humy

humy Terms of Use

*These Terms of Use are an English translation for reference purposes. The Japanese version of the humy Terms of Use is the only official and complete document by MIXI, Inc. This English translation has no legally binding power as said humy Terms of Use and shall not influence or be used as reference for the interpretation of said humy Terms of Use. MIXI, Inc. makes no warranties and bears no responsibility or liability whatsoever for the contents of these Terms of Use.

These Terms of Use (hereinafter, these “Terms of Use”) prescribe the terms and conditions for providing humy, a fan communication platform, (hereinafter, the “Services”) provided by MIXI, Inc. (hereinafter, the “Company”) as well as rights between the Company and a Registered Member. Before using the Services, you must read the entire text of these Terms of Use and agree to them.

Article 1 (Definitions)

The terms used in these Terms of Use shall be defined as follows:

  1. ”Company Website” means the website for providing the Services that is managed and operated by the Company;
  2. “Application” means an application program for providing the Services that is managed and operated by the Company;
  3. ”Use Agreement” means an agreement for using the Services that is entered into between the Company and a Registered Member and includes these Terms of Use;
  4. ”Registration Applicant” means an individual who wishes to use the Services and has applied for or intends to apply for membership registration;
  5. ”Registered Member” means a Registration Applicant who has been registered by the Company as a user of the Services pursuant to the provisions of Article 4;
  6. ”Account” means the status by which a Registered Member is able to use the Services and is issued by the Company to such Registered Member in the form of an ID;
  7. ”Company Content” means content created by the Company or a duly authorized third party that is available to Registered Members under the Services;
  8. ”Member Content” means content created and provided by a Registered Member to the Services;
  9. ”Intellectual Property Rights” means any intellectual property rights including, but not limited to, copyrights, patent rights, utility model rights, design rights, and trademark rights (including any rights to acquire any of those rights or any rights to apply for registration, etc. of any of those rights); and
  10. ”Registration Information” means any and all information disclosed by a Registered Member to the Company in relation to its membership registration and use of the Services.

Article 2 (Application)

  1. The purpose of these Terms of Use is to prescribe the terms and conditions for providing the Services as well as the rights and obligations between the Company and a Registered Member in relation to the use of the Services. These Terms of Use apply to any and all relationships between a Registered Member and the Company in relation to the use of the Services.
  2. Any terms and conditions regarding the use of the Services posted by the Company on the Company Website or in the Services shall constitute part of these Terms of Use.
  3. In the event of any conflict between the provisions of these Terms of Use, and any terms and conditions mentioned in the preceding paragraph or other description, etc. of the Services not contained in these Terms of Use, the provisions of these Terms of Use shall take precedence.

Article 3 (Amendment)

  1. The Company may, at its discretion, amend or add the contents of these Terms of Use at any time by posting the details and timing of amendment through the Services, sending them through individual e-mail, or by notifying them by other appropriate methods.
  2. If a Registered Member does not agree to any amended Terms of Use, the Registered Member must stop using the Services. If a Registered Member intends to continue using the Services after these Terms of Use are amended, the Registered Member must agree to the amended Terms of Use to use the Services.

Article 4 (Membership Registration)

