Article 1 (Definitions)

Terms used in these Terms are defined as follows:

1. "Service" means the "Fans’" service operated by Rococo and shall refer to the following services collectively:
   1. Support for the construction and operation of Fan Club Sites
   2. Operational monitoring, maintenance and support for the System
   3. Collection of the Fan Club Membership Fees and distribution of Revenue to the Creator Members
   4. Other services incidental to the above services
2. "Creator Member" means a juridical person or an individual who enters into a contract (the "Contract") with Rococo for the use of the Services and the services described in "Application Form for Fans’ Creator Member " (the "Application Form") and uses these services.
3. "Site" means the "Fans’" website operated by Rococo.
4. "Fan Club Site" means a website which a Creator Member builds and operates through the Services.
5. "Information Content" means an information which a Creator Member uploads through the Services and posted on the Site and/or the Fan Club Site.
6. "Digital Content" means an audio/video/picture which a Creator Member uploads through the Services and distributes on the Site and/or the Fan Club Site.
7. "Fan Club" means a community membership organization for fans of a Creator Member, consisting of paid members recruited by such Creator Member ("Fan Club Members").
8. "Fan Club Membership Fee" means the fees paid by Fan Club Members for the use of Fan Club Site and Fan Club. Fan Club Membership Fee shall include, not only the fixed and monthly basis amount to be paid in return for the use of Fan Club Site and Fan Club, the expenses incurred by Fan Club Member in providing additional support to a Creator Member (if additional support is applicable).
9. "Event" means an event to be hosted a Creator Member through the Services. Details of such event such as the terms of participation shall be registered in accordance with the description of the Site.
10. "System" means a system (including back-up center server required for operation of the system) developed by Rococo for the purpose of providing the Services.
11. "User" means collectively visitors to Fan Club Site, viewers of Information Content and Digital Content, and Fan Club Members.
12. "Collection Agent" means Stripe Japan Co., Ltd., which is entrusted by Rococo to collect various charges for the Services such as Fan Club Membership Fee.
13. "Collection Agent Fee" means the fees paid by Rococo to Collection Agent in collecting the various charges as stipulated in the preceding item.

Article 2 (Contract)

1. Creator Members shall fill in the prescribed application form and submit it to Rococo.
2. Rococo shall conduct an examination whether to approve the application by Creator Members based on the Application Form. The Contract shall become effective when Rococo approves the application to the Creator Member after the said examination. The Terms and the statement in the Application Form constitutes the Contract.
3. Rococo, in the examination set forth in the preceding paragraph, decides whether to approve the application by Creator Members in accordance with the standards set forth by itself. If Rococo finds Creator Member falls under any of the following items, it may reject the application by the Creator Member, who shall not make any objection to the decision by Rococo:
   1. The Application Form contains false statements;
   2. There is a fear of a breach of the Terms;
   3. The Creator Member has breached the Terms or any other contract with Rococo in the past;
   4. Rococo determines inappropriate for a reason other than the above items.
4. A minor who wish to submit an Application Form shall do so after obtaining a prior consent of the legal representative such as a parental authority. Rococo may reject the application made by a minor without a consent of the legal representative and, in the event it is found after the conclusion of the Contract that the minor has made the application without a consent of the legal representative, may terminate the Contract. The Creator Member shall not make any objection to the decision by Rococo.
5. In the event of any change in the matters stated in the Application Form (including the event of a merger of juridical persons), the Creator Member shall promptly notify Rococo to that effect by attaching a document certifying the fact of such change. Rococo shall not be liable for any disadvantage such as inability to use the Services due to the Creator Member's failure to submit a notification as set forth in this paragraph.
6. Rococo may amend the Terms from time to time by notifying Creator Members in advance. In this case, the revised Terms shall govern the use of the Services; provided, however, that the user fee for the Services may only be revised after due consultation between Creator Members and Rococo.

Article 3 (Notice)

1. A notice by Rococo to Creator Members will be made in such reasonable manner as Rococo determines appropriate to its content, including displaying on the Site, publications and e-mails.
2. A notice by Rococo through e-mail shall be deemed to have been completed once it is dispatched to the e-mail address provided on the Application Form. Rococo shall not be liable for any failure of the Creator Member to check the e-mail or for any delivery failure due to communication interruption.

Article 4 (Account)

1. Rococo shall grant Creator Members an ID (the "Account") to identify the Creator Member in the use of the Services after the conclusion of the Contract, and the Creator Member shall be liable for careful handling of the Account.
2. Creator Members shall not transfer, lend or disclose their account to a third party.
3. In the event that Rococo or a third party suffer any damage caused by reasons attributable to a Creator Member such as inadequate management or inappropriate use of Account or use thereof by a third party, the Creator Member shall compensate for such damage and Rococo shall not be liable for any such damage.
4. Creator Members shall, if they discover that their Account is being used unlawfully by a third party, immediately notify Rococo and follow its instructions. Rococo shall not be liable for any disadvantage such as inability to use the Services due to the Creator Member's failure to give such notice.

