Disclaimer: This document was translated into English (US) from its original version in Japanese. If there is any conflict of understanding due to the translation of this document, the Japanese version shall take precedence over the English version.
1. “ID Service” refers to the service in which the Company gives the User an individual ID (LOVERS ID) to use the service (hereinafter referred to as the “Specific Service”) which the Company designates from other services provided by the Company. The ID service makes it possible for the User to use the Specific Service operated by the Company in a cross-sectional way with a single ID or original ID without re-registering information of the User.
2. “User” refers to a person or party that accesses the websites that provide the ID Service and the Specific Service (hereinafter referred to collectively as the “Services”).
3. “Registration Information” refers to all information that persons wishing for ID registration, the Users provide to the Company for the purpose of receiving the Services.
4. “Personal Information” refers to, among Registered Information to add using pay services, information that can identify the specific individual (including such information as will allow easy reference to other information and will thereby enable the identification of the specific individual).
4. The Company may notify the User of information about the Services by email or through notification on the website.
1. The User shall agree to provide the Company with certain information as specified by the Company to obtain the ID.
2. To obtain the ID, the User shall register his/her/its true and accurate information. If a change in personal information occurs, the User shall promptly change the Registration Information, in the manner prescribed by the Company. In addition, the Company will not be liable for damages suffered by the User, resulting from unregistered change of Registered Information.
3. The company reserves the right to refuse to provide an ID for any User in the event that:
(1) Any or all of the Registration Information provided by the User to the Company is not true and accurate;
(2) The Registration Information provided is not that of the registrant himself;
(3) The Registration Information pertaining to means of settlement cannot be confirmed or validated;
(5) The User is a juridical person instead of being a natural person;
(6) The User is already possessing a LOVERS ID;
(7) The purpose of the User using the service was figured that is not for the User’s individual entertaining.
1. The Company provides the User with the ID Service for free. However, the User shall bear the costs and fees for any telecommunication equipment, Internet service provider, construction and maintenance of telecommunication equipment, and Internet service to connect to the computer network.
2. The User can check the usage fees for Specific Service on the website of those services, and so on.
5. ID and Password Management
1. The User shall be responsible for keeping and maintaining the User’s password and ID for the Services in an appropriate manner and shall be careful not to have either password or ID stolen or leaked.
2. In the case that the Services provided by the Company are purchased or used by entering the User’s ID and password, the User himself is deemed to have purchased or used the Services, except for any reasons that should fall under the responsibility of the Company.
1. Of the User’s desire to use GACKT official fan club “G&LOVERS” membership service (hereinafter referred to as the “G&LOVERS Membership”) as one of the Specific Service, the User, at the time of membership entrance and the renewal of the G&LOVERS Membership with the method settled in Article 8 paragraph 2, shall pay the Entrance Fee and the Annual Membership Fee (hereinafter referred to as the “the Fees”) settled as following in annual bulk upon following the payment method that Company determines separately.
(1) Entrance Fee: JPY 1,018 (tax included, demanded only at the time of membership entrance);
(2) Annual Membership Fee: JPY 6,111 (tax included).
2. One (1) capacity of G&LOVERS Membership is only available for one (1) User. One (1) User shall not possess several G&LOVERS Membership capacities.
3. The User can withdraw the G&LOVERS Membership at any time of its desire following the procedures determined separately by the Company. In such case, the User shall note that the Fees that the User already paid will not be refunded.
7. Membership special gifts.
1. The User possessing G&LOVERS Membership may get following Membership special gifts. Furthermore the User shall note that the contents of the Membership special gifts may be changed, added or deleted upon the announcement to the User that possessing G&LOVERS Membership.
(1) Entrance special gifts: Commemorative card with GACKT’s signature on (Available only in the first year);
(2) G&LOVERS original membership card and the right of access to the fan club limited website (ID & PW will be issued);
(3) The right of browsing the WEB contents and digital membership magazines (twelve (12) times annually);
(4) Booking the concert tickets in advance (lottery when oversubscribed);
(5) Booking the premium seat in advance (lottery when oversubscribed);
(6) Participation to the member-limited events (lottery when oversubscribed);
(7) Viewing the open television program (lottery or first-come-first-served basis);
(8) Greeting Card and the mail magazine with the member-limited contents;
(9) The right to purchase G&LOVERS original goods;
(10) Membership renewal special gifts.
