Bitfan Terms of Service
Article 1 Definition
- 1. The terms provided for in this TOS shall be defined as per each item below:
- (1) “The Services”: refer to all services to be provided by Internet Service “Bitfan” operated by the Company
- (2) “Bitfan ID”: refers to an identification code that enables to use the Services in a cross-sectional way without inputting Personal Information for each Individual Service provided for in (9) of this paragraph after a unique ID is given to persons who wish to use the Services through the procedures provided for in Article 2
- (3) “Owner(s)”: refer to corporations or individuals which/who open the Individual Service provided for in (10) of this article after registration of Bitfan ID
- (4) “User(s)”: refer to persons who desire to use the Services and who have completed Bitfan ID registration
- (5) “User(s), etc.”: refer to all persons, including Owners and Users, who use the Services
- (6) “Registration Information”: refers to all information that persons wishing for Bitfan ID registration, Owners or Users provide to the Company for the purpose of receiving the Services
- (7) “Personal Information”: refers to, among Registered Information, information that can identify the specific individual (including such information as will allow easy reference to other information and will thereby enable the identification of the specific individual)
- (9) “Individual Service”: refers to the following service Owners provide to Users in the Services, which include, without limitation, paid membership service, product sales service, cheering comment service, trade service, ticket service and electronic settlement service
- (10) “Point Linkage Service”: refers to service enabling to issue Points through linkage with Bitfan. The Services link with, without limitation, YouTube, Twitter, Spotify, SHOWROOM, AMPILE, and LiveFans
- (11) “Points”: refer to points to be granted through the Individual Service, Point Linkage Service, or action records of Users, etc. Points will be granted for each Owner
- (12) “Hearts”: Users may purchase Hearts in cheering comment service in order to emphasize the cheering comment. For detail, please see Article 5 of the User Terms of Service
- (13) “Trade”: means that in trade service, Points can be exchanged between Users. For detail, please see Article 6 of this TOS
- (14) “Point Privileges” refer to various privileges to be given according to the number of accumulated Points that are granted based on action records, etc of Users (as an example, including, without limitation, “ticket preferential purchase right”, “right to participate in the limited event” and “gift of goods”). For detail, please see Article 7 of this TOS
- (15) “Bitfan PASS”: refers to the name of service in which one purchases a ticket through ticket service to obtain the right to participate in an event, etc. offered by an Owner and can make settlement therefore
- (16) “The App”: refers to app for smartphones to be provided by the Company for Users, etc. to use the Services. Users, etc. shall use the App by downloading it on their smartphones
- (17) “Authenticated Smartphone”: refers to a smartphone which has been authenticated after going through terminal authentication in order for a User, etc. to use trade service and ticket service among the Individual Service
- (18) “Withdrawal (withdraw)”: means that Users, etc. delete Registered Information by the method prescribed by this TOS and the Company to terminate receiving of any Services (including Points and provision of Point Privileges, and return of revenue) or operation of the Individual Service
Article 2 Bitfan ID Registration
- 2. Use registration for the Services is free of charge. However, expenses to be required for downloading the App, as well as communication expenses, etc. for using the App and the Individual Service and browsing shall be separately borne by Users, etc. When using the Individual Service provided for in Article 1 and Point Linkage Service provided for in Article 2 of this TOS, usage fee set in the relevant Individual Service or Point Linkage Service may be incurred separately.
- 3. When a minor, an adult ward, a person under curatorship or a person under assistance makes ID Registration, he/she must take registration procedures in accordance with Paragraph 1 of this article after obtaining the consent of the statutory agent, the guardian, the curator, or the assistant without fail. In the absence of such consent, the relevant customers cannot make ID Registration.
- 4. Upon completion of ID Registration, the Company will analyze the usage status of a User in the Individual Service and grant Points and authenticate the User. Please note that you shall make ID registration after agreeing to the foregoing in advance.
