• 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.

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.

• 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.

• 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.

• 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.

• 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.

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.

• 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.

• 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.

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.

• 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.

• 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.
• 9.Even when a link from the Company’s Website to another website or a link from another website to the Company’s Website is provided, the Company shall not be responsible in any way for any website other than the Company’s Website and for any information obtained therefrom unless the reasons are attributable to the Company.
• 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.

• 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.

• 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.

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.

• 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.

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.

• 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.

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.

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.

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.

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.

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.