2. Regarding the special gifts settled in (4)~(7) in the preceding paragraph, it is possible that the User cannot participate in the ticket booking or the member-limited event due to the lottery. Also, not all concerts and events will be applied to the special gifts settled above. Please note in advance.
3. Company (including but not limited to Company’s business partners or outsourcers) may demand the User to present its membership card or identity card with photos on, therefore upon participating in concerts or events the User shall carry the membership card and identity card on and present them when requested. The participation may be rejected or the exit may be demanded when the User doesn’t comply such requests. In such case, the User shall note that Company will in no case be responsible for refunding the ticket fee or any other relative fees.
4. The User shall be reliable for the cost of reissuing the membership card except the case when the Company is responsible for the damage of the membership card when it is sent to the User the first time. The User shall follow the procedures determined separately by the Company in the case of reissue when there is damage in the membership card or the change of User’s name.
8. Valid period of Membership
1. The Valid period of G&LOVERS Membership (hereinafter referred to as the “Valid Period”) is one (1) year. The beginning of the Valid Period shall differ according to the payment method, so the User shall check before making the payment.
2. In case when the User decides to renew the Valid Period, the User shall make the payment of the Annual Membership Fee for the next year following the payment method determined by the Company separately one (1) month before the expiration of the Valid Period. The Valid Period will be extended for one (1) year from the next day of the expired day of the current Valid Period, once the payment gets confirmed by the Company.
3. In case when the payment is not confirmed one (1) month before the expiration of the Valid Period, if the User makes the payment of the Annual Membership Fee for the next year within the period from the first day of the next month to the last day of the month after the next month of the expiration of the Valid Period and the payment gets confirmed by the Company, the Membership will be extended for one (1) more year with the former Membership profile. In such case, the beginning date of the one-year Valid Period will still be the next day of the expired day of the former Valid Period, and the Membership special gifts will be delivered after the confirmation of the payment by the Company.
4. The User will be deemed to withdraw the membership by the Company in case the payment cannot be confirmed within the payment period settled in paragraph 2, 3.
5. The company shall inform the User about the renewal of the membership 30 days before the expiration of the membership. The User shall renew the membership following the procedures of the renewal informed by the Company.
9. User’s Personal Information
1. The Company may use the Personal information (including, but not limited to name, address and e-mail address), which the User provided to the Company, as follows.
(1) to provide Services, guidance or response to inquiries relating to the Services;
(2) to provide guidance or introduction of the services and goods offered by the Company (including, but not limited to sending e-mails) or request to participate in surveys and questionnaires;
(3) to analyze the utilization of the Services, including, but not limited to User demographics.
The Company shall not use the User’s Personal Information outside the scope of the above except when the Company obtains individual User consent. Additionally, the Company is also entitled to disclose the User's Personal Information pursuant to the Act on the Protection of Personal Information or other applicable laws and regulations.
(1) Required by the Act on the Protection of Personal Information or other applicable laws and regulations;
(2) The Company receives a request for disclosure from a person or party that has legal authority;
(3) The Company recovers or protects the rights of the Company and the third party against imminent and unlawful infringement;
(4) The Company deems the need to disclose the User’s Personal Information to a person or company entrusted with operations in the course of business of operating the Services; and
(5) The User’s Personal Information is provided through a transfer of operations of the services to the third party by way of a business transfer or other similar transactions.
3. The Company may jointly use the User’s Personal Information as follows:
(1) Party to Jointly Use the User’s Personal Information:
(2) Items of the User’s Personal Information to be Jointly Used:
name, address, telephone number, e-mail address, date of birth, other information provided by the User, usage history of the Services, and the information that the Company obtained from the third party in a manner that is legitimate and appropriate.
(3) Purposes of Joint Use:
Same as in paragraph 1 in this article.
