Owner Terms of Service
“Owner Terms of Service” (hereinafter referred to as this “TOS”) provide for matters relating to Owners of Internet service “Bitfan” (hereinafter referred to as the “Service”) operated by SKIYAKI Inc. (hereinafter referred to as the “Company”).To those desiring to become Owners and open the Individual Service, the “Bitfan Terms of Service” shall apply in addition to this TOS, so they must confirm the terms and conditions thereof and agree thereto before using the Services.
Article 1 Individual Service
- 1. Users, etc. shall, after ID registration as provided for in Article 2 of the Bitfan Terms of Service, whether a corporation or an individual, be entitled to open each Individual Service within the Services and become Owners. Owners may, subject to passing the qualification screening to be separately implemented by the Company, set the amount of membership fee payable by Users within the range accepted by the Company.
- 2. Owners may open the Individual Service targeting only at natural persons/corporations who/which have obtained valid licenses (hereinafter collectively referred to as “Licensors” in this article) with respect to opening of their own Individual Service or the Individual Service within the Services. When carrying out activities that use another person’s right in the Services, regardless of with/without charge, Owners shall conduct the right processing on their own responsibility in order not to infringe on the rights of Licensors and others. In the event a dispute arises alleging that an Owner has infringed on another person’s right in relation to use of the Services, the Owner shall resolve it on his/her/its own responsibility ant at his/her/its expense, causing no damage, loss or detriment, etc. to the Company.
- 3. Owners shall, when posting copyrighted works such as illustrations, messages, texts, images, motion pictures or animations (hereinafter collectively referred to as “Contents” in this article), deliver Contents produced, shot or edited by themselves or Contents which are duly licensed by the right holders.
- 4. Owners need to, in registering Contents to be delivered on the Individual Service, agree to warrant that they are duly authorized to grant to the Company the public transmission right (including right to make it transmittable) of the relevant Contents and relevant digital data and the reproduction right, and to permit the Company to exercise those rights to the extent necessary for providing the Services.
- 5. Owners shall, in relation to Contents registered with the Services, permit the Company to perform public transmission of data of the relevant Contents to Users of paid membership service concerning the relevant Contents and perform public transmission of part of data of the relevant Contents to Users other than the foregoing, as one (1) of the content of the licensing in the preceding paragraph.
- 6. Owners may limit the subject persons who can browse Contents delivered in the registered paid membership service only to Users.
- 7. Owners need to, in registering merchandise or tickets to be sold under product sales service or ticket service, agree to warrant that they are duly authorized to grant to the Company the public transmission right (including right to make it transmittable) pertaining to intellectual properties such as images, etc. of the relevant merchandise and relevant tickets to be posted on the product sales service or ticket service and the reproduction right, and to permit the Company to exercise those rights to the extent necessary for providing the Services.
- 8. Owners need to, in opening/operating each Individual Service, comply with the Act on Specified Commercial Transactions, the Consumer Contract Act, other laws and regulations and various guidelines as well as the provisions of this TOS.
- 9. An Owner shall, when received an order for merchandise from a User, deliver the merchandise to Registered Information of the User or the designated address without delay on his/her/its responsibility and at his/her/its expense.
- 10. In the event any dispute arises between an Owner and a User in relation to use of the Individual Service or other Services, such dispute shall be settled between the parties concerned and the Company will not undertake any responsibility therefor.
- 11. When an Owner withdraws from the Services, each Individual Service opened by the Owner will be automatically closed, and he/she/it shall be deemed to have waived the right to receive revenues from the Individual Service.
Article 2 Intellectual Property
- 1. With respect to intellectual properties to be provided by the Services, intellectual property of contents that an Owner himself/herself/itself produces shall belong to the Owner, and intellectual property of contents licensed by a legitimate right holder shall belong to the legitimate right holder respectively.
- 2. Owners shall grant to the Company, free of charge, in advance a right (including non-exercise of the author’s moral right against the Company) to utilize contents within the scope of purpose of production, publicity/advertising and use promotion of the Services. Copyrights and other intellectual property rights, portrait rights, publicity rights and other personal rights as well as the ownership and other property rights, which have arisen to/in sentences, graphics, programs and any and all other contents constituting the Services, shall, except for Contents which are created by the Owner himself/herself/itself or are registered with permission of a legitimate right holder, belong to the Company or the third party holding such right.
- 3. The Company shall be entitled to utilize in every form the published contents which are posted, uploaded or stored in the Services by Owners, after storing and accumulating them, for the purpose of smooth operation and improvement of the Services, and advertising/announcement, etc. of the Company or the Services (including introductory article/contents, etc. through posting on third party media), and Owners shall agree thereto. Furthermore, Owners shall agree in advance that when the provision of the Services by the Company terminates, all contents posted by customers on the Services shall be deleted.
