TERMS OF SERVICE
Chapter I. General Provisions
Article 1 Definitions of Terms and General Interpretation of the Provision
1. Definition of Term
The terms used in these Terms of Service (hereinafter referred to as the "Terms of Service") shall have the following meanings:
Company and Content:
mean software, documents, music, videos, images, and any other electromagnetic records provided by HIGHWAY STAR, INC. (hereinafter referred to as the "Company") in the form of digital data, all of which shall be stored on the Server, or transmitted or received through the Server of the Company ("Content") .
means the application for electronic equipment terminal provided by the Company under the name JAM Project "MOTTO! MOTTO!! App."
means a website on the Internet operated by the Company under the name JAM Project "MOTTO! MOTTO!! App" (http://jamjamsite.com/jam-fanapp/).
mean any and all services in the Application, domestically and internationally provided by the Company through the Site or the Application, such as provisions of free Content and provisions of Content with a fee made available only for members (hereinafter referred to as the "Service for FAN APP Members", including distribution of e-mail newsletter and push service provided for at Article 10 (Notices to FAN APP Members)).
means a device for storage, transfer, transmission, and receipt of the Content.
FAN APP Members or Members:
mean individuals who register for use of the Content and Service provided to members.
mean any and all persons who intend to use the Services whether or not they are Members of the Site.
In the Terms of Service, where the context so admits, words importing the singular number include the plural and vice versa, and words importing gender include the masculine, feminine and neuter genders.
BANDAI NAMCO ID:
means an account specific for a member of BANDAI NAMCO ID service for the purpose of identification and management of members in the BANDAI NAMCO ID service (this means a service commonly usable in services of BANDAI NAMCO Group, the main functions of which are authentication of members, data management, settlement, social network, data distribution, and pooling).
2. General Interpretation of the Provision
Herein below, except where the context otherwise requires:
1. Headings and the contents page are for ease of reference only and do not affect the interpretation of any of its provisions;
2. A reference to a person includes a reference to individuals, firms, bodies corporate, unincorporated associations, partnerships or to individuals, executors or administrators;
3. Words in the singular shall include the plural and vice versa;
5. Reference to one gender shall include all other genders;
6. Any act, regulation or other statutory provision shall be construed as referring also to any amendment or re-enactment thereof (whether before or after the Execution Date) and to any subordinate legislation made there under;
Article 2 (Scope of Application of Terms of Service)
1 The Terms of Service shall be applied to any and all matters upon use of the Service and Users shall be deemed to have agreed to the Terms of Service at the time Users start to use the Service. Users shall comply with the Terms of Service in good faith when using the Service.
2 Descriptions made by the Company on the Site, notices to the FAN APP Members, rules and guidelines separately established or made by the Company for Users, and any and all other notifications, however titles, (hereinafter referred to as the "Notified Matters") shall constitute and form a part of the Terms of Service.
3 If any of the provisions of the Terms of Service conflicts with any provisions of the Notified Matters referred to in the preceding paragraph, the provisions of the Notified Matters shall prevail.
Article 3 (Amendment of the Terms of Service)
The Company may amend, make any addition to, revise, or delete any part of the Terms of Service without the approval of Users (hereinafter referred to as "Amendment"), and after any such Amendment of the Terms of Service, such Amendment shall apply to any and all Users regardless the time when a respective User became a FAN APP Member or the time of usage by the Users, and such Amendment shall be deemed to have been approved by the Users in advance.
Article 4 (Intellectual Property Rights)
1 Content provided in the Services and any and all intellectual property rights and any other rights regarding the Content including copyrights, author's moral rights, rights neighboring on copyrights, performer's moral rights, trademark rights, and or tradename rights shall be owned by the Company, a provider of Content to the Company, or any other third party, and such rights shall be protected by the Copyright Act or any other relevant laws and ordinances.
2 Without Company's prior written approval or approval transmitted by e-mail, Users may not reproduce, republish, alter, and or transmit Content and or use Content for any purpose other than use of the Services, regardless of appearance thereof (hereinafter referred to as the "Unauthorized Use").
