Terms of Use
Hololive Production Official Shop
Terms of Use
These Terms of Use (“Terms
of Use”) set forth the matters to be observed by any users that use the Service
(as defined in Article 2) provided by COVER Corporation (“Company”) and the
rights and obligations between the Company and the users. If you wish to use
the Service, please make sure to read the entire text of these Terms of Use before
agreeing to these Terms of Use.
Article 1. Scope of Terms of
Use
1. The purpose of these Terms of Use is to
prescribe the rights and obligations between the Company and the Registered
User (as defined in Article 2) in relation to the use of the Service. These
Terms of Use apply to any and all matters that arise between the Registered
User and the Company in connection with the use of the Service.
2. Any rules, regulations and
the like related to the Service that
are posted by the Company on the Company’s Website (as defined in Article 2) from
time to time shall constitute a part of these Terms of Use.
Article 2. Definitions
Each of the
following terms used in these Terms of Use shall have the meaning set forth in
each of the following items.
(1) “Payment Company” means a company providing
the Company’s prescribed payment service that is available as part of the Service.
(2) “Intellectual Property Rights” means
copyrights, patent rights, utility model rights, trademark rights, design
rights and other intellectual property rights (including rights for obtaining such rights or rights for filing
applications to register such rights).
(3) “Company’s Website” means the website
operated by the Company having the domain of “shop.hololivepro.com/” (and any
websites to which the foregoing website is changed to as a result of the domain or content of the Company’s website having been
changed for whatever reason).
(4) “Registered User” means a person registered
as a user of the Service pursuant to Article 3.
(5) “Products” means the products sold by the
Company through the Service.
(6) “Service” means the internet mail order
service named “hololive production official shop” provided by the Company (and
any new or modified services that are created as a result of the name or
content of the service being changed for whatever reason).
(7) “External Service” means the Company’s
prescribed service being provided by another service provider that is used for
implementing the Service.
(8) “External Service Provider” means the
service provider of the External Service.
(9) “External Terms of Use” means the terms of
use which set forth the rights between the Registered User and the External
Service Provider.
Article 3. Registration and
Provision of Information
1. A person who wishes to use the Service shall
register to use the Service with the Company by agreeing to observe these Terms
of Use and shall provide to the Company certain information required by the Company
according to the method prescribed by the Company. As a result of completing
the foregoing registration, an agreement related to the use of the Service (“Service
Agreement”) shall become effective by and between the Company and the Registered
User according to the provisions of these Terms of Use.
2. The Registered User shall
provide to the Company the Registered User’s name, address and other
information required by the Company according to the method prescribed by the Company when ordering the
Products through the Service.
3. The Registered User represents and warrants
that the information set forth in Articles 3(1) and 3(2) that it provides to
the Company (“Required Information”) is true, accurate and up-to-date.
4. When there are any changes to the Required
Information, the Registered User shall promptly notify such changes to the
Company according to the method prescribed by the Company.
5. The Company shall not be liable in any way
for any damages suffered (including without limitation any Products that are not
delivered to the Registered User) as a result of the Registered User erroneously
entering any Required Information, except for circumstances that arise from the
Company’s intentional misconduct or gross negligence. Furthermore, if the
Company, a Payment Company or any other third party suffers any damages as a
result of the Registered User entering false or incorrect information, the Registered
User shall be liable for providing compensation for any damages suffered by the
Company and such third party.
Article 4. Purchase of Products
1. When the Registered
User wishes to purchase the Products through the Service, the Registered User
shall request the purchase of such Products according to the Company’s
prescribed method.
2. At the time
that the Company sends a message to the Registered User to accept the Registered
User’s request of the preceding subsection to the email address registered by
the Registered User in the Service, a purchase and sale agreement related to any
appropriate Products (“PSA”) shall become effective by and between the Registered
User and the Company.
3. The Registered
User shall pay to the Company the price of the Products indicated in the
Service, any consumption tax and any shipping costs prescribed by the Company
for any Products that pertain to a PSA according to a method prescribed by the Company.
4. The shipping
address of the Products to be purchased through the Service shall be limited to
certain geographic regions that are separately set forth by the Company.
5. Ownership of
the Products purchased by the Registered User through the Service shall be
transferred to the Registered User at the time when the Products are delivered
to the Registered User.
Article 5. Company’s Right
to Terminate PSAs and Other Matters
1.
The Company may terminate the PSA when it becomes
difficult to produce, manufacture or ship the Products due to earthquakes,
fires or other unavoidable circumstances. The Company shall refund any payment
or take other measures deemed appropriate by the Company.