- 4. Owners acknowledge in advance that contents posed on the Services will be released to all over the world being translated into multiple languages through the partnered machine translation function.
Article 3 Revenue
- 1. The Company will return revenues of the Individual Service set forth below to Owners:
- (1) Paid membership service
- Website: 80% of the settlement amount
- iOS/Android app: 50% of the settlement amount (30% of iOS/Android in-app purchase will be added)
- (2) Cheering comment service (Hearts)
- Website: as per the next page
- iOS/Android app: 50% of the settlement amount (30% of iOS/Android in-app purchase will be added)
- (3) Product sales service: 95% of the total amount of merchandise price and shipping cost
- (4) Trade Service: 10% of sales proceeds of bit Points
- (5) Bitfan PASS service: 100% of ticket price
* Assignment between Users, 10% of Transfer Price
- (1) Paid membership service
- 2. In addition to the criteria set forth in the preceding paragraph, the Company will return revenue from the Services, which is calculated according to the Company’s own judgment criterion, to Owners comprehensively taking into account quantity of issuance of Points of “Bitfan” or number of access to the contents by Users, quantity of Hearts validly used to the registered contents, and history of purchase of merchandise or ticket or other actions. The judgment criterion of the Company will be updated as appropriate and the Company cannot replay to inquiries concerning the content of judgment criterion or calculation method of revenue, etc.
- 3. The Company will, when an Owner applies for withdrawal, pay revenue in the bank account designated by the Owner. For application, identity card specified by the Company needs to be verified. For revenue, the Company may set the minimum amount of paid-in demand and set paid-in fee in some cases. If the Company sets the paid-in fee, it will pay the balance after deducting the paid-in fee from the demanded paid-in amount, in the account designated by the Owner. If a certain period time have elapsed without application (hereinafter referred to as the “Retained Amount”), the Company will, regardless of with/without application by a User, transfer the Retained Amount to the User’s bank account registered pursuant to Paragraph 2 of this article. The transfer fee shall be borne by the User.
- 4. Paid-in fee will accrue even when normal payment was not made due to an error in Registered Information, including entry mistake, etc. by an Owner of the bank account number or account information at registering on the Services, and the applicable amount shall be deducted from revenue of the Owner. If revenue is paid in another person’s account due to entry mistake of the account number or account information, the Company will not undertake any responsibility to the Owner.
- 5. The Company may, when it does not hold a legitimate right including copyright, etc. to/in the contents registered by an Owner, when merchandise, tickets or other service content are not lawfully and properly provided, such as existence of defective goods or deficiency in quantity, when other persons’ rights are infringed, or otherwise when the Company determines that services are not properly provided or there is a breach of the Services in relation to the Services content, refuse to pay revenue for the contents, etc. to the Owner.
Article 4 Prohibited Matters
- 1. Owners shall be prohibited from conducting the following acts in the Services and the Individual Service they provide. If the Company determines an Owner has committed an act falling under any of the following, it will apply suspension of use of the Services, suspension of return of revenue to the Owner, suspension of use qualification for the Service, or Withdrawal from the Services, etc. Furthermore, if damages are incurred by the Company or its business partners due to a breach by the Owner, the Company may claim damages in some cases:
- (1) Acts of registering on the Services any service the same as or similar to paid membership service, product sales service, ticket service and the like already registered with the Services;
- (2) Acts of collecting/accumulating third parties’ Personal Information using the Services, and acts of disclosing to the public own or third parties’ Personal Information (however, cases where such acts are conducted within the scope the Company admits as necessary for the operation of the Services, including dispatching of merchandise and responses to inquiries);
- (3) Acts of posting or providing the contents set forth below on/to the Services:
- a. Those infringing intellectual property rights, including copyrights/trademark rights, and personal rights (including, without limitation, right of publicity, publicity rights and privacy rights) of others such as pinch, plagiarism or imitation;
- b. Contents entrusted to or managed by copyright collecting society (Japanese Society for Rights of Authors, Composers and Publishers (JASRAC), etc.);
- c. Adult, sexual, obscene or violent expressions, or any others that are likely to bring an excessively unpleasant feeling and those that link to such sites;
- d. Those relating to ethnic group/religion/race/sex/age, etc. that will lead to discrimination;
- e. Those which are liable to solicit/induce/encourage suicide, group suicide, self-harming, use of illegal drugs or use of law-evading drugs, etc.;
- f. Recommendation of stock name or any others conflicting with the Financial Instruments and Exchange Act;
- g. Those liable to be fraud, such as “sure to make a profit” and those with expressions leading to a significant misunderstanding of Users;