3 In case the Unauthorized Use by any User causes any damage to the Company, the provider of the Content, or any other third party, such User shall hold harmless from and against and indemnify the relevant party (Company, provider, or third party) for any and all such damages. Further, Users confirm in advance that they may become subject to criminal punishment due to infringement of any copyrights or any other intellectual property rights.
Chapter II. FAN APP Members
Article 5 (FAN APP Members)
1 A person who intends to register to use the Services for FAN APP Members (hereinafter referred to as the "Applicant for Registration of Services") shall first agree to the Terms of Service and the Notified Matters and then apply for registration for utilization of the Service for FAN APP Members (hereinafter referred to as the "Application for Registration of Service").
2 To use the Services for FAN APP Members, Users must register for utilization of the Service for FAN APP Members.
3 After registration for utilization, if any User continues to use the Services after the period of free utilization of the Services, the User must pay a service charge in accordance with Article 13 below and/or other fee tables enacted by Company from time-to-time.
※ To the extent permissible by applicable law, Company may decide not to offer the free period of utilization of the Services to FAN APP Members.
Article 6 (Approval of Application)
1 Company shall receive the Application for Registration of Services in the manner separately provided by Company and admit the Applicant for Registration of Service for FAN APP Members after taking necessary examination and procedures.
2 Upon registration of utilization of the Services for FAN APP Members, an Applicant for Registration of Service shall take the prescribed procedures on the platform to be used and consent in advance that he/she shall be required to acquire a BANDAI NAMCO ID for the purpose of using a part of the Services for FAN APP Members.
3 In the case of any of the following, Company may decide not to approve an Application for Registration of Services:
(1) The Applicant for Registration of Services breached any of the Terms of Service in the past.
(2) Matters notified by the Applicant for Registration of Services contain a false statement, error, or incomplete description in the Application for Registration of Service.
(3) The Applicant for Registration of Services is a person with limited capacity to act and he/she fails or threatens to fail to obtain prior approval for the registration of utilization of the Services for FAN APP Members from the person having the right to consent under the Civil Code.
(4) A petition is filed for attachment, provisional attachment, provisional disposition, compulsory execution, bankruptcy, civil rehabilitation, or voluntary liquidation with respect to the Applicant for Registration of Service.
(5) The Applicant for Registration of Service received a suspension or cancellation of the membership of the FAN APP in the past.
(6) Company will suffer a business or technical disadvantage by granting approval to an Applicant for Registration of Service.
(7) In addition to any of the foregoing items, Company determines that there are justifiable grounds for refusal of the Application for Registration of Service.
Article 7 (Prohibition of Assignment of Rights)
FAN APP Members shall not take any or all actions to dispose of any rights held by them as a FAN APP Member, such as an assignment or transfer to a third party, sale or purchase, change in the name of a Member, creation of a pledge, or otherwise offering as security.
Article 8 (Notices by Company)
1 Unless otherwise provided for in the Terms of Service, any and all notices from Company shall be made by e-mail or any other communication means, addressed to the e-mail addresses registered by FAN APP Members with Services for FAN APP Members or the BANDAI NAMCO ID (hereinafter referred to as the "Registered Address"), or any other point of contact.
2 If any notices are made by e-mails pursuant to the preceding paragraph, dispatching such e-mails to the Registered Addresses shall constitute successful delivery of the notices to the FAN APP Members. FAN APP Members shall be responsible for reading such notices dispatched from Company without delay.
3 Except as provided in paragraph 1 hereof, Company shall, from time-to-time, notify Users of necessary matters by way of a notice displayed on the Site or any other way that shall be deemed appropriate by Company.
4 The notices made pursuant to the preceding paragraph shall come into effect as from the time the Company displays a description of the notice on the Site.
Article 9 (Change in Registered Matters)
1 When any matter indicated by a FAN APP Member in the member's Application for Registration of Service is changed, such FAN APP Member shall promptly notify Company of such change in the manner separately provided by Company.