  1. A Registration Applicant may apply to the Company for the use registration of the Services by agreeing to comply with these Terms of Use and providing the Company with Registration Information by a method designated by the Company.
  2. The Company shall determine, in accordance with the Company’s criteria, whether or not a Registration Applicant who has applied for registration under the preceding paragraph should be registered. If the Company approves the registration, the Company shall notify the applicable Registration Applicant of the completion of registration by a method designated by the Company. The registration of a Registration Applicant as a Registered Member shall be considered to have been completed upon the Company providing notification as set forth in this paragraph.
  3. At the time the registration is completed as set forth in the preceding paragraph, a Use Agreement shall be deemed to have been entered into between the applicable Registered Member and the Company, and the Registered Member may start using the Services in accordance with these Terms of Use.
  4. If a Registration Applicant falls under any of the items below, the Company may refuse his/her membership registration or re-registration. The Company has no obligations to disclose the reasons for such refusal.
    1. Registration Information provided to the Company contains, in whole or in part, false information, errors, or omissions;
    2. The Registration Applicant is a minor, adult ward, person under curatorship, or person under assistance and has not obtained the consent, etc. of his/her statutory agent, guardian, curator, or assistant;
    3. The Registration Applicant is an antisocial force, etc. (“antisocial force, etc.” means an organized crime group, a member of an organized crime group, a right-wing organization, an antisocial force, and other equivalent individual or organization; the same shall apply hereinafter) or is determined by the Company to be somehow associated or involved with an antisocial force, etc., such as cooperating in or being involved in the maintenance, operation, or management of such antisocial force, etc. by providing it with funds or otherwise;
    4. The Registration Applicant is determined by the Company to be a person who breached a contract with the Company in the past or a person associated with such person;
    5. The Registration Applicant has been subjected to the measures set forth in Article 22 (suspension of use or termination by the Company); or
    6. Other circumstances under which the Company determines the registration to be inappropriate.
  5. If any authentication information of a Registered Member (such as an SNS account or e-mail address) that is used for the Services becomes invalid, the Company may limit the use of the Services by the Registered Member or delete his/her Account. The Company bears no responsibility or liability whatsoever for any events that may be caused by the status of such authentication information.

Article 5 (Changes in Registration Information)

If there is any change in his/her Registration Information, a Registered Member shall, without delay, notify the Company of such change by a method designated by the Company.

Article 6 (Account)

  1. A Registered Member shall keep and manage his/her Account properly on his/her own responsibility and shall not have any third party use it, or lend, transfer, sell, or purchase it, or change the name of the Account holder, or perform any other similar acts.
  2. A Registered Member shall be liable for any damage caused by, without limitation, inadequate management of, an error in the use of, or the use by a third party of, his/her Account, and the Company bears no responsibility or liability whatsoever for such damage unless the cause of such damage is attributable to the Company.
  3. The Company may consider that, once his/her Account has been authenticated, any and all use of the Services thereafter has been made by the applicable Registered Member who uses that Account.

Article 7 (Provision of the Services)

  1. A Registered Member himself/herself may participate in an artist-specific fan communication service operated by the Company in the Services by paying a usage fee set forth in Article 11.
  2. In the Services, a Registered Member may be provided services prescribed for each fan communication service.
  3. A Registered Member warrants that his/her Member Content does not infringe on any third-party intellectual property rights, portrait rights, privacy rights, rights to protection of reputation, publicity rights, or any other rights (hereinafter, “Intellectual Property Rights and Other Rights”) and that he/she has obtained a license from a third party to use any content whose rights are held by such third party.
  4. The Company may delete or hide any Member Content that the Company determines may be in violation of any of the warranties in the preceding paragraph.
  5. Further details of the Services shall be separately specified on the Company Website.

Article 8 (Application License, etc.)

  1. The Company shall grant to a Registered Member a non-transferable, non-exclusive license for the Application in accordance with the terms and conditions set forth in these Terms of Use; provided, however, that these Terms of Use do not constitute the grant of any license for any upgrades, etc. to the Application that may be developed in the future.
  2. The Company may change the functions or specifications of the Application without notifying Registered Members. The Company may, for its own reasons, limit or discontinue the use of, or temporarily suspend or terminate the provision of, all or part of the functions of the Application. The Company bears no responsibility or liability whatsoever for any damage caused to a Registered Member due to any changes to the Application, any limitations on or the discontinuation of the use of the Application, or any temporary suspension or termination of the provision of the Application, unless the cause thereof is attributable to the Company.
  3. With respect to the Application, the Company makes no warranties whatsoever for its operation, or for fitness for the purpose of use, or for the accuracy or reliability regarding the results of use, and bears no responsibility or liability in any way for contractual nonconformities unless the cause thereof is attributable to the Company.
  4. Without the prior written consent of the Company, a Registered Member shall not reproduce, re-post, or re-distribute the Application or any information in it, or perform any other similar acts. A Registered Member shall not revise, modify, alter, reverse engineer, decompile, or disassemble the Application, or perform any other similar acts.
  5. The Application may connect to the network periodically for data communication. In this case, separate communication charges will be incurred.
  6. Any program data and related document files, etc. required for displaying or running the Application may be modified or updated automatically without prior notice.
  7. The Application may not be available temporarily if the network connection is lost because the device moves out of the service area or is in or behind a building while the Application is running.
  8. Downloading the Application will incur separate communication charges.

