costs and responsibilities, prepare any communication equipment and software for the use of the Services and execute any telecom use agreement with any such service provider for the use of the Services.
Article 5 (Account Registration)
1. Use of the Services in accordance with the account registration
Any person to wish to use the Services (hereinafter referred to as the “Registration Applicant”) shall, upon the application for the use of the Services, acknowledge and confirm on any way of registration and fees of use, etc. necessary for the use of the Services, and agree with this Terms and apply for the account registration.
In case the Registration Applicant is a minor, the Registration Applicant shall, without fail, obtain the consent of any guardian and/or person with parental authority prior to the Registration Applicant’s consent and account registration.
2. Finalization of a service use agreement
(1) Any service use agreement shall become effective between BLC and the Registration Applicant in accordance with this Terms upon the Registration Applicant’s consent to this Terms in accordance with its application for use stipulated in Article 5.1 above and BLC’s acceptance of such application for use, upon which the account registration of the User shall be regarded as being completed.
(2) BLC may refuse to accept any registration application in case the Registration Applicant falls into any of the followings; provided, however, that BLC shall not be obliged to accept any registration application in any case other than the followings:
a) In case the Registration Applicant has been terminated any service use agreement by BLC, has been extinguished and/or cancelled any account registration by BLC, and/or has been taken any measures to stop using any service by BLC, with respect to the use of any services (including the Services) operated and/or managed by BLC; or,
b) BLC determines that BLC’s rendering any services shall be inappropriate and/or impossible.
3. Termination of a service use agreement
BLC may immediately terminate any service use agreement with the User even after the finalization of the agreement in case it is found out that the User falls into any of the followings:
(1) In case the User breaches or threatens to breach any of this Terms;
(2) In case the User uses any of the Services without the permission of its adult guardian, curator and/or assistant;
(3) In case any settlement by the User is regarded as being suspended or becoming null and void by any settlement service company of which settlement method is designated by BLC;
(4) In case all or part of the details of the registration provided by the User to BLC is untrue;
(5) In case BLC determines that the User is an antisocial force, etc. (including any organized crime group, any member thereof, any associate member thereof, any business enterprise related thereto, any corporate democrat, any miscreant advocating social activism, any intellectual crime group and/or any other similar person) and/or has any relationship and/or engagement with any of such antisocial forces, etc. mentioned above, including, cooperating and/or getting engaged with any maintenance, operation and/or management of such antisocial forces, etc. mentioned above; or,
(6) In case BLC determines that there is any inconvenient matter similar to any of the above sections.
Article 6 (Fees for Use)
1. Fees for use
(1) Any of the Services may be used free of charge; provided, however, some of the Services may be fee-charging.
(2) Fees for use of the Services shall be in accordance with any amount displayed in the page(s) detailing the subject product and/or the page(s) for purchasing thereof in the Website and/or the Application.
(3) Some of the Services include those that separately require any communication fees for the transmission method used by the User with respect to the use of the Services, and such communication fees for the use of the Services shall be borne by the User.
(4) In case any User of minor pays for the use of any fee-charging services and/or the purchase of any fee-charging content, such payment shall be made in accordance with the consent by the person with parental authority and/or guardian, etc.. In addition, in case there is any payment by the User of minor, the payment shall be regarded as being made in accordance with the consent of the person with parental authority and/or guardian, etc. on such payment. 2. Change of fees for use or way of payment
BLC may, at any time, change the amount of any fees for use of the Services and/or its way of payment. All and any changes to such amount of any fees and/or such way of payment will be disclosed in the Website and/or the Application, and the User hereby agrees that it shall regularly acknowledge and confirm on any of such amount of any fees and/or such way of payment in the Website and the Application, in order to know, without delay, of whether to be changed thereon and/or any notice thereon by BLC.
3. Payment of fees for use
Any fees for use of the Services to be paid by the User shall be paid in advance, and any such fees once paid shall not be refunded unless otherwise required to be refunded in accordance with any applicable laws and regulations. The User shall pay for all and any fees for use arising in connection with the use of the Services (including, any fees to be determined in accordance with any dispute).
4. Refunding of fees for use
All and any fees for any fee-charging content and/or product provided in any of the Services shall not be refunded at any case.
Article 7 (Handling of Personal Information)
Article 8 (Posting of Information in the Services)
1. The User hereby warrants that all and any intellectual property rights (including, but not limited to, any copyright, trademark right, design right, etc.) in and to any information disclosed, posted, transmitted and/or displayed, etc. at the User’s discretion in the Services (including, but not limited to, any text, image, visuals, program, data, etc.) shall belong to and be vested in the User itself, be validly licensed for the use of such information and/or otherwise duly use such information. In case any third party raises any objection against any information transmitted by the User at the User’s discretion, BLC shall not be liable for any such objection.
