Terms of Use

• These REALITY Terms of Use (these “Terms”) establish the terms and conditions between a customer (“Member”) who uses the “REALITY” application (the “App” including services for watching videos and live streaming on the application, services where the Company (defined below) manages and operates the videos that can be watched on the application, services which allow Rating Points (as defined in Section 16.1; same applies below) and other information to be checked on the webpage specified by the Company, and other services ancillary to the application; the services ancillary to the application is referred to as the “Ancillary Services”) provided by Company and REALITY, Inc. (the “Company”) regarding the use of the App.
• By using the App (including but not limited to downloading the App or using the Ancillary Services), the Member will be deemed to have agreed to these Terms. The Member must not use the App if he or she does not agree to these Terms.
• If separate terms and conditions are established for any individual services on the App (the “Individual Terms”), the Member must use the App in accordance with these Terms and the Individual Terms. In the event of any discrepancy between the provisions of these Terms and the Individual Terms, the provisions of the Individual Terms will prevail.
• These Terms and Individual Terms may be amended at Company’s convenience. When Company amends these Terms and Individual Terms., Company will notify Member in advance of the amendment of these Terms and Individual Terms, the content of the amendment, and the effective date of the amendment of these Terms and Individual Terms by notification in this App or other appropriate method determined by Company. If the Member uses this App after such effective date of the amendment, the Member will be deemed to have agreed to the amended Terms and Individual Terms, and the Member will thereafter be subject to the amended Terms and Individual Terms.

• A person who wishes to become a Member will be deemed to have registered as a Member with the Company when he or she has agreed to these Terms and has completed linking the App to his or her own SNS account (limited to X account, LINE ID, Google account, Facebook ID, or Apple ID; same applies in these Terms) or his or her own phone number according to the instructions on the App.
  • Third-party linking service registration method
    • Complete linking the App to his or her own SNS account according to the instructions on the App
  • Guest user registration method (only when it is shown as available on the App)
    • Agree to “create a new account” according to the instructions on the App
• If a person who wishes to become a Member is a minor, he or she must obtain the prior consent of his or her legal representative (e.g., person with parental authority) regarding the use of the App, provided that a minor under the age of 13 may not use the App, whether or not the legal representative has consented.
• Notwithstanding paragraph 2 of Article 2, if a person who wishes to become a Member resides in the following country or region, the minor under the following age may not use the App whether or not the legal representative of him or her has consented.
  • European Economic Area (EEA), United Kingdom: Sixteen (16) years old
  • South Korea: Fourteen (14) years old

• If there is any change to a registered matter, the Member must promptly notify the Company in accordance with the procedure established by the Company. In the absence of such notification, the Company may deem that there is no change to the registered matters.
• The Member may not be able to use the App if he or she fails to notify the Company that there was a change to a registered matter in accordance with the preceding paragraph.

• If the Member registers as a Member through the third-party linking service method, the Company will set up one (1) account for the Member for each SNS account that is owned by the Member and has been linked pursuant to Section 2.1.a and for each App. If the Member registers as a Member through the guest user registration method, he or she will agree to “create a new account” and will be provided one (1) account for each App.
• Even if the App will be used on a different terminal or any other device (but limited to devices that can use the OS that is separately designated by the Company; “Device”), the same account will be set up so long as it is linked to the same SNS account (if the Member registered as a Member through the third-party linking service method). The Member may not use or combine his or her account information (refers to the account ID and username that the Company sets up for each account and any other information that is associated with the account; same applies below) on or with another account. If the Member receives Rating Points pursuant to Section 16.1, information pertaining to Rating Points will also be included in the account information, and the Rating Points received in a certain account cannot be transferred to another account or combined with the Rating Points received in another account.
• The Member may use his or her own account information for the sole purpose of using the App and must not allow a third party to use such information. The Member must not disclose, lend, exchange, change of name, gift, pledge as security, buy, sell, give, or transfer his or her account information to a third party, cause third party otherwise use and/or dispose his or her account information without the Company’s consent. In addition, the Member must not use the App by using any account information that differs from those registered with the Company.
• If there is any use of the App (including but not limited to using or discontinuing the use of the App) by the Member’s account, the Company may deem that such use was made by the Member. All consequences that arise through such use will be attributed to the Member, and the Company will not be liable for such consequences.
• If the Member discovers an unauthorized use of his or her account information, the Member must immediately notify the Company and use reasonable efforts to rectify such unauthorized use.
• If the Company or a third party suffers any damages due to the unauthorized use of the Member’s account information, the Member must compensate the Company or third party for such damages.

• If a person registers as a Member through the guest user registration method, the Member acknowledges and agrees that he or she cannot use the following features and functions of the App:
  • Logout function
  • Receipt of Revenue Distribution (as defined in Article 16)
  • Reflection in the event ranking and support ranking
    * The user’s gifting of digital items will not be reflected in the ranking of live streamers participating in the event ranking and support ranking.
• If the Member registered as a Member through the guest user registration method when registering the App and subsequently completes the linking of the App and his or her own SNS account according to the instructions on the App, the restrictions on the functions set forth in the preceding paragraph will be lifted upon such completion.

