Article 1 (Apply)
1. These Terms are for the purpose of determining the rights and obligations of the Company and the artists regarding the use of the Service, and apply to all relationships regarding the use of the Service between the Company and the artists.
The rules, regulations, etc. relating to the Services posted on the Site from time to time shall constitute part of these Terms.
2. In the event of discrepancy between the English version and the Japanese version of the Terms, the Japanese-language version shall prevail.
Article 2 (Definition)
The following terms used in this Agreement shall have the meanings set forth below.
(a) “Services” means the fan club platform service named “unitive”, which is a website and smartphone application provided and operated by the Company.
(b) “Site” means a website (https://unitive.fun) named “unitive” provided by the Company on the Internet. The "Site" shall also include the "Service" where context permits.
(c) “Artist” means an individual or legal entity that organizes and operates its own fan page in the Services.
(d) "User" means any person who has registered the Service after approving the User Terms of Service.
(e) "Member" means a person who has approved this Agreement and has paid a monthly fee on one or more fan pages to use the Services.
(f) “Personal information” is information about a living individual, such as (1) the name, date of birth, and other descriptions contained in the information (documents, drawings, or electromagnetic records (electromagnetic (electronic) , A magnetic method or any other method that cannot be recognized by human perception.) A record made in the form of) or recorded, or expressed using sound, motion, or any other method. Anything (except for personal identification code) that can identify a specific individual (can easily be compared with other information, thereby identifying a specific individual) And ② personal identification code.
(g) “Contents” collectively refers to texts, sound sources, photos, images, live streaming distribution, videos, applications, web pages, digital tickets, digital items, and other information provided by the Service.
(h) “Intellectual property rights” means copyrights, patents, utility model rights, trademark rights, design rights, and other intellectual property rights (obtain those rights or apply for registration, etc. Copyright means the rights stipulated in Articles 27 and 28 of the Copyright Act).
(i) “Fan Page” means, individually or collectively, the individual fan pages composed by the Artist on the Site.
(j) "Free trial" means that the Services are provided free of charge to users who meet certain conditions for a limited period of time.
Article 3 (Artist Qualification)
Artists shall use the Services under these Terms. If separate terms (hereinafter referred to as "individual terms") are defined for each service in this service, artists shall use this service based on these terms and individual terms. If the content of this agreement differs from the content of the individual agreement, the content of the individual agreement shall take precedence.
Article 4 (Change of Terms)
The Company may change these Terms and Individual Terms at any time as necessary, and will post the changed Terms on this Service. If the Artist uses the Services after the changes to these Terms and Individual Terms, the artist shall be deemed to have consented to the changes, and the fees and all other matters relating to the Services shall be subject to the changed Terms. will do.
Article 5 (Artist registration)
1. Anyone who wishes to become an artist (hereinafter referred to as "Applicant for Artist Registration") shall apply for artist registration in accordance with the procedures determined by the Company after approving these Terms. Applicants who wish to register as an artist should refer to the artist application screen on this site and read the contents of this agreement in addition to the artist fees, usage conditions, information and services provided by this service, etc. You must apply for artist registration. The Company may, at its discretion, refuse to register an artist if the applicant for artist registration falls under any of the following items.
(a) If we judge that there is a risk of violating these Terms
(b) When all or part of the registration information provided to the Company is false, erroneous or omitted.
(c) If you have been previously deregistered from using the Service
(d) Any one of a minor, adult ward, guardian or assisted person without obtaining the consent of a legal representative, guardian, guardian or assistant
(e) Anti-social forces, etc. (meaning gangs, gangsters, right-wing organizations, anti-social forces, or others equivalent thereto; the same shall apply hereinafter), or any such When the Company determines that it has any kind of exchange or involvement with antisocial forces, such as cooperating or participating in maintenance, operation or management.
(f) In addition, if we judge that artist registration is not appropriate
2. If you are a minor, you must obtain the consent of a legal representative to use this service. If a minor agrees to the Terms of Service and applies for membership in the Service, the Company shall deem that the minor has consented.