2 If a FAN APP Member suffers any damages due to failure of prompt notification by said FAN APP Member pursuant to the preceding paragraph, Company shall not be liable for any damages or losses whatsoever in connection with said Member's failure to notify or for said Member's failure to provide notice to Company in a prompt manner .
Article 10 (Notices to FAN APP Members)
1 Distribution service of e-mail magazines (hereinafter referred to as the "E-mail Magazine Distribution") is a service by which Company distributes information on the Service at no charge to FAN APP Members who desire to receive such information.
If any FAN APP Member desires to receive E-mail Magazine Distribution, he/she shall separately register for a BANDAI NAMCO ID. The e-mail magazine shall be distributed to the Registered Address of the Member.
2 Dates of distribution of the e-mail magazines shall be irregular.
3 FAN APP Members shall be deemed to have taken the procedures for registration for E-mail Magazine Distribution upon registration for a BANDAI NAMCO ID. The E-mail Magazine Distribution shall become effective when the relevant application is received by Company.
4 When any FAN APP Member changes his Registered Address, he shall take procedures to record such change in the Registered Address provided for in the terms and conditions of BANDAI NAMCO ID Membership (hereinafter referred to as the "Terms and Conditions of ID Membership"). If any FAN APP Member does not receive the E-mail Magazine Distribution due to delay in notification of the change said Member's Registered Address from the relevant FAN APP Member, Company shall not distribute the relevant version of the e-mail magazine.
5 When any FAN APP Member desires to discontinue the E-mail Magazine Distribution, she shall take procedures for discontinuation in accordance with the manner separately designated by Company. Company shall discontinue the E-mail Magazine Distribution from the business day following the date on which the application for such discontinuation is received by Company.
6 If the e-mail magazine distributed to any Registered Address fails to reach the Member more than once, Company may discontinue distribution thereafter.
7 Company may place an advertisement for any products or services provided by Company or a third party on the e-mail magazines.
8 FAN APP Members consent in advance that Company may send push notifications through the notification feature of the Application. Reception setting for such push notifications shall be made in the function setting of the Application.
Article 11 (Suspension or Cancellation of FAN APP Membership)
In the event that any of the following events occurs with respect to any FAN APP Member, Company may, without prior notice or demand, suspend the whole or a part of the Service of said FAN APP Members or cancel the membership of the relevant FAN APP Member:
(1) The Member breaches in any of the provisions of either the Terms of Service or the Terms and Conditions of ID Membership.
(2) Any matter indicated in the Application for Registration of Service turns out to be false.
(3) The Member breaches the provisions of payment applicable to the method of settlement selected by the Member.
(4) The Member used or a User intends to use the Service for such purpose or in such manner that may cause any damage to Company, other Member or Users, or a third party.
(5) The Member pretends to be a real or fictional third person and uses the Service.
(6) The Member uses the Service for any illicit purpose.
(7) The Member posts any information listed below in any place on the Site, where FAN APP Members may post information:
a. Information intended as a commercial advertisement, promotion, or solicitation
b. Information including links to affiliates
c. Information soliciting pyramid sales (nezumi-ko), chain mail, MLM, paid to read e-mail, or the like.
d. Information posted including an account number of any financial institution, or the like.
e. Information leading to any site judged inappropriate by Company, such as pornographic websites, one-click fraud websites, or sites intended for the spreading of harmful computer programs such as a virus, or the like.
f. Information judged by Company likely to cause other Users to be uncomfortable, such as grotesque images, or the like.
g. Other information judged to be inappropriate by Company
(8) The Member interrupts the operation of the Service for whatever reason or in whatever way.
(9) It is discovered that the Member had been suspension or his membership of FAN APP was cancelled in the past.
(10) Otherwise, the Company determines in its sole discretion that a Member is unsuitable to be registered as a FAN APP Member.
Chapter III. Purchase of Services
Article 12 (Purchase of Services)
1 Upon taking the procedures prescribed by Company and paying the fees provided for at Article 13 (Fee), FAN APP Members may use the paid Content (hereinafter referred to as the "Purchase of Services"). Members may purchase rights of use with respect to certain Services.