2. The User shall be liable, regardless of whether any negligence exists or not, for all and any consequences (including, physical and/or mental damages) attributable to any information and/or its data transmitted by the User at the User’s discretion.
3. BLC may, at its discretion, whether inside or outside the Services, freely in any manner and/or place, use and/or utilize any information transmitted by the User at the User’s discretion, edit and/or alter any such information, provide any such information to any third party, research any details of any such information, use any such information for any advertising and/or promotion of the Services and/or any other service or product, and edit and exhibit any such information in combination with any advertising, etc., and grant to any third party any license to do any of the above. The User shall not enforce against BLC and/or any other third party designated by BLC any moral rights for authors with respect to any such information transmitted by the User.
4. BLC and any third party licensed by BLC may do any of the acts stipulated in Article 8.3 above without notifying the User thereof, and no consideration or compensation shall be required to be paid to the User. The User hereby consents to all the above in advance, and the User hereby releases BLC and/or any third party licensed by BLC from all and any liabilities with respect to any of the acts stipulated in Article 8.3 above.
Article 9 (Prohibited Matters of the User)
The User shall not do and/or threaten to do any of the followings with respect to its use of the Services provided by BLC:
(1) Any behavior or act of disturbing, threatening, spoofing as, bewildering, tagging on after or otherwise giving a sense of anxiety to, any other User;
(2) Any use of any word suggestive of any sexual thing, any threatening word, any word with racial prejudice, any unlawful word, any vulgar word, any immoral word, any defamatory word or any other word giving a sense of anxiety;
(3) Any use of word slandering, libeling or otherwise defaming any other User or any third party;
(4) Any act of impersonating any director or employee of BLC or any of its affiliated companies;
(5) Any act of disclosing or conveying any personal information (whether being obtained from the Services or not) of any other User or any other third party;
(6) Any act of infringing or threatening to infringe any copyright, trademark right or any other right of BLC or any other third party used in connection with the Services;
(7) Any act of any commercial transaction, any advertising for the purpose of profit or any exchange of banned goods;
(8) Any act of violating any international laws, any constitution laws, any laws, any ordinances or any other rules and regulations;
(9) Any act of forming a group or organization, etc. of any religious, racial, sexual, ethnic or any other biased doctrine, or forming a group or organization, etc. of any intention to do commercial activities, or doing any activity of such a group or organization, etc., or inducing to such a group or organization, etc., or doing any religious activity;
(10) Any use of the Services for any purpose other than those intended under the Services;
(11) Any act of lending, transferring, changing names of, selling, pledging or granting a license for the use of, the account owned by the User under the Services, or pledging the above account as a collateral;
(12) Any act of using the Services by using any account not owned by the User under the Services;
(13) Any act of being against public policy;
(14) Any act of being combined with any crime;
(15) Any act of doing any unauthorized access or other act including, but not limited to, altering or deleting any information posted in the Website and/or the Application, or attempting to do any of the above;
(16) Any act of jamming of communications, wiretapping to the Services, intruding into any server operated under the Services and/or seizing any information;
(17) Any act of transmitting and/or posting any computer virus and/or any other unjust computer program and/or site information;
(18) Any act of developing, distributing and/or using any unjust tool, server simulator, client software (this client software means any program permitted for the User to download and use in any hardware devise, including, any mobile phone, smart phone and/or tablet, etc. of the User under each Internet Content Service. Hereinafter the same), and/or utility program, etc. for the purpose of any unjust use including any pirate copy and/or cheating, etc., and/or any act to provoke and/or recommend any third party to do any of the above;
(19) Any act of using any client software and/or server bug for any unfair purpose, and/or abetting and/or aiding to any third party such use thereof;
(20) Any act of altering, amending, adapting, producing any derivative work of, decompiling, disassembling and/or doing reverse engineering of, any client software, and/or any act to provoke and/or recommend any third party to do any of the above;
(21) Any act of distributing and/or lending to any third party all or part of any client software (including its copy), and/or reselling such client software without BLC’s permission;
(22) Any act of reproducing any software regarding the Services in any site of each Internet Content Service;
(23) Any act of selling and/or doing any non-free transaction of, via any internet auction, any serial code of any ticket and/or any coupon, etc. bought in the Services;
(24) Any act of disturbing and/or threatening to disturb any operation of the Services;
(25) Any act of being possible to interfere with BLC and/or any manager of the Services, other than those stipulated in this Article 9 above;
(26) Any act similar to any of those stipulated in this Article 9 above; or,
(27) Any act that BLC determines as inappropriate with respect to the operation of the Services.