2.
In
cases where the Products are not delivered due to any circumstances attributable
to the Registered User (including but not limited to the Registered User’s refusal of acceptance of the
Products, any long-term absence of the Registered User or any indication that
the registered address of the Registered User is wrong, such Products
shall be returned to the Company. If the Products are returned to the Company
and they are not delivered to the Registered User within three (3) months of the
initial shipment of the Products, the Company may terminate the PSA. When
the Company terminates the PSA based on this subsection, the Company may require
the Registered User to pay 100% of the price of the Products under the PSA that
it has already paid to the Company (including taxes; hereinafter, the same in
this article), any shipping costs and any costs incurred for storing the Products.
3.
If
the Registered User falls under any of the following circumstances, the Company
may terminate the PSA. When the Company terminates the PSA based on this subsection,
the Registered User may request a refund of the balance remaining after
deducting the actual cost of any shipping fees that the Company has paid from
the price of the Products under the PSA that the Registered User has already
paid to the Company, upon notifying the Company of his/her name, order number, refund
account information and other information requested by the Company.
(1)
The
Registered User breaches these Terms of Use.
(2)
The
Company is notified by the Registered User’s designated credit card company that
the credit of the Registered User is in default.
(3)
The
Registered User failed to pay the price of the Products by the payment date for
a payment at a convenience store.
(4)
It
is reasonably acknowledged that the Registered User most likely cannot provide
payments.
(5)
It
is discovered that a minor has purchased the Products without obtaining the
approval of his/her legal representative.
(6)
The
Registered User falls under any of the circumstances under Article 11(1).
(7)
If there are any other reasonable reasons
for the Company to terminate the PSA.
Article 6. Management of
Account Information
1. The Registered User shall be responsible for managing and storing the
Required Information and the password of the Service (“Account Information”)
and shall not allow a third party to use the Account Information, or lease,
assign, transfer, or sell the Account Information.
2. The Registered User shall
be liable for any damages resulting from the insufficient management, erroneous
use, or third-party use of the Account Information, and the Company shall not
be liable in any way whatsoever regarding the foregoing, except for
circumstances that arise from the Company’s intentional misconduct or gross
negligence.
3. If it is discovered that
the Account Information has been stolen or is being used by a third party, the
Registered User shall immediately notify the Company to such effect and shall
follow any instructions given by the Company.
Article 7. Prohibited Acts
The Registered User shall not conduct any of the following acts in using
the Service:
(1) any acts that infringe upon any
Intellectual Property Rights, portrait rights, privacy rights, the reputation,
or any other rights or interests of the Company, other Registered Users, a Payment Company, an External Service Provider or any other third parties (including any acts that directly or
indirectly provoke such infringement);
(2) any acts that are related to criminal behavior or acts that run contrary to the
public order and morality in general;
(3) any acts of using the
Service through the wrongful use of a credit card;
(4) any acts of wrongfully using
an email address and password;
(5) any acts of purchasing or
reselling the Products through the Service for profit;
(6) any acts of conducting multiple
member registrations or any acts of impersonating someone else;
(7) any acts that are in violation of any laws
or run contrary to public order and morality in general;
(8) any acts of sending information containing
a computer virus or any other harmful computer programs;
(9) any acts that are reasonably
acknowledged as possibly interfering with the operation of the Service by the
Company; or
(10) any other acts reasonably deemed to be inappropriate by the Company.
Article 8. Termination, etc.
of the Service
1. When the Registered User
falls under any of the following circumstances, the Company may suspend or terminate
all or a part of the use of the Service without any prior notice to the
Registered User:
(1) when the Company is to perform
regular or emergency inspection or maintenance of any computer systems used for
the Service;
(2) when computers or communication
lines become unavailable due to an accident;
(3) when the Company is unable to
operate the Service due to fires, blackouts, calamities or other force majeure
events;
(4) when any External Service encounters any trouble,
when any provision of any External Service is terminated or suspended, when its
partnership with the Service becomes terminated, or when the specifications of any
External Service are changed; or
(5) when the Company otherwise
reasonably determines that the Service needs to be terminated or suspended.
2. The Company may terminate
the provision of the Service based on the Company’s reasonable judgment. In the
foregoing case, the Company shall notify the Registered User of such
termination in advance.
3. The Company shall not be
liable in any way for any damages suffered by the Registered User due to any measures
taken by the Company pursuant to this article, except for circumstances that
arise from the Company’s intentional misconduct or gross negligence.
