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Notes for Use

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Article 1 (Scope)

1. These Terms of Service set forth the terms of use of EventRegist (hereinafter referred to as “Service”) provided by EventRegist Co. Ltd. (hereinafterreferred to as the “Company”). These Terms shall apply to all Users and Members (hereinafter referred to as “Users”) with regard to all transactions arising out of or in relation to the Service. By using the Service, Users shall be deemed to have consentedto all provisions setforth in these Terms of Service.

2. The Company may from time to time amend these Terms at its discretion. Such amendments shall become effective upon presentation of the Service unless otherwise mentioned byCompany. Upon the use of the Service, Users shall review the current Terms of Service on the Service. When Users use (hereinafter including browsing of the Service) the Service after any amendment of these Terms becomes effective, Users shall be deemed to have consentedto all provisions setforth in such amended version of these Terms.

3. Any notes that the Company may post on the Service (hereinafter referred to as “Notes”) shall constitute a part of these Terms. In the case of any inconsistency between these Terms and the Notes, the Notes shall prevail. Any matters not stipulated in these Terms shall be determined by the Company in its judgment.

Article 2 (Definitions)

For purposes of these Terms, the following terms shall have the following meanings:

(1) “User” collectively means any person who uses the Service;

(2) “Member” means a person who completes the registration with the Company. The Member may register Event Information, apply to attend events organized by Event Organizer, etc.onthe Service (hereinafter referred to as the “Member Service”);

(3) “Member ID” means e-mail address information that the Member registered with the Company for the purpose of receiving the Member Service on the Service;

(4) “Password” means a character string used with Member ID for identification of a person upon the use of the Member Service on the Service;

(5) “Event Information” means event information that may be registeredinthe Service;

(6) “Event Organizer” means a person who registers Event Information and organizes an event; and

(7) “Event Attendee” means a person who applied to attend an event.

Article 3 (Member Registration)

1. A person who wishes to use the Member Service on the Service (hereinafter referred to as “Applicant”) shall, upon consent to the provisions of these Terms and the Company’s privacy policy, apply for member registration in accordance with the procedures prescribed by the Company.

2. A member registration shall complete when the Company accepts the application therefor, and the Applicant shall become a Member.

3. The Member shall register a usablee-mailaddress under its control as Member ID. When suche-mailaddress becomes not under its control,Membershall change the Member ID to a different usable e-mail address that is under its control.

4. The Member shall have full responsibility for management of its Member ID and Password, and shall not assign or lend its Member ID or Password to any third party under any circumstances. Provided, however, ifMemberorganizes an event with a third party or a third organizes an event on behalf ofMember, such third party shall not be included in “any third party” of this paragraph.

5. Please inform the Company immediately if the Member ID or Password becomes known to any third party or if the Member ID or Password is used or is likely to be used by any third party. The Member shall bear any damage due to insufficient management, fault in the use or improper use by any third party of its Member ID or Password, and the Company shall have no liability whatsoever for such damage.

6. Any act conducted by using the Member ID or Password may be treated as an act done by the Member with the registered Member ID or Password, and any result and responsibility arising out of and related to such use shall be attributed to such Member.

Article 4 (Termination of Member Registration)

If the Member wishes to terminate member registration, the said Member shall follow the procedures for termination of registration prescribed by the Company.

Article 5 (Cancellation of Member Registration)

If the Member breaches these Terms or in any other case that the Company deems necessary, the Company may cancel the member registration or suspend or restrict any use of the Member Service without notice. The Company shall have no liability whatsoever for any damages arising out of the same.

Article 6 (Suspension of the Service)

1. The Company may temporarily suspend or terminate the whole or part of the Service without prior notice or approval by Users in any of the following cases:

(1) When conducting maintenance or changing the specification of the Service;

(2) If the operation of the Service is difficult or impossible due to any occurrence or risk of acts of God, incidents, or any other causes of force majeure; or

(3) In any other cases the Company deems it necessary to temporarily suspend or terminate the Service or finds it difficult to operate the Service due to any operational or other reasons.

2. The Company may change any service contents, URL, or other aspect of the Service due to any operational or other reasons without prior notice.

Article 7 (Configuration)

1. Any equipment, facilities, software, and communication means necessary for Users to use the Service shall be appropriately installed and operated at Users own expense and responsibility.

2. The Company shall have no involvement in the Users’ access environment and bear no responsibility in relation to such installation and operation.

Article 8 (Personal Information)

The Company will properly manage information related to Users (hereinafter referred to as “Personal Information”) in accordance with the separately presented Privacy Policy.

Article 9 (Intellectual Property Right)

1. The copyright and other intellectual property rights related to any expression made by the Company through the provision of the Service shall belong to the Company.

