- Introduction
- Revision and change of this AGREEMENT
- Definition
- Consent to this AGREEMENT
- Start of channel
- Brand channel
- Management and operation of the channel
- External applications and services
- Agreement for this SERVICE, compliance matters
- Responsibility for sales of Distribution tickets, etc.
- Arrangements for the Distribution ticket sales
- Cancellation of the Distribution ticket / live delivery
- Live Distribution and Content
- Guidelines for distributed Content
- Intellectual property rights, etc.
- Prohibited Acts
- Measures, etc. in case of violation of this AGREEMENT
- Damages
- Confidentiality
- Elimination of antisocial forces, etc.
- Termination of use of this SERVICE and responsibilities after termination
- Changes, interruptions, terminations, etc. of this SERVICE
- Denial of Warranty and disclaimer, force majeure, etc.
- Transfer
- Severability, Waiver and Interpretation
- Entire agreement
- Compensation
- Governing law and consensus jurisdiction, compulsory arbitration
- Survival clause
Thank you for considering contents distribution on Liveglobe and Liveglobe Commune!
This agreement (hereinafter referred to as “this AGREEMENT”) is the service ” Liveglobe “, ” Liveglobe Commune ” provided by Liveglobe LLC (hereinafter referred to as “COMPANY ” and the COMPANY will be called “we”, “our” or “us” in this AGREEMENT) and the service developed, and our development, and provided by COMPANY from time to time (hereinafter referred to as “this SERVICE”) shall be applied to all Channel Owners of this SERVICE who completed the channel creation under this AGREEMENT, which constitutes the AGREEMENT between Channel Owners and the COMPANY regarding this SERVICE.
This AGREEMENT is composed together with “Liveglobe Terms of Service”, and Channel Owner shall agree not only to this AGREEMENT but also to “Liveglobe Terms of Service”. We have created an English version as a reference for this AGREEMENT. In the case there is a discrepancy or inconsistency between the Japanese version and the English version, the Japanese version shall take precedence over the English version.
Article 1 Introduction
This SERVICE provides customers (all people or corporations who use this SERVICE, hereinafter referred to as “customer” excluding Channel Owner) with services that provide access to content on live music around the world, including social functions, and also provides owners of such content with functions and services for live streaming Distribution, on-demand distribution, and functions for monetizing content by means such as charging for the content. We also provide other products and services that we develop from time to time.
In addition, by using this SERVICE with the consent to this AGREEMENT, the Channel Owner shall conclude a legally binding contract regarding the use of this SERVICE with COMPANY. This AGREEMENT includes this AGREEMENT, additional supplementary provisions of this AGREEMENT, and provisions of our privacy policy that you agree to.
Article 2 Revision and change of this AGREEMENT
1. We may change or add to the contents of this AGREEMENT at any time at our discretion. Unless otherwise specified by us, the changed terms of use shall be on COMPANY’s website (https://app.liveglobe.com or http://www.liveglobe.com (for whatever reason, if the domain or content of the website is changed, the changed domain, etc. shall be included), and the changed terms of use shall be effective from the time it is posted on the changed domain, etc.
2. If the Channel Owner continues to use this SERVICE even after the change of this AGREEMENT, the Channel Owner is deemed to have agreed to the changed agreement.
3. The Channel Owner shall, at any time, check the latest contents of this AGREEMENT, for using the SERVICE.
Article 3 Definition
The meaning of the terms in this AGREEMENT shall be as set forth in each item.
(1) Content：
Live-streamed content delivered by this SERVICE. The Channel Owner who opened the channel may register the content. On the Liveglobe and Liveglobe Commune services, it includes what is simply described as “live”, including streaming, archived, and video distribution.
(2) Membership Customers：
The customer who has registered as a member and obtained an account through this SERVICE (including both Liveglobe and Liveglobe Commune)
(3) Channel：
A channel created by performing the registration process required to create and operate a live page with this SERVICE. Main unit of live performance
(4) Channel Owner：
A member who opened a channel after the consent to the “Liveglobe Distributor Terms of Service” within this SERVICE. A member who manages the operation regarding the channel such as live page creation.
(5) Artist:
Those who are expressing and performing in the Content.
(6) Distribution ticket:
A ticket that the customer purchases (including free of charge) or obtains from this SERVICE, and is granted the right to view the paid Content of the target live within this SERVICE before the expiration date.