2 With respect to the Purchase of Services, FAN APP Members may choose either a monthly fee service or to be billed for individual Contents; provided that if any Member intends to use Content charged individual, she shall enter into a monthly fee service contract in advance.
3 After any Member has subscribed for the Purchase of Services, Company shall not refund, return, or replace any product, unless the paid Content or Service has any material defect.
4 If any underage User desires to utilize the Service or purchase any paid Content, he shall first obtain prior consent to such use from his statutory agent.
Article 13 (Fee)
The fees for the Purchase of Services shall be as described in the schedule of fees below, and FAN APP Members shall pay the relevant fee according to the method provided for at Article 14 (Payment Method):
Plan Fee Services Provided
Monthly Fee Service Yen 480/month
(consumption tax included) Content subject to FAN APP designated by Company
Content by Individual Charging Amount of fee set for one item of Content Content designated by Company
Article 14 (Payment Method)
FAN APP Members shall pay the relevant fee described at Article 13 (Fee), according to the payment method separately designated by Company.
Article 15 (Charging)
1 Fees for the Services (including but not limited to use of the Content) payable by FAN APP Members shall be due at the following points in time:
(1) Monthly Fee
Monthly fee will be charged from the date when the Member subscribes to or purchase the Services charged by month ("Monthly Fee Service")
・Monthly Fee shall continue to be charged by automatic renewed subscription billing in accordance with Article 16 herein below.
(2) Content by Individual Charging
・Upon purchase to or use of each item of Content
2 When any Member makes purchases via the monthly fee service, said Member shall be deemed to have continued to utilize the monthly fee service until termination of the monthly fee service contract, and such Member agrees in advance that the fee for the monthly fee service shall arise and be payable by the Member whether or not the Member actually uses the monthly fee service.
3 Any Monthly Fee herein is a fixed lump sum payable once the Member subscribes and purchases to the Service or Content, irrespective of whether the Member ceases to use the Service during the monthly subscription period. In the event of any cancelation or suspension of Services, the Monthly Fee remains due and must be paid in accordance with Article 16 herein. Even if a FAN APP Member terminates the Monthly Fee Service in the middle of any month, the Member shall pay the whole amount of the fee described at Article 13 (Fee).
4 Where a FAN APP Member purchased the Monthly Fee Service, in the event that he purchases any Content by individual charging other than content subject to the Monthly Fee Service, the fee for the Content obtained by individual charging shall separately arise and be due and payable by the Member.
Article 16 (Termination and Payment Method of Monthly Fee Services)
1 For whatever reason, if any FAN APP Member terminates the monthly fee service, said FAN APP Member may no longer continue to use any or all of the Services (including but not limited to use of the Content).
If you cancel the monthly service, you cannot use paid content even if the expiration date remains.
2 The fee for the monthly fee service shall be paid according to the method set forth below:
(1) The Service utilizes the function of automatic renewed subscription billing of Google Inc. or Apple Inc., provided by Google PLAY Store or the App Store, to conduct billing and agency payment services. The fee for the monthly fee service shall be billed and received through said agent by the settlement and payment method function of subscription billing (hereinafter the companies conducting such billing, receiving, and charging such payments shall be collectively referred to as "Settlement Service Provider") and FAN APP Members shall be deemed to have approved such billing method before subscription to and purchase the Services or use of any Content. .
(2) In accordance with the terms and conditions of an agreement separately made with the Settlement Service Provider, FAN APP Members shall make payments of fees for the monthly fee service to the relevant Settlement Service Provider. If a FAN APP Member fails to comply with any of the terms and conditions of the agreement made with the Settlement Service Provider, Company may refuse use of the Service by such Member.
(3) When any Settlement Service Provider is entitled to receive a fee for the monthly fee service, but said fee is not paid by any FAN APP Member on the due date, the Settlement Service Provider shall notify Company with the information of the relevant FAN APP Member and information regarding the outstanding amount. In such cases, Company may directly demand payment based on the information provided by the Settlement Service Provider.
