Article 1 (Definitions)

1. “Terms” means, collectively, these Terms of Service, information, policies, FAQs and other rules and regulations related to the Service (including without limitation our Refund Policy, Privacy Policy, and Legal Disclosure under Act on Specified Commercial Transactions) that we post on the Service from time to time. If there is any inconsistency or contradiction between the policies and other rules and regulations related to the Service posted on the Service from time to time and the subject matter of these Terms of Service, the provisions of policies and other rules and regulations related to the Service will prevail.
2. “Service” means, collectively, the service provided in the name of “VSPO! Fan Club” and other services that we provide in relation to “VSPO! Fan Club”.
3. “User Agreement” means the Service User Agreement following the subject matter of these Terms that is automatically executed between us and you when you use the Service (including browsing, purchasing, receiving gifts or any other act of using the Service; hereinafter the same).
4. “Products” means, collectively, the products and services that are provided, sold or handled through the Service (including anything sold through the Service, such as digital data and the right to receive the provision of services).
5. “Intellectual Property Rights” means, collectively, copyrights (including the rights under Article 27 and Article 28 of the Copyright Act of Japan, neighboring rights, and moral rights of authors), patent rights, utility model rights, trademark rights, design rights and other intellectual property rights (including the right to acquire such rights or the right to apply for the registration of such rights).
6. “Antisocial Forces” means, collectively, an organized crime group, organized crime group member, quasi-member of an organized crime group, company associated with an organized crime group, corporate extortionist, socially-branded racketeering organization, organized intellectual crime group and other persons and organizations equivalent thereto.

Article 2 (Amendment to these Terms)

1. We reserve the right to amend these Terms at any time when we deem necessary, and you will comply with the amended version of these Terms. However, if we are to make important amendments to these Terms, we will notify you in advance according to a method that we deem appropriate.
2. If you use the Service after these Terms are amended, we will deem that you have agreed to the amended version of these Terms, and the subject matter of the User Agreement will also be amended pursuant to the amended version of these Terms.

Article 3 (Notice and Contact)

1. Any notice or contact from us to you in relation to the Service will be made by being posted on an appropriate place on the website or application operated by us, or according to other methods that we deem appropriate. If we deem it necessary to notify or contact you, we may notify or contact you via messaging function, email, postal mail, or phone call to your registered email address, postal address or phone number.
2. If you wish to contact us or make an inquiry concerning the Service, please do so using the inquiry form or to our designated email address. When we receive such a contact or inquiry and we deem it necessary, we may verify your identity by our designated method. In addition, we will respond to and answer the content of your contact or inquiry to a reasonable extent, but depending on the content of your contact or inquiry, there may be cases where we are unable to provide a response or it may take some time for us to provide a response.

Article 4 (Management of Account Information)

1. You will manage and store your ID and password (hereinafter collectively referred to as the “Account Information”) for this Service at your own responsibility, and will not allow a third party to use it, or otherwise lend, transfer, change the name, buy or sell it. Furthermore, you will have registered users strictly manage and store their Account Information, and cause them to refrain from allowing a third party to use it, or otherwise lend, transfer, change the name, buy or sell it.
2. You will be responsible for any damage caused by the insufficient management, erroneous use, or third-party use of the Account Information, and we will not be held liable in any way for such damage.
3. If you discover that your Account Information has been stolen or used by a third party, you must immediately notify us and follow our instructions.

Article 5 (Use of Service)

1. You may use the Service on the condition of complying with the User Agreement. The annual membership fee and other fees for the Service and the payment method thereof will be as displayed by us on the Service. Some Products may have special prices, may be available only online, or may have limited quantities or periods of availability. In addition, we may stipulate separate individual conditions for each Product (which will be stated on individual Product pages or elsewhere).
2. When purchasing Products through the Service, you agree to provide up-to-date, complete and accurate information (email address, credit card number and expiration date, Account Information, and other information) as requested by us. You will be liable for any damage caused by incomplete information, and we will not be liable in any way for such damage.
3. While we strive to display the conditions of use, colors, images, and other information of the Products we post as fully and accurately as possible, please note that we cannot guarantee that such conditions will not be changed later, that the colors and images will be accurately displayed on your computer monitor, that the Products will meet your expectations, or that any bugs or errors in the Products will be corrected.
4. We reserve the right, in our sole discretion, to refuse or restrict any applications for the Service that we deem inappropriate, including applications that appear to be made by distributors, resellers or sales agents.
5. If a warranty service is provided for a Product, it will be provided in accordance with the conditions described in the warranty card and other documents attached to the Product. Products that do not come with such a warranty card or Products that are not covered by the warranty can only be returned or exchanged (legal provisions regarding liability for non-conformity of contracts will not apply). As the product warranty conditions may be listed on each Product page, please check the details carefully.