Article 9. Responsibilities regarding
Equipment
1. The Registered User shall
be responsible for preparing and maintaining, at its own cost, any computers,
smartphones, software and any other equipment, communication lines and other
matters related to the communication environment required for using the
Service.
2. The Registered User shall be
responsible for setting up, at its own cost, any security measures for
preventing any computer viruses, any unauthorized access and any information
leakage as appropriate for the environment in which he/she uses the Service.
3. Even if the Company had stored information
related to the Registered User for a certain period of time for its business
operations, the Company is not obligated to store such information and the Company
may delete such information at any time.
4. When the Registered User is to install
software, etc. in the Registered User’s computer or smartphone that is download
from the Company’s Website or other methods when starting its use of the Service
or during its use of the Service, the Registered User shall pay sufficient
attention so that the Registered User’s information is not lost or altered and
so that the Registered User’s equipment does not malfunction or become damaged.
Article 10.
Ownership of Rights
All Intellectual Property Rights related to the Company’s Website, the
Service and the Products belong to the Company or the licensor that granted a license to the
Company. Unless expressly provided for herein, the license granted to the
Registered User to use the Service based on these Terms of Use that became
effective during the Registered User’s registration does not include any rights
to transfer or license the Intellectual Property Rights of the Company or of
the licensor that granted a license to the Company in connection with the
Company’s Website, the Service and the Products. Regardless of the reason, the
Registered User shall not engage in any acts that may infringe upon the
Intellectual Property Rights (including without limitation: replication,
copying, modification, public transmission, sublicensing copyrighted works
related to the Products to a third party and any acts of using the Products for
any purpose other than personal use; and disassembly, decompilation and reverse
engineering of the Company’s Website) of the Company or the licensor that
granted a license to the Company.
Article 11.
Cancellation of Registration, etc.
1. If the Registered User falls
under any of the following circumstances, the Company may temporarily suspend
the use of the Service by the Registered User or cancel the registration of the
Registered User without requiring any prior notice or formal demand:
(1) the Registered User breaches any provision
of these Terms of Use;
(2) it is discovered that the Required Information contains false information;
(3) the Registered User used,
or attempted to use, the Service for any purpose or according to any method
which may cause damage to the Company, another Registered
User, a Payment Company, an External Service Provider or any other third party;
(4) the Registered User falls
under any of the circumstances listed in Article 5(3);
(5) the Registered User is unable to receive
services or links from the External Service Provider as a result of breaching
the External Terms of Use or other reasons;
(6) the Registered User
interferes with the operation of the Service, irrespective of the means
thereof;
(7) the Registered User
suspends payment or falls into a state of insolvency, or a petition is filed
against the Registered User for the commencement of bankruptcy proceedings, the
commencement of civil rehabilitation proceedings or the commencement of
procedures similar thereto;
(8) the Registered User
dishonors a bill or a check drawn or underwritten by the Registered User,
receives a disposition to suspend its business by a clearinghouse or is subject
to any other similar measures;
(9) a petition is filed against
the Registered User for attachment, provisional attachment, provisional
disposition, compulsory execution or public auction;
(10) the Registered User receives a disposition
for failure to pay taxes and public dues;
(11) the Registered User passes away;
(12) the Registered User does not receive the Products
and fails to respond when contacted by the Company;
(13) the Company determines that the Registered User is associated with
any anti-social forces (referring to an organized crime
group, an organized crime group member, an associate member of an organized
crime group, a person for whom five (5) years have not elapsed since ceasing to
be an organized crime group member or associate member of an organized crime
group, a company related to an
organized crime group, a corporate extortionist, a socially-branded
racketeering organization, an organized intellectual crime group or any other
group or individual that pursues economic benefits through violence, influence
or fraudulent means (“Anti-Social Forces”)), or is
somehow interacting or involved with Anti-Social forces such as by sustaining
or operating Anti-Social forces, or cooperating or being involved with the
management of Anti-Social forces, through financing or otherwise; or
(14) the Company otherwise reasonably
determines that the continuation of the Registered User’s registration is
inappropriate.
2. If the Registered User falls
under any of the circumstances of the preceding subsection, the Registered User
shall automatically forfeit his/her benefits and privileges that it may have
regarding payment conditions of any debts owed to the Company, and shall immediately
pay all such debts back to the Company.
3. The Company may cancel the
registration of the Registered User by notifying the Registered User according
to the Company’s prescribed method.
