- Article 1 (Definition)
When used herein, the following terms shall respectively have the meanings defined in the following items.
(1) “48CIRCLE Services” means various kinds of services for members which will be provided by AKS Inc. (hereinafter referred to as the “Company”) on various kinds of websites (hereinafter referred to as the “48CIRCLE” sites. ) related to sister groups of AKB48 in and outside of Japan.
(2) “Transaction”, means an act of ticket reservation, purchasing of paid or free of charge product made by the members of 48CIRCLE.
(３) “Service Provider” means a person who provides products or services handled in Transactions.
(４) “Member” means a person who has agreed to these terms and has been registered as a member of the 48CIRCLE Services by a prescribed method.
(５) “Members ID” means an ID which is to be held by each Member and will be required for the use of 48CIRCLE Services by the Member.
(６) “General Terms” means any terms related to cautions and guidelines for the use of 48CIRCLES services.
(７) “Member Information” means information on attributes of each Member disclosed to the Company by the Member, Such as history of transactions made by each member and other personal identification information.
- Article 2 (Status of Member)
１． Only Members who have been admitted by the Company may use the 48CIRCLE Services. However, Members are expected to understand in advance that the content of services available to Members may differ from Member to Member or be changed without prior notice due to circumstances of the Company, Company’s business partner and nature of force majeure.
２．Members are expected to understand in advance that the content of services available may be different depending on whether respective Members live in Japan or overseas.
３．Members may not transfer, sublease, pledge or otherwise dispose of, by whatever method, their status as Member or any right obtained from the Company through use of the services.
４． When entering Member Information, the person who will become a Member must carefully read cautions for making entry and register accurate information in the prescribed spaces. Under any circumstances registration by proxy is unacceptable.
５． The Company may reject membership registration made by persons who were disqualified as members in the past or any other persons who are deemed inappropriate by the Company.
- Article 3 (Membership Registration Procedures)
１． A minor who desires to sign up for the services shall obtain a consent by his/her guardian (person with parental authority or statutory agent). The Company may request necessary information such as the guardian’s name in order to confirm that consent has been given by the guardian of a minor who desires to sign up for the services and, in the case of failure in such confirmation, may not admit the minor to the 48CIRCLE Services.
２． A person who applied for admission to the 48CIRCLE Services is required to satisfy all the following conditions. If the Company judges that applicable person does not satisfy any of the following conditions, the Company may disapprove admission of the person to the 48CIRCLE Services. In the case it turns out after approval of admission that a Member does not satisfy any of the following conditions, the Company may revoke the membership of that Member:
・The person makes an application as an individual, not a corporation.
・The person must have payment metod as designated by the Company for the 48CIRCLE Services provided in and outside of Japan.
・The person has the right to receive the services as separately prescribed by the Company.
・The person has consented to these terms and the admission guidance.
・The person has not applied for use of, or made registration for, the 48CIRCLE Services.
・The person does not intend to use the services for any non-personal purpose (e.g. commercial purpose).・The person has never been disqualified as a member by the Company.
・The application for admission is free of false statement, error or omission.
・The person must be over the age of six.
3． In the case of any change in the registered information, the Member shall promptly register such change.
The Company shall not be liable for any damage caused by failure to notify any change. Even in the case any change is registered, transactions for which procedures have already been made before registration of the change shall be made on the basis of the information before registration of the change.
- Article 4 (Responsibility for Management of Member ID and Password)
In the case the Member ID and password used corresponds with the information already registered for the 48CIRCLE Services, the Company will deem that the services were used by the Member for himself/herself. The Company shall not be liable for any damage caused by the misuse or plagiarism of Member ID or password even if done so by third party member using illegal method.
- Article 5 (Obligations of Members)
１． Members shall comply with matters notified by the Company including relevant laws and ordinances, provisions of these terms, usage guidance and cautions and shall not make any act which would obstruct activities or operations of the Company.
２． Members must manage their respective Member IDs and passwords so that they will not be known to others.
３． Any Member who came to know actual or possible misuse of his/her own Member ID and password shall immediately notify the Company thereof without fail. Any damage caused by a Member’s failure of, or delay in, such notification to the Company is responsibility of the Member.
４． In connection with use of the 48CIRCLE Services, Members may not make any of the following acts listed in each item below:
・Act which would obstruct the operation of the 48CIRCLE Services.
・Act which would, or would likely, defame, dishonor or discredit or disadvantage the Company or a third party.
・Criminal act or act which would, or would likely, lead to a criminal act.
・Act of using, whether directly or indirectly, the 48CIRCLE Services for profit (which means, without limitation, an act of reselling tickets or goods purchased through the 48CIRCLE Services to an unspecified number of people through Internet auctions or by any other means for profit).