- 5. If a customer falls under or if the Company determines he/she falls under any of the following, the Company may, in some cases, refuse the use registration of such customer or revoke the use registration already approved:
- (1) When eligibility for the use of service of the Company or its business partners, including the Services, was disqualified in the past;
- (2) When there is a false statement, misdescription or omission in all or part of Registered Information;
- (3) When a minor, an adult ward, a person under curatorship or a person under assistance makes use registration without obtaining the consent of the statutory agent, the guardian, the curator, or the assistant;
- (4) When a customer falls under or is involved with anti-social forces (meaning an organized crime group, a member of an organized crime group, a company involved with an organized crime group, a corporate racketeer, a political activities racketeer or a crime group specialized in intellectual crimes, or any other persons equivalent thereto and persons who have close relationship with them, and persons who have a background of taking part in anti-social activities); or
- (5) Besides the foregoing items, when the Company determines he/she is not suitable for using the Services as a User, etc.
- 6. Use registration shall be 1 account for 1 customer. If a customer alone acquires more than 1 account, or if a customer creates 1 account for the purpose of sharing it with more than 1 customer, the Company may invalidate all or part of ID Registration in some cases.
- 7. A customer may, by making an offer of Withdrawal through the Company’s prescribed procedures, cancel ID Registration at any time to terminate the use of the Services; provided, however, that the customer shall, at the time when he/she has made an offer of Withdrawal, be excluded from each Individual Service and the User’s Point calculation under Point Linkage Service, and be deemed to have agreed to waive any and all rights to receive privileges of Points, etc. he/she possess.
- 8. In the event of death or forfeiture of a legal personality, the customer shall lose the status as a User, etc. at that point.
Article 3 Grant of Points
- 1. According to the usage status of the Individual Service and the content posted on Point Linkage Service by Users, Points will be granted, and certification of the granted Points will be carried out by the Owner at the timing separately set by the Company. Because Points are granted by the Owner, Users may not add up or exchange Points acquired between different Owners. The standard of Points may be changed in some cases without the notice.
- 2. Points have different names by the Owner. Therefore, the unit other than “Point” will be used (e.g.: calling Point as “Lemon” and counting 1 Lemon, 2 Lemons…) in some cases.
- 3. Points will be added or changed by the Owner from time to time. If an Owner abolished the Services or the Services is abolished, Points or the ranking already given to a User in relation to the Owner shall automatically expire. The Company or business partners cannot be liable for damages incurred by the User due to expiration of Points or the ranking.
- 4. If a User is revealed to have received the grant of Points by means determined to be illicit by the Company, the Company may invalidate the whole or part of Points granted to the User or suspend/delete the user qualification. The Company or business partners cannot be liable for damages incurred by the User due to the foregoing measures.
- 5. If Points granted to a User in the Services is not correctly reflected due to program failure and so forth, the Company may, at its judgment, adjust the proper number of Points and certification of Points; however, please note before using, that the grant of Points cannot be adjusted sometimes if failure occurs in Point Linkage Service itself with which the Services link. The Company or business partners cannot be liable for damages incurred by the User due to the foregoing measures.
- 6. The number of Points possessed by Users and the rank order of certified Points may be published with nicknames registered by Users in the Services, etc., based on the judgment of the Company or a business partner.
Article 4 Point Linkage Service
- 1. Tallying of the usage status in the Individual Service, reflection according to the timing of the grant of Points, calculation standard of the number of Points to be granted and the content of Point Privileges shall be determined and renewed at the discretion of the Company. The Company cannot reply or respond to inquiries or requests regarding them.
- 2. The Individual Service will be changed from time to time. If a specific Individual Service is excluded from the Services, the usage status of Users under the said Individual Service shall be excluded from Point calculation thereafter, which accordingly may not be reflected in the grant of Points in the Services.
- 3. When a User starts the use of the Services, the content posted on Point Linkage Service by the User will be tallied upon request of the User or automatically, and the grant and certification of Points calculated based on the result of tallying will be performed as appropriate. To grant Points based on the content posted on Point Linkage Service and to carry out certification, Users need to configure a setting to permit the linkage with the Services by themselves in each Point Linkage Service.