• The Member may use the App for watching videos, live streaming, and any other purpose of use determined by the Company and only within the scope of the terms and conditions of use established by the Company depending on the Member’s age, usage environment, and other conditions.
• The Company may send notices, advertisements, and other announcement messages to the Member in connection with the operation of the App.
• The Member may register a username when using the App, provided that the Company may not approve the registration of such username and the Member may not be able to use such username if the Company determines that the username:
  • has already been registered by another Member;
  • clearly refers to a specific individual;
  • may infringe an intellectual property right or any other right of another person;
  • may create a sense of disgust in others; or
  • should not be registered for any other reason.
• When using the App, the Member must register the correct date of birth and other personal information if requested by the Company. In addition, the Member must not cause the Company to obtain a false IP address or other information through a connection that uses a VPN (Virtual Private Network). The Company will not be liable for the Member’s damages that arise in connection with the inaccuracy or falsity of the registered information or causing the Company to obtain false information.
• The Member must, at its own expense and responsibility, prepare the equipment and means of communication required to use the App and the Member will be responsible for the communication fees associated with the use of the Company App.
• The Member must, through the use of this App, respect any third party’s right and dignity, and comply with the applicable law, regulation, moral, religious norm(s) and public policy.

• If the Member will be using the paid content specified by the Company, the Member must pay the amount of usage fee established by the Company by the time and through the method specified by the Company. The Company will not, for any reason whatsoever, refund any usage fees that have already been paid.
• If the Member fails to pay the usage fee established by the Company by the date determined by the Company, the Member must pay a late payment charge to the Company at a rate of 14.6% per annum from the day after the payment due date.

• The Member may view or otherwise use the content of the App (refers to live streaming, applications, webpages, digital items, and any other information provided on the App; same applies below) only within the scope designated by the Company and, unless otherwise approved by the Company, must not reproduce (excluding reproduction for private use), adapt, publicly transmit, or otherwise use (including posting on an app or website provided by a third party) such content.
• The Member agrees that, depending on the settings of the live streamer (refers to the person engaging in live streaming that can be watched on the App; same applies below), there may be cases where the viewing or any other use of content provided by such live streamer will not be permitted.
• The rights in all content provided by the Company within the App will belong to the Company or the rightsholder that has licensed or outsourced to the Company the streaming of such content, and no license to work or use any patent, utility model right, design right, trademark right, copyright, know-how, or other intellectual property right owned by the Company is granted to the Member.

• The Member may, at his or her own judgment and responsibility, live stream using the App in accordance with the terms and methods specified by the Company.
• The Company provides services that allow a Member who wishes to live stream to do so using the App, but the Company itself does not live stream. The Company may, at any time, freely decide on and modify the approval/disapproval, terms, and methods of the live streaming by the Member, and the Member must comply with such decisions.
• The Company may post a link to the live streaming by the Member in any location specified by the Company, provided that the Company makes no warranty regarding such posting and, even after a link has been posted, the Company may end the posting or change the location of the posting.
• The Company may request a Member who will be live streaming to register the content of such live streaming, information regarding the Member, and any other information specified by the Company. In such event, the Company may display such information in a location where the live streaming by the Member is posted or in its proximity, or any other location, provided that the Company makes no warranty regarding such display and, even after the information has been displayed, the Company may end the display or modify the location or content of the display.
• If the Member will be live streaming using the App, the Member must ensure that the streamed content conforms to the “12+” age restriction rating on the App Store published by Apple Inc. The Company may suspend such streaming if there are any reasonable grounds to suspect that the streamed content does not conform to the “12+” age restriction rating.

• When live streaming using the App, the Member may use the characters, costumes, decorations, backgrounds, peripheral items, and other peripheral items furnished by the Company for the purpose of live streaming on the App (excluding the music set forth in the following Article; collectively, “Streaming Content”) in accordance with these Terms and the terms and method separately specified by the Company.
• When live streaming using the App, the Member may use a character it has created using the Streaming Content and that is displayed to represent the Member (the “Avatar”), provided that if expressly approved by the Company through the method determined by the Company, the Member may use, in place of the Avatar, a character other than a character created using the Streaming Content to represent the Member (the character used to represent the Member in such cases is referred to as the “External Avatar”) and, notwithstanding paragraphs 3 and 4, the rights in the External Avatar will be subject to the separate terms established by the Company.
• The rights in the Avatar and Streaming Content will belong to the Company or any third party that has licensed such rights to the Company. Even if the Avatar is a derivative work (as defined in Article 2(1)(xi) of the Copyright Act), the Member will be deemed to have assigned to the Company all rights in the Avatar including the rights under Articles 27 and 28 of the Copyright Act and the Member must not exercise his or her moral rights or any other personal rights in the Avatar against the Company or a third party that has licensed such rights to the Company.
• Until the Member cancels his or her membership or the Member’s account is suspended or deleted, the Company grants to the Member a non-exclusive license to use the Avatar that is used when live streaming using the App and the Streaming Content that makes up such Avatar (including the use of videos or images created using such App and Streaming Content; “Secondary Use”) only for the purpose of live streaming using the App and promoting the viewing of such live streaming (excluding commercial purposes) to the extent that the identity of the Avatar is preserved (whether or not there is identity will be subject to the reasonable judgment of the Company) and the Streaming Content that makes up such Avatar subject to the Member’s compliance with these Terms, the Individual Terms, and any other terms established by the Company. The license under this paragraph (the “License”) cannot be sublicensed to third parties. The status as a licensee under the License cannot be transferred or assigned to a third party or otherwise disposed. The Company may suspend or revoke the License in whole or in part at any time.
• Unless expressly provided in these Terms, the Company does not grant to the Member a license to work or use any patents, utility model rights, design rights, trademark rights, copyrights, know-how, or other intellectual property rights owned by the Company.