Article 9 (Data Management)

  1. A Registered Member shall, on his/her own responsibility, retain any necessary data, etc. that are entered, provided, or transmitted in connection with the use of the Services.
  2. The Company will separately record and store information used by Registered Members for a certain period of time in order to restore such information in case it is lost due to a failure, etc. in the facilities, etc. that provide the Services; provided, however, that the Company is under no obligation to restore such information.

Article 10 (Management of Personal Information)

The Company’s Privacy Policy has been formulated based on the Act on the Protection of Personal Information (hereinafter, the “Personal Information Protection Act”) as well as applicable laws and regulations and guidelines. Any personal information (as defined in Article 2, paragraph 1 of the Personal Information Protection Act) of a Registered Member provided to the Company through the Services shall be lawfully acquired and used within the scope of purposes of use in accordance with the Company’s Privacy Policy.

Article 11 (Usage Fee)

  1. A Registered Member may use the Services by paying a fee specified by the Company (hereinafter, the “Basic Fee”) according to a usage period specified by the Company (hereinafter, a “Usage Period”).
  2. If a Registered Member is a minor, adult ward, person under curatorship, or person under assistance, before paying the Basic Fee, he/she shall obtain the consent to his/her use of the Services from his/her statutory agent, guardian, curator, or assistant.
  3. The method of payment of the Basic Fee, etc. shall be specified separately by the Company.
  4. Upon expiration of each Usage Period, it shall be automatically renewed for the same length of time. Upon renewal, a Registered Member shall pay the Basic Fee, etc. by a method set forth in the preceding paragraph.
  5. The Company shall not issue any payment receipts, etc. for the payment of the Basic Fee, etc.
  6. If a Registered Member wishes to cancel the Services, he/she shall do so by a method specified by the Company. Even if a Registered Member has canceled the Services, the Basic Fee, etc. shall not be prorated on a daily basis and, even after cancelation, the Registered Member may use the Services during the Usage Period for which he/she has already made payment, and the automatic renewal of the Usage Period upon its expiration shall cease.
  7. Unless provided for by law, the Company shall not refund any Basic Fee, etc. or extend any Usage Period of the Services.

Article 12 (Suspension of Use)

  1. If the Company determines that a Registered Member has not paid the Basic Fee after the due date, the Company may suspend the use of the entire Services that are being provided, without notifying such Registered Member. Even in this case, if the payment is made within thirty (30) days after the due date, the Company shall remove the suspension, and if thirty (30) days have passed, the suspension shall be in place permanently.
  2. If the Company determines that a Registered Member has engaged in an act in violation of these Terms of Use, the Company may suspend the use of the entire Services that are being provided, without notifying such Registered Member.
  3. If the Company has suspended the use of the Services under this Article, the Company shall not refund any fees, etc. for the Services in any way.

Article 13 (Late Payment Interest)

  1. If a Registered Member has not paid the Basic Fee, etc. after the due date, the Registered Member shall pay the Company late payment interest in an amount calculated at the annual rate of fourteen point six percent (14.6%) according to the number of days from the day following the due date to the day preceding the day of payment.
  2. The relevant Registered Member shall bear any bank transfer fees and other expenses required for the payment mentioned in the preceding paragraph.

Article 14 (Outsourcing)

The Company may outsource to a third party(ies) all or part of the work relating to the provision of the Services without the consent of Registered Members. In this case, however, the Company shall manage the relevant contractors on its own responsibility.

Article 15 (Prohibited Acts)

A Registered Member shall not perform any of the acts listed below when using the Services. If a Registered Member engages in any of these prohibited acts, the Company may delete the relevant content without notifying the applicable Registered Member, and may limit the use of the Services by the Registered Member who has engaged in a prohibited act, or delete his/her Account without consent; provided, however, that the Company is under no obligation to delete such content and shall not be held accountable for any measures it takes, including, but not limited to, the deletion of content and the limitation of use.