2. The copyright and other rights related to Event Information registered in the Service and comments posted by Users (hereinafter referred to as “Event Related Information”) shall belong to such Users who registered or posted such Event Related Information. Provided, however, Users shall license the Company to freely conduct the following matters with or without charge and agree not to exercise the moral rights of an author, such as any decision of modification or publication with regard to Event Related Information:

(1) Review the contents ofEvent Related Information;

(2) Post or not post Event Related Information on the Service (may not be posted based on the specific standards);

(3) Post Event Related Information after a modification;

(4) Modify or delete Event Related Information after such posting;

(5) Use Event Related Information in the media other than the Service designated by the Company;

(6) Modify Event Related Information when using the media prescribed in the preceding Item; and

(7) Modify or delete Event Related Information after it is used in the media prescribed in Item5.

Article 10 (Prohibited Matters)

1. Users shall not engage in the following acts in using the Service; and the prohibited matters stipulated in this Article shall apply to messages when using the message delivery features related to the Service:

(1) Acts of intentionally registering false information as its own or another person’s name, address, phone number, e-mail address, etc.;

(2) Acts of posting false information as Event Related Information;

(3) Acts of posting another person’s name, e-mail address, address, phone number, or other information that can identify the specific individual (including but not limited to the cases used as a poster’s name or in the contents posted);

(4) Acts of obtaining another person’s personal information fromEvent Related Information;

(5) Acts of transmitting or posting any information by impersonating another person;

(6) Acts of posting matters related to another person’s privacy;

(7) Actsofpreventing the operation of the Service, acts of unauthorized altering of the Service, or acts of posting any content that damages or may damage the Company’s credit;

(8) Acts of posting any inquiries or claims related to any features of the Service or the accuracy of information;

(9) Acts of transmitting or posting any harmful computer programs or act of transmitting spam mails, chain letters, junk mails, etc.;

(10) Acts of using the Service for any purposes other than as intended by the Company;

(11) Acts of causing a nuisance for the Company or third parties;

(12) Acts of posting or uploading any contents that infringe or may infringe the copyrights, trademark rights, or other intellectual property rights of the Company or any third party, or the rights to privacy, rights of publicity, honor, or any other rights of any third party;

(13) Acts of using any expression that is or may be the abuse, defamation, or infringement of the honor or privacy of the Company or any other specific company, corporation, organization, region, or person, as well as acts considered discriminatory or inappropriate (including using turned letters);

(14) Acts of posting any public office election campaigns, soliciting for a specific religion or ideology, or similar acts;

(15) Acts of posting indecent material, such as pornographic novels, photographs, or sexual solicitations;

(16) Acts of posting material that increases violence or brutality, incites or encourages criminal activities, or hinders the sound development of children and juveniles;

(17) Acts of inducing or encouraging alcohol drinking and smoking by minors;

(18) Acts of posting discriminatory expressions, nonsense, or grotesque material;

(19) Acts that lead or may lead to crimes of fraud, abuse of controlled substances, prostitution, or money laundering;

(20) Acts of intentionally posting multiple Events Information or comments that contain the same content;

(21) Acts of posting material that is or may in violation of laws and regulations or offensive to public order and morality; or

(22) Any other acts of posting or using material or expressions that the Company deems inappropriate for the Service.

2. In principle, Users shall not useEvent Related Informationin which any third party has the copyrights or other rights and that is not their property (e.g., photographs that any third party is the subject, copyrighted works created by any third party, comments made by any third party) (hereinafter referred to as “Third Party Work”) in the Service. When Users wish to post or publishThird Party Work, Users shall obtain approvals from all persons who have the rights to the Third Party Work (including but not limited to any person who has the rights to privacy or of publicity, or who has the copyrights in Event Information or comments) regarding the provisions of these Terms and such post or publication and shall only post or publish such Third Party Work wherein the said approvals have been obtained.

3. If Users breach this article or engage in any other act that the Company deems inappropriate for the operation of the Service, the Company may delete the whole or part ofEvent Related Informationwithout the Users’ approval. The Company may also take any necessary measures, such as suspension of the use of the Service, termination of membership or claims for damages (including legal measures).

Article 11 (No Assignment)

Users shall not assign to any third party or furnish as security the status as Users and the rights and obligations under such status regarding the Service without prior written approval of the Company. The said rights and obligations include the right of the Event Attendee to attend an event;provided however, such right to attend the event may be assigned to a third party without the Company’s approval if Event Organizer approves the same.

Article 12 (Company’s Responsibilities)

1. Users shall use the Service at its responsibility, and the Company shall have no involvement in User activities. Any dispute between Users shall be settled between the Users concerned, and the Company shall have no responsibility whatsoever therefor.

2. The company shall have no responsibility whatsoever with regard to any usability, reliability, veracity, integrity, accuracy, safety, certainty, legality, or currency of all information provided in the Service (hereinafter including any information provided through e-mails transmitted in relation to the Service and any information included in any linked site operated by any third party that is displayed on the Site).

3. The Company shall have no concern with any problems that may occur between Users or between the User and any third party in relation to the Service. Such problems shall be settled between the parties concerned.