(4) If any dispute arises between any FAN APP Member and any Settlement Service Provider in relation to payment of any fee for the monthly fee service, the Member shall, of its own responsibilities and costs, settle the dispute, and shall not cause any trouble or damage to Company. Further, Company shall not be liable for any and all damages caused for any reason attributable to such dispute.
(5) In case Company suffers any damage due to any reason attributable to such dispute between any FAN APP Member and any Settlement Service Provider, said FAN APP Member shall compensate Company for such damage upon demand from Company.
(6) The Service utilizes the function of automatic renewed subscription billing of Google Inc. or Apple Inc., to be provided by Google PLAY Store or the App Store. Unless a FAN APP Member terminates or cancels the automatic renewal of the Service at Google PLAY Store or the APP Store by himself, the relevant fees shall continue to be charged. Members are responsible for terminating or canceling the Service in accordance with the following procedure at least 24 hours prior to the expiration of the current subscription period.
If a FAN APP Member terminates or cancels the Service or use of the Content, he may continue to utilize the Monthly Fee Service so long as the Monthly Fee has already been paid for that month. In the event of any cancelation or suspension of Service, the Monthly Fee remains due and must be paid by the Member.
FAN APP Members using Android devices:
(1) Please start up the "Google Play" application on your Android device.
(2) Please select tabs "Play Store" → "My Application" → "Subscription"
(3) Please select the JAM Project, "MOTTO! MOTTO!! App" and tap "Cancellation"
※ When you cancel the Service on your PC, please refer to the following: (https://support.google.com/payments/answer/6220303?hl=en)
※ Please note that the subscription to and purchase the Service shall not be cancelled if a Member uninstalls this Application.
FAN APP Members using iOS devices:
(1) Please start up the "Setting" application on your iPhone.
(2) Please tap "iTunes Store/App Store."
(3) Please sign in by using your Apple ID, if you have not yet signed in.
(4) Please tap "Apple ID: Customer ID."
(5) Please tap the alert, "Display Apple ID."
(6) Please tap "Subscription" and then "Management." (These buttons may not be displayed, if you do not utilize subscription billing.)
(7) Please tap JAM Project, "MOTTO! MOTTO!! App."
(8) Please turn off "Automatic Renewal" of "Renewal Options."
※ When you cancel the Service on your PC, please refer to the following: (https://support.apple.com/en-us/HT202039)
※ Please note that the subscription to the Service shall not be cancelled if a Member uninstalls this Application.
Chapter IV. Utilization of Services
Article 17 (Method of Utilization)
1 Users shall utilize the Services in accordance with the method separately designated by Company.
2 Company may change the method of utilization of the Service without the consent of Users, and in which case, Users shall utilize the Service in accordance with the changed method, regardless of the period of utilization of the Users.
Article 18 (Equipment)
Users shall, at their own cost and responsibility, prepare any and all communications equipment, software, and any other devices and telecommunication services incidental thereto, necessary for utilization of the Service.
Company shall have no involvement in and no responsibilities for Users' environment in which Users utilize the Services.
Article 19 (Limitation on Utilization)
Users approve in advance that some communications equipment or telecommunication carrier used by Users may limit utilization of a specific part of the Services.
Article 20 (Utilization by Users under 12 Years Old)
The Service for FAN APP Members includes works requiring appropriate advice or guidance from parents or adult guardians, when any User under the age of 12 years old (a student of primary school age) utilizes the Services for FAN APP Members. When any Applicant for Registration of Services is under the age of 12 years old, the Application for Registration of Service requires the prior consent of the statutory agent and the statutory agent shall apply for registration of the Service for FAN APP Member on behalf of said User.
Article 21 (Principle of Individual Responsibility)
1 Users shall, of their own responsibilities, utilize the Services and assume responsibility for actions and results thereof.
2 In providing the Service, Company shall not be responsible for monitoring the actions of Users or for taking any measures in response to any unauthorized actions taken by Users.
3 If a User receives any inquiry, complaint, or demand from a third party or makes any inquiry, complaint, or demand to a third party in connection with the utilization of the Services, such User shall, of its own responsibilities and costs, handle and settle such inquiry, complaint, or demand and Company shall assume no responsibilities for such inquiry, complain or demand.