(7) Throwing money:
The functions that enable the customer to obtain the right to use the service that delivers support messages, impressions, comments, etc. to the Channel Owner’s activities and the Contents by paying the usage fee.
(8) Intellectual property rights:
Copyrights (including the rights of Articles 27 and 28 of the Copyright Act in Japan), patent rights, utility model rights, trademark rights, design rights and other intellectual property rights including the right to apply for registration, etc., and ideas, know-how, etc.
(9) Live page: A web page related to Content created by this SERVICE.
Article 4 Consent to this AGREEMENT
Channel Owners of this SERVICE are intended to use this SERVICE in accordance with this AGREEMENT, and shall NOT be able to use this SERVICE as long as they do not agree to these terms. In addition, the Content specified by the document etc. COMPANY sends or distributes with respect to this SERVIC shall constitute a part of this AGREEMENT.
Article 5 Start of channel
1. Customers who apply for channel registration (hereinafter referred to as “Channel Owner applicants”) may start the channel by the consent to this AGREEMENT and registering the information necessary to start the channel.
2. After registering the information necessary to start the channel, the customer qualifies as the Channel Owner to create live pages, sell Distribution tickets, and use as a recipient of the money transfer function.
3. If you wish to become a Channel Owner, you must provide us with true and accurate information when providing registration information. The COMPANY shall NOT be liable for any damages caused to the Channel Owner applicant or the Channel Owner due to false, incorrect or omission of the registered information.
4. If there is a change in the registered information, the Channel Owner applicant or the Channel Owner shall notify the COMPANY of the change without delay by the method specified separately by the COMPANY. If the notice from us is not delivered due to failure to make this notice, the notice is considered to have arrived at the time when it should normally arrive.
5. Channel Owner applicants must meet the requirements of each of the following items.
(1) in countries where customers live, adult, and to meet the equivalent of identity, minors, an adult ward, one of the people under curatorship or person under assistance, and is the equivalent of identification, in the case, the consent of a person who has the same rights as a legal representative, guardian, assistant, etc. must be obtained.
(2) to have the ability to enter into legally binding contracts with the COMPANY and are not prohibited from entering into such contracts under applicable law.
(3) to be the resident in the country where people may receive the SERVICE.
6. If you want to use functions that involve payment processing, such as the use of the Throwing money, you need an account for the payment service Stripe (https://stripe.com/jp) used by this SERVICE. The Stripe account includes account information used when making payments for services and products bought and sold through this SERVICE, and by associating the registered channel information with the Stripe account through the channel registration editing process, the purchase and sale of the Distribution tickets and the Throwing money made in this SERVICE is carried out in the registered account. Channel Owner applicants shall understand and agree to Stripe ‘s terms and conditions before creating a Stripe account.
7. Information related to payment processing and payment processing (account information, etc.) is implemented and managed by Stripe, and is not managed on this SERVICE. For this reason, the management responsibility of such information, including account information the COMPANY shall NOT be liable.
8. The payment service Stripe used in this SERVICE may perform a test process to check the account status of the Channel Owner, but since it is always executed in combination with the offset process, there is no loss for the Channel Owner.
Article 6 Brand Channel
- When a customer opens a channel on behalf of a company, organization, corporation or brand (hereinafter referred to as “Brand”) (hereinafter, the brand used is referred to as “Brand”, and the channel to be opened is referred to as “Brand Channel”). The terms “customer” and “Channel Owner” used throughout this AGREEMENT apply to both you and your Brand. When you open a Brand Channel, you represent and warrant that you have the right to grant all of the consent and licenses set forth in this AGREEMENT and to bind the Brand under this AGREEMENT.
- The Brand may use this SERVICE only if the Brand does not act in a manner that suggests endorsement or commercial relationship between the Brand and users, artists, composers or others followed. Unless the Brand separately acquires the right to suggest such support or commercial relationship.
- The Brand must transparently disclose to other customers the support or consideration provided to the artist, composer, or others, and if involved in any of the above actions, you shall comply with all laws, rules and codes of conduct that will apply.
Article 7 Management and operation of the channel
1. The management and operation responsibility of channels including such as creating a live page, the Distribution ticket of buying and selling, Content delivery, shall be attributed to the Channel Owner who registers and hold the channel.
