Terms of "ticket board" Membership
¡Article 1 (Scope of, and Amendments to, these Terms)
1. These Terms shall be applicable to Boardwalk Inc. (the gCompanyh) and the "ticket board" members (the gMembersh) in respect of the service for the Members, an exclusive service (the gServiceh) included in various services rendered at the website (accessible by mobile phones and personal computers) which is operated by the Company.
2. Existing individual provisions attached hereto and other individual provisions which shall be established in respect of each new service to be provided in the future shall constitute a part of these Terms.
3. Upon conclusion of the admission agreement of the Service set forth in Article 3 below, a Member shall become obliged to subject to these Terms.
4. The Company may amend any of these Terms in the reasonable range and by the reasonable method, without obtaining individual consent by each Member, to which the Members shall agree in advance.
¡Article 2 (Application for Admission Agreement)
1. The Service is only available for the Members.
3. The Candidate who is a minor shall obtain prior consent from his/her parent or other parental guardian with respect to the admission and use of the Service.
4. The Candidate shall subject to the terms and conditions of membership of the credit card company, etc., which he/she registered as the method of payment, and shall be deemed to have agreed in advance to be investigated for verification by relevant credit card company, etc. at the time of registration of credit card information, etc.
¡Article3 (Conclusion of Admission Agreement)
1. The Admission Agreement shall be concluded when the Candidate applies for membership under Article 2 above, and the Company accepts such application by issuing ID and password for usage of the Service.
2. The Company may not accept the application for membership, if:
1) The Candidate is already a Member;
2) The membership of the Candidate has ever been cancelled due to infringement of any of these Terms, etc.;
3) Any of the contents of the application form is untrue, incorrect or incomplete;
4) The Candidate who is a minor has not obtained a consent from his/her parent or other parental guardian;
5) The payment method of the Candidate is suspended by a credit card company, a financial institution or any other institution; or
6) Under such other circumstances that the Company deems the application for membership is not acceptable due to a reasonable reason.
¡Article 4 (Notice)
1. Notice of amendment to these Terms and other notice from the Company to the Members shall be given by e-mail, posting to the ticket board website or any other method that the Company deems appropriate.
2. In the event that any notice set forth in the preceding paragraph is given by e-mail, such notice shall be deemed to have been made when the Company sent it to such addresses as were registered in advance by respective Members. The Members shall browse without delay the notice given from the Company by e-mail.
¡Article 5 (Change of Registration Information)
1. Any Member who had a change about the information entered at the time of application for membership or purchase of goods shall promptly notify such change to the Company in accordance with the prescribed procedures.
2. The Member who failed to give the notification stipulated in the preceding paragraph shall accept without objection in advance, if such Member could not receive the notice or goods sent by the Company due to such failure, that such notice or goods shall be deemed to have been received by Member on time, except for the case set forth in Paragraph 2 of Article 4.
3. The Company shall not be liable for any damages incurred by the Member who failed to give the notification stipulated in Paragraph 1 hereof caused by such failure. The Member who failed to give the notification stipulated in Paragraph 1 hereof shall be liable for all damages incurred by the Company or any third party caused by such failure.
4. The Members shall accept that the Company may change, to the extent required, without notice the information entered by the Members at the time of application for membership or purchase of goods or the information notified in accordance with Paragraph 1 hereof, if such information contains wrong information (such as a phone number or e-mail address of third party, entered by mistake or intent).
¡Article 6 (Withdrawal)
1. Unless the Member submits a notice of intent to withdraw, the effective term of membership shall be of unlimited duration and be automatically renewed.
2. The Member who intends to withdraw shall submit a notice of intent to withdraw by himself/herself to the Company in accordance with the prescribed procedures. Such Member shall immediately pay all liabilities owing to the Company.
3. The Company shall have no duty to repay any fees already received by it, for any reason whatsoever.
¡Article 7 (Suspension or Cancellation of Membership)
1. The Company may suspend or cancel the membership of the Member without notice, with respect to whom any of the following events occurred. The Member whose membership was cancelled shall immediately pay all liabilities owing to the Company. The Company shall have no duty to repay any fees already received by it, for any reason whatsoever.
1) It appeared that the Member made a false declaration at the time of application for membership.
2) The Member took any action prohibited under Article 12.
