Bitfan Terms of Service
Article 1 Definition
- 1. The terms provided for in the TOSs 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 (9) 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, ticket service, live streaming service, scratch 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 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 this TOS
- (13) “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 4 of this TOS
- (14) “Ticket Service”: refers to the name of service in which one purchases a ticket through ticket service to obtain the right to participate in an event or to view a live streaming, etc. offered by an Owner and can make settlement therefore
- (15) “Ticket”: refers to the right offered by an Owner and settled with payment using the settlement method designated by Company, with which one can participate in an event or can view a live streaming.
- (16) “Live streaming”: refers to the online streaming service, simultaneously digitalizing the videos and voices from the server and broadcasting online in real time.
- (17) “Archive streaming”: refers to the online streaming service, with help of which one can access the contents digitalized and broadcasted during the Live streaming set forth in the preceding items and uploaded afterwards.
- (18) “The App”: refers to all the apps 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
- (19) “Authenticated Smartphone”: refers to a smartphone which has been authenticated after going through terminal authentication in order for a User, etc. to use ticket service among the Individual Service
- (20) “Scratch Service”: refers to the name of service in which the Owner sells online scratch lotteries (hereinafter referred to as “Scratch”) to Users, the contents of which are determinded by the Owner alone or jointly with the Company, and delivers the products won as a result of the Scratch (hereinafter referred to as “Winning prize”) to Users in the way determined by the Owner. The way to deliver the Winning prize shall be determined only by the Owner. Besides, please note in advance, that delivery overseas Japan is unavailable unless otherwise specified by the Owner.
- (21) “Withdrawal”: means that Users, etc. delete Registered Information by the method prescribed by the TOSs 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 4 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 note.
- 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 the TOSs 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 Ticket Service
- 1. Users shall, when purchasing a Ticket for an event through Ticket Service, apply for the Ticket purchase in accordance with the procedures provided for in the App. However, Users may apply for the Ticket purchase on the website instead of being in accordance with the procedures provided for in the App when purchasing Ticket(s) for a live streaming.
- 2. The Ticket purchase procedures shall complete at the time when an Owner accepts a Ticket purchase application by a User and has sent that effect to the User by the method separately prescribed by the Company. Any cancellation for the User’s convenience after completion of purchase procedures, for whatever reason, cannot be accepted.
- 3. The Company shall, if the Ticket purchase procedures by a User complete, transmit information necessary for using the purchased Ticket to the Authenticated Smartphone of the User who purchased the Ticket, and moreover, if the User requests to issue the Ticket, it shall issue the Ticket to the said User without delay on its own responsibility and at its expense. The Owner may, if the User does not pay the Ticket price by the deadline separately set by the Company, invalidate the Ticket purchase application by the said User.
- 4. The User shall, if he/she fails to pay the price for the Ticket by the deadline separately set by the Company, forfeit any and all rights in relation to the Ticket for which the User has made a purchase application.
- 5. Please note that for using the Ticket purchased, it is necessary for the User to connect in advance the Authenticated Smartphone in which the Ticket app is installed to Internet and have information to be transmitted by the Owner necessary for using the Ticket purchased (hereinafter referred to as “Ticket Information”) be received, when participating in an event. Furthermore, the Owner may, if the Owner deems it necessary, demand to authenticate User’s smartphone by making phone call to the phone number designated by User’s smartphone.
Article 7 Matters to be Noted in Settlement of Payment for Ticket
- 1. Please note the following precautions when settling the Ticket price through Ticket Service. Damages or detriments incurred by a User in relation to the following shall be handled under the User’s responsibility and be borne by the User, and the Company, the Owner, and each credit card company cannot be liable therefor:
- (1) Please fully confirm the event content, date and time and charge, etc. of the Ticket when ordering the Ticket;
- (2) When issuance of Tickets has reached the upper limit before completion of settlement, the Ticket may not be purchased;
- (3) After completion of settlement, the Ticket so ordered may not be exchanged, returned or cancelled for the User’s convenience;
- (4) Exchange or refund of the Ticket when there is a defect, etc. in the Ticket purchased by the User shall be performed to the User by the method specified by the Company through consultations between the Company and the Owner;
- (5) Please pay sufficient attention so that the procedures will not be incomplete in the middle of an order for or settlement of a Ticket due to battery exhaustion of a smartphone or communication failure, etc.
Article 8 Use of Ticket during an Event
- 1. When a User participate in an event using the Ticket purchased, it is necessary to bring the Authenticated Smartphone which has received Ticket Information to the event site and display the authenticated screen of the Ticket (hereinafter referred to as“Ticket Authenticated Screen”) by activating the Ticket app on the Authenticated Smartphone. For other matters in relation to the use of a Ticket at the event site, please follow instructions of event site staff.