2. The management and operation responsibility of channels by a third party other than the Channel Owner (for example, the label creates the channel and the artist creates the live page) shall be assumed that the registered Channel Owner has used this SERVICE and shall be attributed to the Channel Owner.
3. The Channel Owner shall be liable for damages caused by insufficient channel management or use by a third party, and the COMPANY shall NOT be liable at all.
4. If the Channel Owner finds that the channel has been stolen or used by a third party without the permission of the Channel Owner, the Channel Owner will immediately notify the COMPANY and consider measures in consultation with the COMPANY. In addition, in consultation with the appropriate organization, the Channel Owner shall proactively take appropriate measures, and the Channel Owner shall follow the instruction from the COMPANY if any.
Article 8 External applications and services
1. This SERVICE may integrate with or interact with third party applications, websites and services (hereinafter referred to as “external applications”) and the third party devices so that the customer may use this SERVICE.
These external applications and devices may have terms of use for such applications and devices and their privacy policy and other terms (hereinafter referred to as “external terms”) and the external terms apply to the customer, and the customer shall be deemed to have agreed to the external terms.
You shall understand that the COMPANY shall NOT warrant guarantee or be liable for the nature, characteristics or content of each external application or device or any transaction you enter into with the provider of such external application or device.
2. You may be able to use the information registered in your account for external services (including Google, Facebook, Twitter, etc.) for the registration and authentication of this SERVICE. In this case, you shall agree to the COMPANY to obtain registered information, including personal information, from external services.
3. In addition to the provisions of the preceding paragraph, when the customer uses the function of the external service when using this SERVICE, the Channel Owner shall comply with not only this AGREEMENT, but also the terms of use and other conditions specified by such external service, and the Channel Owner shall be responsible for violations of the terms of use and other conditions specified by such external service.
4. Regarding external services, the third party who provides the external services shall be responsible, and the COMPANY shall NOT guarantee any external services.
Article 9 Agreement for this SERVICE, compliance matters
1. When the channel start registration according to the provisions of this AGREEMENT is completed, this AGREEMENT shall be executed and entered into between the Channel Owner and the COMPANY.
2. The Channel Owner shall comply with this AGREEMENT and the precautions specifically stated by the COMPANY when creating live performances using this SERVICE and conducting economic activities such as selling related Distribution tickets.
3. When creating a live page, the Channel Owner shall comply with the following items.
(1) Information about the live or streaming Distribution that the customer should be aware of (including, but not limited to, date and time, streaming distribution address, location, precautions, etc.) and other necessary information are accurate.
(2) If there is an error or change in the information related to live or streaming distribution, promptly correct or change the information.
(3) Do not infringe the Intellectual property rights of third parties
(4) Do not post other information that we deem inappropriate
4. A sales contract for live Distribution tickets, etc. is concluded between the Channel Owner and the customer, and the COMPANY is not a party to the sales contract for live Distribution tickets, etc.
5. When we confirm the payment of the Distribution ticket etc. by the customer and the purchase of the live Distribution ticket etc. is displayed in the purchase history of the customer’s account, the sales contract regarding the live Distribution ticket etc. between the channel owner and the customer shall be concluded.
Article 10 Responsibility for sales of Distribution tickets, etc.
1. Regarding the sale of the Distribution tickets, etc., any dispute or trouble that occurs between the Channel Owner and the customer, or between the Channel Owner and a third party (including but not limited that the trouble caused by the description of live information, personal information by a third party, etc., images, videos, texts, sounds and other information may be used for purposes other than the intended purpose), and it shall be resolved at the expense and responsibility of the Channel Owner, and we shall NOT be liable at all.
2. Expenses (including, but not limited to, settlement fees and attorney’s fees, etc.) required by the COMPANY to resolve the dispute or trouble caused by the dispute or trouble related to the sale of Distribution tickets, etc. listed in the preceding paragraph, the Channel Owner shall pay the amount of the expenses related to the payment specified by us. The cost of payment shall be borne by the Channel Owner.
Article 11 Arrangements for the Distribution ticket sales
1. We shall have the right to receive the ratio (12 %) of the Distribution ticket purchase price set by us as the usage fee of this SERVICE, and the remaining amount will be paid to the Channel Owner. The amount to be paid will be the amount after deducting the usage fee of the payment service (Stripe). In addition, if a campaign related to this SERVICE planned by the COMPANY is applied separately, the said ratio of the usage fee of this SERVICE may be changed.