• If the Member will be live streaming, the Member may use the music set forth in each of the items below during the live streaming in accordance with the terms and method specified by the Company, provided that the music set forth in item a may be used within the scope of the rights which have been licensed to the Company by the Japanese Society for Rights of Authors, Composers and Publishers (“JASRAC”) or NexTone Inc. (“NexTone”), and if the Member uses such music, the Member must register the information specified by the Company on the App in advance.
  • Music managed by JASRAC or NexTone
  • Music that the Company has expressly licensed for use through the method specified by the Company
• Notwithstanding the provisions of the preceding paragraph, the Company may request the Member to stop the use of any music listed in either item of the preceding paragraph at any time.
• The Member must not use any music other than those listed in either item of paragraph 1 (including the master copies of the CD audio sources and the like) while live streaming.
• Any liability for the use of music in violation of this Article will be borne by the Member who engaged in such use, and the Company will not be liable for such use.

The purchase and use of In-app Currency for the App will be subject to the Company’s In-app Currency Terms for the App. The Company’s In-app Currency Terms for the App may be viewed here and are hereby incorporated in these Terms by reference in this provision.

• The Member must obtain all clearances of rights (including confirming that the content of the Member-Furnished Information does not violate any law or regulation or infringe any intellectual property right of a third party) necessary for all information (including the content of live streaming; the “Member-Furnished Information”) that will be streamed, sent, posted, registered, or displayed (including setting up a username) (collectively, “Sent”) by the Member on or through the App at his or her own responsibility and expense (but excluding clearances of rights for Streaming Content that the Company has expressly granted to the Member a license to use under these Terms).
• Notwithstanding the provisions of the preceding paragraph, if the Member receives or may receive a claim alleging that the Member-Furnished Information violates any law or regulation or infringes any intellectual property right of a third party, the Member must immediately notify the Company, resolve such claim at the Member’s own responsibility and expense, hold the Company harmless against such claim, and compensate for any damages suffered by the Company.
• If the Member-Furnished Information Sent by the Member, any comment Sent by another Member in response to the live streaming by the Member, or any other Member-Furnished Information violates these Terms or is otherwise determined by the Company to be inappropriate, the Company may delete such Member-Furnished Information or not display it on the App without notifying the Member who Sent such information.
• The Member grants to the Company a license to implement filtering and the like of the Member-Furnished Information to the extent necessary to provide and promote the use of the App and the Ancillary Services and also grants a worldwide, royalty-free, sublicensable, and irrevocable license to use the Member-Furnished Information (including adaptations and the like). The term of the license will be the same as the duration of the licensed rights. The use of the Member-Furnished Information by the Company under this paragraph does not constitute an assignment of the copyrights in such Member-Furnished Information to the Company, but the Member must not exercise his or her moral rights or any other personal rights in such copyrights against the Company or a third party that has licensed such copyrights to the Company.
• With respect to information exchanged between Members and that can only be viewed by certain Members, unless otherwise provided in these Terms or the Company is required by law or regulation to view or furnish such information, the Company or a third party (excluding any third party that has been approved by a Member to view the information) will not view or furnish such information to the Company or such third party.
• The Company will have no obligation to make any backups of the Member-Furnished Information.

The Company will properly handle any information obtained by the Company for the purpose of providing the App (including the Member’s personal information and other privacy information) in accordance with the Privacy Policy for the App. The Company’s Privacy Policy may be viewed on the App and is hereby incorporated in these Terms by reference in this provision.

