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. except for the paragraph 1 of Article 7.
- 1. “ID Service” denotes 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 in regard to various artists in a cross-sectional way with a single ID without re-registering information of the User.
- 2. “User” denotes a person or party that accesses the websites that provide the ID Service and the Specific Service (hereinafter referred to collectively as the “Services”).
2. Matters to Be Observed
- 3. 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 (hereinafter referred to as “Registration Information”) . If a change in personal information occurs, the User shall promptly change the Registration Information, in the manner prescribed by the Company.
- 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 not a private individual, but a corporation;
- (6) The User has already had his/her LOVERS ID;
- (7) The Company deemed that the User registers his/her information in order to use the Service for any purpose other than personal use
- 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.
6. Membership Fee
- 1. The User who wants to become the member of GACKT Official Fan Club “G&LOVERS” (hereinafter referred to as “G&LOVERS Member”) which is one of the Specific Service that the Company are offering, will pay one-year portion of enrollment fee and membership fee stipulated in the below items (hereinafter referred to collectively as the “Membership Fee”) through a lump-sum payment method separately designated by the Company, upon enrollment and renewal of the term of membership qualification stipulated in the paragraph 2 through 5 of Article 8.
- (1) Enrollment fee：1,000 yen (tax included)※Only required at the time of enrollment
- (2) Annual fee：6,000 yen (tax included)
- 2. Only one G&LOVERS Membership qualification can be obtained by a single person. Same person cannot obtain multiple membership qualifications.
- 3. “G&LOVERS Member” can withdraw his/her “G&LOVERS” membership anytime in a manner prescribed by the Company. Please note that paid portion of enrollment fee and annual fee will not be refunded for such withdrawal.
7. Membership Benefit
- 1. G&LOVERS Members can receive benefits listed in the below items. Please note in advance that the Company may add/change/delete the content of benefits. When the Company decides to add/change/delete the content of benefits, the Company shall notify G&LOVERS Members in advance.
- (1) Enrollment Benefit: the commemorative card with autograph of GACKT (initial year only)
- (2) G&LOVERS original membership certificate/accessing right to the Fan Club exclusive website (issuing of ID/Password)
- (3) Access to Web newsletters（4 times a year）
- (4) Advance reservation of concert ticket (In case of too many applications, it will be decided by drawing lots.)
- (5) Advance reservation of premium seat (In case of too many applications, it will be decided by drawing lots.)
- (6) Participation in G&LOVERS Members exclusive event (In case of too many applications, it will be decided by drawing lots.)
- (7) G&LOVERS Members only email newsletter
- (8) Purchase of G&LOVERS original goods
- 2. Regarding the privileges listed from (4) to (6) out of Membership Benefit listed in the above paragraph, a person who can receive these privileges may be decided by drawing lots or first-come-first-served basis. In such case, a person still may not be able to reserve tickets or attend events even after an order has been placed. Please further note that not all concerts and events are covered by the advance reservation. Please make sure the User who wants to become G&LOVERS Member has understood these terms before signing up for the membership.
- 3. Since the Company (including the Company’s affiliates/outsourced company) may ask the User to show his/her membership certificate（only G&LOVERS Members required）and/or photo I.D at concerts/events/etc. attended by the User, the User must make sure to bring his/her membership certificate and/or photo I.D to the venue and be ready to show it/them when the User is asked to show it/them at the venue. Please note that the User may not be able to attend these concerts/events/etc. or may be asked to leave the venue if he/she does not show or bring his/her membership certificate and/or photo I.D. Please note in advance that in such case, the User will not be able to claim refund for ticket/ transportation fee/lodging fee, and any other compensation for any damage suffered by the User.
8. Valid Period of Membership Qualification
- 1. The valid period of G&LOVERS Member (hereinafter referred to as “Valid Period”) will be for one year. When making a payment, please make sure to check the starting time of the Valid Period since it will vary depending on the membership payment method.
- 2. The User who wants to renew the Valid Period must make the payment of the next year’s annual fee between 1 month before the expiration day of the Valid Period and expiration day of the Valid Period (payment must reach the Company) in a manner prescribed by the Company, and after the payment has been confirmed by the Company, the Valid Period will be extended for another year from the expiration day of the existing Valid Period.