Article 6 (communication terminal and ID, password)
1. The artist is a communication terminal such as a mobile phone terminal (a device that records authentication data given to the artist by the Company. If the communication terminal requires an IC card such as a SIM card for communication, (Including the IC card, etc .; hereinafter referred to as the "communication terminal".) And the management of ID and password. Artists shall not allow IDs and passwords to be used by third parties or lend, transfer, buy, sell, pledge, etc. In addition, when lending, transferring, buying, selling, pleasing, etc. the communication terminal to another person, the artist shall take appropriate measures so that the artist qualification is not used by others.
2. If the Company confirms that the ID and password used at the time of login match the specific artist information by a predetermined method, the Company will restrict the use of this service after the login to the use of the artist specified by the artist information. I will consider it. The artist assumes responsibility for damages caused by insufficient management of communication terminals, IDs and passwords, errors in use, and the use of third parties, etc., and the Company assumes no responsibility. If the artist knows the ID and password to a third party, if there is a possibility that the communication terminal will be used by a third party, the artist immediately informs us of it and, if there is an instruction of our company, Shall comply with this.
Article 7 (About artist description information)
1. Artist description information refers to all information transmitted, posted, registered, and displayed by the artist (hereinafter, these acts are simply referred to as "descriptions") within the Service. For the artist description information, the artist who described it has full responsibility. Artists cannot write information that falls under any of the following issues:
(a) hurt others' honor or credibility;
(b) contains obscene expressions or images
(c) fraudulent, false, deceptive, or misleading
(d) promote discrimination, prejudice, racism, hatred, harassment or infringement of any individual or entity;
(e) violent or intimidating or promote violent or intimidating acts against others;
(f) Patent rights, utility model rights, design rights, trademark rights, copyrights, portrait rights and other rights that infringe
(g) those containing computer viruses
(h) Those seeking heterosexual relations
(i) Those who meet the demands of heterosexual relations
(j) What leads to transactions outside of the Site
(k) contrary to public order and morals;
(l) violate the law or promote violating acts;
(m) Others that we deem inappropriate
2. The Company may delete the Artist Description Information if it violates the Terms such as the Artist Descriptive Information falling under any of the preceding items or if the Company deems it inappropriate. Will not be liable for any compensation or compensation.
3. The Company may use the Artist Description Information free of charge to the extent necessary to provide and promote the use of the Service by copying it to our servers, transmitting it to the public by artists, and other methods. However, information exchanged between the artist and the user, except in cases where disclosure is requested by a public organization such as a court based on laws or warrants, etc., or when it is necessary for the Company's business, etc., based on legitimate reasons. Of these, the information on which artists can be viewed will not be viewed by the Company or any third party (excluding third parties that the artist has permitted to view). The copyright contained in the artist description information is not transferred to the Company.
4. The Company shall be able to freely use the artist description information for the purpose of promoting and operating this service, and the artist shall authorize the use and shall not exercise the moral rights of the author.
Article 8 (About personal information)
Article 9 (violation of these Terms)
If an artist falls under any of the following items, the Company may cancel the artist qualification without any notice, or may not allow the use of some or all of the Service for the period specified by the Company. . In this case, we will not refund the fee we received and we will not compensate you for any damages caused by our measures.
(a) When registering personal information when applying for artist registration and changing personal information after becoming an artist, if the content is false or fraudulent, or if there is duplicate artist registration
(b) If one year or more has passed without using this service
(c) When we judge that it has unduly inconvenienced other users
(d) If we determine that we have an inappropriate relationship with antisocial forces
(e) Violation of these Terms and Individual Terms
(f) In addition, if we determine that it is inappropriate as an artist
Article 10 (Provision conditions of this service)
1. The equipment and communication means necessary to use this service shall be provided at the cost and responsibility of the artist. We do not guarantee that the service will not be interrupted, discontinued or otherwise obstructed. The Company provides the application provided by the Company as is, and does not guarantee that the application operates properly and that the application is free from defects.
2. The Company may suspend the Service without prior notice for the following reasons. In this case, the artist's lifetime will continue during the service suspension.
(a) When it is unavoidable to maintain the system, maintain telecommunications equipment, or perform construction work necessary to provide this service, or when an unavoidable trouble occurs
(b) When it is difficult to provide normal service due to a significant load or failure given to this service, or when we judge it is difficult
(c) When the Company recognizes that the provision of this service, such as falsification or hacking of data related to this service, could result in significant damage to artists or third parties.