The Company prohibits any act regarding the use of the App (including Sending within the App) or Secondary Use that is determined by the Company to fall under any of the paragraphs below, whether or not there is any willful misconduct or negligence on the part of the Member (such acts are prohibited regardless of which service or function of the App is used to perform the act):

• Antisocial behavior
  • An act that violates an applicable law or regulation or is contrary to public policy and/or the use of this App that violates the applicable religious prohibition(s).
  • A criminal act or announcing in advance, being involved in, or encouraging a criminal act
  • Posting or registering any information that includes fraudulent, deceptive, false, or misleading content
  • Placing a burden on a server that exceeds the range of normal use or encouraging such an act, or otherwise interfering with or obstructing the operation or provision of the App or the use of the App by other Members, including engaging in such act through the use of misconduct, bug, automatic software, bot, hack, unauthorized mod, or any other unapproved third-party software or by using a bug or error in the Company’s App. (The Member agrees that, if he or she finds a bug, error, or the like in the App, the Member will not inform any person other than the Company.)
  • Infringing a third party’s intellectual property rights (patents, trademark rights, copyrights, trade secrets, etc.)
  • Damaging the reputation or good name of a third party or infringing privacy rights, publicity rights, or any other rights of a third party
  • Posting words and other expressions that may glorify, induce, or encourage suicide, self-harm, drug abuse, or the like
  • Harassing a third party in any way (e.g., stalking) or defaming a third party
  • Posting an expression that will lead to discrimination based on ethnicity, race, gender, age, or the like
• Obscenity, expression of violence, and acts relating to online dating
  • Posting photographs or the like of nudity with a high degree of exposure including underwear shots, close-up shots of the chest, buttocks, and the like, and shots that expose the genitals, and other pictures, images (videos), illustrations, and paintings that are determined to be obscene or posting words that represent sexual intercourse or genitals, or other obscene expressions, regardless of whether or not there is pixelization, blurring, or artistic qualities
  • Posting violent or grotesque photographs and any other images, words, and other expressions that will cause general Members to be offended
  • Posting expressions of sexual intercourse or expressions made with such intent on the App
  • Directing traffic to pornographic websites by, for example, adding a link
  • Posting links to child prostitution or pornography or to websites for downloading unedited video footage
  • Using the App to introduce sexually explicit products
  • All acts that the Company or others determine to be for the primary purpose of requesting or guiding people to online dating or the like with other members
  • Other acts that are determined to have a detrimental effect on the character formation and the like of minors (tattoos, drinking and smoking by minors, etc.)
• Commercial acts
  • Posting or sending messages of information for the purpose of buying, selling, or exchanging (including advertisement, announcement, or solicitation thereof) goods or services (unless approved by the Company), whether for a commercial or non-commercial purpose. Even information regarding a free seminar or the like will be deemed to constitute information that is prohibited from being posted under this item if goods will be sold at the seminar or the like or if it is a seminar where attendees will be entering into a contract.
  • The Member utilizing (in any manner, such as using, playing, reproducing, photocopying, selling, or reselling) for a commercial purpose all or part of the App provided by the Company (unless approved by the Company)
  • The Member using any information obtained through the App by reproducing, selling, publishing, releasing, or any other means that is not a private use by an individual, or causing a third party other than the Member to engage in a similar act
  • Sending or posting (including multi-posts, spams, chain messages, etc.) multiple messages of the same content for advertising, announcement, solicitation, and other purposes using a communication tool such as the profile section, comment feature, or the like, and leaving posts on a message board or the like that appear to differ from the objective of the message board participants
  • Posting or sending the following information:
    • Information that solicits third parties, such as a pyramid scheme, chain message, MLM (multi-level marketing), or the like
    • Information that directs traffic to an affiliate or a website where points or other benefits are earned by inviting people (unless approved by the Company)
    • Information that contains information products
  • All medical and quasi-medical practices (regardless of their form, such as the use of drugs, spiritual practices, healing stones and counseling), whether commercial or non-commercial (unless approved by the Company)
  • Collecting and storing, or attempting to collect or store, personal information of third parties (including other Members and non-Members)
• Posting and Use of personal information
  • Posting an individual’s email address, telephone number, license plate number, bank account number, credit card information, address, and other information that can identify an individual, whether it is information regarding the Member or a third party
  • Impersonating a third party by posting or registering false information (including name, date of birth, email address, address, and other personal information)
  • A person other than the Member using the App by using the Member’s account, even if permission has been obtained from the Member (whether or not permission has been obtained from the Member)
• Official notices
  • Engaging in any act that misleads or may mislead others into believing that the live streaming by the Member or any other Member is officially endorsed, supported, or provided by the Company, its parent company, or any other business operator
  • Engaging in any act that misleads or may mislead others into believing that the live streaming by the Member or any other Member is being streamed by an official streamer (refers to a business operator that enters into an individual streaming agreement with the Company and live streams on the viewing app)
• Misconduct
  • Encouraging an act such as hacking, cracking, or phreaking, or providing information that shows how to commit such an act
  • Sending a virus, worm, Trojan horse, Easter egg, time bomb, spyware, or any other computer code, file, or program that:
    • is potentially harmful or invasive;
    • can, or is intended to, damage or take over the operation of hardware, software, or other equipment; or
    • can, or is intended to, monitor the use of hardware, software, or other equipment
  • Engaging in any unsolicited advertisement, advertising material, junk mail, spam, chain letter, multi-level marketing, investment opportunity, or other solicitation
  • Engaging in stealth marketing (refers to (i) a business operator that provides goods or services furnishing, directly or through a third party, its own information to users of the App as a means of attracting customers by posting on the App or through some other method pretending to be a person unrelated to the business operator, (ii) at the request of the business operator, furnishing its own information to users of the App by posting on the App or through some other method pretending to be a person unrelated to the business operator, or (iii) any other similar act) or using for stealth marketing purposes
  • Sending a company’s non-public information or material that has not been properly authorized
  • Using the Company’s App with the intent of creating or assisting the creation of a software, automatic software, bot, hack, unauthorized mod, or any other unapproved third-party software that engages in misconduct
  • Using the App to defame, misuse, harass, stalk, threaten, or otherwise infringe the legal rights of a third party (including but not limited to privacy rights or publicity rights) or to collect personal information that identifies a Member of the App
  • Restricting or interfering with a third party’s use of the Company’s App by, for example, hacking or rewriting a part of the Company’s App
  • Revising, altering, creating an adaptation, translating, reverse engineering, decompiling, or disassembling any part of the App
  • Deleting any copyright, trademark, or other property right notice that is displayed on the Company’s App or materials derived from the Company’s App
  • Framing or mirroring any part of the App without the Company’s prior written consent
  • Creating a database by downloading information and materials on the App or through a system via the App and retaining such information and materials
  • Using a robot, spider, site search and analysis application, or any other manual or automatic device without the Company’s prior written consent to extract the available information and materials on or through the App, create an index, scrape, and collect such information and materials through data mining or any other method or to avoid or replicate the navigation structure or display of the App
  • Whether directly or in collusion with a third party, wrongfully increasing the number of viewers of certain live streaming and actual usage of content for the purpose of receiving Rating Points or otherwise attempting to wrongfully obtain Rating Points
  • Using the App for the purpose of money laundering or any other related circumvention of laws and regulations
• Other acts
  • Indiscriminately posting comments or messages
  • Political or religious activities (unless approved by the Company)
  • Intentionally or negligently inviting a Member whose account was suspended due to a violation
  • Obtaining an account for the purpose of committing a violation
  • Allowing a third party to use the Member credentials or transferring such credentials to a third party
  • Exchanging the right to use a part of the App for cash or other property or property benefit, or advertising, announcing, or soliciting such exchange
  • Members of the App engaging in an exchange of their respective rights to use a part of the App, or advertising, announcing, or soliciting such exchange
  • Indiscriminately leaving a large number of access history for the purpose of directing traffic
  • Encouraging the activities of antisocial forces or the like or providing benefits, whether directly or indirectly, to antisocial forces or the like by using the App
  • Any other act that the Company determines to be inappropriate based on reasonable grounds