  1. An act that the Company determines is in violation of these Terms of Use;
  2. An act that violates laws, rules, local government ordinances, or other statute laws;
  3. Having a third party other than the Registered Member himself/herself, including, but not limited to, natural persons, juridical persons, groups, and organizations, (hereinafter, a “Third Party”) use the Services by transferring or lending his/her Account to such Third Party;
  4. Disclosing a Third Party’s personal information (including the publication on the Internet of pictures, etc. of another Registered Member without his/her consent, and other similar acts);
  5. Using the Services beyond the scope of age restrictions on functions or tools that are applicable to the Registered Member, except for any use separately approved by the Company;
  6. Persistently demanding to see or communicate with an artist;
  7. An act against the public order and morals or an act that makes other users uncomfortable, such as depiction of sexual acts or violence, or publishing content that induces crimes or that is discriminative in nature;
  8. Using the Services for the purpose of sexual or lewd acts, etc.;
  9. Using the Services for the purpose of meeting someone of the opposite sex that one has not met before, etc.;
  10. An act that entices or encourages juveniles to run away from home;
  11. An act that causes someone to engage in or solicits someone to participate in illegal betting or gambling;
  12. Being hired for, acting as an intermediary for, or enticing, illegal acts (such as selling guns, etc., manufacturing explosives, providing child pornography, forging official documents, murder, and threating someone);
  13. Enticing or soliciting someone to commit suicide;
  14. Assuming the identity of a Third Party, or using the Services by representing oneself as someone else, proclaiming that one has representative authority or the power of attorney when one does not, or by faking a collaborative or cooperative relationship with another individual or organization;
  15. Posting a video depicting murder, assault, a dead body, or other cruelties;
  16. The following acts of spamming:
    1. Spam posts: one or more Registered Members posting the same or similar text or images at a place in the Services where posts can be made;
    2. Spam comments: one or more Registered Members displaying, at a place in the Services where posts can be made, multiple words or images that are irrelevant or barely related to that place, or posting extremely long text or a large number of words or images at such place;
    3. Spam URLs: one or more Registered Members posting the same URL at a place in the Services where posts can be made; or
    4. Other acts that the Company determines to be spamming.
  17. Deceiving the Company or other users by posting false information on Member Content or using the Services for unjust purposes;
  18. Damaging the reputation or social credibility of a Third Party or causing a sense of uncomfortableness or mental damage to such Third Party;
  19. An act that infringes on or may infringe on the rights of the Company, another Registered Member or a Third Party;
  20. Engaging in election campaigns or similar acts, or an act that violates the Public Offices Election Act;
  21. Collecting personal information of a Third Party including, but not limited to, other natural persons, juridical persons, groups, and organizations;
  22. Infringing on Intellectual Property Rights held by a Third Party, or soliciting the infringement of copyrights;
  23. Re-posting, reproducing, revising, accumulating, forwarding or reselling any of the items set forth in Article 16, paragraph 1 without the consent of the Company;
  24. If the Registered Member is a minor, adult ward, person under curatorship, or person under assistance, using the Services without obtaining the consent of his/her statutory agent, guardian, curator, or assistant;
  25. An act against the public order and morals;
  26. Obstructing the provision of the Services or defaming the Services;
  27. Transferring a large volume of data that the Company determines may hinder the operation of the Services, or placing a heavy load on the server (such as repeated unauthorized access);
  28. An act that obstructs or may obstruct the use of the Services by another Registered Member;
  29. An act that involves slanderous/libelous, insulting, defamatory, discriminative, or sexual conduct, or an act of posting content that contains such conduct;
  30. Unauthorized access to, or cracking of, hardware or software comprising the Services, or an act that interferes with other facilities, etc., or other similar acts;
  31. An attempt to analyze, revise, modify, alter, reverse engineer, or otherwise obtain source code, decompile, or disassemble software comprising the Services;
  32. Promotion or advertising for commercial purposes;
  33. Reselling to a Third Party through online auction any rights held based on the status as a Registered Member (including, but not limited to, the right of priority for the reservation of tickets and goods) and any items that are purchased or obtained with such rights (including, but not limited to, tickets and goods), or otherwise assigning or lending the foregoing to a Third Party or changing the name of the owner thereof, or pledging or offering the foregoing as other types of collateral;
  34. Releasing malicious computer viruses, codes, files, programs, etc., or hinting at places in which they are being released;
  35. Posting content that is or may be considered as a pyramid scheme or multi-level marketing or a similar scheme, or content that the Company determines is or may be considered as a pyramid scheme or multi-level marketing or a similar scheme;
  36. Posting child pornography or similar content, or content that the Company determines is similar to child pornography;
  37. Placing a link to a website containing images or videos of someone exposing their genitals, data depicting genitals, or other content that the Company determines depicts genitals;
  38. Criminal acts, such as fraud, abuse of controlled substances, child prostitution, illegal sale and purchase of bank accounts or cellular phones, or an act that may result in criminal acts, or an act that is or may be against the public order and morals;
  39. Using someone else’s Account or attempting to obtain someone else’s Account;
  40. Viewing, modifying, or altering other Registered Member’s data, or an act that may result in viewing, modifying, or altering such data;
  41. An act that encourages or that the Company determines may encourage any of the acts listed in the preceding items; or
  42. Other acts that the Company determines to be inappropriate.