・Act of not paying a service fee within the payment period designated by the Company.
・Act of transmitting a large amount of information with an aim to obstruct stable operation of the services or transmitting any advertising information.
・Act of diffusing a computer virus program which would serve as a trigger to malfunction information and telecommunications equipment or destruction of information.
・Act of stealing or misusing any other person’s personal information, Member ID and password.
・Act of using any data, information, text, sound, image, illustration and other medium which was obtained through the 48CIRCLE Services for duplication, sale, publication, conversion for broadcasting or any other purpose beyond the scope of private use permitted under the Copyright Act.
・Act of infringing on any intellectual property right, privacy, portrait right or other right of the Company, any other Member or third party.
・Commercial act, missionary/solicitation activities of a religious group or advertising activities of a political group.
・Act in violation of any law or ordinance, administrative guidance, terms, moral or custom.
・Any other act which is deemed to be inappropriate by the Company on reasonable grounds.
５． In the case any Member makes any of the prohibited acts set forth in Paragraph 4 above or otherwise breaches any of these terms, the Company may take all or part of the following measures without being held liable for default:
・Admonition, warning or any other form of request for improvement.
・Restriction or suspension of use of all or part of the 48CIRCLE Services.
・Issuance of an order of withdrawal from the membership and filing of a claim for damages.
- Article 6 (Withdrawal from Membership)
Any Member who desires to withdraw from the membership is required to make withdrawal procedures for himself/herself. Upon completion of the prescribed withdrawal procedures, such Member shall withdraw from the membership.
- Article 7 (These Terms and 48CIRCLE Services)
１． These terms shall apply to all Members and shall be complied with by Members in registration procedures and in use of the 48CIRCLE Services after registration.
２． These terms shall apply to all cases where the 48CIRCLE Services provided by the Company are used by Members. Members who have signed up for the 48CIRCLE Services shall be deemed to have consented to these terms.
３． The 48CIRCLE Services are also governed by individual provisions, which constitute one (1) set of terms together with these terms. Therefore, Members are required to consent to all of the terms to use respective services. In the case there is any conflict between these terms and any individual provisions, the individual provisions shall prevail. With regard to the other matters, these terms and individual provisions shall apply concurrently.
４． When providing the 48CIRCLE Services, the Company may post explanation on the services. In addition to these terms Members shall also comply with such explanation on the services when using the 48CIRCLE Services.
- Article 8 (Suspension, Discontinuation and Termination of Services)
１． The Company may suspend or discontinue all or part of the 48CIRCLE Services at its discretion in any of the following cases:
・Where the Company regularly or urgently performs maintenance on any equipment installed or controlled by the Company in connection with the 48CIRCLE Services.
・Where any equipment installed or controlled by the Company has become abnormal, broken down or had a failure. Any event which prevents the Company from providing the 48CIRCLE Services for Members has occurred.
・Where a natural disaster, incident or any other emergency situation has occurred or is likely to occur.
・Where it is reasonably necessary to suspend or discontinue all or part of the 48CIRCLE Services under any other circumstances.
２． If not withstanding the provision of Paragraph 1 above, the Company may terminate the provision of all or part of the 48CIRCLE Services at its discretion at any time and does not guarantee the continued provision of the 48CIRCLE Services for Members.
３． The Company shall not be liable for any damage caused to Members by suspension, discontinuation or termination of the provision of the 48CIRCLE Services for whatever reason.
- Article 9 (Handling of Personal Information)
Matters related to handling of personal information about Members in the 48CIRCLE Services shall be governed by the “Terms of Handling of Personal Information” separately outlined by the Company’s guideline, which shall be agreed upon by the signing Member .
- Article 10 (Notice)
A notice from the Company to Members shall be made in the form of individual notices to Members or by posting the matters to be noticed on the website of the 48CIRCLE Services and shall take effect as from the time of such posting. In the case of using the method of individual notices, it is sufficient for the Company to make notices via e-mail addresses or any other points of contact registered or notified in advance by each Member.
- Article 11 (Damages)
Any Member who caused damage to a third party by an event attributable to himself/herself in the course of the use of 48CIRCLE Services shall be liable to compensate for the damage.
- Article 12 (Prohibition to transfer)
Each Member may not transfer, donate or lease his/her authority to use the 48CIRCLE Services or other status under the contract of use to any other person, whether for consideration or not, nor may pledge such authority or status as collateral.
- Article 13 (Transactions in 48CIRCLE Services)
１． Transactions between the Members and providers of the 48CIRCLE Services shall be made in the form of direct transactions between such Members and Service Providers.