3) Any payment including the membership fee due for the Member was delayed or became unable to pay.
4) In spite of the conclusion of a purchase agreement, no payment procedure, such as bank transfer, was taken by the Member.
5) The Member obstructed the operation of the Service by whatever means.
6) The credit card or the account designated by the Member for payment is suspended by a credit card company, an agency payment servicer, a financial institution or any other institution.
7) The Company figured out that one individual registered multiple memberships.
8) The Member sold or transferred a ticket, which has been purchased or received by such Member, to a third party for profit.
9) The Member broke any of these Terms.
10) Any other events where the Company deems the Member is inappropriate to own a membership for any reasonable reason.
2. The Member with respect to whom any of the events listed in the preceding paragraph occurred shall be liable to indemnify all damages incurred by the Company or any third party caused by such event.
¡Article 8 (Previous Arrangement)
1. The Members shall prepare under his/her own responsibility and at his/her own expense the mobile phone (The digital ticket for mobile phones shall be, in principle, delivered by downloading to a mobile phone. In no event shall any paper-based ticket is delivered to overseas.), communication device, software, telephone subscription, internet access service, etc. necessary to use the Service. In addition, the Members shall bare all the communication, access and other charges (including the communication charge for data roaming) in connection with the Service. In order to download a digital ticket for mobile phones in Japan, the mobile phone must be accessible to the Companyfs website, available for SSL communication and have functions to display and save graphical contents.
2. The Members shall accept in advance that depending on the models, such as newly sold or old, a mobile phone may not being available for use or, if possible, may require sometimes to be available for use of the Service.
¡Article 9 (Management of User IDs and Passwords)
1. Each Member shall be responsible for the management of his/her ID and password issued by the Company to such Member.
2. The Members may use the Service from the website designated by the Company by using the ID and password for ticket board membership.
3. The Company shall confirm the identity of the Member with entered ID and password. Upon confirmation by the Company that entered ID and password are same as registered information, the use shall be deemed as the use by the identical Member.
4. Each Member shall, but the Company shall not, be responsible for all damages caused by inappropriate management, improper use, use by a third party of ID and password ID.
5. Any Member who becomes aware of the theft or use by a third party of ID and password shall immediately notify such fact to the Company, and shall comply with instructions by the Company, if any.
¡Article 10 (Use of Members' Information)
1. The Company use personal information collected from customers for the purposes listed below. The Company shall not use the information for any other purposes, unless it receives consent of the individual to such use by separate communication from the customer.
1) Matters concerning business of ticket sales on consignment etc. This includes where third party service providers are involved.
i. order processing including reservations, drawings, sales etc. , settlement proceeds and product delivery
ii. personal identification and authentication upon entry to the place at the time of events
iii. provision to third party event promoters (limited to use in unexpected circumstances such as event cancelation)
iv. after-service and complaints handling
v. money transfers etc. for event cancellation refunds
2) Matters concerning information provision to customers via email etc.
i. provision of information relating to entertainers whom customers purchase tickets for
ii. provision of a broad range of information to ticket purchasers at an appropriate time from the time of ticket purchase until the day of the event or after the event, relating to event information, sale events for related goods and digital content etc.
iii. transmission of information regarding other events, services and event information based on memberfs personal preference information, and email newsletters and targeted mail etc. to members.
iv. transmission of direct mail and email newsletters as requested by third parties (such as introductions to third party services, campaign information and advertising etc. relating to events and the performing arts)
Note: Even if a Member does not agree to the purposes of use in section b. above, the Company will not refuse the admission to the menbership and take any procedures for withdrawal of the membership. The Company has set up a webpage for changes to member information and the Members may use this page to discontinue the above uses of his/her information: http://tickebo.jp
3) Matters relating to the improvement of services and marketing analysis, including provision to third parties for such purposes
i. any marketing analysis based on behavioral history and surveys of purchases of digital contents and mail order products, and applications for tickets
ii. Promotions of the optimal sales in the future, which are future sales promotions based on analysis of location of residence, outcome of drawing, previous seating etc
iii. development of new systems based on what is convenient for members, their preferences and interests.
iv. provision as electronic data to third parties with whom the Company has entered into a contract as to the handling of personal information, following the comparison of information relating to the lifestyle of users based on their purchase history etc., with information purchased and information received from third parties, and personalization (i.e. analysis of stored data and optimization based on user attributes, and purchase/behavioral history).