4 In the event that any User causes any damage to Company or a third party for any reason attributable to the User, such User shall compensate Company or the third party for such damage.
5 The content of a third party's website, a link to which is provided from the Services or to which a link to the Services is provided, shall be managed by and the responsibility of the relevant website, and Company and the Site shall not be responsible for such content.
Article 22 (Matters Consented upon Posting Information)
1 A User shall be responsible for any image, or other item posted to the Service by the User. Company shall not be liable for any damages suffered by a third party with respect to any image or other item posted by a User.
2 If a User posts any image or other item using any copyrighted work of a third party, such User shall, of its own responsibility and burden, grant upon posting to the Service any and all copyright and any other right under the Copyright Act including, but not limited to, domestic or international reproduction rights, rights of public transmission, rights of transfer, editorial rights, rights of translation, rights of adaptation, and author's rights to use of the secondary work of said image or other item, to Company or the group of the Company separately designated by Company, without charge and until expiration of the term of the copyright of said image or other item.
3 Further, when any User posts any image or other item, such User shall post it to the Service after taking any and all actions for rights handling necessary for Company or a third party designated by Company to use the image or other item (including a grant of the rights referred to in the preceding paragraph from said User to Company and handling of rights necessary for a grant of rights to reuse of the image from the Company to a third party) and the image or other item so posted to the Service shall be handled as if the right handling has been completed by said User.
Article 23 (Prohibited Actions)
In utilizing the Services, a User shall not conduct by himself or cause a third party to conduct any of the actions referred to below. In the event that any User conducts any of these prohibited actions, Company shall instantly delete, modify, and or make any addition to, said User's information or the whole or a part of the text, image or movie file, or other item to be used in the Service by the User within the scope deemed necessary by Company and then Company may prohibit or limit use of the whole or a part of the Services by the User, delete the link, or remove the User from the membership of the Service for FAN APP Members. In such case, the User shall not raise any objection to Company.
(1) Profit-oriented action or any action in preparation of a profit-oriented action,
(2) Action which infringes or threatens to infringe any right of others or any interest entitled to legal protection,
(3) Any criminal act, circumventing action, or otherwise inappropriate action in the light of conventional wisdom, or any action which aids or abets, or threatens to aid or abet such action,
(4) Any action to transmit e-mails for the purpose of unauthorized advertisement, promotion, or solicitation, or e-mails of such content or manner that causes others to feel uncomfortable,
(5) Any action collecting the personal information of third parties without the consent of the third parties or by way of fraudulent behavior,
(6) Any action to access equipment of a third party or equipment for the Services (including communications equipment, electronic computers, any other equipment and or software prepared by the operator for provision of the Services) without authorization, and any action which hinders the use or operation of said equipment,
(7) Failure to notify supervisory authorities, acquisition of permissions and licenses, or any failure to take procedures in accordance with laws and ordinances, or any breach of such laws and ordinances, or any action which threatens to cause the failure of said notification, acquisition, or actions in or breaches of such laws and ordinances,
(8) In addition to those actions referred to in the preceding items, any action offensive to the public order and morals, any breach of the Copyright Act or any other laws, ordinances, or punitive laws, or any breach in the Terms of Service and the Terms and Conditions of ID Membership, or any other action judged inappropriate by Company,
(9) Any action that hinders or threatens to hinder the provision of the Services,
(10) Any action posting a link to any site which corresponds or threatens to correspond to any of the preceding items, or
(11) Otherwise, any action separately designated by Company on the Site.
Chapter V. Operation
Article 24 (Change in Content or Services)
1 Company may, for whatever reason and without prior notice to Users, change, make any addition to, modify, or cancel the provision of any Content or Services or the conditions or consideration in connection with said provision. .
2 Company shall, despite any reason, have no liability for any damage caused due to any change, addition, modification or abolishment of Content of the Services.
Article 25 (Temporary Suspension of Services)
1 When Company judges necessary for maintenance of the Site or the Server, or otherwise, Company may, without prior announcement or notification, temporarily suspend provision of the Services.