- 4. Propriety of automatic tallying of the content posted by Users on Point Linkage Service and the judgement criterion for the number of Points to be granted will be determined, renewed or changed by the Point Linkage Service at the Company’s judgement. The Company cannot reply or respond to inquiries or requests regarding the judgement criterion, etc.
- 5. The scope of Point Linkage Service will be changed from time to time. When Point Linkage Service is excluded from the Services, the content posted by Users on the said Point Linkage Service thereafter will not by covered by Point calculation.
Article 5 Use of Hearts
- 1. Users may, by purchasing and using “Hearts” set forth in Paragraph 1 (12), Article 1 of this TOS, which is sold through procedures separately prescribed by the Company (hereinafter Users who have purchased Hearts shall be referred to as “Purchasing Users”), highlight the cheering comment to the contents posted by Owners. Hearts are available to use promptly after purchase, but cannot be stored. Please note in advance that the Company may not accept refund or cancellation of Hearts once purchased unless otherwise it especially admits.
- 2. The Company may, in some cases, set the ceiling on the quantity of Hearts that Users can purchase, possess or use.
- 3. Hearts may be used only for the purpose of highlighting cheering comment by the Purchasing Users in accordance with the procedures separately prescribed by the Company and may not be used for any other purposes. The Purchasing Users shall be prohibited from letting others use Hearts they possess or lending, assigning, selling/purchasing or pledging them.
- 4. The Purchasing Users may, by using Hearts at the quantity separately prescribed by the Company, display the comment to the contents posted by the Owner at the higher position. If the Company determines that any content that is against public policy or otherwise the content falling under the prohibited matters provided for in this TOS is included in the comment the Purchasing User transmits, it may suspend or cancel the transmission of the said comment to the Owner. In this case, The Company will neither refund the payment for Hearts purchased to the Purchasing User nor compensate for the quantity of Hearts used, and shall not be liable therefore.
- 5. If a Purchasing User duly manifests with using Hearts, an intention to cheer the contents registered by an Owner, the nickname of the Purchasing User and quantity of Hearts used will be published on the relevant content.
- 6. Use of Hearts is just manifestation of an intention to cheer the content registered by an Owner, therefore, any reply from the Owner or other privileges shall not be promised. Also, the use of Hearts is not service in which the Purchasing User remits the whole or part of the payment for purchase of Hearts to the Owner. Please note the foregoing before use.
- 7. Comments transmitted by Users cannot be deleted. In the event any dispute arises between a Purchasing User and an Owner in relation to the use of Hearts, such dispute shall be settled between the parties concerned and the Company shall not be liable therefore.
Article 6 Trade Service
- 1. Users may, only by the method provided for by the Company in this article, this TOS and explanation pages, etc. of trade service, sell Points they possess (hereinafter the Users who sell Points shall be referred to as “Selling Users”) and purchase Points that the Selling Users desire to sell as their own Points (hereinafter the Users who purchase Points shall be referred to as “Purchasing Users”) (hereinafter referred to as the sale and purchase of Points shall be collectively referred to as a “Trade”). Trade Service is the service to be provided only in the App. For clarity, the Company merely provides platform service of the Trade, and the Trade shall be carried out at the risk of the Selling Users and the Purchasing Users as the contracting parties.
- 2. If a User desires either the sale or purchase of Points, it is necessary for the User to, in accordance with the method prescribed by the Company, firstly verify identity and register any one of his/her bank accounts the Company designates.
- 3. A Selling User shall, when applying for the sale of his/her Points, specify the number of Points he/she desires to sell out of the valid Points in his/her possession as well as the preferred amount to be received through the sale of such Points in accordance with the Company’s prescribed procedures. Points that a Selling User desires to sell will, when the Company has approved the application for sale of the said Points, be put up for Trade Service at the amount adding the 20% (hereinafter referred to as the “Trade Service Usage Fee” in this article) to preferred receipt amount of the Selling User (hereinafter referred to as the “Trade Amount”). A Purchasing User may, in accordance with the Company’s prescribed procedures, purchase the unpurchased Points put up by the Selling User by paying such Trade Amount. 10% out of Trade Service Usage Fee is revenue to Owner, remaining 10% Trade Service Usage Fee is Company’s fee. The Selling Users may not designate only specific Users as the Purchasing Users.
