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KADOKAWA Premium Members Terms of Use

Article 1.   Application of these Terms

These KADOKAWA Premium Members Terms of Use (these “Terms”) set forth the matters concerning the use, etc. of the service “KADOKAWA Premium Members” (the “Service”) provided by KADOKAWA CORPORATION (“KADOKAWA”). These Terms will apply to all customers who use the Service. When registering for the service, customers will be required to read the entire text of these Terms, and consent to and comply with these Terms. If a customer uses the Service, the customer will be deemed to have consented to all of the contents of these Terms.

Article 2.   Definitions

In these Terms, the meanings of the terms set forth in each item below shall be as provided for such item:

  1. (1) “KADOKAWA-ID” means the ID that is tied to the account unique to the Member for the identification and management of the Member and that is used to use the Service.
  2. (2) “Applicant” means a customer who wishes to become a Member of the Service.
  3. (3) “Member” means an Applicant who has consented to these Terms and taken the designated procedures pursuant to the on-screen instructions for registering for the use of the Service, and has been approved by KADOKAWA to become a User of the Service and has registered as a Member.
  4. (4) “User” means a person who uses the Service.
  5. (5) “Customer Information” means any information concerning the Applicant or the Member that KADOKAWA requests such Applicant or Member to provide in using the Service.
  6. (6) “Exclusive Site for the Service” means the site on which KADOKAWA provides the Service to the Member (https://id.kadokawa.co.jp/).
  7. (7) “Personal Authentication Information” means, collectively, the information required to authenticate that the User is a Member that has the right to use the Service, such as the KADOKAWA-ID, password or other symbols to use the KADOKAWA-ID (including information of external sites and SNS associated with the KADOKAWA-ID).
  8. (8) “Personal Authentication” means KADOKAWA using the Personal Authentication Information of the Member to confirm that such Member has the authority to use the Service.
  9. (9) “Individual Services” means the individual services of the various services provided by the KADOKAWA Group composed of KADOKAWA and KADOKAWA’s subsidiaries and affiliates (the “KADOKAWA Group”) that can be received by using the KADOKAWA-ID. Furthermore, the use of some of the Individual Services may require additional registration procedures. The Member shall consent to the terms of use or other terms concerning the Individual Services that are separately presented, in addition to these Terms, in using the Individual Services, and commences use.

Article 3.   Notifications from KADOKAWA

Notifications from KADOKAWA to the Member will be made by a method that KADOKAWA determines to be appropriate, such as by posting on the notices page of the Exclusive Site for the Service or by transmission of email to the email address registered by the Member when using the Service.

Article 4.   Registration for KADOKAWA Premium Members and Changes to Customer Information

  1. 1.    The Applicant may not apply for the Service unless the customer information requested by KADOKAWA is provided.
  2. 2.    If KADOKAWA approves the use of the Service by the Applicant, the Applicant shall be registered as a Member.
  3. 3.    If there are changes to the registered Customer Information, the Member shall promptly change the Customer Information. KADOKAWA shall not bear any responsibility for damages arising to the Member due to the Customer Information not being changed.
  4. 4.    The Member may amend the Customer Information on the Exclusive Site for the Service. If the Customer Information cannot be amended on the Exclusive Site for the Service, the Member may request the removal, revision or change of the Customer Information retained by KADOKAWA by contacting the point of contact provided in KADOKAWA’s Privacy Policy (https://ir.kadokawa.co.jp/global/policy.php), pursuant to the provisions of such Privacy Policy.
  5. 5.    The Applicant and the Member warrants that the Customer Information provided to KADOKAWA is true and accurate. KADOKAWA will not bear any responsibility for damages arising to the Member or third parties due to there being false, wrong or omitted entries in such information.
  6. 6.    KADOKAWA may refuse the application for the Service from an Applicant that KADOKAWA determines to be inappropriate. If KADOKAWA denies an application for the Service from an Applicant, KADOKAWA bears no obligation to disclose the reason for such denial to the applicant. KADOKAWA bears no liability to the Applicant for any damages, losses and other prejudices that occur due to such denial.