(4) Name of Party Responsible for the User’s Personal Information:
Name: SKIYAKI Inc.
HUMAX-SHIBUYA-BUILDING 3F, 1-14-6 Dogenzaka, Shibuya-ku, Tokyo, Japan (Postal Code: 150-0043)
1. The User shall not assign, lend or let a third party use his ID.
2. The ID Service is the service for the User to use the Specific Service as one’s own. The User shall not use the ID Service for the purpose of obtaining profit or other commercial purposes.
When the User inquires about the Service of the Company, the User shall follow the procedure that the Company specifies in the Specific Service. The Company will not respond to inquiries that are sent in any other way. Further, there are some inquiries that the Company may not respond to individually depending on the contents.
12. Prohibited Matters
User shall be prohibited from conducting the following acts within the Specific Service. The Company shall be entitled to suspend providing any sort of services for the ID holder, or to delete the Registration Information of User ID when the User should conduct any of the following acts or any act that the Company determines applicable to any of the following. In this case, if the User has multiple User IDs, the Company may suspend and delete all of the User IDs that the User, who conducts any of the following acts or any act that the Company determines falls under any of the following. In addition, in the event damages are incurred by the Company or 〇〇〇 due to violation by User, the Company may claim damages in some cases:
(2) Acts that violate any laws or regulations (regardless of the name by which such social rules may be called), acts that violate public order and morality, acts that are apprehended to violate these social rules, or acts that solicit or invite violation of these social rules;
(3) Acts that infringe on the rights, including but not limited to Personal rights, including Publicity and Privacy rights, and Intellectual Property rights, including copyrights, of other third parties including other Users;
(4) Acts that collecting and accumulating third parties’ Personal Information and acts of disclosing to the public own or third parties’ Personal Information;
(5) Acts that slander, intimidate, or browbeat the third party;
(6) Acts that cause uncomfortable feelings to the third party including, but not limited to indecent expression, discriminatory expression, violent expression, grotesque expression, or other impertinent expressions;
(7) Acts that encourage or have a possibility to encourage discrimination or abhorrence against race, ethnicity, gender, religion or other social attributes;
(8) Acts of business including, but not limited to soliciting, acts of election campaigns, political activities, religious activities including, but not limited to missionary work;
(9) Acts of sending e-mail of advertising/solicitation, etc. or e-mail that develops a feeling of disgust (including e-mail which is liable to do so) to others without permission, acts of hindering receipt of e-mail by others, acts of requesting chain e-mail forwarding or acts of forwarding in response to such request;
(10) Spoofing through impersonating the Company, its group company, an outsourcer, an artist, a contractor or the other party concerned;
(11) Acts that place an excessive burden on the network or system of the Services or acts that interrupt the usage by the other Users;
(12) Transmitting information containing harmful computer program, including computer virus, or acts of making others be in receivable state thereof;
(13) Acts of illicitly using or altering data in relation to the Services, etc;
(14) Acts that report information which is false or cause misunderstanding to the Company;
(15) Acts that threaten to interrupt the operation of the Services;
(16) Acts that defame the Services and goods of the Company;
(17) Acts of significantly interfering with operation of the Services or business of the Company through long time telephone calling, excessively repeating the same inquiries or compelling the matter without obligation or without reason;
(18) Acts that offer the third party the User’s ID or password as a loan, assignment or pledge, or acts that change the name of ID, give the third party permission to use the ID, or access the website which the Company provides for commercial purposes;
(19) Acts that sell the goods that the User obtains through the Services including, but not limited to reselling or putting up for internet auction;
(20) Acts of altering or deleting, etc. the contents or information of the Services or contents or information of other Users, etc.;
(21) Acts that use the information or works which are provided from the Services for the purpose of non-personal use, or acts that reprint or post to the public regardless of being within the network or not;
(22) Acts that acquire the data in regard to the Services illegally, or acts that disclose the data to the third party;
(23) The Company deems that the Company feels anxiety regarding the User’s credit;
(24) The User pays after the due date or defaults on charges for the goods or services which the User purchased through the Specific Service,
(25) The User waits for the artist’s entering or exiting around the places (including but not limited to broadcasting company, stations, airports, hotels) where the artist stays, especially using the taxi or motorcycle to tag along the artist (what is called stargazer); and
(26) Above set forth other acts that the Company deems to be inappropriate
13. Intellectual Property Rights
1. All of the programs, software, trademarks and trade names which configure the Services, other associated intellectual property rights and other rights incidental therein, belong to the Company or the legitimate rights holders unless otherwise indicated.