- 4. A Selling User may, only during a period after putting up Points he/she desires to sell until a User desiring to purchase applies for the purchase, cancel the sale of the relevant Points by the prescribed method specified by the Company. The Selling User may, even for the Points to which once he/she has dropped the will to sell, take again the procedures for selling Points, regardless of the number of the Points or whether the preferred receipt amount is changed or not.
- 5. A Sales Agreement (Trade) shall be formed between a Selling User and a Purchasing User concerning the relevant Points at the time when the settlement process for the Trade Amount has completed after the Purchasing User applied for the purchase of Points validly exhibited and the Company has approved such purchase application. The Purchasing User shall acquire any and all rights, including the ownership, to/in the Points and the Selling User shall forfeit any and all rights, including the ownership, to/in the Points. The Purchasing User may not, for whatever reason, revoke or cancel the Point purchase after he/she has applied for the purchase; however, if the Company is unable to confirm the payment-in of the Trade Amount by the Purchasing User within the period separately set by the Company for the payment by the Trade, the Company may invalidate the said purchase application.
- 6. After completion of settlement process for the Trade Amount with respect to Points put up by a Selling User, the preferred receipt amount he/she has specified at the time of putting up the Points will be registered on the account of the Selling User under the Services. The User wishing to withdraw the preferred receipt amount from his/her account shall apply for withdrawal by the method separately designated by the Company; the amount specified by the application will be transferred to the User’s bank account which is registered pursuant to Paragraph 2 of this article; i) by the last day of the month if the application is made before the 15th of each month or ii) by the 15th of the following month if the application is made after the 16th and before the last day of each month. All fees associated with the transfer shall be borne by the User who has applied for withdrawal.
- 7. The Company may set the ceiling on the withdrawal amount per case in relation to the application by a User pursuant to the preceding paragraph of this article.
- 8. If a certain period time have elapsed without the application for the amount which is registered with the User’s account pursuant to Paragraph 6 of this article (hereinafter referred to as the “Retained Amount”), the Company shall transfer the Retained Amount to the User’s bank account registered pursuant to Paragraph 2 of this article, regardless of whether the application is made by the User or not. The transfer fee shall be borne by the User.
- 9. In a Trade, various registrations set forth in Item 2 of this article and exhibition of Points shall be free of charge. If a Trade is concluded, Trade Service Usage Fee will be incurred, and the Selling User shall pay the said Trade Service Usage Fee to the Company by the method specified by the Company.
- 10. A User shall, when applying for a Trade, grant to the Company authority to receive from a Selling User the Trade Amount and any other payments in relation to the said Trade on his/her behalf, and moreover, permit the Company to grant to a settlement business operator and a business operator for receiving agency service (hereinafter referred to as the “Designated Settlement Business Operator, etc.”) authority to receive the Trade Amount and any other payments in relation to the Trade on behalf of the Company. In addition, the Purchasing Users shall acknowledge that they just pay the sales price debts they owe as obligation associated with the Sales Agreement concerning Point Purchase to the Company, which has authority to receive the Trade Amount and any other payments in relation to the Trade, therefor they have not commissioned the Company or the Designated Settlement Business Operator, etc. to transfer funds.