- 2. If Ticket Authenticated Screen cannot be displayed on the Authenticated Smartphone at the event site for reasons not attributable to the Company, such as loss/failure/battery exhaustion/non-possession of a smartphone or omission of receipt of Ticket Information, for whatever reason, participation in the event may be declined in some cases. In such a case, the Company, the Owner or the event organizer shall not be responsible for returning the Ticket price to the User or for any other issues.
- 3. If a User changes the phone number of the smartphone, etc. after having conducted the terminal authentication, in order to use the Ticket purchased, it is necessary to notify the Company before the event through the Company’s prescribed procedures that he/she has changed the phone number and undertake procedures for change of the authenticated information. Because certain period of time separately set by the Company will be required for the change procedures of authenticated information, the User shall have enough time for applying for the procedures to the Company on his/her own responsibility so that he/she can complete the change procedures of authenticated information before the implementation date of the event.
- 4. Fee specified by the Company will accrue at the time when the User who has purchased a Ticket issues the Ticket. Please note even if the User did not use the Ticket after its issuance, the fee shall be incurred.
Article 9 Non-Assignment, etc.
- 1. Ticket Service entitles a User who is an owner of the smartphone used by the Company at the time of terminal authentication and who is a subscriber of mobile phone line the Company has authenticated through its prescribed procedures at the time of terminal authentication to use a Ticket using Settlement Service determined by the Company. Any Users other than those approved by the Owner may not use a Ticket, regardless of with/without charge and whatever the form or the method may be, such as assignment/lending of a smartphone or account or otherwise.
- 2. The Company may, if it confirms that a person other than Users uses or attempts to use a Ticket without the prior consent of the Company and the Owner, invalidate the Ticket, refuse the use of such Ticket including the User and cause the person to withdraw from the Services. In this case, the Company will not be liable for refunding the Ticket price and not assume any other responsibility.
Article 10 Distribution Function of a Ticket
- 1. Notwithstanding the provisions of the preceding article, a User who has bought more than 1 Ticket for the same event under the Services may have Users other than the User himself/herself use a part of Tickets purchased, 1 Ticket per User, by using “distribution function” of the App. (However, the case falling under Paragraph 2 is excluded).
- 2. Distribution function of the App will be offered by the Company when a User intending to participate in an event with family members or friends purchases Tickets for all participants, thus the function is not designed to permit Assignment of a Ticket or Resale to unspecified persons. An act that a User solicits unspecified persons who desire to use a Ticket outside the Services shall, even when letting them use Tickets with use of the distribution function of the App, be deemed to be an act provided for in Article 13 (Prohibited Matters) of this TOS, regardless of whether he/she sought consideration as the condition of use of a Ticket or not. The Company may, if it confirms such act, invalidate the Tickets, refuse the use of the Tickets including the Ticket purchasers, and cause the person to withdraw from the Services. In such a case, the Company cannot undertake any responsibility including return of the Ticket price to the User.
- 3. If any trouble arises between the User and family member or friends, etc. in relation to distribution function of the Ticket app, please settle it by themselves.
Article 11 Loss, etc. of Smartphone
If a smartphone in which the App is installed is lost, please immediately contact the Company and the credit card issuing company registered on Ticket Service by the method specified by the Company and the credit card issuing company. The Company or the Owner shall not be liable for any detriment or damage suffered by the User due to out-of-stock of a Ticket or purchase of the Ticket by another person’s unauthorized use of the User account during a period from loss of the smartphone by the User until the Company and the credit card company which were informed by the User take prescribed responses.
Article 12 Point Privileges
- 1. Users may receive Point Privileges provided for in Paragraph 1 (13), Article 1 of this TOS 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 13 Scratch Purchasing
- 1. For purchasing Scratches, a User shall register the information specified by the Company, such as the type and amount of Scratches to be purchased, name, email address, delivery address of Winning prize, phone number, payment method (hereinafter referred to as "User Information" collectively.).
- 2. A purchase contract for Scratch (hereinafter referred to as the "Purchase Contract") shall be concluded between the Company and the User at the time when the User registers the User Information set forth in the preceding paragraph and clearly indicates the intention to purchase Scratch. Unless otherwise specified in this TOS, after the contract is established, the User cannot cancel the contract, return or exchange the Winning prize, or request a refund (hereinafter collectively referred to as "Cancellation, etc.") regardless of the reason.
- 3. A User must pay the delivery fee determined by the Owner once the User purchased a Scratch that requires delivery of the Winning prize. The delivery fee is set based on the amount of Winning prizes that can be delivered at once together that is predicted by the Owner in advance, so please note, that even if a User paid the delivery fee for seperate deliveries, the Winning prizes may be delivered at once together, or the Winning prizes may be delivered seperately even if a User only paid the delivery fee for one delivery.
