Faith, Inc. ("Faith") hereby sets forth the following Terms of Service for Fans' Creator Member (the "Terms”) with respect to the use of the "Fans’" service provided by Faith.
Article 1 (Definitions)
Terms used in these Terms are defined as follows:
(1) "Service" means the "Fans’" service operated by Faith and shall refer to the following services collectively:
i. Support for the construction and operation of Fan Community Sites
ii. Operational monitoring, maintenance and support for the System
iii. Collection of the Fan Community Membership Fees and distribution of Revenue to the Creator Members
iv. 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 Faith 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 Faith.
(4) "Fan Community 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 Community 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 Community Site.
(7) "Fan Community" means a community membership organization for fans of a Creator Member, consisting of paid members recruited by such Creator Member ("Fan Community Members").
(8) "Fan Community Membership Fee" means the fees paid by Fan Community Members for the use of Fan Community Site and Fan Community. Fan Community Membership Fee shall include, not only the fixed and monthly basis amount to be paid in return for the use of Fan Community Site and Fan Community, the expenses incurred by Fan Community 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 Faith for the purpose of providing the Services.
(11) "User" means collectively visitors to Fan Community Site, viewers of Information Content and Digital Content, and Fan Community Members.
(12) "Collection Agent" means Stripe Japan Co., Ltd., which is entrusted by Faith to collect various charges for the Services such as Fan Community Membership Fee.
(13) "Collection Agent Fee" means the fees paid by Faith 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 Faith.
2. Faith shall conduct an examination whether to approve the application by Creator Members based on the Application Form. The Contract shall become effective when Faith approves the application to the Creator Member after the said examination. The Terms and the statement in the Application Form constitutes the Contract.
3. Faith, 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 Faith 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 Faith:
(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 Faith in the past;
(4) Faith 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. Faith 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 Faith.
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 Faith to that effect by attaching a document certifying the fact of such change. Faith 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. Faith 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 Faith.
Article 3 (Notice)
1. A notice by Faith to Creator Members will be made in such reasonable manner as Faith determines appropriate to its content, including displaying on the Site, publications and e-mails.
2. A notice by Faith through e-mail shall be deemed to have been completed once it is dispatched to the e-mail address provided on the Application Form. Faith 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. Faith 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 Faith 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 Faith 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 Faith and follow its instructions. Faith 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 Faith 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 Faith 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 Faith 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 Faith or any third party licensed by Faith or cause any other right holder to exercise such rights.
4. Faith 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 Faith determines that a Content is inappropriate based on its reasonable discretion, Faith 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 Faith, 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 Faith pursuant to the provisions of this Article. Creator Members shall notify Faith in advance and follow the prescribed procedures when conducting such acts as stipulated in this paragraph.
Article 6 (Fan Community)
1. Faith shall provide to Creator Members the functions set forth in the following items ("Fan Community Functions"):
(1) Function to generate pages which can be viewed by Fan Community 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 Community
(4) Other functions incidental to any of the above items
2. Faith provides the Fan Community Functions which Faith is able to provide at that time. Faith may add or change all or part of the Fan Community Functions without a prior notice to Creator Members and Fan Community Members.
3. Faith shall not be liable for any damage suffered by Creator Members or Fan Community Members due to any change in Fan Community Functions as set forth in the preceding paragraph.
4. Faith may suspend or discontinue the provision of all or part of Fan Community Functions without a prior notice to Creator Members or Fan Community Members due to unavoidable circumstances.
5. Faith shall not be liable for any damage suffered by Creator Members or Fan Community Members due to suspension or discontinuation of Fan Community 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 Faith.
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 Faith shall not be liable for such dispute.
4. Faith may delete Description Information from the Site or Fan Community Site in the event that the Description Information violates the Terms or Faith determines that the Description Information is inappropriate based on its reasonable discretion. Faith shall not be liable to the Creator Member for such deletion.
5. Faith 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 Faith of such cancellation or discontinuation and shall follow the instructions of Faith.
Article 8 (Monitoring and maintenance of the System)
1. Faith 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 Faith and Creator Members as being necessary to use the Services.
2. Faith 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 Faith 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) Faith determines it necessary for the operation of the Services.
3. Faith 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 Community, 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 Faith, the Creator Member shall promptly notify Faith of the details thereof and Faith 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 Faith or a third party.
(2) Slander or defamation of Faith 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 Community (including Description Information) for profit-making purposes without a prior consent of Faith.
(8) Act of pretending to be Faith or another User or another Creator Member.
(9) Interference the operation of Fan Community.
(10) Acts that may impose burdens on the system of Fan Community beyond the normal scope such as performing unauthorized access programs and server attacks, or that may interfere with the operation of Fan Community 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 Faith 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 Faith determines unsuitable.
3. In the event that a Creator Member is found to have breached the Paragraph 1 or 2 of this Article, Faith 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 Community Site, without being held liable to the Creator Member for such action.