(d) When the provision of this service becomes difficult due to the suspension of the provision of telecommunications services by telecommunications carriers or domestic and foreign telecommunications companies, power supply services by power companies, and other public services.
3. The Company may change the contents of the Service without prior notice at its sole discretion.
4. The Company may abolish the Service by posting it on this site at least three months in advance.
5. The Company shall not be liable for any damages resulting from the suspension, change or discontinuation of the Service under this section.
Article 11 (Prohibitions)
Artist shall not perform any of the following actions.
(a) Copy, sell, publish, rent, publicly transmit, modify, adapt, etc., the content on the Service, unless the Company separately consents (excluding information posted on the fan page by the artist). Unless the artist expressly consents to these acts, the technical protection measures added to the content will be canceled or avoided.
(b) Unauthorized access, decryption, analysis, decompilation, disassembly or reverse engineering of applications provided by the Company, servers owned by the Company, and information and communication generated by them, etc.
(c) The act of imposing an excessive load on the server used by the Company
(d) illegally, improperly collecting, disclosing or otherwise using personal information of other users or artists, or user and artist description information;
(e) impersonate another person or entity or falsely pretend to be related to another person or entity.
(f) Attempting to obtain the ID or password of another user or artist
(g) Send inappropriate data such as unsolicited mail, chain mail, viruses, etc.
(h) Utilize security holes, errors, bugs, etc. in systems and software related to this site
(i) Use the Service using automated means such as bots
(j) Use the Service for the purpose of changing or preventing it.
(k) hinder the use of the Service by other users and artists;
(l) Unfairly infringe on the copyright or other intellectual property rights, privacy, portrait rights, publicity rights, or other rights of any third party in any law or judicial precedent.
(m) Acting on behalf of, paying for, or receiving money through the Services.
(n) Post personal information of yourself or other users (including real name, address, telephone number, e-mail address and other contact information) in a manner other than the method expressly permitted in this service thing
(o) commit fraud
(p) Cash transaction activities (real money trade), or the act of converting user ID and artist ID, data in this content, etc. into cash, or the sale or purchase of goods or information, etc., or any other act based on them Or to provoke or solicit remarks
(q) Acts that are against public order and morals or that violate laws and regulations.
(r) Any act that violates these Terms and the Individual Terms, or any other thing that we deem inappropriate
Article 12 (Operation and management of fan page)
1. The operation of the fan page is entirely performed by the artist who established the fan page. In addition to the matters stipulated in this section, provision of information and services provided on the fan page (including, but not limited to, distributing content, holding events held through the fan page, granting privileges, etc.), etc. The management of decisions, changes, operation, etc. of matters concerning items shall be all performed by artists at their own responsibility and judgment. Any troubles, complaints, disputes, etc. arising in these matters shall be resolved between the artist and the user.
2. An artist may post any text, images, videos and other content (artist description information and information described by the user within the Service (hereinafter referred to as "user description information") posted on the fanpages established and operated by the artist. ) Can be determined at your own risk to the extent possible.
3. In the event that a user belonging to a fan page operated by the artist violates these Terms, the individual terms or the conditions set by the artist and disclosed on the fan page, the artist shall notify the user to the Service and submit the fan page to the fan page. May be evacuated. The decision regarding the exit of the fan page is made by the artist himself, and we have no control over this.
4. The Company shall not be liable for the management and operation of the Fan Page (including, but not limited to, the matters specified in the preceding three paragraphs) and any damages caused by this.
Article 13 (Removal of fan page)
1. Notwithstanding the provisions of the preceding Article, the Company will not be responsible for the management of and administration of the Fan Page by the Artist, or the termination of the contract concluded with the Company by the Artist who manages the Fan Page. If the artist who operates the website violates the agreement concluded with us, we recognize that the fan page is engaged in acts that fall under the prohibited matters specified in this agreement or individual agreement such as illegal activities In the event that the Company deems it inappropriate to maintain the fan page, the Company shall have the right to delete the fan page, and shall not be liable to the artist or user for any compensation or compensation in this regard. Shall not. In this case, the user belonging to the fan page will be deemed to have left the fan page at the time of the disappearance.