Article 5 (Information Content and Digital Content)

1. The Information Content and the Digital Content (collectively, the "Content") and Description Information (as defined in the Paragraph 3 of the Article 7) shall be limited to those which the Creator Member himself has the copyrights and all other necessary rights after he created them by himself or has been licensed to use them by the appropriate right holders.
2. Creator Members shall warrant to Rococo that Contents and Description Information comply with the provisions of the preceding paragraph and do not infringe any of a third party's copyrights, moral rights of author, neighboring rights, moral rights of performer, trademark rights, trade secrets or other intellectual property rights as well as a third party's honor, credit, privacy rights, publicity rights, portrait rights or other rights.
3. Creator Members shall grant to Rococo free of charge a non-exclusive right (including the right to sublicense to a third party under an agreement to be entered into separately between Rococo and such third party) to use the Contents and Description Information (including reproduction, alteration, adaptation, public transmission and making transmittable) to the extent required for the provision of the Services within and outside of Japan. Creator Members shall not, in relation to such use, exercise the moral rights of author against Rococo or any third party licensed by Rococo or cause any other right holder to exercise such rights.
4. Rococo shall be entitled to, for the purpose of advertising the Site and the Services, produce and use advertising materials for the Site or the Services or other promotional materials by modifying and adapting Contents and Description Information.
5. In the event a Content and Description Information violates the Terms or Rococo determines that a Content is inappropriate based on its reasonable discretion, Rococo shall be entitled to delete such Content or Description Information without being held liable to the Creator Member for such deletion.
6. Creator Members shall not, with respect to Contents and Description Information and without a prior consent of Rococo, assign copyrights or other rights to any third party, provide as security, grant an exclusive license to use, or conduct any other acts that interfere with the use by Rococo pursuant to the provisions of this Article. Creator Members shall notify Rococo in advance and follow the prescribed procedures when conducting such acts as stipulated in this paragraph.

Article 6 (Fan Club)

1. Rococo shall provide to Creator Members the functions set forth in the following items ("Fan Club Functions"):
   1. Function to generate pages which can be viewed by Fan Club Members exclusively
   2. Function to restrict access to the page prescribed in the preceding item
   3. Function relating to the operation and management of Fan Club
   4. Other functions incidental to any of the above items
2. Rococo provides the Fan Club Functions which Rococo is able to provide at that time. Rococo may add or change all or part of the Fan Club Functions without a prior notice to Creator Members and Fan Club Members.
3. Rococo shall not be liable for any damage suffered by Creator Members or Fan Club Members due to any change in Fan Club Functions as set forth in the preceding paragraph.
4. Rococo may suspend or discontinue the provision of all or part of Fan Club Functions without a prior notice to Creator Members or Fan Club Members due to unavoidable circumstances.
5. Rococo shall not be liable for any damage suffered by Creator Members or Fan Club Members due to suspension or discontinuation of Fan Club Functions as set forth in the preceding paragraph.

Article 7 (Registration of the Event)

1. Creator Members shall register information concerning Event in accordance with the description of the Site.
2. Creator Members shall be liable for hosting Event in good faith in accordance with registration made pursuant to the preceding paragraph and shall not cause any inconvenience to Rococo.
3. Creator Members shall be solely liable for all information described on registration pursuant to the Paragraph 1 (the "Description Information"). Creator Members shall resolve any dispute with a third party arising from the Description Information at their own liability and expense, and Rococo shall not be liable for such dispute.
4. Rococo may delete Description Information from the Site or Fan Club Site in the event that the Description Information violates the Terms or Rococo determines that the Description Information is inappropriate based on its reasonable discretion. Rococo shall not be liable to the Creator Member for such deletion.
5. Rococo shall be entitled to use free of charge Description Information by reproducing or any other means or allow it to be used by a third party to the extent required for the provision of the Services. Creator Members shall hereby approve the same in advance.
6. Notwithstanding the provisions of the Paragraph 2, in the event of cancellation or discontinuation of the Event due to unavoidable circumstances of the Creator Member, the Creator Member shall promptly notify Rococo of such cancellation or discontinuation and shall follow the instructions of Rococo.