4. In the event that Faith determines that a Creator Member may breach the Paragraph 1 or 2 of this Article, Faith 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, Faith 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 Faith 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 Faith, the Creator Member shall resolve this at his/her own liability and expense and shall hold Faith 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 Faith (collectively, "Incomplete Performance"), Creator Members may request Faith 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, Faith 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 Faith 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 Faith 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 Faith harmless.
2. Notwithstanding the provisions of the preceding paragraph, if Claim arises from a cause attributable to Faith, Faith 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 Faith or a third party from whom Faith is licensed to use. Creator Members shall not use Trademarks without a prior written consent of Faith.
Article 13 (Subcontract)
Faith 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 amount to be paid by Faith to a Creator Member ("Creator Revenue") shall be the basic monthly amount of 210 yen (including consumption tax) per one Fan Community Member and, if additional support is applicable, the amount calculated by multiplying 210 yen (including consumption tax) by the number of additional support set by the Fan Community Member added.
2. The fee for the Services shall be 120 yen (including consumption tax) per one Fan Community Member and, if additional support is applicable, the amount calculated by multiplying 120 yen (including consumption tax) by the number of additional support set by the Fan Community Member added. Such fee shall be deemed to have been paid when Creator Revenue is paid from Collection Agent to the Creator Member.
3. Faith shall collect Fan Community Member Fee from Fan Community Members through Collection Agent and pay Creator Revenue as stipulated in the Paragraph 1 to Creator Members. No interest shall accrue on Fan Community Member Fee during the period from the collection of Fan Community Membership Fee by Faith until the payment to the Creator Member. Faith shall bear the fees for Collection Agent.
4. Creator Members shall open an account of the online payment service "Stripe Payments" ("Stripe Account") operated by Collection Agent promptly after the conclusion of the Contract. Collection Agent shall pay Creator Revenue as set forth in the preceding paragraph by depositing into Stripe Account of the Creator Member.
5. Faith shall not be liable for any delay in payment by Faith 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 by the date designated by Faith.
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 Faith.
Article 16 (Termination by Faith)
In the event that a Creator Member falls under any of the following items, Faith 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 Faith 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) Faith determines, based on reasonable grounds, that a Creator Member is inappropriate as the counterparty to the Contract.
Article 17 (Confidentiality)
1. Creator Members and Faith (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. Faith shall manage and handle personal information obtained in connection with the provision of the Services in accordance with the Privacy Policy (http://www.faith.co.jp/utility/privacy.html) and "Privacy Policy for Fans’" (http://...) as set forth separately by Faith, which shall be posted at the following URL: http...
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 Faith with respect to such measures.
(4) Shall report to Faith of the status of the use and management of personal information upon request by Faith any time after the occurrence of the business involving the handling of personal information.
(5) Shall permit Faith 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 Faith 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 Faith to that effect and take action in accordance with the instructions of Faith.
(7) In the event that Faith 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. Faith makes no warranty or is not liable for accuracy, suitability and usefulness of the information provided by Faith through the Site and the Services.
2. Faith 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 Faith, Faith shall compensate for the ordinary damage incurred by the Creator Member.
3. In the event that Faith 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 Faith.
4. Notwithstanding the provisions of the preceding two paragraphs, Creator Members and Faith 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. Faith shall make its utmost efforts to store Contents, Description Information, and information concerning Fan Community 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. Faith shall not be liable for any damage suffered by Creator Members as a result of the loss of such data.
6. Faith 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 Faith, 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), Faith 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.
Section 22 (Governing Law and Jurisdiction)
The Contract shall be governed by the laws of Japan, and any dispute arising between a Creator Member and Faith 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 Faith in good faith.
Established and implemented on April 24, 2019
Revised on August 30, 2019
Revised on December 6, 2019
Revised on January 22, 2020
Revised on March 4, 2020
Terms of Service for Fans' Fan
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 community site ("Fan Community Site") of a creator (the "Creator") operated by Faith, Inc. ("Faith") and various services ("Fan Community") provided through Fan Community Site.
2. Users of Fan Community Site and Fan Community ("Fan Members") shall be deemed to have agreed to the Terms upon registration on Fan Community Site or the ID (as defined in Article 3) of Fan Community.
3. Faith may post on Fan Community Site notes and other separate rules pertaining to the Terms in relation to Fan Community (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. Faith 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 Community Site. The use of Fan Community Site and Fan Community 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 Community)
1. Fan Community is various services aimed at communication between Creators and Fan Members or among Fan Members. Fan Members who logs in to Fan Community 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 Faith.
2. In the event that a dispute arises between Fan Member and a third party in connection with the use of the Fan Community, the Fan Member shall settle the dispute at his own liability and expense and shall not cause any damage to Faith.
3. Faith provides the Fan Community which Faith is able to provide at that time. Faith may add or change all or part of Fan Community without a prior notice to Fan Members.
4. Faith shall not be liable for any damage suffered by a Fan Member due to any change in the Fan Community as set forth in the preceding paragraph.