- 11. The Company prohibits the acts set forth in each item below by Users in a Trade. If the Company admits that a User has committed an act falling under each item below, the Company may, for whatever reason, take necessary measures against the said User without notice, including suspension of use of the Trade, suspension of use of the Services, confiscation of Points and/or preferred receipt amount, revocation of the account and cancellation of the said Trade, whereas the User may not claim compensation for damages it suffers due to such measures against the Company:
- (1) Acts the Company determines that they fall or are likely to fall under money laundering;
- (2) Acts violating various rules provided for by the financial institution registered under Paragraph 2 of this article;
- (3) Acts violating the credit card membership terms;
- (4) Acts the Company determines that they are intended for cashing of the credit shopping quota;
- (5) Acts of conducting a Trade or other transactions with respect to Points by means other than those approved by the Company or acts attempting to conduct the said acts;
- (6) Acts intending to form a Trade by making another person fall into error;
- (7) Acts intending not to form a Trade of another person;
- (8) Acts of making an offer of sale without an intention of sale or acts of making an offer of purchase without an intention of purchase;
- (9) Acts intended to, by themselves or in conspiracy with another person, mislead others that the Trade of a specific Points is booming; and
- (10) Otherwise, breach of laws and regulations, and acts provided for in each item of Article 8 (Prohibited Matters) of this TOS
- 12. The Company is providing platform service to trade Points and it does not manage the Trade conducted by each User. The Company will assume no responsibility for any disputes arising between Users or between a User and others in relation to the Trade, and each User shall individually deal with such disputes at his/her expense and on his/her own responsibility. Furthermore, if a User inflicts damages on another User or others due to the Trade or an act relating to the Trade, the said User shall compensate therefor at his/her expense and on his/her own responsibility and the Company shall assume no liability for those damages.
Article 7 Point Privileges
- 1. Users may receive Point Privileges provided for in Paragraph 1 (14), Article 1 of Bitfan Terms of Service for Points accumulated through use of the Services.
- 2. The content and the timing of offering/number of offering times/offering terms, etc. shall be determined at discretion of Owners. Please note that the Company cannot reply or respond to inquiries or requests regarding Point Privileges.
- 3. In offering Point Privileges, certain conditions (meaning, for example, that the User shall be an adult, he/she can gather on the specific date at the specific place or sending destination of a gift is in Japan, etc.) may be set to Users by business partners which provide the Point Privileges. In this case, even if the User could not receive the privilege due to his/her inability to satisfy the conditions set, the Company or its business partners shall not be liable to the User. Expenses to be needed when Users receive the privilege (meaning, for example, transportation expenses/accommodation expenses for participating in the limited events and taxes, etc.) shall be borne by Users themselves.
- 4. Neither the Company nor its business partners, unless otherwise specifically represented, give any guarantee to Users with respect to the content or the timing of offering/implementation frequency, etc. of Point Privileges.
- 5. The right to receive Point Privileges by Users may not, regardless of with/without charge or for whatever reason, be assigned, lent, offered as collateral to others or inherited.
- 6. If a User receives Point Privileges by means of acquiring the grant of Points, which the Company or its business partner determines illicit, the Company or the business partner may stop providing Point Privileges or demand the return of the offered privilege against the User. The Company or its business partner cannot be liable for damages incurred by the User due to the foregoing measures.
Article 8 Prohibited Matters
Users, etc. shall be prohibited from conducting the following acts within the Services (including the Individual Service and Point Linkage Service). If the Company determines that a User, etc. commits an act falling under any of the following, the Company will apply suspension of use of the Services, deprivation of Points the User will acquire, revocation of the User’s right to receive Point Privileges (including return/confiscation of Point Privileges already offered), suspension of profit return to Owners, suspension of use qualification for the Services and Withdrawal from the Services, etc. The contents of disposition will be determined based on the Company’s judgment. In addition, in the event damages are incurred by the Company or its business partners due to violation by Users, etc., they may claim damages in some cases:
- (1) Violation of this TOS, the Terms of Service of other services operated by the Company and the Terms of Service of the Individual Service and Point Linkage Service (hereinafter collectively referred to as this “TOS, etc.”) or unjustifiable use;
- (2) Acts that violate or are likely to violate laws and regulations (such as laws/treaties/cabinet ordinances/municipal ordinances, whatever, regardless of the name, including publicly binding norms) or public policy. Or acts that induce or encourage illegal acts;