2 In the case of any of the events referred to in the respective items below, Company may, without announcement, temporarily suspend provision of the Services:
(a) Company performs maintenance on the Server or any other equipment, or any breakdown occurs,
(b) Company becomes unable to provide the Service due to fire, electricity outage, earthquake, eruption, flood, tsunami, war, riot, insurgency, disturbance, labor dispute, or any other force majeure event,
(c) Otherwise, if Company judges it necessary to suspend the Service for any operational or technical reason.
3 Company shall be under no obligation other than to make efforts to continue operation of the Services. Accordingly, even if any delay in or suspension of the provision of the Services due to any event referred to in the respective items of the preceding paragraph or for any other reason, Company shall not be liable for any damage suffered by any User or a third party due to any of the events described above.
Article 26 (Abolishment of Service)
Company may, for whatever reason, suspend temporarily, discontinue, or abolish the whole or a part of the Service by giving prior notice to Users on the Site.
Article 27 (Limitation on Liability)
1 Company gives no guarantee of completeness, accuracy, usefulness, or any other matter of the Content posted on the Site.
2 Company shall not be liable for any damage suffered by any User due to deletion of any Content, any temporary suspension, change, addition, modification, or abolishment of the Services, or amendment to the Terms of Service in accordance with the Terms of Service, or any damage suffered by any User due to any trouble arising with a third party.
Chapter VI Personal Information
Article 28 (Personal Information)
2 Company shall not use the Personal Information for any reason other than provision of the Services and shall not disclose or provide the Personal Information to a third party in such form that may identify individuals; provided, however, that this restriction shall not apply in the following cases:
(a) Disclosure of the Personal Information is required by any law or ordinance;
(b) Disclosure is necessary for the protection of the life, body, or property of any person, but it is difficult to obtain the consent of such person;
(c) Disclosure is specially necessary for improvement of public health or sound growth of pupils and it is difficult to obtain the consent of the relevant person;
(d) Company needs to cooperate with any agency of a country or local public entity or any person entrusted by such agency or entity who conducts its business in accordance with any law or ordinance, and difficulty in obtaining the consent of the relevant person threatens to become problematic to the conduct of the business;
(e) Any court dispatches a warrant for investigation or seizure, or the like, for the purpose of criminal investigation through due formality in accordance with any law (including but not limited to the Code of Criminal Procedure);
(f) Company's use of the User's Personal Information is or will be beneficial to such User or is intended to protect the User's rights or interests. .
(g) Company obtains consents of Users including FAN APP Members.
3 Users including FAN APP Members shall not release their own Personal Information in the Service.
4 Notwithstanding the provisions of paragraph 2 hereof, Users including FAN APP Members, consent in advance that Company may tally and analyze attributes of the Personal Information of Users, including FAN APP Members, and prepare materials in such form that may not identify or specify Users, including FAN APP Members, (hereinafter referred to as the "Statistical Data"), and use such Statistical Data for conducting businesses such as development of new Services, and the like. Further, Users, including FAN APP Members, consent in advance that Company may provide the Statistical Data to Company's business partners.
5 (Outsourcing of Personal Information)
Users, including FAN APP Members, consent in advance that the Company may outsource a part of the business to any contractor upon entering into a confidentiality agreement for the performance of the Services or provision of Content. The contractor shall access and use the Personal Information within the scope necessary for outsourced business, but shall not use the Personal Information for any purpose other than outsourced business.
In outsourcing any business, Company shall select a contractor meeting the standards for security measures set by Company as Company's Personal Information protection standard, and Company shall properly manage and supervise the contractor.
Chapter VII Other Provisions
Article 29 (Arbitration)
In case any dispute arises in relation to the Services, the dispute shall be finally settled by arbitration in Tokyo, Japan, in accordance with the Commercial Arbitration Rules of the Japan Commercial Arbitration Association. The language to be used in the arbitral proceedings shall be Japanese.
Article 30 (Governing Law)
The Terms of Service shall be governed by the laws of Japan.
Supplementary Provisions The Terms of Service shall come into effect as of November 23, 2016.
HIGHWAY STAR, INC.