Article 10 (Suspension of Using the Services)
1. BLC may immediately suspend any use of the Services by the User if the User falls into any of the followings:
(1) In case the User violates and/or threatens to violate any of this Terms;
(2) In case the User falls into any of the prohibited matters stipulated in Article 9, and/or the User disturbs and/or threatens to disturb any operation of the Services;
(3) In case there is any filing for the commencement of bankruptcy procedure or civil rehabilitation procedure, and/or the User itself files such commencement;
(4) In case any outflow of any user account attributable to any negligence of custody by the User, and it causes and/or threatens to cause any damage under the Services and/or any unjust use by any third party; or,
(5) In case, otherwise, BLC determines that the User interferes with any operation and/or performance of any service by BLC.
2. If a User makes more than one account registration and obtain more than one account, and BLC suspends any use of the Services by the User for any of such accounts in accordance with Article 10.1 above, BLC may suspend any use of all the accounts of the User under the Services.
Article 11 (Change, Addition and/or Termination of Any Service Contents of the Services)
1. BLC may change and/or add all or part of any service contents of the Services without the prior notice to the User.
2. BLC may terminate, at its discretion, its providing of all or part of the Services; and, in case of such termination, BLC will notify the User thereof in any manner that the User determines as appropriate.; provided, however, that, in case of urgency, BLC will be able not to do such a notice to the User.
3. Concurrently with the termination of any of the Services, the account registration of the User will be deleted, and the User may not use the Services thereafter.
4. BLC shall not be liable for any damage of the User arising out of any change, addition and/or termination of the Services under this Article 11.
Article 12 (Temporary Suspension of the Services)
1. BLC may temporarily suspend any of the Services without the prior notice to the User if any of the followings occurs:
(1) In case any maintenance and/or repair with respect to any hardware, software and/or communication devise equipment, etc. for the Services is conducted regularly or urgently;
(2) In case any service of any electronic communications company is not rendered;
(3) In case, because of any force majeure including any natural disaster, it is difficult to provide the Services;
(4) In case, because of any fire, electric outage or other unexpected accident, it is difficult to provide the Services;
(5) In case, because of any war, incident, convulsion, riot or labor dispute, etc., it is difficult to provide the Services;
(6) In case, otherwise, BLC determines as necessary to temporarily suspend.
2. BLC shall not be liable for any damage of the User arising out of any temporary suspension of the Services under this Article 12.
Article 13 (Deletion, etc. of the Data)
1. The User hereby agrees and consents in advance that all and any intellectual property rights in and to any text and/or data stored and/or accumulated by the User in the process of using the Services for the purpose of recording its own activities in the Services, including any status of usage and/or process of the Services (however, excluding any information and/or its data posted by the User at its discretion stipulated in Article 8) and/or any text and/or data automatically stored and/or accumulated by any equipment used under the Services (all the texts and data stipulated above in this Article 13.1 are hereinafter collectively referred to as the “Data”), shall belong to and be vested in BLC, and the User shall not have any right to claim for the Data.
2. In case BLC and/or any manager designated by BLC determines that any of the followings occurs with respect to the Data, BLC and/or such a manager may change, delete, move and/or do any dealing with, the Data as needed at their discretion:
(1) In case there is any act of the User with respect to any of the prohibited matters stipulated in Article 9;
(2) In case BLC and/or such a manager determines as necessary for any operation and/or maintenance;
(3) In case the volume of the maintained Data exceeds the volume prescribed for the equipment of BLC; or,
(4) In case, otherwise, BLC and/or such a manager determines as necessary.
3. BLC and/or any manager designated by BLC shall not be obliged to do any of the change, deletion and/or move, etc. under this Article 13, and BLC and/or such a manager shall not be liable for any determination thereon.
4. BLC and/or any manager designated by BLC shall not be liable for any damage incurred by the User and/or any third party by doing and/or not doing any of the change, deletion and/or move, etc. of the Data in accordance with this Article 13.
Article 14 (Disclaimer and Indemnity)
1. It will be possible that any User Information and/or any other data on the User may disappear and/or be lost by any force majeure matter beyond BLC’s expectation, including any failure and/or trouble of any equipment provided to the Services, any electric outage, etc., and/or out of order on communication line, etc. In addition, it will be possible that, further by any system failure, etc., any User Information and/or any other data on the User may disappear and/or become delayed. In case, unless otherwise being with BLC’s willfulness or gross negligence, any of the above in this Article 14.1 occurs and any User Information and/or any other data on the User disappears, is lost and/or becomes delayed, etc., BLC shall not be liable for any damage arising out of such disappearance, loss and/or delay.
2. The User shall be liable for all and any acts by the User’s using its user account in the Services and/or their consequences regardless of whether the User itself does such an act or not, and in case BLC and/or any third party incurs any damage in accordance with any use of the Services, the User itself shall indemnify BLC and/or any such third party from and hold them harmless against, all such damages, at the User’s costs and responsibilities.