Article 5.   Management of the KADOKAWA-ID and Password

  1. 1.    If the Personal Authentication Information entered by the User matches, KADOKAWA shall be able to deem that that the User is a Member. In such instance, KADOKAWA will not bear any responsibility even if damages arise to the member due to the use of the Service by the User who is not the same as the Membe
  2. 2.    The Member shall bear any responsibility for managing their own Personal Authentication Information. In addition, if a third party uses the Service by using the Personal Authentication Information of the Member, due to the insufficient management, mistakes in use, transfer, loaning or sharing of the Personal Authentication Information by the Member or other reason, the Member will bear the damages arising therefrom, and KADOKAWA will not bear any responsibility.
  3. 3.    The Member shall not allow third parties to use the right to use, nor share with or license to third parties, the Service that is subject to their Personal Authentication Information and Personal Authentication. KADOKAWA shall deem the use of the Service for which there is Personal Authentication of the Member and any acts relating thereto (including instances where use by third parties is possible due to a connection or setting of the equipment or network, such a regularly connected service) as the use and acts by the Member, regardless of whether or not such use or acts were by the Member, and the Member will bear any and all obligations and responsibility therefor.
  4. 4.    KADOKAWA provides no warranty as to the function or quality of connections that are simultaneously made from multiple devises by using the same Personal Authentication Information, connections that are simultaneously made from the same device by using multiple Personal Authentication Information, and connections that are otherwise made by methods that violate the Terms, etc. or KADOKAWA acknowledges to be improper.

Article 6.   Termination of Member Registration

  1. 1.    The Member may terminate the Member registration for the Service at any time by taking the procedures designated by KADOKAWA.
  2. 2.    If the Member terminates the Member registration for the Service under the preceding clause, the Member will no longer be able to use the Service and the Individual Services.
  3. 3.    If the Member registration for the Service is terminated under clause 1, clause 2 and clause 3 of Article 13 (Suspension of Use of the KADOKAWA-ID and Cancellation of Member Registration by KADOKAWA, etc.) will apply mutatis mutandis and KADOKAWA may delete the Customer Information and other data concerning the Service. KADOKAWA will not bear any responsibility to the Member for the deletion of such data and information.

Article 7.   Principle of Self-Responsibility

  1. 1.    The Member shall dispose of and resolve any complaints, inquiries or disputes such as claims for compensation of damages from third parties that arise in connection with the Member’s acts in the Service at its expense and responsibility. If the Member causes damages to KADOKAWA as a result of such act, the Member shall compensate KADOKAWA for all such damages.
  2. 2.    The Member shall prepare, maintain and manage the hardware, software, internet connection environment and other matters that are required to use the Service at its own expense and responsibility. KADOKAWA will not bear any responsibility if the Member is unable to use the Service due to a lack of such preparation or maintenance and management.

Article 8.   Attribution of Rights

The intellectual property rights such as copyrights (including the rights provided in Article 27 and Article 28 of the Copyright Act of Japan), neighboring rights and trademark rights and any other rights regarding the Service (including any contents such as texts, images, videos, music, etc. constituting the Exclusive Site for the Service and the Service) will belong to KADOKAWA or third parties approved by KADOKAWA. KADOKAWA does not grant any use of such rights to the Member.