4. The Company shall not be
liable in any way for any damages suffered by the Registered User due to any measures
taken by the Company pursuant to this article, except for circumstances that
arise from the Company’s intentional misconduct or gross negligence.
Article 12.
Disclaimer of Warranty and Exemption of Liability
1. The Service will be
provided on an as-is basis, and the Company does not in any way warrant the
fitness for a particular purpose, commercial usefulness, completeness or
continuity of the Service.
2. Even when the Registered
User directly or indirectly obtains from the Company any kind of information
related to the Service, the Company’s Website, another Registered User of the
Service or any other matter, the Company does not offer any kind of warranty to
the Registered User beyond the subject matters prescribed in these Terms of
Use.
3. While the Service may be linked to the External
Service, the Company does not provide any warranties or guarantees for such
link. The Company shall not be liable for any problems, etc. to such links with
External Services, unless the reasons are
attributable to the Company.
4. In cases where the Service is linked to the
External Service, the Registered User shall be responsible for complying with
the External Terms of Use at its own cost. Even if a dispute arises between the
Registered User and the External Service Provider that operates an External
Service due to a violation of the relevant External Terms of Use, the Company shall
not be liable in any way in connection with such dispute, except for
circumstances that arise from the Company’s intentional misconduct or gross
negligence.
5. The Company’s obligations to the Registered
User under the PSA shall be fulfilled by the Company shipping the Products to
the shipping address entered by the Registered User upon purchasing the
Products through the Service. The Company shall not be liable in any way for
the failure of delivery of the Products unless the reasons are attributable to the Company.
6. The Registered User shall
be responsible for examining whether or not its use of the Service will violate
any laws applicable to the Registered User at its own cost. The Company does
not in any way warrant that the Registered User’s use of the Service complies
with any laws applicable to the Registered User.
7. The Registered User shall
be responsible for handling and resolving any transaction, communication or
dispute arising between the Registered User and another Registered User, a Payment Company, an External Service Provider or any other third party in relation to the Service or the Company’s
Website. The Company shall not be responsible in any way for such matters
unless the reasons are attributable to the Company.
8. Unless there are reasons
that are attributable to the Company, the Company shall not be liable in any
way for the compensation of any damages suffered by the Registered User as a
result of: the suspension, discontinuation, termination, unavailability or
changes to the Service by the Company; the deletion or erasure of information
related to the Registered User by the Company; the cancellation of the
Registered User’s registration by the Company; the loss of data or the malfunction
or damage of equipment resulting from the Registered User’s use of the Service;
or any other damages suffered in relation to the Service.
10. If the Company
is unable to provide the Service or perform the obligations under the PSA due
to circumstances beyond the reasonable control of the Company (including
without limitation: fires, blackouts, hacking, computer viruses, earthquakes, floods,
wars, epidemics, embargos, strikes and riots; the impossibility of securing
goods and transport facilities; the intervention, instruction or request of government
authorities or local government authorities; or the enactment or revision/nullification
of domestic or foreign laws and regulations), the Company shall not be held
liable to the Registered User for any damages for non-performance or default
during the period that such circumstances exist.
11. Even in the case where the Company is
liable for damages against the Registered User based on the application of the
Consumer Contract Act, other mandatory provisions of other laws or regulations
or any other reason, the Company’s liability for damages shall be limited to
direct and ordinary damages, shall not include lost profits and indirect
damages and shall be capped at the total amount of the price of the Products
that the Company actually received from the Registered User based on the PSA that
relates to such damages, except for circumstances that arise from the Company’s
intentional misconduct or gross negligence.
Article 13.
User’s Liability for Damages, etc.
1. If the Registered User
causes any damages to the Company as a result of breaching these Terms of Use
or in relation to the use of the Service, the Registered User shall provide
compensation for such damages suffered by the Company.
2. If the Registered User
receives a complaint from another Registered User, a Payment Company, an External Service Provider or any other third party, or if a dispute arises between the Registered
User and another Registered User, a Payment Company, an External Service Provider or any other third party in connection with the Service, the Registered User
shall immediately notify the details thereof to the Company, shall be
responsible for handling such complaint or dispute at the Registered User’s own
cost, and shall report the progress and results thereof to the Company when
requested by the Company.
3. If the Company receives any
kind of claim from another Registered User, a Payment Company, an External Service Provider or any other third party on grounds of infringement of rights or other
reasons in relation to the Registered User’s use of the Service, the Registered
User shall compensate the amount that the Company was forced to pay to the
third party based on such claim.
