The terms shall apply to all users who use various services (“the services”) provided by the website and the users who actually use the services will be deemed to have agreed on these terms.
1. The users
(1) For the purpose of these terms, any and all persons who use the services, regardless of whether they are identifiable by us, are defined as the users.
(2) The users who agreed on the terms and registered our membership shall be able to use the services which our website provide for only members. Please check the terms of memberships here.
2. Notification and Change of Terms
We reserve the right to modify all or part of these terms in its sole discretion without prior notice to the users. In such a case, we shall give notice of such modification at the website, and the modification shall take effect at the time of such notice on the Website.
3. Suspension, Change and Termination of Services
(1) In any of the following events, we may temporarily suspend or change or terminate the provision of all or part of the services without giving prior notice to the users.
① In the event of regular or urgent maintenance of the systems that provide the services.
② In the event of a failure of the systems that provide the services.
③ In the event of disaster, accident, or any other force majeure that makes provision of the services difficult.
④ In the event that there are other probable causes in respect of the operation or technology of the services.
(2) We may suspend, change, or terminate all or part of the services without giving prior notice to the users.
(3) We will not be held liable for any disadvantage or damage occur to the users as a result of any of the preceding actions.
4. Responsibility for use of information provided by the website
(1) We shall not prove the completeness and availability of information that includes other users disseminate and the users obtain through the website. We consider that the users themselves are responsible for using the website and we will not be held responsible for any consequences of using or relying on such information. We also will not be held liable for any accidents of software or hardware arising from the use of the website, any troubles which are caused by the connection between the users and third parties, and all damages from other accidents.
(2) For the convenience of the users, we establish a link from our website to the websites which are operated by the third parties. We will not be held responsible to compensate for any damages arising from the use of other websites managed by third parties that are linked from the website.
5. Handling of personal information
6. Copyright and other intellectual properties
(1) Any rights relating to all the content such as copyrights, portraits, characters, and marks of the website belong to or are exercised by us under the license and other proper authorities, and the users are prohibited from using all contents for any purpose other than personal use, redelivered to the public, or duplicate without permission, whether in or outside of the network.
(2) All trademarks and service marks appearing on the website are owned or used by us or its affiliated companies under the license and other legitimate titles, and the users are prohibited from using any such trademarks and service marks without permission.
(3) Any copyrights or other intellectual property rights arising from information provided by the users (including the rights provided for in Article 27 and Article 28 of Copyright Act) shall be transferred from the users to us without charge, and the users shall not exercise the moral rights of the author or any other similar rights whatsoever.
(1) If any users violate these terms or inflict damage on us by fraudulent acts, we may claim reasonable compensation against such users. Any users who, by using the services, inflicts damage on third parties shall settle such damage on their own responsibility.
(2) Unless otherwise provided herein, we will not be held a responsibility to the users or third parties for any failure or breakdown of the systems that provide the services, any intrusion to the system by third parties, and any commercial disputes for any reason whatsoever.
8. Languages, Governing Law and Jurisdiction
(1) The website and these terms shall be executed both in English and Japanese but in the event of any inconsistency or difference between the two versions of these terms, the Japanese version shall prevail in all respects.
(2) Any interpretation and application of the website and these terms shall be governed by the laws of Japan. Unless otherwise provided, any conflicts related to the website shall be settled under the exclusive jurisdiction of the Tokyo District Court in the first instance.
TMS ENTERTAINMENT CO., LTD.
April 1st 2019 ; amended