- 4. Please note that if there is an error or incompleteness in the User Information, a User may not be able to purchase a Scratch or to receive the Winning prize.
- 5. Even if a User purchased a Scratch and concluded a Purchase contract of it in accordance with the provisions of paragraph 2, the Winning prize may be sold out depending on the timimng of the payment. Please note, that in this case, the Company may, after cancelling the payment, and cancel the Purchase contract without any obligation to compensate.
- 6. The images of products posted on the Scratch Service are only the images during the planning and production stages of development. Please note, that the color, shape or other natures of the products may differ with the actual Winning prize delivered to the Users.
Article 14 Winning Prize Delivery
- 1. All Winning prizes in the Scratch Service are owned by Owners, and the delivery of all Winning products are under the responsibility of Owners. The Company shall not be held responsible in any way even if a Winning prize cannot be delivered due to an error or incompleteness in the User Information set forth in Paragraph 1 of the preceding article.
- 2. After the delivery of Winning prize in accordance with the preceding paragraph, the Company shall notify the User of the completion of delivery by e-mail registered as User Information (this notification is hereinafter referred to as the "Notification of delivery completion").
- 3. Please note, that the delivery of the Winning prize may be delayed due to weather or traffic conditions, when the Owner entrusts the delivery of the Winning prize to a carrier designated by the Owner (hereinafter referred to as the "Carrier"). The Company shall not be held responsible for any delay in delivering the Winning prizes regardless of the reasons. Regarding the transportation status after the delivery of Winning prizes, please check the Notification of delivery completion and contact the Carrier directly.
- 4. If a User does not receive the Winning prize within the period specified by the Company after the delivery by Owner, the User shall lose all rights related to the Winning prize, and the Owner shall dispose of the Winning prize in any way that the Company or the Owner designated. Please note that in this case, the Company shall not make any refunds on the Winning prize.
- 5. If a User purchases several Winning Prizes, the Owner may deliver all Winning Prizes at once together to the delivery address registered by the User, unless the amount of Winning Prizes reaches the amout specified by the Owner in advance, provided that if the delivery address registered by the User cannot be deemed to match completely due to typographical discrepancies or other errors or incompleteness in User Information, the Owner may divide the delivery of the Winning prize into several ones.
- 6. All Winning prizes will be delivered to the delivery address registered by Users when purchasing the Scratch. The change of the delivery address of the Winning prizes is not available after the purchasing of the Scratch, so please make sure to register the delivery address correctly.
- 7. Notwithstanding the provisions of the preceding paragraphs, if a User purchases a Scratch, the Winning prize of which shall be provided by a method rather than the delivery by Carrier, Owner shall provide the Winning prizes in a way determined by the Owner based on the User Information. In addition, if the Winning prizes cannot be provided due to an error or incompleteness in the User Information, the Company shall not take any responsibility.
- 8. In the case specified in the preceding paragraph, if the Winning prizes cannot be provided due to an error or incompleteness in the User Information, or if a User does not receive the Winning prize within the period specified by the Owner, the User shall lose all rights related to the Winning prize. Please note that in this case, the Company shall not make any refunds.
Article 15 Cancellation etc. of the Winning Prizes
- 1. Please note the Company shall not accept any cancellations by Users after a Purchase contract is concluded.
- 2. Notwithstanding the provisions of the preceding paragraph, in the event of a loss, shortage, or wrong item of a Winning prize, the User must notify the Owner within 8 days after receiving the Winning prize. The Company shall not take any responsibilities. In addition, in this case, please note that only the exchanging of the Winning prize or the sending of the missing item can be responded.
- 3. An Owner shall replace the Winning prizes specified in the preceding paragraph or send the missing product at its own responsibility and expense if the Owner received a notification from a User specified in the preceding paragraph. In addition, the cost (delivery fee, etc.) for exchanging the Winning prizes or sending the missing product shall be borne by the owner.