Article 6 (Information Posted by You)

1. We may provide a function for you to post reviews and other information on the Service. We will update such posted information from you from time to time, but do not guarantee the frequency or immediate update of your posted information.
2. If we determine that information posted by you is in breach of these Terms or is otherwise unsuitable for posting on the Service, we will take action such as not posting all or part of the posted information, changing the scope of disclosure, or requesting you to make corrections, and you must cooperate with such action.
3. If we determine that any of the following applies, regardless of whether the information is illegal or in breach of these Terms, we may delete all or part of the relevant information from the Service or take the measures specified in the preceding paragraph.
   1. when a public institution or expert (such as the national or local government, a reliability verification organization stipulated in the guidelines of the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Sender, the Internet, hotlines, attorneys, etc.) points out or expresses an opinion that the posted information is illegal, is contrary to public order and morals, or infringes upon the rights of others; or
   2. when a person claiming to be a rights holder notifies us that the posted information infringes upon his/her rights.
4. Even if you terminate your use of the Service, each of the preceding provisions will continue to remain in effect, and you will not be able to edit or delete any content posted prior to the termination of the Service.

Article 7 (Prohibited Acts)

1. You must not conduct any of the following acts in relation to your use of the Service:
   1. act that breaches or may breach the User Agreement;
   2. act of using the Service for commercial or resale purposes etc., regardless of whether there is any monetary gain, beyond the scope of use permitted by us;
   3. act that infringes upon or may infringe upon the copyrights or other Intellectual Property Rights, honor, privacy, portrait rights, business rights, or other rights or interests of us or a third party;
   4. act that causes or may cause loss or damage to us or a third party;
   5. act related to criminal activities or act that is contrary to public order and morals;
   6. act that violate laws and regulations or the internal rules of us or the industry association to which you belong;
   7. act of destroying, interfering with, or tampering with information available in relation to the Service, our systems, data, or networks;
   8. act of conducting analysis or other activities regarding the Service or our system;
   9. act of transmitting data through the Service that exceeds a certain data volume specified by us;
   10. act of rewriting or erasing information stored in our equipment without authorization;
   11. act of using the Service by pretending to be someone other than you, pretending to have representative or proxy authority when in fact you do not, or falsely claiming to have an affiliation or cooperative relationship with another person or organization;
   12. act that promotes discrimination or is contrary to public order and morals;
   13. act that seriously impedes our business, such as making long or numerous phone calls or inquiries;
   14. act that may interfere with the operation of the Service by us; or
   15. any other act that is equivalent to any of the preceding items or that we reasonably determine to be inappropriate for a user of the Service.
2. If you receive a complaint from another user, external business operator, or other third party in relation to the Service, or if a dispute arises with such a party, you will immediately notify us of the details thereof, handle the complaint or dispute at your expense and responsibility, and report the progress and results to us when requested by us.
3. If we reasonably determine that you have breached or may breach the User Agreement, we may immediately, without prior notice or formal demand, temporarily suspend your use of the Service, suspend or cancel the provision of the Products, or refuse your use of the Service, or take any other measures that we deem appropriate. We will not disclose the reasons for such suspension, cancellation, or refusal unless we deem it particularly necessary, and we will not be liable for any damages incurred by you as a result of our actions under this article.
4. If you conduct an act that breaches the User Agreement, you will bear all responsibility arising from that act, and we will not be held liable in any way. If we consequently suffer any damage, we may demand you to compensate us for those damages (including costs of compensation to third parties, attorney’s fees, as well as costs borne by us in resolving the dispute).
5. We have no relationship with Antisocial Forces. Therefore, you must use the Service only after representing and warranting that you do not correspond to Antisocial Forces and that you have no socially reprehensible interactions or involvement with Antisocial Forces, such as cooperating with or participating in the maintenance, operation or management of Antisocial Forces through funding or other means. If we determine that you have breached or may breach your representation and warranty, we may take the measures set forth in Paragraph 3 of this article.

Article 8 (Attribution of Rights)

All Intellectual Property Rights related to the Service and Products are attributable to us or our licensors, and the conclusion of the User Agreement and the provision of the Products to you does not transfer or license to you any Intellectual Property Rights or other rights related to the Service or Products, except for those items expressly specified in advance in the User Agreement, such as the permission to use the same within a certain scope. You will not, for any reason, take any action that may infringe upon our Intellectual Property Rights or those of our licensors (including without limitation using the Products outside the permitted scope of use, and performing disassembling, decompiling, and reverse engineering to the Products).

Article 9 (Use of Information)

1. We will obtain information regarding the manner in which you use the Service (this refers to all information obtained by us regarding you, such as device-specific information and device location information of the mobile device using the Service, your IP address, usage status, history and other information, and includes information on your behavior within the Service obtained using tools provided by third parties), and will be able to freely use such information and data, free of charge, with or without linking it to your personal information, in order to create statistics or aggregated data and improve the Service or for the proper operation of the Service (this includes analyzing and managing the information itself or by entrusting it to a third party).
2. Notwithstanding the preceding paragraph, we will handle your personal information (meaning the “personal information” as defined in the Act on the Protection of Personal Information) in accordance with our Privacy Policy.