Article 3 (ID)
1. When using Fan Community, Fan Members shall register the information (the “ID”) to identify the Fan Member as separately set forth by Faith 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 Faith or a third party, the Fan Member shall compensate for such damage and Faith 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 Faith and follow its instructions.
4. Faith shall not be liable for any disadvantage such as inability to use Fan Community 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. Faith 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 Community may be restricted even if confirmed by such written proof.
6. Faith 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 Community in accordance with Article 6(3). Fan Members shall not make any objection to the decision by Faith.
Article 4 (Fees)
1. Fan Members shall pay, in return for the use of Fan Community Site and Fan Community, the usage fee ("Fees") to Faith in accordance with the manner designated by Faith. The Fees shall be the basic monthly fee of 300 yen (plus tax) per one Creator and, if additional support is applicable, the amount calculated by multiplying 300 yen (plus tax) by the number of additional support set (the "Number of Additional Support") by Fan Members 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 Faith. 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. Faith 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 Faith, Fan Member shall pay to Faith 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 Community Site and Fan Community shall belong to Faith, Creators or a third party with legitimate rights.
2. Trademarks, logos and service marks displayed on Fan Community Site and Fan Community (collectively, "Trademarks") are trademarks of Faith or a third party. Faith 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 Community Site and Fan Community.
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 Community Site or Fan Community ("Posted Information") shall be transferred to Faith free of charge upon posting or other means of transmissions. Fan Members agree not to exercise the moral rights of author against Faith.
4. Faith 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 Faith 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 Faith harmless.
Article 6 (Prohibition)
1. Fan Members shall not engage in any of the following acts when using Fan Community Site or Fan Community.
(1) Infringement or acts that may infringe the rights of Faith or a third party.
(2) Slander or defamation of Faith 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 Community (“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 Community (including Description Information) for profit-making purposes without a prior consent of Faith.
(8) Act of pretending to be Faith or another user of Fan Community.
(9) Interference the operation of Fan Community.
(10) Acts that may impose burdens on the system of Fan Community beyond the normal scope such as performing unauthorized access programs and server attacks, or that may interfere with the operation of Fan Community 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 Faith determines inappropriate.
2. Fan Members shall not post or otherwise send in Fan Community 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 Faith determines unsuitable.
3. In the event that a Fan Member is found to have breached the Paragraph 1 or 2 of this Article, Faith 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 Community, without being held liable to the Fan Member for such action.
4. In the event that Faith determines that a Fan Member may breach the Paragraph 1 or 2 of this Article, Faith 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, Faith 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 Faith 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 Faith, the Fan Member shall resolve this at his/her own liability and expense and shall hold Faith harmless.
6. Fan Members shall not, without permission by right holder, use any information provided through Fan Community Site or Fan Community 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 Faith harmless.
Article 7 (Suspension and Termination of Fan Community Site and Fan Community)
1. Faith shall be entitled to suspend the provision of all or part of the Fan Community Site and the Fan Community 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 Community Site and provide the Fan Community 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) Faith determines it necessary for the operation of the Fan Community Site and the Fan Community.
2. Notwithstanding the provisions of the preceding paragraph, Faith shall, to the extent practicable, notify the Fan Members in advance of the suspension of the provision of the Fan Community Site/the Fan Community. Provided, however, that in the event Faith determines that it is unavoidable due to urgency, it shall be sufficient to notify Fan Members immediately after the temporary suspension.
3. Faith may terminate the provision of the Fan Community Site and the Fan Community by giving prior notice to the fan members.
4. Faith 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 Community Site/the Fan Community in accordance with this Article.
Article 8 (Damages and Indemnification)
1. Faith makes no warranty or is not liable for accuracy, suitability and usefulness of Fan Community Site and Fan Community.
2. Faith shall not be liable for any damage suffered by Fan Members as a result of the use or failure to use Fan Community Site or Fan Community; unless such damage is caused by the willful act or gross negligence of Faith.
3. In the event that Faith suffers any damage caused by reasons attributable to a Fan Member with regard to the use of Fan Community, the Fan Member shall compensate for any and all damages incurred by Faith.
4. Notwithstanding the provisions of the preceding two paragraphs, Fan Members and Faith 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. Faith 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. Faith shall not be liable for any damage suffered by Fan Members as a result of such event.
6. Faith does not guarantee the security or confidentiality of any information transmitted or received via communication lines when Fan Member uses Fan Community Site or Fan Community 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 Faith, 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), Faith shall not be liable for such event.
Article 9 (Advertisement)
1. Fan Members shall hereby agree in advance that advertisement of Faith or its partners regarding Fan Community will be displayed on Fan Community Site and Fan Community.
2. Faith shall not be liable whatsoever to Fan Members for advertisements displayed on Fan Community Site and Fan Community.
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 Faith 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 Faith in good faith.
Established on April 24, 2019
Revised on August 30, 2019
Revised on December 6, 2019
Revised on January 22, 2020
Revised on March 4, 2020