Article 8 (Monitoring and maintenance of the System)

1. Rococo shall monitor the operation of the System and, in the event of failure or other irregularities, shall remotely repair, maintain, and report to Creator Members. Notwithstanding the foregoing, Creator Members shall perform the work to suspend and re-start applications that operate on the System and other works which are agreed upon between Rococo and Creator Members as being necessary to use the Services.
2. Rococo may suspend all or part of the System by giving a prior notice to Creator Members if any of the following items applies; provided, however, that in the event Rococo determines that it is unavoidable due to urgency, it shall be sufficient to notify Creator Members immediately after the System is shut down.
   1. It becomes difficult to provide the Services in whole or in part due to force majeure such as acts of God.
   2. Maintenance and/or adjustments indispensable for the maintenance of the Services.
   3. Unexpected failure or the like in the System.
   4. Concentrated load on the System due to excessive access or other unforeseen factors.
   5. Rococo determines it necessary for the operation of the Services.
3. Rococo shall not be liable for any damage suffered by Creator Members as a result of the suspension of the System pursuant to this Article.

Article 9 (User Support)

1. Creator Members shall, by setting up a user support contact, respond to inquiries from Users concerning Fan Club, Content, Event and Creator Member’s activities by telephone or e-mail.
2. Notwithstanding the provisions of the preceding paragraph, if a Creator Member receives an inquiry which is separately agreed to be dealt with by Rococo, the Creator Member shall promptly notify Rococo of the details thereof and Rococo shall respond to it within a reasonable time.

Article 10 (Prohibition)

1. Creator Members shall not engage in any of the following acts when using the Services.
   1. Infringement or acts that may infringe the rights of Rococo or a third party.
   2. Slander or defamation of Rococo or a third party or undermining their reputation or credit.
   3. Collecting personal or undisclosed information of a third party without obtaining their consent or by unlawful means.
   4. Interference with communications, interception of communications, or trespass into the System.
   5. Making a threatening or fraud, a violent act or an unfair claim beyond legal liability by themselves or through a third party.
   6. Acts that may adversely affect minors' personality development.
   7. Using Fan Club (including Description Information) for profit-making purposes without a prior consent of Rococo.
   8. Act of pretending to be Rococo or another User or another Creator Member.
   9. Interference the operation of Fan Club.
   10. Acts that may impose burdens on the system of Fan Club beyond the normal scope such as performing unauthorized access programs and server attacks, or that may interfere with the operation of Fan Club or the network system.
   11. Transmitting or posting harmful computer programs such as viruses.
   12. Violation the public order and morality, laws and regulations, treaties, or relevant guidelines.
   13. Providing benefits and other cooperative conducts to anti-social forces.
   14. Acts which Rococo determines inappropriate.
2. Creator Members shall not handle any content or event that falls under any of the following items in the Services.
   1. Those which violate the Terms.
   2. Those which may violate the CITES Treaty, the Antique Dealings Act and other relevant laws and regulations, government guidelines, or the public order and morality.
   3. Those which are related to politics/elections concerning a certain organization or individual.
   4. Those which lead to the solicitation or propagation of a certain religious group.
   5. Those which are related to political/religious beliefs such as opinion or religious advertisements.
   6. Those which lead to the invitation to pyramid finance, multi-level marketing, chain-mailing.
   7. Those which are ugly, cruel, or odd and may make people feel uncomfortable.
   8. Those which are with high indecency.
   9. Those which may permit or promote discrimination.
   10. Those which are related to anti-social forces.
   11. Those which induce or facilitate crimes, suicides, acts of self-injuries or drug abuses.
   12. Those which contain intentionally false expressions.
   13. Those which Rococo determines unsuitable.
3. In the event that a Creator Member is found to have breached the Paragraph 1 or 2 of this Article, Rococo shall be entitled to take actions without a prior notice to the Creator Member, including deleting Contents or information of Events posted on the Site or Fan Club Site, without being held liable to the Creator Member for such action.
4. In the event that Rococo determines that a Creator Member may breach the Paragraph 1 or 2 of this Article, Rococo shall be entitled to inquire with the Creator Member about the matters necessary to confirm the facts and to conduct other necessary investigations. The Creator Member shall be obliged to cooperate with said inquiries and investigations. If the Creator Member fails to present the references and materials necessary for such inquiries or investigation, Rococo may take the same measures as in the preceding paragraph without being held liable to the Creator Member for such action.
5. In the event that a Creator Member breaches the Paragraph 1 or 2 of this Article and Rococo or a third party suffer any damage caused by reasons attributable to the Creator Member, the Creator Member shall compensate for such damage. In the event that a third party pursues liability of Rococo, the Creator Member shall resolve this at his/her own liability and expense and shall hold Rococo harmless.

Article 11 (Liability for Performance)

1. In the event of a defect in the provision of the Services or an incomplete performance due to the lack of care of a good manager by Rococo (collectively, "Incomplete Performance"), Creator Members may request Rococo to perform the Services in accordance with the purpose of the Contract.
2. In the event that a Creator Member makes a request pursuant to the preceding paragraph and the Incomplete Performance is not cured, Rococo shall be liable for damage suffered by the Creator Member as a result of such Incomplete Performance in accordance with the provisions of the Article 19.