2. The Company shall not refund the monthly fee, etc. (defined in the next article) received by the Company even if the Fan Page is removed based on the preceding paragraph or the Artist removes the Fan Page.
Article 14 (Artist billing)
1. In order for an artist to open a fan page, it is necessary to pay a usage fee separately determined by the Company. Artists can check the details of their subscription to the service at any time. In this agreement, "1 day" shall start at midnight Japan Standard Time and end at 11:59 pm Japan Standard Time on the same calendar day.
2. Upon completion of the application for the fan page by the artist, the artist use contract for the fan page is concluded, and the artist submits the monthly fee for the fan page and various taxes applied thereto in the artist registration procedure. Expressly acknowledges that the credit card or other payment method that allows for continuous billing ("Payment Method") granted by the Company authorizes us to charge the artist. You have done. In addition to the monthly fee for the fan page, additional services, other fees and various taxes applied thereto (including the monthly fee and various taxes applied thereto, hereafter referred to as “monthly fee etc.” ).
3. In using this payment method, the artist shall acknowledge the following items in addition to the terms of this payment method and other service terms related to this payment method.
(a) Unless the Fan Page is removed, the Company shall continue to pay the monthly fee, etc. using this payment method.
(b) If there is a change in the content of the payment method originally registered (credit card number, expiration date, etc.), or change to another payment method, notify the fan page management screen without delay to that effect. To register.
(c) Even if you fail to register the change as described above, if the originally registered Payment Method is renewed, the Payment Method after the renewal or re-issuance ascertained by the issuer of this Payment Method Payment of monthly usage fee, etc.
(d) The issuing company of the designated payment method may not pay the monthly usage fee.
4. Monthly usage fee, etc. shall be charged from the moment of opening the fan page in principle. However, this does not apply to special cases such as during campaign development.
5. After the establishment of the fan page, monthly usage fees will be charged unless you cancel the use of the fan page, remove the fan page, lose the artist qualification, or stop or cancel the account or this service separately according to these terms. You.
6. The Company shall, on a monthly basis, correspond to the calendar day corresponding to the Monthly Usage Fee, etc. in Paragraph 4 (however, if the applicable day is not included in a specific month, such as the 31 On the last day), the artist will be automatically billed for this payment method according to the artist's usage in that month. However, if an artist changes this payment method, the date charged to the artist may change as a result of such change. The Artist agrees that the amount billed may vary each month due to promotional discounts, changes to the artist's subscription plan and changes in applicable taxes, and that the artist will be charged this amount to this payment method in advance. I agree. To prevent the billing of monthly fees for the following month, the artist must remove the fan page before the monthly update is made. The Company shall charge the monthly usage fee, etc. to the payment method registered by the artist during the registration procedure (or such another payment method if the artist has changed the artist's account information).
7. Monthly usage fees are non-refundable. If we deem it appropriate, such as when this service has been unavailable for more than 14 days due to technical problems, we will give preferential treatment to subscribers affected by such non-use, Benefits, etc. (hereinafter referred to as “special treatments, etc.”) may be provided. The amount and form of such preferential treatment and the decision to provide them are at the sole and absolute discretion of the Company. You are not entitled to
8. The Company reserves the right to collect any unpaid monthly usage fees, etc., by artists for this service. The artist must pay all monthly fees, etc. that are obligated to pay, and all costs incurred by the Company in connection with collection of such monthly fees (collection agent fees, reasonable attorney fees, and arbitration or litigation charges). (Including but not limited to expenses).
Article 15 (payment of proceeds to artists)
1. When the user pays the membership fee, ticket fee, etc., the remaining amount obtained by subtracting the system usage fee (including the settlement fee) specified by the Company from the total amount will be distributed as revenue to the artist of the fan page.
2. The Company will pay the proceeds set forth in the preceding paragraph on the 5th and 20th of each month, after deducting the payment fee, into the account of the financial institution designated by the artist (if the financial institution is not a business day, the next business day). However, at the time above, if the amount of revenue distributed based on the preceding paragraph is less than 5000 yen, such payment will not be made. In addition, at the time of the above, payment may not be made if there is a possibility that the artist falls under each item of Article 9.