2. All of the information, which the User sees and obtains by using the Service, owns the rights to the Company or the legitimate rights holders. The information shall not be allowed to be copied, published, broadcasted (including being available transmission), or communicated to the public, and used beyond the range of private use without prior and expressed approval of the Company or the legitimate rights holders.
3. The User shall be liable to the Company for any damages incurred by the Company arising out of the information that the User provides the Company by using the Services.
14. Suspension or Discontinuation of the Services
1. The Company shall be entitled to, without any advance notice to the User, suspend or discontinue the Services by its own determination, in whole or in part in the event that:
(1) Inspection, maintenance, improvement or updates of the equipment and computer system for the Services need to be performed due to urgent circumstances or at stated periods;
(2) The Company becomes unable to provide the Services due to circumstances outside of the Company’s control, including but not limited to fire, power blackouts and other natural disasters; or
(3) The Company determines that suspension or discontinuation is required for other operational or technical reasons, or determines it difficult for the Company to provide the Services due to unforeseen circumstances.
2. Under no circumstances shall the Company be liable for any losses or damages incurred by the User or the third party, arising out of suspension or discontinuation of the Services, in whole or in part, for any reason whatsoever.
15. Warranty and Liability
1. The Company makes no representation or warranty of any kind, expressed, or implied, with respect to the Service (including but not limited to any representation or warranty that the Services have accuracy, completeness, usefulness and/or reliability).
2. The Company shall not be liable for any damages incurred by the User or the third party arising out of delay, modification, discontinuance, cancellation, suspension or termination by the Company of the Services, leaking or disclosure of information transmitted by the User to the Services, or any damages in association with the Services incurred by the User or the third party.
4. The Company or its business partners will not undertake any responsibility for damages incurred by Users, etc. or others in connection with the Services, including the delay, change, interruption, discontinuation, suspension or abolition, etc. of the Services.
5. The Company may provide the guidance of the service to the User with a limited application period. In such case the User desires to acquire the service shall apply for the service within the limited application period, and the Company shall not in any case be liable for the application made by the User which missed the deadline of the limited application period.
6. The Company will provide notices to Users by e-mail to mail addresses, which is Registered Information of Users announcement on the Company’s website relating to the Services or by other methods deemed appropriate by the Company, so please check them by themselves without fail. The Company or its business partners will not be liable for damages suffered by the User resulting from non-arrival of e-mail from the Company due to omission, mistake in Registered Information, unregistered change of Registered Information or invalidity, etc. or otherwise the User’s inability to recognize the content of the relevant notice for reasons attributable to the User.
16. Services Termination
1. The Company shall, at any time, be entitled to terminate the Services at its own discretion. Provided that the Company decides to terminate the Services, the Company shall notify the User in advance by sending an e-mail to the registered e-mail address, or shall announce in advance on the website in regard to the Services about any intended termination by the Company of the Services.
2. By going through the procedures set forth in the preceding paragraph, the Company shall not be liable for any damages incurred by the User arising out of, or in connection with, any actions taken by the Company pursuant to this Article 13, except as provided in Laws and Regulations of Japan.
3. The User shall be liable to the Company for any damages incurred by the Company arising out of the information that the User provides the Company by using the Services.
17. Modification of Terms
18. Governing Law and Severability
19. Disputes and Jurisdiction
In case any dispute arises between the Company and User in relation to the Services, it shall be settled between the Company and User after due consultation. Provided that the dispute shall not be settled after due consultation, the dispute shall be brought before the Tokyo District Court of Japan or Tokyo Summary Court for the first instance according to the jurisdictional amount.
Revised on December 9