Article 12 (Rights)

1. In the event that a Creator Member or Rococo is subjected to a claim or a litigation filed by a third party for infringement of intellectual property rights with respect to the Content and Description Information (collectively, "Claim"), the Creator Member or Rococo shall immediately notify the other party to that effect. In such case, the Creator Member shall resolve it at his/her own liability and expense, and shall hold Rococo harmless.
2. Notwithstanding the provisions of the preceding paragraph, if Claim arises from a cause attributable to Rococo, Rococo shall resolve it at its own liability and expense and shall hold the Creator Member harmless.
3. Trademarks, logos and service marks used in the Services (collectively, "Trademarks") are trademarks of Rococo or a third party from whom Rococo is licensed to use. Creator Members shall not use Trademarks without a prior written consent of Rococo.

Article 13 (Subcontract)

Rococo shall be entitled to subcontract to a third party the provision of the Services and other duties pertaining to the performance of the Contract.

Article 14 (Revenue)

1. The fee for the Services shall be individually notified to Creator Member by Rococo plus the tax imposed by law and regulation.
2. Rococo shall collect Fan Club Member Fee from Fan Club Members through Collection Agent and pay the remaining amount after deducting the fee for the Services from Fan Club Member Fee as stipulated in the preceding paragraph to Creator Members in accordance with the payment terms as set forth separately by Rococo. No interest shall accrue on Fan Club Member Fee during the period from the collection of Fan Club Membership Fee by Rococo until the payment to the Creator Member. Rococo shall bear the fees for Collection Agent. Creator Member bear the bank transfer fees and the fees incurred when Rococo pays the Creator Member in accordance with the provisions of preceding paragraph.
3. Creator Members shall open an account of the online payment service "Stripe Payments" ("Stripe Account") operated by Collection Agent and submit the information of Stripe Account and bank account opened in Creator’s name promptly after the conclusion of the Contract.
4. Rococo shall not be liable for any delay in payment by Rococo stipulated in paragraph 3 if such delay is due to a reason attributable to the Creator Member such as the Creator Member's failure to open a Stripe Account and to submit the information of Stripe Account and bank account by the date designated by Rococo.

Article 15 (Termination by Creator Members)

Creator Members shall be entitled to terminate the Contract, on the preferred date of termination, with one month prior notice made in accordance with the manner prescribed by Rococo.

Article 16 (Termination by Rococo)

In the event that a Creator Member falls under any of the following items, Rococo may immediately terminate the Contract without any notice or demand. In such case, all obligations payable by the Creator Member shall become immediately due and payable.

1. A Creator Member breaches the Contract and, despite a demand by Rococo to cure within a specified period of time, the breach is not cured within the said period of time.
2. A petition has been filed for attachment, provisional attachment, provisional disposition, compulsory execution or public auction, or an action against delinquent payment of tax or others has been made.
3. A petition has been filed for commencement of bankruptcy proceedings, commencement of civil rehabilitation proceedings, commencement of corporate reorganization proceedings, commencement of special liquidation, or specific conciliation.
4. A draft or check drawn by a Creator Member has been dishonored.
5. An order has been made for suspension of business or rescission of business license.
6. A Creator Member makes a transaction or similar conduct with anti-social forces. Or a Creator Member or its major shareholder, officer or employee (if the Creator Member is a judicial person) presently belongs to anti-social forces.
7. Rococo determines, based on reasonable grounds, that a Creator Member is inappropriate as the counterparty to the Contract.

Article 17 (Confidentiality)

1. Creator Members and Rococo (the "Receiving Party" in this Article) shall not, without obtaining a prior written consent of the other party (the "Disclosing Party" in this Article), disclose or divulge to any third party technical information or business information disclosed pursuant to the Contract by the Disclosing Party with a notice or express statement upon disclosure to the effect that it is confidential (collectively, "Confidential Information") and shall not use such information for any purpose other than the performance of the Contract.
2. Notwithstanding the provisions of the preceding paragraph, any information that falls under any of the following items shall be excluded from the scope of Confidential Information.
   1. Those already in the public domain at the time of disclosure.
   2. Those which came into the public domain after disclosure without any reason attributable to the Receiving Party.
   3. Those already held by the Receiving Party at the time of disclosure.
   4. Those lawfully obtained without obligation of confidentiality from a third party with legitimate rights.
   5. Those developed independently by the Receiving Party without using Confidential Information.
3. Notwithstanding the provisions of the Paragraph 1 of this Article, in the event that disclosure of Confidential Information is requested by a court, government or other administrative body pursuant to laws and regulations, the Receiving Party may provide the Confidential Information to the minimum extent necessary.
4. The Receiving Party shall not copy or reproduce Confidential Information beyond the minimum extent necessary.
5. Upon termination of the Contract or at the request of the Disclosing Party, the Receiving Party shall immediately destroy the Confidential Information or return it to the Disclosing Party. In addition, the Receiving Party shall submit to the Disclosing Party a disposal certificate promptly after the destruction of the Confidential Information.
6. The confidentiality obligation of the Receiving Party as set forth in this Article will last for three years after the termination of the Contract.