Article 16 Prohibited Matters
- 1. Users, etc. shall be prohibited from conducting the following acts within the Services. 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, live streaming or display restriction of the contents 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. without any advance notification. 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 the TOSs 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 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) When the Company determines that 1 individual makes multiple user registration in the same Ticket selling site;
- (12) When the User commits an act of causing trouble to the event organizer or event participants, an act of impairing smooth operation of the event and any acts the Company determines they are possible to be the same;
- (13) When the User conducts an act interfering with smooth operation of the Services, regardless of the method and any acts the Company determines they are possible to be the same;
- (14) When the Company determines there is the fact that the User is involved with anti-social forces;
- (15) When the User has no utilization result for 2 years or more and the Company determines he/she is unlikely to use the Services in the future as well;
- (16) Spoofing through impersonating the Company, its group company, an outsourcer, another Owner, another User, a business partner, a contractor or by any other means;
- (17) 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;
- (18) Transmitting information containing harmful computer program, including computer virus, or acts of making others be in receivable state thereof;
- (19) Acts of illicitly using or altering data in relation to the Services, etc.;
- (20) Submitting fraudulent or misleading declaration or notification to the Company or its business partners/contractors;
- (21) Acts of making User or Owner registration on behalf of the person whose use of itfan ID is suspended or use registration is invalidated;
- (22) 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;
- (23) Acts of acquiring Registered Information, etc. of other Users, etc. by fraudulent means (including so-called phishing and any means equivalent thereto);
- (24) Acts of money laundering and any other acts that the Company determines there are possible violations of the Act on Prevention of Transfer of Criminal Proceeds (Act No. 22 of 2007);
- (25) 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;
- (26) Acts of abusing services/merchandise, etc. provided by the Company;
- (27) 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;
- (28) 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 or outside the Services (including acts of making them the subjects of re-sale or Internet auction);
- (29) Acts of altering or deleting, etc. the contents or information of the Services or contents or information of other Users, etc.;
- (30) 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;
- (31) Acts of illicitly acquiring data in relation to the Services, etc. or disclosing or assigning (regardless of with/without charge) the data to others;
- (32) Delay in/non-payment of/delinquency in payment of service usage fee or other debts under the Company’s services, including the Services;
- (33) When the registered credit card is unusable;
- (34) Acts of registering a third-party’s address as one’s own delivery address without the prior consent of the third-party;
- (35) Acts of rejection of receiving the products purchased in product sales service or the Winning prize purchased in Scratch Service without a valid reason;
- (36) Acts of inquiries to the Company without reasonable necessity; and
- (37) Any other acts the Company determines inappropriate in the light of the purport of the Services
- 2. The judgment as to whether or not it falls under any of the prohibited acts in the preceding paragraph shall be made at the discretion of the Company, and the Company shall not be held accountable for such judgment.
Article 17 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 18 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 note, 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 19 Notification of Change of Registered Information
- 1. Users, etc. shall, if there is any change in Registered Information provided for in Article 1 or in User Information provided for in paragraph 1 Article 13 (hereinafter referred to as “Registerd Information, etc.”), promptly submit notification of change of Registered Information, etc. to the Company by the method prescribed by the Company.
- 2. If notes (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 notes 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, etc.
Article 20 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 the TOSs, 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 without any advance notification.
- 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 21 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 notes 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 the TOSs.
- 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 the TOSs.
Article 22 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 23 Personal Information
Article 24 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 25 Termination of the Services
- 1. The Company may, after giving a note or announcement in advance to Users, etc., terminate the provision of the whole or part of the Services, or change the content thereof. The note 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 26 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 notes 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 note for reasons attributable to the User, etc..
- 7. When a contract under the TOSs 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 the TOSs shall not apply. If the Company bears liability for compensation to a User, etc. due to the fact that the contract based on the TOSs 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).
- 8. In the Scratch Service, the Company shall not be liable for any damages incurred to Owners or Users as a result of delays in the delivery of Winning prizes due to the circumstances of the Carrier.
- 9. The result of Scratches shall be determined by lottery according to the probability determined by Owners in advance. Therefore, please note that due to such nature of this service, regardless of the amount of Scratches a User purchased, there may be cases where the Winning prize desired by the User may not be won, or where several Winning prizes that the User does not desire may be won.
- 10. Scratches in the Scratch Service can only be purchased during the Scratch sales period separately determined by Owner. Please note that if the said period has passed, the User shall not be able to purchase the desired scratch anymore.
- 11. Please note that regardless of the provisions of the proceding paragraph, the Company or the Owner may extend or terminate the Scratch sales period without notice in advance.
- 12. Please note that the Company may resell the same Scratches with the ones that the Company has sold in past.
- 13. The Company shall accept the inquiries about Scratches from Users primarily, and ultimately the Owner shall respond to them at one’s own responsibility and take measures as necessary. The Company shall not take any responsibility
- 14. In addition to the preceding paragraph, if any dispute arises between the Owners and the Users regarding the use of the Scratch Service, it shall be resolved between the Owners and the Users, and the Company shall not take any responsibility.
Article 27 Modification of Terms
- 1. The Company may, if determined necessary for smooth and appropriate operation of services, modify the terms and conditions contained in the TOSs in some cases without note. Users, etc. who have used the Services after the Company modified the TOSs 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 28 Governing Law
Use of the Services as well as the interpretation and application of the TOSs shall be governed by the laws of Japan.
Article 29 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.
(29 articles in total)
Last modified: July 10, 2023