Note: Even if a Member does not agree to the purposes of use in this section 3), the Company will not refuse the admission to the menbership and take any procedures for withdrawal of the membership. The Member may request that the Company discontinue this use of personal information by sending a completed eRequest to Discontinue Provision of Personal Information to Third Partiesf to disignated address (click here to download).
¡Article 11 (Prohibitions)
The Member shall not conduct any of the following acts when it uses the Service:
1. any act which damages or may damage copyright, property right, privacy, honor, confidence or any other right of any third party or the Company;
2. any act which causes or may cause any losses or damages to any third party or the Company;
3. any act which insures reputation of any other customer, any third party or the Company;
4. any act which goes or may go against public order and morality, or provides any other member or any third party with information which goes against public order and morality, any act which is conducted for the purpose of profit or preparaion thereof through or in connection with the Service without our approval;
5. any act which makes unauthorized use of any IDs or passwords;
6. any act which uses or provides harmful programs such as computer virus through or in connection with the Service;
7. any act which violates or may violate the laws and regulations; or
8. any other acts which the Company deems inappropriate.
¡Article 12 (Copyright)
The Member may not use, in any manner, any information or files provided through the Service beyond its own private use allowed under the Copyright Act without permission of right holders.
¡Article 13 (Suspension, Change, etc. of Service)
1. In the case of the following events, the Company may suspend, change, stop, discontinue and delay the operation of the Service:
1) it performs system maintenance of the Service regularly or urgently;
2) it fails to provide the Service as usual due to any war, riot, turmoil, labor dispute, earthquake, eruption, flood, tsunami, fire, blackout and any other emergencies;
3) serivce of telecommunications carriers is suspended or changed; and
4) any other cases where the Company deems suspension of the Service to be necessary in the operation of the Service.
2. The Company shall assume no responsibility to a Members or a third party for the suspension, change, stop, discontinuation and delay of the Service pursuant to the preceding paragraph.
¡Article 14 (Disclaimer)
1. The Company shall not be liable for any damages incurred by a Member or a third party in connection with the Service, including the provision of information about the Service, except for those caused by bad faith or gross negligence of the Company. The use of the Service shall be made on the Member's own responsibility at any time. A minor may use the Service subject to the consent from, and under responsibility of, his/her parent or other parental guardian.
2. Although the Company shall strictly control and close attention to maintenance of the confidentiality of personal information that are entered or sent by the Members in order to use the Service, by encryption, etc., it shall not be deemed as a guarantee that all leaks, disappearances or defacing by others will be prevented.
3. The Company shall give no guarantee the safety, accuracy, reliability, usability, recency, legality, morality, etc. with respect to the contents of the Service, the information and service to be provided by the Company as a part of the Service, and such information as the Members may acquire through the Service or e-mails to be sent by the Company.
4. The Company shall have no concern with, and not be liable for, any information and service contained within such websites that are linked to the Service.
5. The Company shall give no guarantee that the number, etc. of tickets to be sold will be sufficient for all orders by the Members, and that the description described on the ticket which is sold through the Service is correct (including whether the relevant event will be held in accordance with such description).
6. The Company shall not be liable for any damages caused by an action of any Member which were incurred by any other Member or a third party.
¡Article 15 (Governing Law)
1. Japanese law shall be applied to the establishment, performance and interpretation of these Terms.
2. Even if the laws of foreign jurisdiction where the customer lives are required to be applied in spite of the provision of preceding paragraph, these Terms shall be effective, except for such part as would be invalid or impractical under such laws.
¡Article 16 (Jurisdiction)
1. When there arises any dispute in connection with the Service between the Member and the Company, the parties shall settle the same upon consultation each other in good faith.
2. If any dispute could not be settled by consultation, the Tokyo District Court or the Tokyo Summary Court shall have the exclusive jurisdiction for the first instance.
Supplementary Provision: These Terms shall be effective from midnight on May 27, 2010 (Japan time).
Unauthorized reproduction of any content posted on ticket board (articles, images, videos etc.) without the permission of Boardwalk Inc. is strictly prohibited.
(c)BOARDWALK Inc. All Rights Reserved.