Article 18 (Personal Information)

1. Rococo shall manage and handle personal information obtained in connection with the provision of the Services in accordance with the Privacy Policy (https://www.rococo.co.jp/en/privacy/) and "Handling of Personal Information" as set forth separately by Rococo.
2. Creator Members shall comply with the provisions of the following items when handling personal information.
   1. Shall manage personal information with the care of a good manager and shall not, without obtaining a written consent of the specific individual identifiable by the personal information ( the "Principal"), use it for purposes other than for the user support pursuant to the Article 9 (the "Purpose") or shall not disclose or divulge it to a third party or allow a third party to use it.
   2. Shall not copy or reproduce personal information except as necessary for the Purpose.
   3. Shall take necessary measures to performance the obligations stipulated in the preceding two items, and shall comply with any guidances or instructions of Rococo with respect to such measures.
   4. Shall report to Rococo of the status of the use and management of personal information upon request by Rococo any time after the occurrence of the business involving the handling of personal information.
   5. Shall permit Rococo to inspect Creator Members' control of personal information by entering into the Creator Member's premises to a reasonable extent and in a reasonable manner with a prior notice if Rococo determines it necessary.
   6. In the event that any personal information is used or disclosed or leaked to a third party in violation of the provisions of the Item 1 or 2, the Creator Member shall promptly notify Rococo to that effect and take action in accordance with the instructions of Rococo.
   7. In the event that Rococo or Principal suffer any damage caused by any accidents such as the use of personal information for purposes other than the Purpose, disclosure to a third party, leakage, loss, or falsification, Creator Members shall compensate for such damage.
   8. Shall delete personal information immediately upon termination of the user support under Article 9 or upon a request by the Principal to delete it.
   9. Creator Members’ obligations set forth in this Article shall survive the termination of the Contract.

Article 19 (Damages and Indemnification)

1. Rococo makes no warranty or is not liable for accuracy, suitability and usefulness of the information provided by Rococo through the Site and the Services.
2. Rococo shall not be liable for any damage suffered by Creator Members as a result of the use or failure to use the Site and the Services; provided, however, that in the event such damage is caused by the willful act or gross negligence of Rococo, Rococo shall compensate for the ordinary damage incurred by the Creator Member.
3. In the event that Rococo suffer any damage caused by reasons attributable to a Creator Member with regard to the use of the Site or the Services, the Creator Member shall compensate for any and all damages incurred by Rococo.
4. Notwithstanding the provisions of the preceding two paragraphs, Creator Members and Rococo shall be exempt from any liability for any damage to the other party due to delay in performance or failure to perform which are attributable to war, riot, strike, fire, accident, infectious disease, earthquake, wind and flood damage, or other force majeure events; provided, however, that this shall not apply to the performance of monetary obligations.
5. Rococo shall make its utmost efforts to store Contents, Description Information, and information concerning Fan Club Members; provided, however, Creator Members shall acknowledges in advance that such data may be lost due to failure of the System or communication lines and shall take necessary measures such as back-up. Rococo shall not be liable for any damage suffered by Creator Members as a result of the loss of such data.
6. Rococo does not guarantee the security or confidentiality of any information transmitted or received by Creator Members via the System even if the information has been encrypted.
7. In the event that a Creator Member is unable to use the Site and/or the Services, in whole or in part, due to reasons not attributable to Rococo, such as server downs and restrictions on use or changes in specifications for services provided by a third party in conjunction with the Site or the Services (such as Twitter), Rococo shall not be liable for such event.

Article 20 (No Assignment)

Creator Members shall not transfer or provide as security to any third party the status or any rights or obligations under the Contract.

Article 21 (Severability)

1. If any provision of the Terms or any part thereof is held invalid or unenforceable under law, the remaining provisions of the Terms and the remainder of the provisions which have been held invalid or unenforceable in part shall remain in full force and effect.
2. The Terms shall remain in full force and effect with respect to other Creator Members even if a portion of the provisions of the Terms is found to be invalid or unenforceable or is cancelled with respect to a Creator Member.