２． Except where the Company acts as a Service Provider in a transaction, the Company will not be a party to the transaction. Therefore, should any trouble arise between a Member and a Service Provider in a transaction, such trouble shall be resolved between the Member and the Service Provider, and the Company shall not be liable in connection with the transaction.
- Article 14 (Exemption)
１． Each Member shall use the 48CIRCLE Services at his/her own responsibility. The Company shall not be liable for any damage caused by information, materials obtained by a Member through the use of the 48CIRCLE Services, nor be responsible for the content of information, materials and facts provided, including reliability and accuracy.
２． The Company shall not be liable for any failure in use of the services caused by an event attributable to a Member.
３． If the Company is prevented from providing the 48CIRCLE Services by a natural disaster, law or ordinance, administrative guidance, guidance of supervisory authorities, accident and force majeure. The Company shall be exempted from the responsibility for provision of the services.
４． The Company shall not be liable for any damage arising in a computer or network environment used by a Member during the course of use of 48CIRCLE Services.
５．The Company shall not be liable for any failure to hold an event due to a natural disaster, outbreak of plague, traffic strike, traffic conditions of a road, railway, air, etc., law or order, administrative action or other unavoidable event.
６． With regard to personal information entered or transmitted by customers for use of 48CIRCLE Services, the Company will pay adequate attention to confidentiality, strictly managing such information by means of encryption and other security measures. However, the Company does not guarantee to entirely prevent information from being leaked, lost or altered by any other person.
７．The Company does not guarantee that services provided by the 48CIRCLE Services will satisfy all requests for purchase from customers, nor provide any guarantee that the matters stated with respect to the 48CIRCLE Services are true (including that such matters will be carried out as stated).
８． In the case a Member uses a website linked by ID or any other partner website, the Member shall use such website at his/her own responsibility, and the Company shall not be liable for any damage arising thereon.
９．In the case the Company is liable for damages in connection with use of the 48CIRCLE Services by a Member, the Company shall have the liability for damages subject to the limit equivalent to the total amount paid by the Member to the Company in consideration of the 48CIRCLE Services provided. However, his shall not apply in the case damage is caused by intent or gross negligence of the Company.
- Article 15 (Matters to Be Consulted)
Any matters not prescribed herein or questions arising in interpretation of these terms shall be resolved through good-faith consultation between the Members concerned and the Company.
- Article 16 (Effect of Terms and Amendment)
1. The Company may amend these terms without obtaining individual consents of Members at its discretion in the cases set forth in the following items. In such case, these terms and the content and conditions of use of the 48CIRCLE Services shall be governed by the provisions after amendment.
(1) Where amendment of these terms conforms to the general interest of customers.
(2) Where amendment of these terms does not go against the purpose of contract and is reasonable in light of need for amendment, appropriateness of the terms after amendment, content of terms and other circumstances related to amendment.
2. When making amendment to these terms, the terms after amendment shall be posted on the website of the services at least one (1) month prior to the commencement date of application thereof designated by the Company and shall take effect from such commencement date of application.
3. If a Member uses the 48CIRCLE Services after effectuation of these terms after amendment, such Member shall be deemed to have consented to the amendment to these terms.
4．In the case any provision of these terms is judged to be invalid or legally unenforceable, the effect of such provision shall be limited to a minimum extent necessary or be lost, however, the other provisions in these terms shall remain completely valid and effective. Non-exercise of any right or provision herein by the Company shall not be deemed as waiver of such right or provision.
- Article 17 (Forced Withdrawal)
In the case a Member breaches these terms, the Company may force such Member to withdraw from the membership without prior notice. In such case, the Company will not refund any money for purchase of services or goods already paid by the Member or return any of the 48CIRCLE Services. Payment obligations outstanding at the time of withdrawal shall not be exempted even after withdrawal.
- Article 18 (Voluntary Withdrawal)
１． Any Member who desires to withdraw from the membership shall make procedures by a separately prescribed method. At the time of withdrawal of a Member, the Company will not refund any money for purchase of services or goods, etc. already paid by the Member. Payment obligations outstanding at the time of withdrawal shall not be exempted even after withdrawal.
２． If any person who has withdrawn from the membership desires to sign up for the services again, such person will be registered as a new member without carry-over of any services.
- Article 19 (Ruling Language and Governing Law)
“General Terms” will be prepared and interpreted in the Japanese language and be governed by the Japanese laws.
- Article 20 (Dispute Resolution)
In the case any problem unresolvable under these terms arises in connection with the 48CIRCLE Services, such problem shall be resolved through good-faith consultation between the Company and the Members concerned. In the case of resolution of a dispute by litigation, the Tokyo District Court will be the court of jurisdiction for the first instance.