Article 16 (Intellectual Property Rights)

  1. Any and all Intellectual Property Rights and Other Rights relating to Company Content, the Company Website and other tangible or intangible components comprising the Services (including, but not limited to, software programs, databases, icons, images, text, and manuals and other related documents) shall belong to the Company or a Third Party by which the Company has been granted a license for use.
  2. Notwithstanding the provisions of the preceding paragraph, any Intellectual Property Rights and Other Rights relating to Member Content shall belong to the applicable Registered Member who created such Member Content. Such Registered Member shall grant the Company a royalty-free license to use such Member Content within the extent necessary for providing the Services (including promotion and advertisements).
  3. In the case mentioned in the preceding paragraph, a Registered Member shall not exercise any moral rights of author against the Company or any Third Party to which the Company grants a sublicense.

Article 17 (Responsibility in the Case of Infringement)

If a Third Party files against a Registered Member any complaint or other claim relating to Intellectual Property Rights in relation to the use of the Services, such Registered Member shall handle such complaint or other claim on his/her own responsibility and at his/her own expense.

Article 18 (Limitation of Warranty)

  1. The Company does not make any warranties that the Services will fit a Registered Member’s particular purpose of use or achieve specific results.
  2. The Company does not make any warranties that a Registered Member will be able to use the Services in a satisfactory manner on every device or operating system or web browser, and is under no obligation to perform operation verification tests or make improvements, etc. in order to guarantee the foregoing.
  3. In providing the Services, the Company will use its best efforts to make sure that the Services will be free of bugs, etc. However, the Services are provided “as is,” and the Company does not make any warranties for non-existence of bugs or failures in the Services.

Article 19 (Disclaimer and Limitation of Compensation for Damage)

  1. The Company shall be responsible or liable for the Services only to the extent limited under respective provisions of these Terms of Use. The Company bears no responsibility or liability whatsoever for matters that the Company does not warrant, matters that the Company bears no responsibility or liability for, or matters that the applicable Registered Member is responsible or liable for, in each case, under respective provisions of these Terms of Use, unless the cause thereof is attributable to the Company.
  2. Even if a Registered Member suffers any damage in relation to the Services due to a cause attributable to the Company, the maximum liability for damages borne by the Company shall be an amount of the Basic Fee for a single Usage Period that has been paid in consideration of the Services, except when the cause of such damage is willful misconduct or gross negligence of the Company.
  3. If any of the provisions of these Terms of Use (including the provisions of the preceding Article and of each paragraph of this Article) that release the Company from its liability or limit the Company’s liability is found invalid by operation of laws including, but not limited to, the Consumer Contract Act, the Company shall be liable to compensate the applicable Registered Member for any direct and actual damage suffered by such Registered Member.

Article 20 (Temporary Suspension of the Services)

  1. The Company may, periodically or as needed, suspend the Services temporarily for maintenance work.
  2. The Company shall notify Registered Members beforehand of any maintenance work; provided, however, that, in the case of emergency, the Company shall temporarily suspend the Services without prior notice and provide a notice to Registered Members promptly after such maintenance work.
  3. Beyond what is provided for in paragraph 1, the Company may also temporarily suspend the Services if the Company determines that the continuation of the Services may cause serious damage to Registered Members due to an act of obstruction by a Third Party, etc., or if there are other unavoidable reasons.
  4. The Company bears no responsibility or liability for any disadvantages or damage that a Registered Member may suffer due to any temporary suspension of the Services under this Article.