3. In case there is any inadequacy of any information registered by the User upon the issuance of its user account, etc., the User itself shall be liable for any detriment to the User arising out of such inadequacy.
4. BLC shall not be liable for any cost and/or expense (including any phone charge, any charge for using any service, any contract fee and/or other fee for any service provider) with the suspension of the Services.
5. BLC shall not be liable against the User and/or any third party for any defect possibly arising out of using the Services. In addition, the Services shall be regarded as being limited to those available for BLC to provide upon BLC’s providing the User with such Services, and the User hereby acknowledges in advance that BLC does not warrant that there is no defect of the Services. Therefore, BLC shall not be liable for any completeness, accuracy, fitness for purpose and/or usefulness, etc. with respect to any information, etc. obtained by the User’s using the Services (including any computer program).
6. BLC shall not be liable against the User and/or any other third party for any consequence of BLC’s act in accordance with this Terms and/or the User’s using the Services, regardless of its cause whatsoever.
7. In case any agreement between BLC and the User with respect to the Services is regarded as a consumer contract under the Consumer Contract Act, any provision herein that discharges BLC from its entire liabilities shall not be applied. In this case, except as to BLC’s willfulness or gross negligence, BLC’s liabilities for any damage incurred by the User in accordance with BLC’s default hereof or tort shall be limited to any direct and general damages actually incurred by the User, and the amount of damages for such liabilities shall not exceed the amount of the fees for use already paid by the User.
8. In case the User causes or threatens to cause any damage to BLC with respect to the User’s use of the Services in accordance with any reason attributable to the User, BLC may be remedied against the User by any injunction prohibiting any breach of the User and/or be indemnified any damage.
Article 15 (Intellectual Property Rights, Trademark, etc.)
1. All and any copyrights and/or other intellectual property rights in and to all and any information in the Services shall belong to and be vested in BLC and/or any licenser that has granted such rights to BLC.
2. The User shall not use any of the Services beyond the scope of the private use under the Copyright Law.
3. In case any breach of this Terms causes any dispute and/or other matter, the User shall settle such matters by its costs and responsibilities and shall hold harmless BLC and/or any third party against any damages.
4. The territories of providing the Services shall be Japan, South Korea and/or any other global territories. Any use, reproduction and/or commercial exploitation of any visual content, product and/or trademark, etc. provided in the Services (hereinafter collectively referred to as the “BLC Contents”) shall be prohibited without BLC’s permission, regardless of any country and/or territory. In case any use, reproduction and/or commercial exploitation of any of the BLC Contents is found out, BLC may, at the time, suspend the User’s use of its account and/or delete the account and/or prohibit the User from using the Services thereafter. In case any dissemination of the BLC Contents by any such act mentioned above causes any detriment to BLC, the User shall be liable for such detriments and/or damages and BLC may take any legal measures in accordance with the laws and regulations.
5. Any trademark, logo and/or service mark displayed in the Website and/or the Application (hereinafter collectively referred to as the “Trademarks”) is the registered trademark and/or trademark of BLC and/or any third party. This Terms shall not be interpreted as any transfer or license of any of the Trademarks to the Ussr and/or any third party, and the User shall not make any trademark registration with respect to any of the non-registered Trademarks in the Website and/or Application. In addition, the User shall not make any application for any registration of any patent, utility model (including any right to the grant of patent and/or utility model) and/or any other intellectual property rights, and/or shall not enforce any of the above rights.
Article 16 (Withdrawal from Membership)
1. Simultaneously upon the cancellation of any membership of the Website and/or the Application, the User shall immediately forfeit and lose its membership thereof and all and any tickets, stamps and/or performance-recording visual contents (VOD) etc. bought therein shall disappear and become null and void. Please be noted that, in case of making any new account registration again, any ticket, stamp and/or performance-recording visual content (VOD) etc. owned in the previous account(s) shall not be transferred to such a new account.
2. Please be informed that, in case any account of the User is deleted by BLC in accordance with the User’s breach of this Terms, etc. and/or any harassment to any other User in the Website, and/or the User’s membership is cancelled contrary to its will, any User Information and/or any tickets, stamps and/or performance-recording visual contents (VOD) etc. already bought shall not be restored.
3. In case any account of the User is deleted by BLC in accordance with the User’s breach of this Terms, etc. and/or any harassment to any other User, any User Information and/or any tickets, stamps and/or performance-recording visual contents (VOD) etc. already deleted shall not be restored.
Article 17 (Governing Law)
This Terms and/or all and any legal relationships hereof shall be governed and construed in accordance with the laws of Japan, and this Terms shall be interpreted in accordance with the laws of Japan.
Article 18 (Jurisdiction)
Any dispute or controversy between the User and BLC with respect to the Services shall be subject to the agreed exclusive jurisdiction of the Tokyo District Court of Japan for the first instance.
Established on December 23, 2021