Article 9.   Member’s Obligations

  1. 1.    The Member shall comply with the Member’s obligations set forth in these Terms, the terms of use for the Individual Services and other terms of use for the Service set forth by KADOKAWA (collectively, the “Terms, etc.”) and properly and lawfully use the Service.
  2. 2.   The Member shall not engage in the following acts in using the Service:
    1. (1)   Acts the contravene public order and morals or general common sense;
    2. (2)   Acts of using false information, such as falsifying the date of birth;
    3. (3)   Acts that infringe, or are likely to infringe, the reputation, credibility, or other rights or interests of KADOKAWA or third parties;
    4. (4)   Acts of publicizing the personal information of oneself or a third party (real name, address, telephone number, email address, information regarding a bank account and other information that can identify an individual);
    5. (5)   Acts of collecting the personal information of other Members and/or third parties;
    6. (6)   Acts of libel or defamation against a particular individual or group;
    7. (7)   Acts of commercial business, or acts of selling or transferring for commercial purposes (including reselling) or acts to induce or mediate such sale or transfer;
    8. (8)   Political activities or an act similar thereto;
    9. (9)   Religious activities or an act similar thereto;
    10. (10)   Acts of calling for donations;
    11. (11)   Acts such as distributing, transferring, distributing, loaning, selling or name-lending the Personal Authentication Information;
    12. (12)   Acts of identity theft (acts of pretending to be a particular person or group; includes using the Personal Authentication Information of a third party);
    13. (13)   Acts of removing or avoiding the security of the Exclusive Site for the Service by using bugs or defects of the Exclusive Site for the Service and/or Service or by using the Exclusive Site for the Service or the Service by means that are not authorized by KADOKAWA;
    14. (14)   Acts of reverse engineering, reverse compiling or reverse assembling the Exclusive Site for the Service and/or the Service, or acts similar thereto;
    15. (15)   Acts of adapting or translating the Exclusive Site for the Service;
    16. (16)   Acts of using or transmitting harmful programs such as computer viruses through the Service (including acts of spamming);
    17. (17)   Acts of causing damage to the system of the Services or interfering with the operation thereof (including acts of unauthorized access and acts of spamming);
    18. (18)   Acts of aiding or abetting, or that are likely to aid or abet, a criminal act;
    19. (19)   Acts of violating, or that are likely to violate, any regulation, law, rule or order;
    20. (20)   Acts of breaching the Terms, etc.;
    21. (21)   In addition to as provided above, acts of causing, or that are likely to cause, damages to KADOKAWA, other Members or other third parties; and
    22. (22)   Acts that KADOKAWA otherwise determines to be improper.
  3. 3.    If damages are incurred by KADOKAWA due to the Member having breached an obligation of this Article or other obligation in the Terms, etc., the Member shall compensate KADOKAWA for such damages.

Article 10.   Member Qualification

  1. 1.    A Member must be 16 years old or older, and if a person who is a minor (a person who has not reached the age of majority set forth in the applicable laws and regulations; the same applies hereafter) registers as a Member, the consent of a legal representative such as a guardian shall be obtained in advance. The User shall be deemed to have obtained the consent of a legal representative such as a guardian at the time of Member registration. A person who is under 16 years old may not register as a Member nor use the Service regardless of whether or not there is the consent of a legal representative.
  2. 2.    A ward, a person under conservatorship, a person under assistance and other persons with limited capacity under the applicable laws and regulations (excluding minors) shall apply for and use the Service upon obtaining the consent of the guardian, conservator, assistant or other legal representative.

Article 11.   Interruption of the Service

  1. 1.    KADOKAWA may interrupt all or a part of the provision of the Service without giving prior notice to the Member if any of the following apply:
    1. (1)   If there is a concentrated load on the system due to excessive access or other reason;
    2. (2)   If a need to secure the security of the Member, KADOKAWA, the KADOKAWA Group or a third party;
    3. (3)   If the provision of the Service is difficult due to the suspension of communication lines, natural disaster, fire, power outage or other unforeseen accident, or force majeure such as war, dispute, disturbance, riot, or labor dispute;
    4. (4)   If periodic or emergency repair or maintenance of the system is performed; or
    5. (5)   If KADOKAWA otherwise determines it to be necessary.
  2. 2.    KADOKAWA will not bear any responsibility for damages arising to the Member as a result of the interruption of all or a part of the provision of the Service under clause 1.

Article 12.   Changes to the Service

KADOKAWA shall be able to change the contents of the Service without advance notice to the Member; provided, however, that if the Service is terminated or if KADOKAWA determines that the change will cause material prejudice to the Member, KADOKAWA shall notify that effect to the Member in the Service in advance. Furthermore, this shall not apply in emergency or unavoidable instances.

Article 13.   Suspension of Use of the KADOKAWA-ID and Cancellation of Member Registration by KADOKAWA, etc.