- (3) Acts of infringing the rights (including, without limitation, any and all intellectual property rights including copyrights, right of publicity and privacy rights) of others including other Users, etc.;
- (4) Acts of collecting/accumulating third parties’ Personal Information and acts of disclosing to the public own or third parties’ Personal Information (however, cases where such acts are conducted to the extent necessary for tallying Points and offering privilege are excluded);
- (5) Slander and menace against others or any other acts making others uneasy and unpleasure;
- (6) Acts of giving others an unpleasant feeling such as obscene expression, discriminatory expression, violent expression, grotesque expression or any other inappropriate expressions, etc.;
- (7) Acts that foment or that are likely to lead to discriminatory sentiment or hatred regarding race, ethnic group, sex, religion or other attribution;
- (8) Business activities for themselves (including, without limitation, solicitation), pre-election campaign and other political activities, missionary work and other religious activities;
- (9) Acts that Owners and Users communicate to each other or conduct a transaction, etc. that go beyond the intent and purpose of the Services;
- (10) Acts of sending e-mail of advertising/solicitation, etc. or e-mail that develops a feeling of disgust (including e-mail which is liable to do so) to others without permission, acts of hindering receipt of e-mail by others, acts of requesting chain e-mail forwarding or acts of forwarding in response to such request;
- (11) Spoofing through impersonating the Company, its group company, an outsourcer, another Owner, another User, a business partner, a contractor or by any other means;
- (12) Acts placing unreasonable burden on network or servers beyond the acts of normally using the Services or acts encouraging it, or otherwise acts of hindering or interfering with operation and provision of the Services or the others’ use;
- (13) Transmitting information containing harmful computer program, including computer virus, or acts of making others be in receivable state thereof;
- (14) Acts of illicitly using or altering data in relation to the Services, etc.;
- (15) Submitting fraudulent or misleading declaration or notification to the Company or its business partners/contractors;
- (16) Acts of making User or Owner registration on behalf of the person whose use of Bitfan ID is suspended or use registration is invalidated;
- (17) Acts of using the Services, etc. through the use of another person’s account and acts of letting another person use the account by sharing own ID password, regardless of with or without the principal’s consent;
- (18) Acts of acquiring Registered Information, etc. of other Users, etc. by fraudulent means (including so-called phishing and any means equivalent thereto);
- (19) Acts of hindering operation of the Services, acts of hindering exchange or sharing of information which is led by others, acts of giving disadvantage to the Company or others such as discrediting or infringement of property right;
- (20) Acts of abusing services/merchandise, etc. provided by the Company;
- (21) Acts of significantly interfering with operation of the Services or business of the Company through long time telephone calling, excessively repeating the same inquiries or compelling the matter without obligation or without reason;
- (22) Acts of making the privilege of paid membership service, ticket, rights/goods, etc. acquired as Point Privileges be the subjects of non-free transactions under the Services (transactions under Trade Service, however, are excluded) or outside the Services (including acts of making them the subjects of re-sale or Internet auction);
- (23) Acts of altering or deleting, etc. the contents or information of the Services or contents or information of other Users, etc.;
- (24) Exploiting the contents or information provided in the Services, etc. for the purpose other than the purpose of personal use beyond the scope accepted by this TOS, etc. whereby they will be available/browsable to the public, inside or outside network;
- (25) Acts of illicitly acquiring data in relation to the Services, etc. or disclosing or assigning (regardless of with/without charge) the data to others;
- (26) Delay in/non-payment of/delinquency in payment of service usage fee or other debts under the Company’s services, including the Services;
- (27) When the registered credit card is unusable; and
- (28) Any other acts the Company determines inappropriate in the light of the purport of the Services
Article 9 Use Environment
- 1. Users, etc. shall prepare for communication devices and software necessary for using the Services as well as all other equipment needed incidental thereto at their expense and on their own responsibility and place them in available state according to the use environment recommended by the Company. Furthermore, in using the Services, Users, etc. shall, at their expense and on their own responsibility, connect them to Internet via telecommunication service or telecommunication line they voluntarily select.
- 2. Users, etc. shall, by reference to information provided by the authorities concerned, maintain security according to their own use environment, such as prevention of computer virus infection, unauthorized access and information leakage.