2. The amount paid to the Channel Owner will be transferred to the account registered by the Channel Owner with the payment service Stripe in units of the Distribution tickets. The transfer will be made when the payment is completed on Stripe and the transfer process is performed.
3. If a refund of a live Distribution ticket, etc. occurs to the customer, regardless of the reason, the refunded amount and the refund administration fee amount related to this SERVICE shall be deducted from the product price, or the Channel Owner shall pay to the COMPANY by appropriate means.
4. Depending on the country and currency of the Distribution ticket purchaser, a certain exchange fee may be required. Also, please check the terms and conditions of the payment service Stripe for currency conversion methods.
Article 12 Cancellation of the Distribution ticket / live delivery
1. When the customer pays the Distribution ticket etc. with a credit card, and the credit card company has revoked the approval for the payment due to chargeback (for the payment, due to unauthorized use of the credit card or other reasons) before the payment of the product price to the Channel Owner, the COMPANY may refund to the credit card company at our sole discretion without any notification to the Channel Owner. In this case, the COMPANY shall NOT be obliged to pay the product price for the settlement to the Channel Owner, and shall NOT be obliged to collect the fee for the product price.
2. As a general rule, it shall NOT be possible to cancel a live that has started selling the Distribution tickets. If the implementation of the live Distribution has become difficult due to a compelling reason, the Channel Owner shall take measures such as carrying out at a later date in the form of a live postponement etc. At that time, the Channel Owner shall process the refund of the live Distribution ticket (REFUND), and take appropriate measures such as telling the changed live schedule information in the comment sent to the customer who purchased the Distribution ticket at the time of refund.
3. If the live is canceled due to the Channel Owner, or if the date is changed, the venue is changed, the live streaming address is not registered or the registration is incorrect, and the customer is refunded the price of the live Distribution ticket etc., such refunds will be processed by the Channel Owner, and the Channel Owner shall be responsible for the cancellation fee.
4. If live streaming is difficult due to reasons solely attributable to us, or for any other reason not attributable to us, the Channel Owner shall view the Content on the live page at a later date at the Channel Owner’s responsibility through recording the live video etc.
Article 13 Live Distribution and Content
1. The Channel Owner may perform the streaming delivery regarding the Content (including a live performance) using this SERVICE and the Channel Owner may sell the Distribution ticket to customers.
2. The Channel Owner may decide the price of the Distribution ticket for each live performance.
3. The Channel Owner may decide which streaming service to use for each live. If you want to hold a paid distribution ticketed live, you may use the streaming address provided by the Liveglobe which enables a viewing restriction on a site other than Liveglobe. As of March 2021, Vimeo, Youtube, AWS are available.
4. For live registration, you may select either paid distribution ticket system or free live (the Distribution ticket not required) for each live, and you may use the Throwing money function at any live. For the Throwing money function is the function that the customer can set an arbitrary amount from the live details screen, and purchase the right to send comments directly to the Channel Owner, and we will return to the Channel Owner by deducting a certain percentage as the platform usage fee of this SERVICE. Payment shall be made and performed through Stripe.
5. We provide Channel Owners with a platform for streaming and selling streaming tickets, but we shall NOT be a party to the distribution. In addition, the Channel Owner is solely responsible for the delivered Content and advertising for streaming distribution, and the COMPANY shall NOT be responsible for it.
6. When the streaming distribution ends, the distributed Content will be stored on this SERVICE for the period specified by the COMPANY after the streaming distribution ends. During that time, customers with a live ticket may view the live archive unlimitedly. The customers may also set paid / free tickets and use the Throwing money function for archive distribution.
7. If the period specified in the preceding paragraph has passed, the delivered Content will be deleted from this SERVICE.
8. We shall NOT guarantee that this SERVICE will not be interrupted, discontinued, or otherwise disturbed.
9. If the distribution is interrupted or canceled due to line trouble (not limited to this), the Channel Owner shall compensate for the trouble by uploading the archive on this SERVICE depending on the situation. However, if the Channel Owner’s negligence, intentional non-delivery of live distribution, or non-registration in the archive during distribution is confirmed, the Channel Owner shall compensate to the customer and the COMPANY for such troubles through refunding the Distribution ticket price after compensating for the specified fee.
10. The Channel Owner shall be responsible for all equipment, communication means, stage, and other distribution-related environments required for live distribution.