3. Notwithstanding the preceding paragraph, in the event of an artist's request for payment, the Company shall pay the proceeds set forth in Paragraph 1 to the Financial Institution Account designated by the Artist after deducting the payment fee (the Financial Institution operates If not, the next business day). However, at the time above, if the amount of revenue distributed under Paragraph 1 is less than 500 yen, you will not be able to claim payment. In addition, payment may not be made if there is a possibility that the artist falls under any of the items in Article 9.
4. If payment is not successful due to artist-related reasons, such as an incorrect account number entry, a payment fee will be charged and the amount will be deducted from the artist's earnings. The Company shall not be liable to any artist for any payment made to a third party's account due to an incorrect account number entry.
6. If an artist is revoked from the artist status or withdraws from the service without claiming revenue, it will be deemed to have waived any rights to revenue that have not been claimed. If the amount of the unclaimed earnings is less than the amount set forth in the proviso of Paragraph 3, the payment shall not be made and the right to the earnings shall be deemed to have been waived, regardless of whether or not there is a claim.
7. We may offset the receivables we have on artists with the proceeds we pay to artists.
Article 16 (Conditions for licensing content)
The rights regarding all contents provided by the Company within the Service shall belong to the Company or the right holder who has licensed or entrusted the distribution of the contents to the Company, and the Company shall grant the user patent rights and utility model rights owned by the Company It does not grant or license any design rights, trademark rights, copyrights, know-how or other intellectual property rights. Artists shall not use the content provided by the Company in the Services (except for reproduction for personal use), adaptation, public transmission, or other means. However, this does not apply to the content posted and posted by the artist on the fan page, which is explicitly licensed for use by the artist in accordance with the terms of the license.
Article 17 (Artist responsibilities)
The Artist shall be liable for any damages to the Company, artists, other users or other third parties who are harmed by the breach of this Agreement, regardless of willful negligence.
Article 18 (Our responsibility)
1. The Company shall not be liable for the completeness, accuracy, certainty, usefulness, etc. of the contents of this service, and the contents and information obtained by artists through this service. Artists shall use the Services at their own risk, and unless otherwise expressly provided in these Terms, we will not be responsible for providing the Services, including any liability for We do not take any responsibility.
2. The Company will not be aware of any trouble that has occurred between users, artists, artists or other third parties with respect to this service. Therefore, these troubles shall be discussed between the parties concerned and resolved by lawsuits, etc., and the Company shall have no responsibility.
3. Notwithstanding Paragraph 1 and the preceding paragraph and other provisions of these Terms, even if we are liable for damages to artists due to the application of the Consumer Contract Law or for any other reason, our liability shall not be , Damages that are limited to direct and ordinary damages that have actually occurred, and the maximum amount of damages is 10,000 yen.
Article 19 (Change of registration items)
The artist shall promptly notify the Company in accordance with the procedures specified by the Company if the registered items such as the email address are changed. In the absence of this notification, the Company shall be able to handle the registration without change. Artists may not be able to use the service if they do not notify us of any changes to the registration.
Article 20 (Notice from our company)
The notice from us is sent by sending an e-mail to the e-mail address registered with us, or by a notification method using the function of the application provided by us, and it arrives when e-mail or application notification should normally arrive Shall.
Article 21 (withdrawal from this service)
1. Artists can be unsubscribed in accordance with our procedures.
2. The Company shall not refund the monthly usage fee, etc. and the fee for paid content received by the Company even if the artist withdraws.
Article 22 (Prohibition of transfer, etc.)
The Artist may, without the prior written consent of the Company, use a contractual position, qualifications or rights and obligations based on these Terms by a third party and assign, lend, set a security right to the third party, No other disposal is possible. In addition, electronic tickets and items purchased / obtained with this service cannot be transferred, loaned, set security interests, or otherwise disposed of to third parties.
Article 23 (Governing Law)
The governing law for this service and other terms is Japanese law.
Article 24 (Jurisdiction Court)
In the event of a litigation between the artist and the Company regarding this service, the Tokyo District Court shall have exclusive jurisdiction in the first instance.
Established March 16, 2020