• The Company will rate, through a method independently determined by the Company, each live streaming and the Member engaged in such streaming based on factors such as the content of the live streaming and the actions of other Members who view the live streaming (including the number of viewers, comments posted, and other actual usage of such content) and award points according to such rating (“Rating Point(s)”). If there is any fractional Rating Point, the Company may award the Rating Points after rounding to the nearest Rating Point on a daily basis. A Rating Point is valid for a period of six (6) months from the last day of the month (the “Award Month”) that includes the date on which the Rating Point was awarded (refers not to the date on which the Rating Point was reflected on the webpage specified by the Company in the App but to the date displayed on such webpage as the date on which the Rating Point was awarded).
• The Company may distribute revenue based on the Rating Points pursuant to the method specified below in relation to each of the following member categories. Distribution of revenue shall be made through a remittance service or reward exchange service provider designated by the Company for each method of revenue distribution (the “Affiliated Service Provider”), or by a method separately designated by the Company.
  • Members residing in Japan (“Member(s) Resident in Japan”): Either the method specified in Article 16-2 or that specified in Article 16-3, at the member’s option.
  • Members residing outside Japan (“Member(s) Resident outside Japan”): The method specified in Article 16-4.
• If the Member seeks a distribution of revenue under the preceding paragraph, the Member must link the App to one (1) or more SNS account specified by the Company according to the procedure established by the Company.
• Notwithstanding the provisions of each of the paragraphs above and Articles 16-2, 16-3 and 16-4, the Company may freely decide on and modify the calculation method of the Rating Points and the revenue distribution method at any time.