4. The Company shall not be liable, for any reason whatsoever, for any damage that may occur to the User due to any temporary suspension or termination of the Service or any modification ofservice contentsin orURLof the Service, or any other damage that the User may incur through or in relation to the Service (any and all detriment including emotional distress and monetary loss), unless such damage occurs due to any malicious intent or gross negligence of the Company

5. The Company shall assume no liability whatsoever for any damage or detriment caused by any communication or computer failure, system disruption, or delay due to overwhelming accesses, loss of data from the computer system, unauthorized access of data, or infection of computers by a virus via e-mail or other contents transmitted in relation to the Service.

6. Any liability of the Company to Users shall be limited to ordinary and direct damages actually occur to Users. The Company shall not be liable for any indirect, special, incidental, consequential, or contingent damages (including but not limited to loss of use or data) even if the Company has been advised in advance of the cause orpossibilityof occurrence of such damages.

Article 13 (User Responsibility)

1. The User shall, at its responsibility and expense, indemnify the Company or any third party against any damage incurred by the Company or such third party due to any breach of these Terms by Users.

2. If the Company incurs any damage due to any breach of these Terms by the Event Organizer, the Company may offsetdamagesagainst the event entry fees collected from the Event Attendee.

Article 14 (Credit Card Payments)

When Event Attendees use credit cards to purchase tickets from Event Organizers through the use of the Member Service, the Company acts as the merchant of the credit card companies and receive payments on behalf of the Event Organizers. With respect to credit card transactions, the right of the Event Organizers to receive advance payments made to the Company (not the actual receivables) is being assigned from the Event Attendees to the Event Organizers.

Article 15 (Collection, Retention, and Use of Data of Event Organizers)

Each Event Organizer acknowledges and agrees that in order for the Event Organizer to conduct credit card transactions through the use of the Member Service, credit card companies may collect, retain, and use the following information concerning the Event Organizer (collectively, the “Data”), provided that such credit card companies obtain the Data on an as-required basis and take proper security measures to protect the Data:

(1) theEvent Organizer’s trade name (if an individual, such individual’s name), address, ZIP code, telephone (FAX) number, representative’s name, gender, address, date of birth, home telephone number;

(2) anydetails of credit card transaction between the Company and credit card companies that relate to the sale of tickets by the Event Organizer;

(3) informationconcerning the treatment of credit cards by the Event Organizer;

(4) informationconcerning the use, payment, and payment history of credit cards by the Event Organizer which is obtained by the credit card companies; and

(5) informationconcerning the contents of Event Organizer’s verification documents such as business permits.

Article 16 (Exclusion of Antisocial Forces)

Each User represents and warrants that such User is not currently an organized crime group, a member of an organized crime group, a person who stopped being a member of an organized crime group less than five years ago, a quasi-member of an organized crime group, an organized crime affiliated enterprise, a ‘Sokaiya’ corporate extortionist or the like, an organized crime group feigning advocacy of a social movement etc., ‘specialized knowledge’ organized crime group (tokushu-chino-boryoku-shudan) or the like, or other party commensurate thereto (hereinafter referred to as a “Member of an Organized Crime Group, Etc.”) or that User does not fall under any one of the following set forth in paragraph 1 below and firmly promises that the User will not fall thereunder in the future, and that User promises that it will not engage or cause a third party to engage in the following acts set forth in paragraph 2 below. Regardless of intent or negligence, should any User be determined to be in violation of the above representations and warranties or promise, such User shall consent without objection to the cancellation of its member registration and the termination of the Service and the Terms of Service. Usershall make no claims against the Company even whenUserhas suffered damages through the cancellation of its membership registration or the termination of the Service or the Terms of Service. However, User shall be liable for damages suffered by the Company due to the violation of this article.

 

1. Userrepresents and warrants that:

(1) itdoes not have a relationship where it can be found that a Member of an Organized Crime Group, Etc.hascontrol over its management;

(2) itdoes not have a relationship where it can be found that a Member of an Organized Crime Group, Etc.hassubstantial control over its management;

(3) itdoes not have a relationship where it can be found thatUserunjustly utilizes a Member of an Organized Crime Group, Etc., for example, for the purpose of gaining unjust profits for himself/herself, his/her company or a third party, or for the purpose of inflictingdamageson a third party;

(4) itdoes not have a relationship where it can be found that there is an involvement with a Member of an Organized Crime Group, Etc., for example, providing funding or other conveniences; or

(5) itsofficer or a person substantially involved in its management has a socially unacceptable relationship with a Member of an Organized Crime Group, Etc.

2. User promises that it will not engage or cause a third party to engage in the following acts:

(1) makeviolent demands;

(2) makeunjust demands beyond the scope of legal liability;

(3) usethreatening language or actions, or violence in connection with transactions;

(4) disseminaterumors, or use fraud or force to damage the credit of the Company, or interfere with the business of the Company; or

(5) engagein acts otherwise commensurate to any of the foregoing.

Article 17 (Governing Law and Jurisdiction)

These Terms shall be governed by the laws of Japan, and the Tokyo District Court shall be the agreed court of the firstinstance havingexclusive jurisdiction over any and all disputes related to these Terms.

 

SupplementalProvision

These Terms shall be enforced from October 15, 2011.
Last updated: October 13, 2015