Article 10 Restriction on Use
- 1. The Company may, if a User, etc. falls under any of the following, restrict in some cases the use of the Services by the User, etc. without obtaining the consent of the User, etc.:
- (1) When determining that due to infection of worm virus or mass-mailing route, etc., damages are liable to be extended to others through involvement of the said User, etc.;
- (2) When the User, etc. cannot be contacted by phone call to the phone number or e-mail to the mail address which are included in the User, etc.’s Registered Information or by the notice, etc. on the Services;
- (3) When a postal matter sent to the User is returned to the Company; or
- (4) Besides the foregoing, when the Company deems it with high urgency
- 2. Even if any damages are incurred by the User, etc. due to the Company’s restriction on use of the Services by the User, etc. pursuant to the preceding paragraph, the Company will not be liable therefore.
Article 11 Notification of Change of Registered Information
- 1. Users, etc. shall, if there is any change in Registered Information provided for in Article 1, promptly submit notification of change of Registered Information to the Company by the method prescribed by the Company.
- 2. If notices (including ticket information) from the Company did not arrive at a User, etc. due to his/her failure to submit the notification in the preceding paragraph (including a case where information notified is incorrect), the Company may deem that such notices have arrived at the time when they should normally have arrived, and Users, etc. shall agree thereto in advance. Furthermore, the Company or business partners cannot be liable for damages suffered by Users, etc. due to their failure to submit notification of change of Registered Information.
Article 12 Suspension/Deletion of Use Qualification
- 1. The Company may, in some cases, if it determines a User, etc. has committed breach of laws and regulations, violation of the prohibited matters or this TOS, or if a User, etc. becomes unable to use his/her account, for whatever reason, suspend Bitfan ID and delete use qualification or cause him/her withdraw from the Services.
- 2. If use qualification is deleted pursuant to the preceding paragraph, all Points granted to the User will become void, and all rights to receive Point Privileges possessed by the User will become void. Furthermore, the Company and its business partners may, in some cases, demand that the User whose user qualification has been deleted return Point Privileges already offered.
- 3. The Company or its business partners cannot be liable to the User for damages incurred by the User, regardless of the content or degree, as a result of the preceding two (2) paragraphs.
Article 13 Discontinuation/Suspension, etc. of Provision of the Services
- 1. The Company will, if any of the following events arises, discontinue temporarily the whole or part of the Services without notifying Owners or Users in advance:
- (1) When conducting periodic maintenance and inspection of communication facilities, etc. for providing the Services or when urgently conducting an inspection;
- (2) When the Services cannot be provided due to a fire or a blackout, etc;
- (3) When the Services cannot be provided due to natural disasters such as earthquakes, explosions, floods or tsunamis;
- (4) When the Services cannot be provided due to wars, revolts, riots, civil commotions or labor disputes, etc.; or
- (5) Otherwise when the Company determines a temporary discontinuation of provision of the Services is needed for operational or technical reason
- 2. If the Company deems it necessary, it may change the content of the Services or suspend or discontinue the provision of the Services at any time without providing notices to Users, etc. in advance.
- 3. The Company shall not, if the whole or part of the Services is delayed or discontinued due to any of each item in Paragraph 1 of this article or for other reasons, be liable for damages suffered by Users, etc. or others due to the foregoing unless otherwise specifically provided in this TOS.
- 4. Even when the Company changes the content of the Services or suspends or discontinues the provision of the Services, the Company shall not be liable to Users, etc. unless otherwise specifically provided in this TOS.
Article 14 Warranty
The Company does not warrant to Users, etc., with respect to the content of the Services and information/deliverables/effects to be obtained from the Services, their completeness, accuracy, certainty, usefulness and so forth.
Article 15 Personal Information
Article 16 Intellectual Property Rights
- 1. Intellectual property rights and other rights in relation to all systems, programs and software constituting the Services (hereinafter referred to as “Software, etc.”), trademark, trade name or technology in general incidental thereto shall be vested in the Company or a third party holding a legitimate right unless otherwise indicated.
- 2. Users, etc. may not modify, change, alter, perform reverse engineering, decompile or disassemble, etc. Software, etc.
- 3. Any information to be obtained by Users, etc. through using the Services may not, without the prior explicit permission of the Company or a third party holding a legitimate right, be used beyond the scope of private use such as reproduction, publication, broadcasting and public transmission, and the like, regardless of the method.