- h. Those containing computer virus or any other harmful computer programs;
- i. Those attempting to assign the account, character, item, currency and virtual currency, etc. of an online game, etc.;
- j. Those violating or likely to violate the Act against Unjustifiable Premiums and Misleading Representations, the Act on Securing Quality, Efficacy and Safety of Products Including Pharmaceuticals and Medical Devices, the Medical Service Act or any other laws and regulations on advertising;
- k. Those impersonating a specific individual or a specific group or organization;
- l. Advertising of information for commercial use which the Company determines to be inflicting detriment on Users such as multilevel marketing or those to be exploited to such advertising directly or indirectly;
- m. Those inducing minors to criminal acts or acts likely to be crime;
- n. Those that violate laws and regulations or are against public policy; and
- o. Those determined inappropriate by the Company
- (4) Acts of registering the merchandise set forth below with the Services as merchandise, acts of selling them or acts of having them Point Privileges to Users:
- a. Illegal drugs such as stimulants, narcotics, psychotropic drugs, marijuana, opium, poison, and toxic substance, and hemp seeds, legal drugs (including law-evading drugs) and the like;
- b. Guns, swords, weapons, explosives, chemical weapons, etc. and merchandise which is likely to be used for crime, such as knives, air guns, stun guns, tear gas sprays, wiretaps, ultraminiature cameras and infrared cameras;
- c. Merchandise in general with sexual scenes whose sale to persons under 18 is restricted by laws and regulations/guidelines, etc. (videos, books, goods, software and so forth, regardless of the form), including obscene materials, merchandise related to child porn;
- d. Used underwear and uniform, etc.;
- e. Merchandise which legally falls under gambling or lottery tickets;
- f. Merchandise falling under pyramiding (so-called “pyramid scheme”) or multilevel marketing;
- g. Those making non-tangible objects (for example, rights or services, etc.) as merchandise (however, Point Privileges to Users are excluded);
- h. Alcoholic liquor and tobacco;
- i. Merchandise such as currency, official certificates (including driver’s license and passport, etc.), membership rights, documents and electromagnetic records, etc. (whether true and correct, or falsification);
- j. Bank accounts or securities accounts, etc.;
- k. Cash vouchers such as merchandise coupons, prepaid cards, revenue stamps, stamps, coupon tickets, and other negotiable securities, etc.;
- l. Merchandise infringing on others’ intellectual property rights, including a patent right, a utility model right, a design right, a trademark right, a copyright and a portrait right;
- m. Fake brand goods, imitation products/pirated edition (meaning illegal fake products, etc.) and merchandise encouraging illegal use of copyrighted works through avoidance, etc. of copyright protection measures;
- n. Merchandise to be sold for the purpose of cashing of credit usage quota;
- o. Merchandise obtained through criminal acts such as theft, robbery, fraud, blackmail and embezzlement, etc.
- p. Merchandise failing to fulfill qualification terms such as license or registration for the sale, which is required by laws;
- q. Merchandise to which a permission has not been obtained from the third party holding the right (including tickets);
- r. Merchandise requiring used business license;
- s. Software containing computer virus;
- t. Medical devices (medical supplies), pharmaceutical products and body function test kit, etc.;
- u. Human body, living body of animals or part thereof;
- v. Information of others which has not been released to the public such as Personal Information and trade secretes as well as media in which they are recorded; and
- w. Any other merchandise whose sale conflicts with laws and regulations and merchandise the Company determines that its sale under the Services is not appropriate
- (5) Any other acts the Company determines inappropriate in the light of the intent and purport of services
Article 5 Personal Information
- 1. Owners may acquire Personal Information of Users in the Services to the extent deemed necessary by the Company for providing the Services. Owners shall, in acquiring Personal Information, respond thereto in compliance with the Act on the Protection of Personal Information (hereinafter referred to as the “Act”) under their own responsibility, such as clearly specifying the purpose of utilization and existence/nonexistence or scope, etc. of third party provision and conditions of use of Personal Information, etc.
- 2. Owners shall not use Personal Information acquired beyond the purpose of the Services.
- 3. Owners shall take necessary and appropriate measures as provided for by the Act for preventing the leakage, loss or damage of Users’ Personal Information acquired as well as for safety management of Personal Information.
- 4. Owners shall not provide Personal Information of users to any third parties except for cases clearly specified under this TOS or cases listed below:
- (1) When based on laws and regulations;
- (2) When disclosure request is made by a person having legal authority;
- (3) When disclosure is forced in order to protect rights of Owners or third parties from urgent or unjustifiable invasion or to restore the rights;
- (4) When it is determined necessary to make disclosure to contractors for business; and
- (5) When providing, associated with the transfer of business relating to services to a third party through business succession or otherwise, to the relevant assignee
(5 articles in total)
Last modified: March 31, 2020