Article 22 (Governing Law and Jurisdiction)

The Contract shall be governed by the laws of Japan, and any dispute arising between a Creator Member and Rococo concerning the Contract shall be brought for the first instance to the Tokyo District Court as the court of exclusive jurisdiction.

Article 23 (Consultation)

Any matters not stipulated in the Contract or any doubts regarding the interpretation of the Terms shall be settled after due consultation between the Creator Member and Rococo in good faith.

Article 1 (Purpose)

1. These Terms of Service for Fans’ Fan (the "Terms") shall apply to the contract (the “Contract”) regarding use of the fan club site ("Fan Club Site") of a creator (the "Creator") operated by Rococo Co. Ltd. ("Rococo") and various services ("Fan Club") provided through Fan Club Site.
2. Users of Fan Club Site and Fan Club ("Fan Members") shall be deemed to have agreed to the Terms upon registration on Fan Club Site or the ID (as defined in Article 3) of Fan Club.
3. Rococo may post on Fan Club Site notes and other separate rules pertaining to the Terms in relation to Fan Club (collectively, "Separate Terms"). Separate Terms constitute a part of the Terms. In the event of any inconsistency between the Terms and Separate Terms, Separate Terms shall prevail.
4. Rococo may amend the Terms at any time without a prior notice to or an approval by Fan Members in the case of any of the following items. In such case, the amended Terms shall become effective upon having uploaded to Fan Club Site. The use of Fan Club Site and Fan Club shall be governed by the such amended Terms.
   1. In cases where it conforms to the common interests of Fan Members.
   2. Other than as stated in (1) above, in cases where amending the Terms is reasonable in light of changes in laws and regulations, economic conditions, business status, or other circumstances.

Article 2 (Fan Club)

1. Fan Club is various services aimed at communication between Creators and Fan Members or among Fan Members. Fan Members who logs in to Fan Club Site by the ID as set forth in Article 3 or an external ID may use the services as set forth in the following items.
   1. Inform latest information in respect Creators.
   2. Access to limited pages.
   3. Other services separately set forth by Rococo.
2. In the event that a dispute arises between Fan Member and a third party in connection with the use of the Fan Club, the Fan Member shall settle the dispute at his own liability and expense and shall not cause any damage to Rococo.
3. Rococo provides the Fan Club which Rococo is able to provide at that time. Rococo may add or change all or part of Fan Club without a prior notice to Fan Members.
4. Rococo shall not be liable for any damage suffered by a Fan Member due to any change in the Fan Club as set forth in the preceding paragraph.

Article 3 (ID)

1. When using Fan Club, Fan Members shall register the information (the “ID”) to identify the Fan Member as separately set forth by Rococo and shall be liable for careful handling of the ID.
2. Fan Member shall be liable by himself for damage due to inadequate management or inappropriate use of ID or use thereof by a third party. In the event of any damage caused by such reason and suffered by Rococo or a third party, the Fan Member shall compensate for such damage and Rococo shall not be liable for any such damage.
3. Fan Members shall, if they discover that their ID is being used unlawfully by a third party, immediately notify Rococo and follow its instructions.
4. Rococo shall not be liable for any disadvantage such as inability to use Fan Club due to Fan Members’ failure to give such notice.
5. Minors under the age of 13 are prohibited to register ID. A minor who wish to register their ID shall do so after obtaining a prior consent of their legal representative such as the parental authority. Rococo may request to submit a written proof of the consent of their legal representative separately to a person who appears to be a minor; provided, however, that the use of Fan Club may be restricted even if confirmed by such written proof.
6. Rococo may reject or withhold a registration of ID made by a minor without a consent of the legal representative and, in the event it is found after the approval of registration that the minor made the application without a consent of the legal representative, may take such measures as suspending their use of Fan Club in accordance with Article 6(3). Fan Members shall not make any objection to the decision by Rococo.

Article 4 (Fees)

1. Fan Members shall pay, in return for the use of Fan Club Site and Fan Club, the usage fee as separately set forth by Rococo ("Fees") to Rococo in accordance with the manner designated by Rococo. The Fees shall be the basic monthly fee per one Creator and, if additional support is applicable, the amount calculated by multiplying by the number of additional support set (the "Number of Additional Support") by the basic monthly fee added.
2. Fan Members shall pay Fees for the first month at the time of ID registration. Fan Members shall pay Fees for the following month on a monthly basis.
3. In the event a Fan Member wishes to change their Number of Additional Support, the Fan Member shall implement the change procedure no later than two days prior to each payment date (excluding the payment date for the first month) ("Deadline for Changing") in accordance with the manner specified by Rococo. Unless Fan Member changes the Number of Additional Support prior to the Deadline for Changing, Fees shall be calculated based on the Number of Additional Support set as of the date of the Deadline for Changing.
4. Rococo shall not refund Fees which have already been paid for any reason whatsoever.
5. In the event Fan Member fails to pay Fees by the date set by Rococo, Fan Member shall pay to Rococo a late payment charge of 14.6% per annum.