Article 14.
Handling of Personal Information, etc.
1. The
handling of the Registered User’s personal information (referring to the
“personal information” set out in Article 2, Paragraph 2 of the Act on the
Protection of Personal Information) by the Company shall comply with the
provisions of the Company’s Privacy Policy and, if applicable, the Privacy
Policy for California Residents that are separately prescribed by the Company. The
Registered User agrees that the Company will handle the Registered User’s personal
information according to the Company’s Privacy Policy and, if applicable, the
Privacy Policy for California Residents.
2. The Company
may use and disclose the information and data provided by the Registered User to
the Company, at the Company’s discretion, as statistical information in a
manner in which individuals cannot be identified, and the Registered User shall
not raise any objection against such use and disclosure.
Article 15.
Effective Term
The Service Agreement shall come
into effect on the day that the Registered User’s registration as set forth in
Article 3 is completed and shall continue to remain in force between the
Company and the Registered User until the day the Registered User’s
registration is cancelled or the day that the provision of the Service is
terminated, whichever is earlier.
Article 16.
Amendments, etc.
1. The Company may freely
change the contents of the Service.
2. The Company may amend these
Terms of Use (including the rules and regulations related to the Service posted
on the Company’s Website; hereinafter the same in this subsection). When the
Company amends these Terms of Use, the Company shall announce the details of
such amendment and the effective date of any changes by such effective date
according to the method prescribed by the Company. If the Registered User uses
the Service or fails to take measures to cancel his/her registration within the
period prescribed by the Company after the effective date of any changes that were
announced by the Company, it shall be deemed that the Registered User has
agreed to the amended version of these Terms of Use.
Article 17.
Communication/Notice
Any inquiry related to the Service,
any communication or notice from the Registered User to the Company, any notice
related to the amendment of these Terms of Use or any other communication or
notice from the Company to the Registered User shall be made according to a
method prescribed by the Company.
Article 18.
Assignment, etc. of these Terms of Use
1. Without obtaining the prior
written approval of the Company, the Registered User may not assign or transfer
to a third party, collateralize, or otherwise dispose of his/her rights under
the Service Agreement or the PSA or his/her rights or obligations under these Terms
of Use.
2. If the Company transfers
the Service to a third party (whether by way of business transfer, company
split or any other method), the Company may, pursuant to such transfer, assign
its rights under the Service Agreement or the PSA, its rights and obligations
under these Terms of Use, the Registered User’s registration information and
other customer information to the assignee. The Registered User agrees in
advance to any transfers set forth in this subsection.
Article 19.
Entire Agreement
These Terms of Use constitute the
entire agreement between the Company and the Registered User related to the
matters included in these Terms of Use, and supersede any prior agreement,
representation and understanding between the Company and the Registered User,
whether made verbally or in writing, related to the matters included in these Terms
of Use.
Article 20.
Severability
Even if it is determined that any
provision of these Terms of Use or any part of such provision is deemed invalid
or unenforceable based on the Consumer Contract Act or any other laws or
regulations, the remaining provisions of these Terms of Use and the remaining
parts of any provision in which a part thereof was deemed invalid or
unenforceable shall continue to remain fully in force. The Company and the
Registered User shall amend these Terms of Use to the extent required for amending
such invalid or unenforceable provisions or parts to become lawful and
enforceable, and shall endeavor to ensure that the original purpose of such
invalid or unenforceable provisions or parts are maintained and that legally
and economically equivalent results are obtained.
Article 21.
Surviving Provisions
The provisions of Article 3(5), Article 4(3), Article 5(3), Article 6(2),
Article 8(3), Article 9, Article 10, Article 11(2) and 11(4), Article 12 to Article
14, and Article 18 to Article 22 shall continue to remain in force even after
the termination of the Service Agreement.
Article 22.
Governing Law and Jurisdiction
These Terms of
Use shall be governed by the laws of Japan, and any dispute arising from or in
connection with these Terms of Use shall be submitted to the Tokyo District
Court or the Tokyo Summary Court as the courts of exclusive jurisdiction in the
first instance.
Article 23.
Resolution through Consultation
With regard to
matters not prescribed in these Terms of use or with regard to any doubts that
arise in the interpretation of these Terms of Use, the Company and the Registered
User shall promptly resolve such matters or doubts through consultation
according to the principle of faith and trust.
Formulated on September 1, 2021
Updated on May 31, 2023