• The Company may pay to Members Resident in Japan JPY 1 of revenue distribution for each Rating Point (“Revenue Distribution (Members Resident in Japan)”).
• If the Member Resident in Japan wishes to receive Revenue Distribution (Members Resident in Japan), the Member must register all information specified by the Company, including the following information, on the webpage specified by the Company in the App:
  • Information regarding the financial institution and account to which payment will be made
  • Name of the holder of the account to which payment will be made
  • Name, address, and email address of the Member
• Each month (for purposes of this paragraph, the “Streaming Month”), the Company will pay the Revenue Distribution (Members Resident in Japan) calculated based on the Rating Points awarded for the live streaming conducted by the Member Resident in Japan up to the last day of the Streaming Month (even if the live streaming is conducted across two (2) consecutive months, includes only the Rating Points awarded for the live streaming conducted from 12:00 am to 11:59 pm on a day of the Streaming Month) deducted by the withholding tax by the last day of the month after the Streaming Month.
• On the first business day of the month after the Streaming Month (based on the Company’s business days; the “Account Determination Base Date”), the Company will make a payment, through the Affiliated Service Provider, of Revenue Distribution (Members Resident in Japan) under the preceding paragraph by transferring funds in Japanese Yen to the bank account registered pursuant to paragraph 2, provided that if the Member Resident in Japan registers or makes a change to the bank account on the Account Determination Base Date, the Revenue Distribution (Members Resident in Japan) may not be paid on the grounds that valid information is not registered as of the Account Determination Base Date. The bank transfer fee will generally be borne by the Company, but in the case of a second transfer following a failed transfer, the payment of dividends, or in any other event specified by the Company, the bank transfer fee will be borne by the Member Resident in Japan, and the Company will pay the payment amount deducted by the bank transfer fee.
• Notwithstanding the provisions of the preceding Article and each of the paragraphs above, the Company may refuse to pay Revenue Distribution (Members Resident in Japan) in any of the following cases, provided that the Company will not be liable for any damages suffered by the Member as a result of such nonpayment:
  • The information regarding any of the items listed in paragraph 2 is not registered or the registered information is invalid as of the Account Determination Base Date or the date of the Company’s payment processing of the Revenue Distribution (Members Resident in Japan)
  • The total amount of the Revenue Distribution (Members Resident in Japan) to be paid is less than JPY 6,000
  • The App has not been linked to a SNS account in accordance with paragraph 3 of the preceding Article

• The Company may exchange Rating Points with the gift codes or other benefits (“Benefits”) as selected by the Member Resident in Japan in accordance with the separate terms published on the App or a website regarding the App.
• If the Member Resident in Japan wishes to exchange Rating Points with Benefits under the preceding paragraph, the Member Resident in Japan will make such exchange in accordance with the procedure on the App established by the Company through the Affiliated Service Provider.

• The Company may pay a distribution in U.S. dollars based on the conversion ratio separately set forth in the App (the “Revenue Distribution (Members Resident outside Japan)”, and together with the Revenue Distribution (Members Resident in Japan), the “Revenue Distribution”); provided, however, that the Company may determine and change the unit price at any time for the conversion of Rating Points into Revenue Distribution (Members Resident outside Japan), and members shall comply with the Company’s decision.
• If a Member Resident outside Japan seeks the Revenue Distribution (Members Resident outside Japan), such member shall obtain an account at the money transfer service provided by the Affiliated Service Provider, and shall, on the web page separately designated in the App, register a valid account as the account information in respect of the App in order to receive the payment of Revenue Distribution (Members Resident outside Japan). For Rating Points awarded for live streaming conducted by Members Resident outside Japan, in the event that a Member Resident outside Japan enters the Rating Points on the webpage separately designated in the App and give an instruction to remit the Revenue Distribution (Members Resident outside Japan), the Company shall pay the applicable Revenue Distribution (Members Resident outside Japan) to the extent set forth in a. and b. below.
  • Maximum amount that can be remitted by one member: Amount determined by the Affiliated Service Provider
  • Minimum amount that can be remitted by one member: 2,000 Rating Points per remittance
• Payment of the Revenue Distribution (Members Resident outside Japan) in accordance with the preceding paragraph shall be made in U.S. dollars to the account which has been registered, as at the time the Member Resident outside Japan gives the instruction for the remittance, in accordance with paragraph 2. The remittance fee shall be borne by the Member Resident outside Japan, and the Company shall pay the remittance amount less the remittance fee (three (3) U.S. dollars or an amount separately designated by the Company). If it is determined that tax withholding in respect of the Revenue Distribution (Members Resident outside Japan) to be paid is necessary under applicable laws and regulations, the Company may withhold taxes, and the member shall comply with such withholding.
• Notwithstanding Article 16 and each of the paragraphs above in this Article 16-4, the Company may refuse to pay the Revenue Distribution (Members Resident outside Japan) in any of the following cases, provided that the Company will not be liable for any damage suffered by the relevant Member Resident outside Japan as a result of such nonpayment:
  • There is no valid account information registered in accordance with paragraph 2 as the account information in respect of the App in order to receive the payment of Revenue Distribution (Members Resident outside Japan) at the time the Member Resident outside Japan gives the instruction for remittance (including cases where the affiliated service provider deems the relevant account to be invalid).
  • The Affiliated Service Provider determines that the use of the money transfer service by the Member Resident outside Japan is impermissible.
  • The Company determines that the use of the App by the Member Resident outside Japan is unacceptable due to the occurrence of prohibited acts stipulated in Article 15 or for other reasons.
  • The total amount of Rating Points eligible for payment is less than 2,000 points.
  • The App has not been linked to a SNS account in accordance with paragraph 3 of Article 16.