Article 5 (Rights)

1. Copyrights and other intellectual property rights pertaining to information and other content provided through Fan Club Site and Fan Club shall belong to Rococo, Creators or a third party with legitimate rights.
2. Trademarks, logos and service marks displayed on Fan Club Site and Fan Club (collectively, "Trademarks") are trademarks of Rococo or a third party. Rococo shall not assign or license any Trademarks to Fan Member or any other third party under the Terms. Fan Members shall not exercise the right to register Trademarks with respect to unregistered Trademarks on Fan Club Site and Fan Club.
3. All rights with respect to works (including the rights set forth in Articles 27 and 28 of the Copyright Act) of all information which Fan Member post or send on/to Fan Club Site or Fan Club ("Posted Information") shall be transferred to Rococo free of charge upon posting or other means of transmissions. Fan Members agree not to exercise the moral rights of author against Rococo.
4. Rococo shall be entitled to use Posted Information for any purpose to the extent it is not contrary to laws and regulation and public order and morality. Fan Members shall hereby agree to such use of Posted Information.
5. Fan Members shall warrant that Posted Information does not infringe any of a third party's copyright or other intellectual property rights, honor, credit, privacy rights, publicity rights, portrait rights, or any other rights.
6. In the event that a dispute arises between Rococo and a third party for infringement of intellectual property rights with respect to Posted Information, Fan Members shall resolve it at his own liability and expense, and shall hold Rococo harmless.

Article 6 (Prohibition)

1. Fan Members shall not engage in any of the following acts when using Fan Club Site or Fan Club.
   1. Infringement or acts that may infringe the rights of Rococo or a third party.
   2. Slander or defamation of Rococo or a third party or undermining their reputation or credit.
   3. Collecting personal or undisclosed information of a third party without obtaining their consent or by unlawful means.
   4. Interference with communications, interception of communications, or trespass into the system for the operation of Fan Club (“System”).
   5. Making, a threatening or fraud, a violent act or an unfair claim beyond legal liability by themselves or through a third party.
   6. Acts that may adversely affect minors' personality development.
   7. Using Fan Club (including Description Information) for profit-making purposes without a prior consent of Rococo.
   8. Act of pretending to be Rococo or another user of Fan Club.
   9. Interference the operation of Fan Club.
   10. Acts that may impose burdens on the system of Fan Club beyond the normal scope such as performing unauthorized access programs and server attacks, or that may interfere with the operation of Fan Club or the network system.
   11. Transmitting or posting harmful computer programs such as viruses.
   12. Violation the public order and morality, laws and regulations, treaties, or relevant guidelines.
   13. Providing benefits and other cooperative conducts to anti-social forces.
   14. Acts which Rococo determines inappropriate.
2. Fan Members shall not post or otherwise send in Fan Club any information that falls under any of the following items.
   1. Those which violate the Terms.
   2. Those which may violate the CITES Treaty, the Antique Dealings Act and other relevant laws and regulations, government guidelines, or the public order and morality.
   3. Those which are related to politics/elections concerning a certain organization or individual.
   4. Those which lead to the solicitation or propagation of a certain religious group.
   5. Those which are related to political/religious beliefs such as opinion or religious advertisements.
   6. Those which lead to the invitation to pyramid finance, multi-level marketing, chain-mailing.
   7. Those which are ugly, cruel, or odd and may make people feel uncomfortable.
   8. Those which are with high indecency.
   9. Those which may permit or promote discrimination.
   10. Those which are related to anti-social forces.
   11. Those which induce or facilitate crimes, suicides, acts of self-injuries or drug abuses.
   12. Those which contain intentionally false expressions.
   13. Those which Rococo determines unsuitable.
3. In the event that a Fan Member is found to have breached the Paragraph 1 or 2 of this Article, Rococo shall be entitled to take actions without a prior notice to the Fan Member, including deleting Posted Information of the Fan Member, correcting the violation and suspending the use of Fan Club, without being held liable to the Fan Member for such action.
4. In the event that Rococo determines that a Fan Member may breach the Paragraph 1 or 2 of this Article, Rococo shall be entitled to inquire with the Fan Member about the matters necessary to confirm the facts and to conduct other necessary investigations. The Fan Member shall be obliged to cooperate with said inquiries and investigations. If the Fan Member fails to present the references and materials necessary for such investigation, Rococo may take the same measures as in the preceding paragraph without being held liable to the Fan Member for such action.
5. In the event that a Fan Member breaches the Paragraph 1 or 2 of this Article and Rococo or a third party suffer any damage caused by reasons attributable to the Fan Member, the Fan Member shall compensate for such damage. In the event that a third party or other Fan Member pursues liability of Rococo, the Fan Member shall resolve this at his/her own liability and expense and shall hold Rococo harmless.
6. Fan Members shall not, without permission by right holder, use any information provided through Fan Club Site or Fan Club beyond the scope of copyright limitations for private use. permitted under the Copyright Act. In the event a problem occurs after the Fan Member breaches the provision of this paragraph, the Fan Member shall resolve this at his own liability and expense, and shall hold Rococo harmless.