Article 21 (Termination of the Services)

  1. The Company is entitled to terminate all or part of the Services at any time at its discretion.
  2. If the Services are terminated in accordance with the procedures set forth in this Article, the Company bears no responsibility or liability whatsoever for any consequences of such termination of the Services unless the cause thereof is attributable to the Company.

Article 22 (Suspension of Use or Termination by the Company)

  1. If the Company determines that a Registered Member falls under any of the following items, the Company may suspend the provision of the Services or terminate all or part of the applicable Use Agreement, without requiring notice to such Registered Member:
    1. Engaging in an act that causes damage to the Company’s business;
    2. Being in violation of laws, regulations, local government ordinances, other rules, etc., or the Use Agreement; or
    3. Falling under any of the items of paragraph 4 of Article 4.
  2. If a Registered Member is in breach of the applicable Use Agreement, etc., or if the Company determines that a serious event has occurred due to a cause attributable to a Registered Member that renders it difficult to continue the provision of the Services (hereinafter, a “Breach”), the Company may immediately terminate all or part of the Use Agreement with such Registered Member without requiring notice of such Breach to such Registered Member.

Article 23 (Actions to Be Taken After Termination of Agreement)

  1. Upon termination of the applicable Use Agreement regardless of the reason therefor, a Registered Member shall immediately stop using the Services and may not use the Services thereafter.
  2. Upon termination of the applicable Use Agreement regardless of the reason therefor, the Company shall erase any and all data stored in the Services (including any Member Content) within a reasonable period of time.
  3. The Company is under no obligation to compensate for any damage that a Registered Member may suffer due to the erasure of any data under this Article.

Article 24 (Notice)

Any notices regarding the Services and any other notices prescribed in these Terms of Use that are sent by the Company to a Registered Member shall be made by e-mail or by other method designated by the Company. Any notice shall become effective upon the Company sending it.

Article 25 (Assignment, etc. of the Contractual Status under a Use Agreement)

  1. Without the prior written consent of the Company, a Registered Member shall not have any Third Party succeed to his/her contractual status under his/her Use Agreement, or assign to any Third Party, have any Third Party succeed to, or offer as collateral, all or part of his/her rights and obligations under his/her Use Agreement.
  2. If the Company transfers the business related to the Services to any Third Party, the Company may, upon transfer of such business, assign to the transferee of such business its contractual status under the applicable Use Agreement(s), its rights and obligations under these Terms of Use, and customer information, etc. of the applicable Registered Member(s), including, but not limited to, his/her/their Registration Information, and such Registered Member hereby agrees to such assignment in advance. The business transfer set forth in this paragraph shall include company splits and any and all other instances in which business is transferred.

Article 26 (Severability)

Even if a provision or part of a provision of these Terms of Use is found invalid or enforceable under laws or regulations, etc. including, but not limited to, the Consumer Contract Act, the remaining provisions of these Terms of Use, or the remainder of the provision part of which has been found invalid or enforceable, as applicable, shall remain in full force and effect.

Article 27 (Force Majeure)

If the performance of the Services is hindered due to natural disasters, the establishment, revision, or abolishment of laws, regulations, or rules, or other force majeure, notwithstanding any of the provisions of the applicable Use Agreement or otherwise, the Company bears no responsibility or liability whatsoever for any damage that may be caused to the applicable Registered Member due to such force majeure.

Article 28 (Consultation)

Any disagreements or questions arising between the parties hereto with respect to the interpretation of these Terms of Use or any matters not set forth in these Terms of Use shall be resolved amicably through consultation in good faith between the parties.

Article 29 (Governing Law and Jurisdiction)

Any matters relating to a Use Agreement shall be governed by the laws of Japan, and the parties hereto agree that the Tokyo District Court shall be the court with exclusive jurisdiction in the first instance for such matters.

Established on Dec 1, 2022

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