- 3. In the case that the Company cannot confirm the payment of the next year’s annual fee by the period set forth in the preceding paragraph, if the User pays the next year’s annual fee between the first day of the next month of the expiration day of the Valid Period and the last day of 2 months after the expiration day of the Valid Period (payment must reach the Company) in a manner prescribed by the Company, and after the payment has been confirmed by the Company, the Company will extend the Valid Period with the existing membership number. In such case the Valid Period will be extended for another year from the expiration day of the existing Valid Period, but the membership benefits will be provided after the Company has confirmed the payment of the next year’s annual fee.
- 4. In the case that the Company was unable to confirm the payment of the next year’s annual fee during the period stated in paragraph 2 and 3, the G&LOVERS Member shall be deemed to have withdrawn from G&LOVERS.
- 5. The Company will send information regarding the renewal procedure to G&LOVERS Member in a manner prescribed by the Company around 30 days before the expiration day of the Valid Period. If G&LOVERS Member wants to renew his/her Valid Period, please carry out the procedures in a manner prescribed by the Company.
9. User’s Information
- 1. The Company may use the information (including, but not limited to name, address and e-mail address), which the User provided to the Company, (hereinafter referred to as "User's Information") 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 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 Information pursuant to the Personal Information Protection Act or other applicable laws and regulations.
- (1) Required by the Personal Information Protection Act 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 Information to a person or company entrusted with operations in the course of business of operating the Services; and
- (5) The User’s 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 Information as follows:
- (1) Party to Jointly Use the User’s Information:
- (2) Items of the User’s 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 Information:
Name: SKIYAKI Inc.
Address: HUMAX-SHIBUYA-BUILDING 3F, 1-14-6 Dogenzaka, Shibuya-ku, Tokyo, Japan (Postal Code: 150-0043)
- (1) Party to Jointly Use the User’s Information:
- 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. Suspension of Use
The Company shall be entitled to suspend providing any sort of services for the ID holder, or to delete the 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.
The User who was suspended or deleted his/ her User ID cannot use all or part of the Services but the Company shall not be liable for any loss or damage incurred by such User in this case and the Company shall not be liable for refunding such User’s Enrollment fee and/or annual fee. 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, has:
- (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 Privacy rights and copyrights, of other third parties;
- (4) Acts that collect and accumulate information of the third parties;
- (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 that solicit participation in the same activities from the third party including, but not limited to sending e-mails;
- (10) Acts to impersonate the Company, the group corporation of the Company, the entruster, the artists, the trustee 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) Acts that send computer viruses or other hazardous computer programs;
- (13) Acts that use or tamper with the data of the Services illegally;
- (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 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;
- (18) Acts that sell the goods that the User obtains through the Services including, but not limited to reselling or putting up for internet auction;
- (19) 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;
- (20) Acts that acquire the data in regard to the Services illegally, or acts that disclose the data to the third party;
- (21) Other acts that the Company deems to be inappropriate;
- (22) The Company deems that the Company feels anxiety regarding the User’s credit; or
- (23) The User pays after the due date or defaults on charges for the goods or services which the User purchased through the Specific Service;
- (24) The User waits for the Artist around the broadcast station, studio, station, airport, hotel and so on where the Artist is coming or the Artist is leaving. And/or the User chases the Artist by using a taxi, motorcycle and so on.
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, shall not be allowed to be copied, published, broadcasted, 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 shall not in any way be liable for any loss or damage incurred by the user because of the errors or shortage in the registration information that the User registered in order to use the Service. If a change in personal information occurs, the User shall promptly change the Registration Information, in the manner prescribed by the Company.
- 5. There is a possibility that the Company offers some services to the User with the time limit for application. In this case, the User who wants to subscribe for the services shall apply for the services by the time limit for application in the manner prescribed by the Company. Please note that the application for the services after the time limit for application is invalid for any reason whatsoever.
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 16, except as provided in Laws and Regulations of Japan.
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 March 15, 2016