Article 7 (Suspension and Termination of Fan Club Site and Fan Club)

1. Rococo shall be entitled to suspend the provision of all or part of the Fan Club Site and the Fan Club without prior notice to the Fan Members in the occurrence of any of the following events:
   1. In the event it becomes difficult to operate the Fan Club Site and provide the Fan Club due to a natural disaster or other force majeure.
   2. Maintenance and/or adjustments indispensable for the maintenance of the System.
   3. Unexpected failure or the like in the System.
   4. Concentrated load on the System due to excessive access or other unforeseen factors.
   5. Rococo determines it necessary for the operation of the Fan Club Site and the Fan Club.
2. Notwithstanding the provisions of the preceding paragraph, Rococo shall, to the extent practicable, notify the Fan Members in advance of the suspension of the provision of the Fan Club Site/the Fan Club. Provided, however, that in the event Rococo determines that it is unavoidable due to urgency, it shall be sufficient to notify Fan Members immediately after the temporary suspension.
3. Rococo may terminate the provision of the Fan Club Site and the Fan Club by giving prior notice to the fan members.
4. Rococo shall not be liable for any damage incurred by the Fan Member as a result of the temporary suspension or termination of the provision of the Fan Club Site/the Fan Club in accordance with this Article.

Article 8 (Damages and Indemnification)

1. Rococo makes no warranty or is not liable for accuracy, suitability and usefulness of Fan Club Site and Fan Club.
2. Rococo shall not be liable for any damage suffered by Fan Members as a result of the use or failure to use Fan Club Site or Fan Club; unless such damage is caused by the willful act or gross negligence of Rococo.
3. In the event that Rococo suffers any damage caused by reasons attributable to a Fan Member with regard to the use of Fan Club, the Fan Member shall compensate for any and all damages incurred by Rococo.
4. Notwithstanding the provisions of the preceding two paragraphs, Fan Members and Rococo shall be exempt from any liability for any damage to the other party due to delay in performance or failure to perform which are attributable to war, riot, strike, fire, accident, infectious disease, earthquake, wind and flood damage, or other force majeure events; provided, however, that this shall not apply to the performance of monetary obligations.
5. Rococo shall make efforts to the extent permitted under the circumstances to store such data as user logs and Posted Information of Fan Members. Fan Members shall acknowledge in advance that such data may be lost due to failure of the System or communication lines. Rococo shall not be liable for any damage suffered by Fan Members as a result of such event.
6. Rococo does not guarantee the security or confidentiality of any information transmitted or received via communication lines when Fan Member uses Fan Club Site or Fan Club even if the information has been encrypted.
7. In the event that a Fan Member is unable to use the Site and/or the Services, in whole or in part, due to reasons not attributable to Rococo, such as server downs and restrictions on use or changes in specifications for services provided by a third party in conjunction with the Site or the Services (such as Twitter), Rococo shall not be liable for such event.

Article 9 (Advertisement)

1. Fan Members shall hereby agree in advance that advertisement of Rococo or its partners regarding Fan Club will be displayed on Fan Club Site and Fan Club.
2. Rococo shall not be liable whatsoever to Fan Members for advertisements displayed on Fan Club Site and Fan Club.

Article 10 (No Assignment)

Fan Members shall not transfer or provide as security to any third party the status or any rights or obligations under the Contract.

Article 11 (Severability)

1. If any provision of the Terms or any part thereof is held invalid or unenforceable under law, the remaining provisions of the Terms and the remainder of the provisions which have been held invalid or unenforceable in part shall remain in full force and effect.
2. The Terms shall remain in full force and effect with respect to other Fan Members even if a portion of the provisions of the Terms is found to be invalid or unenforceable or is cancelled with respect to a Fan Member.

Article 12 (Governing Law and Jurisdiction)

The Terms shall be governed by the laws of Japan, and any litigation arising between Fan Member and Rococo concerning the Terms shall be brought for the first instance to the Tokyo District Court as the court of exclusive jurisdiction.

Article 13 (Consultation)

Any matters not stipulated in the Terms or any doubts regarding the interpretation of the Terms shall be settled after due consultation between the Fan Member and Rococo in good faith.