Article 10 (No Warranty)

1. You agree in advance that we will not provide any guarantees to you regarding the suitability, integrity, continuity, usefulness (beneficialness) or other aspects of the Service and Products for the purposes intended by you.
2. You must research, at your own responsibility and expense, whether or not the use of the Service or the Product, and any actions taken using the Service or the Product, will violate the laws and regulations or the internal rules of industry organizations applicable to you, and must comply with such laws and regulations and internal rules. We do not guarantee that your use of the Service or the Product complies with the laws and regulations or the internal rules of industry organizations applicable to you.
3. We will not be liable for any disruption or damage caused to your mobile terminal, computer equipment or the like, or for any loss or damage caused to you by your use of the Service or Products, including the loss or malfunction of information or programs stored in such equipment, or any other disadvantage or loss caused to you (including virus infection). Even if the Service does not operate or cannot be used due to the state of the communication environment or other reasons, we will not be liable for providing any kind of support.
4. The Service may link with external services provided by third parties. However, there is no guarantee that the Service will link with any specific external service. If the Service is unable to link with an external service or if the use of part or all of the Service is restricted due to unexpected changes in the specifications of the external service (including cases where unexpected behavior occurs on the Service), we will not be liable in any way except in cases where such restriction on use is due to our willful misconduct or gross negligence.
5. In cases where the Service is linked to an external service, you will comply with the terms of service of the external service at your own expense and responsibility. Any transactions, communications, disputes or the like that arise between you and the external business operating the external service, other users, or other third parties will be handled and resolved at your own responsibility, and we will not be held liable for such disputes or the like, except in cases where such disputes are caused by our willful misconduct or gross negligence.
6. You agree in advance that advertisements may be displayed while using the Service, that such advertisements may be displayed not only by us but also by third-party advertisement distributors, and that third-party advertisement distributors used by us may use cookies to deliver advertisements within the Service based on past access information to the Service or external sites. Furthermore, we will not be liable for any damage incurred by you in relation to such advertisements.
7. Even if we are liable for compensation for damages incurred by you in relation to the Service, notwithstanding the exemption from liability set forth in the User Agreement, our liability for compensation will be limited to the direct ordinary damages actually incurred by you, and will be limited to an amount equivalent to the annual membership fee for the Service (calculated on a monthly basis) for the 3 months immediately preceding the claim. However, this will not apply if the damages are directly attributable to our willful misconduct or gross negligence.

Article 11 (Temporary Suspension of Service)

1. We reserve the right to suspend or interrupt all or part of your use of the Service without prior notice to you in any of the following cases:
   1. when carrying out regular or emergency inspections, maintenance work, or work to upgrade the computer systems related to the Service;
   2. when computers, communication lines or the like are stopped due to an accident;
   3. when the operation of the Service becomes impossible due to force majeure such as fire, power outage, or natural disaster;
   4. when an external service experiences trouble, interruption or suspension of service provision, suspension of cooperation with the Service, or change in specifications or the like; or
   5. any other reason that we deem it necessary to suspend or interrupt the Service.
2. We reserve the right to make changes to all or part of the content and specifications of the Service when we deem it necessary. Furthermore, we are not obligated to obtain your approval for such changes, and will notify you of the content and timing of such changes in a manner that we deem appropriate.
3. We will not be liable for any damage incurred by you as a result of any measures taken by us pursuant to this article.

Article 12 (Transfer of Service)

1. Neither we nor you may assign, transfer, pledge as security or otherwise dispose of its status under the User Agreement or any rights or obligations thereunder to a third party without the prior written approval of the other party.
2. If we transfer the business related to the Service to a third party (whether through a business transfer, company split or any other form), we may transfer to the transferee our status under the User Agreement, our rights and obligations under the User Agreement, and your registration information and other customer information, and you hereby agree in advance to such transfer in this paragraph.

Article 13 (Entire Agreement)

These Terms constitute the entire agreement between us and you with respect to the matters included in these Terms, and, unless otherwise specified in these Terms, take precedence over any prior agreements, representations and understandings, whether oral or written, between us and you with respect to the matters included in these Terms.

Article 14 (Language)

Even if all or part of these Terms is provided in different languages, the languages other than Japanese are for reference only and the Japanese language version of these Terms will apply.

Article 15 (Severability)

Even if any provision or part of any provision of these Terms is determined to be invalid or unenforceable by law, the remaining provisions of these Terms and the remaining parts of the provision that is determined to be invalid or unenforceable will continue in full force and effect, and we and you will endeavor to amend the invalid or unenforceable provision or part to the extent necessary to make it legal and enforceable, and to ensure the intent of the invalid or unenforceable provision or part and the legal and economic effects of the same.

Article 16 (Governing Law and Competent Court)

The conclusion, effect, performance and interpretation of the User Agreement will be governed by the laws of Japan. If a lawsuit is to be initiated in relation to the User Agreement, we and you agree that the Tokyo District Court or the Tokyo Summary Court will be the competent court of agreed jurisdiction for the first instance depending on the amount in controversy.

Article 17 (Consultation)

With regard to matters not prescribed in these Terms or if doubts arise concerning the interpretation of these Terms, we and you will consult in good faith and resolve such matters or doubts.