• The Company may confiscate the Member’s Rating Points in any of the cases listed below, provided that the Company will not be liable for any damages suffered by the Member as a result of such confiscation:
  • The Member has violated these Terms or the Individual Terms
  • There was a significantly large number of views in a short period of time or the use of expensive content compared to normal use or the Company has otherwise determined, based on reasonable grounds, that there was a misleading act regarding any matter that is the subject of rating or any other misconduct relating to Rating Points
  • The account has been suspended or deleted pursuant to the following Article
  • The Company has discontinued or stopped providing the App
  • The Member did not receive a payment of Revenue Distribution for the Rating Points during the six (6) month period following the last day of the Award Month of the Rating Points (including cases where a situation that falls under any of the items in paragraph 5 of Article 16-2 was not resolved during the five (5) month period following the last day of such Award Month and, as a result, payment of Revenue Distribution could not be received)

• The Company may temporarily or permanently suspend or delete the Member’s account if any of the following applies to the Member. The Company will not be liable for any damages suffered by the Member due to such suspension or deletion and the Company will not refund any fees received from the Member.
  • The Member has violated these Terms or the Individual Terms
  • When registering personal information upon member registration or changing personal information after becoming a Member, there is false or fraudulent information or duplicate member registration
  • At least one (1) year has passed without using the App
  • The Company otherwise determines that the Member’s use of the App is inappropriate
• A Member whose credentials have been revoked by the Company cannot be registered again as a Member or use the service on the other account which he or she has already obtained (including the cases where the service is determined, based on the circumstances of the usage, etc., to be used by the same person, regardless of whether the service is used by the same terminal or by multiple terminals).
• If the Member discovers any violation of these Terms or the Individual Terms by another Member, the Member must promptly notify the Company using the reporting function provided by the Company.

• The App is provided “as is.” The Company makes no warranty of any kind (including warranty against defects in title, warranty against defective goods, warranty of fitness for a particular purpose, and warranty of non-infringement), whether express or implied, including the following:
  • The App will be free of interruption and error. The Company will not be liable for any operational or communication error, omission, interruption, deletion, defect, operational or transmission delay, communication line disturbance, or misappropriation, damage, unauthorized access, or falsification of any content or the Member’s communication or message.
  • The App (including any content and Ancillary Services in the App) or any information on, or obtained through, the App is accurate, complete, reliable, up-to-date, and free of error, and does not contain any virus or other harmful element.
• The Company will not be liable for any live streaming or anything else Sent by the Member.
• The Member must use the App at his or her own risk and the Company will not be liable for any matter regarding the other Members and live streamers of the App.
• The Member must use the App within the scope of the law. The Company will not be liable for any violation of Japanese or foreign laws by the Member in connection with the use of the App.
• The Company will not be liable for any damages suffered by the Member as a result of an interruption of services, suspension, termination, discontinuation, unavailability, or modification of the App by the Company, deletion or disappearance of the Member’s message or information, loss of Rating Points (including cases where they are confiscated under these Terms and cases where such loss resulted from an interruption of services, suspension, termination, discontinuation, unavailability, or modification of the App), cancellation of the Member’s registration, the loss of data or equipment malfunction or damage resulting from the use of the App, or otherwise in connection with the App.
• The Company shall not be liable for any damages incurred by Members in connection with a remittance service or reward exchange service provided by the Affiliated Service Providers or in connection with any other distribution of revenue in accordance with Rating Points.
• Even if there is a link from the App to a third-party website or a link from a third-party website to the App, the Company will not, for any reason whatsoever, be liable for the third-party website or any information obtained from such website.
• The App may be linked to an SNS account but no warranty is made with respect to such linking, and even if the App cannot be linked to an SNS account, the Company will not be liable.
• If the App is linked to an SNS account, the Member must comply with the external SNS terms of use at his or her own expense and responsibility, and even if a dispute arises between the Member and the provider that operates such SNS account, etc., the Company will not be liable for such dispute.
• Notwithstanding the provisions of the preceding paragraphs, if the Member has suffered damages arising from or in connection with the use of the App, the Member may make a claim against the Company for compensation for such damages, but only in cases where the Company is at fault. The Member also agrees that in any case, except when there is willful misconduct or gross negligence on the part of the Company, (i) the damages subject to such compensation will be limited to the direct and ordinary damages actually incurred due to the fault of the Company, and (ii) the cumulative amount of damages that the Company will pay to each Member will not exceed the total amount of the payments received by the Company from such Member in connection with the App.

• If the Company has suffered damages due to the Member’s violation of these Terms or the Individual Terms or in connection with the Member’s use of the App or Secondary Use, the Member must compensate the Company for such damages.
• If the Member receives a claim from, or if a dispute arises with, another Member, live streamer, SNS provider, or any other third party in connection with the App, the Member must immediately notify the Company of the details of such claim or dispute, handle such claim or dispute at its own expense and responsibility, and, at the request of the Company, report the progress and results thereof to the Company.
• If the Company receives a claim from another Member, live streamer, SNS provider, or any other third party for the infringement of rights or any other reason in connection with the Member’s use of the App, the Member must compensate for the amount that the Company was forced to pay such third party based on such claim.

• Any inquiry regarding the App or other communication or notice from the Member to the Company, notice regarding the amendment of these Terms, inquiry regarding live streaming, or any other communication or notice from the Company to the Member must be made through the method specified by the Company.
• If the Member receives an inquiry or any other communication from the Company regarding live streaming, the Member must take an appropriate response within the period established by the Company.