- 4. In the event damages are suffered by the Company due to an act in breach of the preceding two (2) paragraphs committed by a User, etc. through the Services, the User, etc. shall be liable for compensating the Company for the damages.
Article 17 Termination of the Services
- 1. The Company may, after giving a notice or announcement in advance to Users, etc., terminate the provision of the whole or part of the Services, or change the content thereof. The notice or announcement in such a case shall be given/made by the method deemed appropriate by the Company, such as e-mail to mail address of Registered Information or posting, etc. on the Services’ website.
- 2. The Company or its business partners will not undertake any obligation/responsibility to Users, etc. in relation to termination of the Services, except for matters stipulated in laws and regulations, by going through the procedures set forth in the preceding paragraph.
Article 18 Disclaimer
- 1. Neither the Company nor its business partners warrant or undertake any responsibility to Users with respect to the grant and certification of Points, receipt of Point Privileges or any other effects Users can obtain in the Services unless otherwise specifically represent.
- 2. In the event of defect in Point Linkage Service itself, which is linked with the Services, granting Points to Users cannot be adjusted sometimes. The Company will not give any guarantee for such defect and not be liable therefor.
- 3. The Company or its business partners will not undertake any responsibility for damages incurred by Users, etc. or others in connection with the Services, including the delay, change, interruption, discontinuation, suspension or abolition, etc. of the Services.
- 4. While the Company recommends use environment of the Services, it will not be liable for any damages incurred by/in electronic devices such as personal computers, smartphones, or tablets used by Users, etc. through the use of the Services and network environment.
- 5. If a User, etc. has or causes a dispute with another User, etc. or others in relation to use of the Services, the said User, etc. shall resolve it on his/her own responsibility and at his/her expense, causing no trouble to the Company or its business partners.
- 6. The Company will provide notices to Users, etc. by e-mail to mail addresses, which is Registered Information of Users, etc., announcement on the Company’s website relating to the Services or by other methods deemed appropriate by the Company, so please check them by themselves without fail. The Company or its business partners will not be liable for damages suffered by the User, etc. resulting from non-arrival of e-mail from the Company due to omission, mistake in Registered Information, unregistered change of Registered Information or invalidity, etc. or otherwise the User, etc.’s inability to recognize the content of the relevant notice for reasons attributable to the User, etc..
- 7. When a contract under this TOS with a User, etc. falls under a consumer contract stipulated in Paragraph 3, Article 2 of the Consumer Contract Act (Act No. 61 of 2000), the provisions that completely discharge the Company’s responsibility among this TOS shall not apply. If the Company bears liability for compensation to a User, etc. due to the fact that the contract based on this TOS falls under a consumer contract or for other reasons, the scope of compensation for damages shall be limited to the damage actually arisen to the User, etc. directly attributable to the Company’s act and the Company will not be liable for any damages, etc. arising out of special circumstances (including cases where occurrence of damages is or could be foreseen).
Article 19 Modification of Terms
- 1. The Company may, if determined necessary for smooth and appropriate operation of services, modify the terms and conditions contained in this TOS in some cases without notice. Users, etc. who have used the Services after the Company modified this TOS and notified or announced to that effect by e-mail to Users, etc., posting on the Individual Service or otherwise by the method deemed appropriate by the Company shall be deemed to have agreed to the modification.
- 2. Notwithstanding the provision of the preceding paragraph, if the Company modifies the content of Article 15 pertaining to Personal Information of Users, etc., it shall do so after having obtained necessary consent from Users, etc. in accordance with the provisions of the Act on the Protection of Personal Information and other laws and regulations.
- 3. The Company cannot be liable for any detriments or damages incurred by Users associated with the modification of this TOS.
Article 20 Governing Law
Use of the Services as well as the interpretation and application of this TOS shall be governed by the laws of Japan.
Article 21 Jurisdiction
The parties hereto consent to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court in the first instance for the settlement of disputes arising between Users, etc. and the Company in relation to the Services.
(21 articles in total)
Last modified: March 31, 2020