  1. 1.    KADOKAWA may immediately suspend the Member’s use of the KADOKAWA-ID or cancel the Member registration without being required to give any advance notice, notification or demand if any of the below items apply to the Member:
    1. (1)   If KADOKAWA determines that there is an act of breaching the laws or regulations or the Terms, etc.;
    2. (2)   If there is a fraudulent act in regard to the use of the Service or the Individual Services;
    3. (3)   If more than two (2) years pass from the day the Service was last used;
    4. (4)   If the provision of the Service is terminated; or
    5. (5)   If KADOKAWA otherwise determines that the use of the service by the Member is difficult or improper.
  2. 2.    If the Member registration is cancelled, KADOKAWA will not bear an obligation to safekeep the customer information and other data concerning the Service and Individual Services and shall be able to delete such information and data at any time. Information that has been deleted will not be restored.
  3. 3.    KADOKAWA shall not bear any responsibility even if any damages arise to the Member due to a measure in the clauses above.

Article 14.   Handling of Personal Information, etc.

KADOKAWA shall properly handle the Customer Information or other personal information provided by the Member in connection with the Service and the Individual Services pursuant to the provisions of KADOKAWA’s Privacy Policy.

Article 15.   Disclaimer

  1. 1.    KADOKAWA shall not bear any responsibility for damage that arises to the User by the use of the Service, unless there is a reason that is exclusively attributable to KADOKAWA.
  2. 2.    Even if KADOKAWA bears responsibility, the damages that KADOKAWA will compensate the User will be limited to the direct and ordinary damages that actually arise to the User, and KADOKAWA shall not bear any responsibility for the User’s special damages, indirect damages, lost profits, attorneys’ fees and damages similar thereto unless it arises due to KADOKAWA’s willful misconduct or gross negligence.
  3. 3.    KADOKAWA will pay utmost attention to maintain the reliability of the Service, but shall not provide any warranty as to the below contents:
    1. (1)   Fitness for a particular purpose of the Service;
    2. (2)   Accuracy and stability of the Service’s operations; and
    3. (3)   Accuracy and reliability of the information provided in the Exclusive Site for the Service.
  4. 4.    KADOKAWA shall not bear any responsibility for troubles or disputes arising between the User and third parties (including other Users) due to the user’s use of the Exclusive Site for the Service or the Service.

Article 16.   Assignment of Contractual Status under the Terms, etc.

  1. 1.    The Member may not assign, transfer, establish as collateral or otherwise dispose its contractual status under the Terms, etc. or the rights or obligations under the Terms, etc., without the prior written consent of KADOKAWA.
  2. 2.    If KADOKAWA transfers the business regarding the Service to a third party (including if there is a succession of such business due to business transfer, merger, corporate split or other event; hereinafter, collectively, the “Business Transfer”), KADOKAWA shall be able to transfer the contractual status under the Terms, etc., the rights and obligations under the Terms, etc. and the Customer Information or other information concerning the Member to the transferee in such Business Transfer in relation to such Business Transfer, and the Member shall consent in advance to such transfer without objection.

Article 17.   Changes to the Terms, etc.

KADOKAWA shall be able to change the Terms, etc. upon notifying the Member in advance. Furthermore, the Member shall be deemed to have consented to the changes to the Terms, etc. without objection to the changes to the Terms, etc. by continuing the use of the Service even after the changes to the Terms, etc.

Article 18.   Confidentiality

The Member shall not disclose nor divulge to third parties any information of KADOKAWA or the KADOKAWA Group learned of when using the Service that KADOKAWA requests to be treated as confidential.

Article 19.   Severability

If any provision of the Terms, etc. or a part thereof is determined to be invalid or unenforceable, the remaining parts of the Terms, etc. shall be in full force and effect.

Article 20.   Governing Law

The Terms, etc. shall be governed by, and construed in accordance with, the laws of Japan.

Article 21.   Jurisdiction

If a need for litigation between the Member and KADOKAWA or another company of the KADOKAWA Group arises regarding the use of the Service or the interpretation or application of the Terms, etc., the Member shall consent in advance thereto without objection that the Tokyo District Court will be the exclusive court of jurisdiction in the first instance.

Effective: January 30, 2020