• If the Company determines that it is necessary for maintenance or any other purpose, the Company may modify, suspend, or cancel the App and the Ancillary Services at any time without notifying the Member.
• The Company may discontinue the App at any time at the Company’s convenience.

• The Member may cancel his or her membership in accordance with the procedure established by the Company.
• The Member will be deemed to have canceled his or her membership when the Company has issued a notice of completion of the cancellation procedure.
• Even if the Member cancels his or her membership, the Company will not refund any fees received by the Company in connection with the App.
• The Member agrees that, after the cancellation of membership, his or her account information cannot be restored.

• The Member must not use the Company’s confidential information obtained in connection with the App (including all information regarding the Rating Points under Section 16.1 and Revenue Distribution) for any purpose other than the performance of its obligations under these Terms and must not disclose or divulge such information to third parties without the Company’s prior consent, provided that the foregoing will not apply to any information that:
  • was already in the Member’s possession at the time of disclosure by the Company;
  • was publicly known at the time of disclosure by the Company or becomes publicly known through no fault of its own after disclosure by the Company;
  • was obtained from a third party that is duly authorized to disclose such information without assuming any confidentiality obligations; or
  • is obtained by the Member through independent development or the like without the use of any confidential information disclosed by the Company.
• Notwithstanding the provisions of the preceding paragraph, the Member may disclose confidential information of the Company if required by law or regulation or he or she receives an order, demand, or request from a court or government agency, provided that in the event of such order, demand, or request, the Member must promptly notify the Company accordingly.
• If confidential information of the Company is divulged, the Member must immediately notify the Company accordingly and take the necessary measures, at the Member’s own expense and responsibility, to minimize the Company’s damages.
• Upon the termination of contract under these Terms or at any time when requested by the Company, the Member will return or discard, without delay, confidential information as well as documents and other storage media that contain or include confidential information in accordance with the Company’s instructions.

• The Member must not assign or transfer to a third party, create a security in, or otherwise dispose his or her position under these Terms or rights or obligations hereunder without the Company’s prior written consent.
• If the Company has transferred its business pertaining to the App to a third party, the Company may assign its position under these Terms, rights and obligations under these Terms, and the Member’s registered information and other customer information to such third party in connection with such business transfer, and the Member will be deemed to have consented in advance to such assignment under this paragraph. The business transfer provided for in this paragraph includes not only normal business transfers but also divestitures and any other transfer of business.

If any provision of these Terms or part thereof is held to be invalid or unenforceable under the Consumer Contract Act or any other law or regulation, the remaining provisions of these Terms and the remainder of the provisions that are partially held invalid or unenforceable will remain in full force and effect, and the Company and the Member will strive to modify such invalid or unenforceable provision or part thereof to the extent necessary so that it is legal and enforceable and to achieve the same intent and legal and economic effect of such invalid or unenforceable provision or part thereof.

The App and other matters regarding these Terms shall be governed by the laws of Japan.

Any litigation or other dispute between the Member and the Company with respect to the App shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

If the User resides in any of the places listed below, the relevant terms shall apply:

• United States of America
  • CLASS AND COLLECTIVE ACTION WAIVER

    User and Company agree that any arbitration or court proceeding shall be limited to the Dispute between Company and User individually. USER ACKNOWLEDGE AND AGREE THAT:

    • A CLAIM BY, OR ON BEHALF OF, OTHER PERSONS, WILL NOT BE CONSIDERED IN, JOINED WITH, OR CONSOLIDATED WITH, THE ARBITRATION PROCEEDINGS OR ANY COURT PROCEEDINGS BETWEEN USER AND COMPANY;
    • THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED, ADJUDICATED, OR RESOLVED THROUGH COURT PROCEEDINGS ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND
    • USER WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS FOR ANY DISPUTE SUBJECT TO ARBITRATION OR ANY DISPUTE BROUGHT IN COURT.

  Any Dispute regarding the prohibitions in the prior sections shall be resolved by the arbitrator in accordance with these Terms of Use. If, for any reason, this class or collective action waiver is deemed unenforceable by a court or arbitrator, User agree that the parties’ contract to arbitrate is then void, and any ongoing or future Dispute will be submitted to a district court of competent jurisdiction within [Tokyo, Japan], to the exclusion of arbitration. Any Dispute at that time in arbitration will be dismissed without prejudice and refiled in a court. Under no circumstances do User or Company agree to class or collective procedures in arbitration or court proceedings or the joinder of claims in arbitration or court proceedings.

  
  
  • EXCEPTIONS

    Notwithstanding the above, User and Company agree that the following Disputes are not subject to the above provisions concerning negotiations and binding arbitration:

    • any Dispute seeking to enforce or protect, or concerning the validity of, any of Company’s intellectual property rights;
    • any Dispute related to, or arising from, claims that the other party has committed piracy, or tortious interference; and
    • any claim within the jurisdictional limits of the small claims courts.