11. The Channel Owner shall complete all rights processing related to the Content distributed on the channel before distribution. If the right holder points out a copyright violation, etc. due to the distribution of the content, the Channel Owner who is the distribution party shall be liable for it.
12. For archive Distribution, the Channel Owner can choose to prepare the streaming address for distribution independently or provide it from us. You may select from the stream URL selection on the live page creation page.
Article 14 Guidelines for distributed Content
The Channel Owners shall comply with the guidelines set out below regarding the content to be delivered, the code of conduct regarding the content to be delivered, and the technical means regarding the content to be delivered.
Content to be delivered (forbidden Content):
- using the material including copyright and other rights of a third party (eg : trademark rights , privacy rights) such as movies, music, TV programs
- Sexual content, sex industry or pornography
- Hatred, harassment, invasion of privacy, defamation, slander and discriminatory remarks
- Content that expresses or encourages violence, extreme or real violence, self-harm, or atrocities against animals
- Content that makes false or misleading claims about vaccine safety or claims that a major disaster is a hoax
- Anything that can cause physical or property damage, threatens the safety of customers or the public, or encourages or praises harm to others.
- Promotes self-harm, eating disorders, and substance abuse
- Other things that are offensive to public order and morals
Action Guidelines for Content to Be Delivered (Forbidden Actions):
- use of the name and image videos discomfort (for example: obscene language, nudity)
- Rude attitudes and behaviors
- Harassment and stalking
- Hate expressions and discriminatory remarks
- Spam
- Abuse of personal information
- Unauthorized use of another person’s account
- Engaging in illegal acts or aiding or assisting them
- Acts involving others in any of the above acts
Technical means (forbidden behavior) regarding the Content to be delivered:
- scraping, re-use, create derivative works (for example: decompile / reverse engineering / Alter / archive / decomposition), security protection / filter / Rate limiting / Acts of avoiding digital rights management (excluding those provided for in laws or regulations, and those authorized by Liveglobe)
- Built-in transmission of malicious computer programs, scripts and code
- Unreasonable demands and server usage
- Acts that operate, impair, or interfere with this SERVICE
- Even if it is not included in the above, it includes content, actions, and means that we deem inappropriate.
Article 15 Intellectual property rights, etc.
- When creating a live page and selling a Distribution ticket using this SERVICE, the Channel Owner shall sell only the live Distribution ticket that the Channel Owner has the authority to carry out, and distribute it for the promotion of the distribution live, and the Channel Owner shall use only the Content for which the Channel Owner has legal rights when sending by posting related to tickets or other methods and the Channel Owner shall NOT infringe the rights of third parties.
- All Intellectual property rights related to this SERVICE shall belong to the COMPANY or a third party who legally licenses us, and the Channel Owner shall be assumed to only acquire the right to use this SERVICE, and shall NOT be assumed to obtain the license of Intellectual property rights.
- The Company shall have the right to use the purchase quantity of the Distribution tickets, purchase frequency, country of purchase, attributes of Channel Owners, attributes of customers who purchased the Distribution tickets, and all other information obtained by using this SERVICE by the Channel Owner, freely, free of charge, indefinitely, and without any restrictions including the area. In addition, the provisions of this clause shall continue to be valid even after the Channel Owner terminates the use of this SERVICE.
Article 16 Prohibited Acts
The Channel Owner shall express and warrant to the COMPANY that the Channel Owner shall NOT perform the acts specified in the following items (including acts that induce them and preparatory acts) when using this SERVICE.
- Acts that violate Japanese laws and other applicable national and regional laws
- The act of directly receiving the product price or the price that should be substantially the same as the product price from the customer regardless of the system or procedure specified by the COMPANY.
- The act of forming a Distribution ticket, etc. containing the following information using this SERVICE and the act of displaying the following information on this SERVICE
- Information that damages the honor, credit or other rights and interests of the COMPANY, other Channel Owners, or other third parties
- Information containing overly violent or cruel expressions
- Information including computer viruses and other harmful programs
- Information containing obscene expressions
- Information containing expressions that encourage discrimination
- Information including expressions that encourage suicide or self-harm
- Information containing expressions that encourage improper use of drugs
- Information including antisocial expressions
- Information that requires the spread of junk mail, spam mail, chain mail, etc. to third parties
- Information including illegal solicitations, promotions, etc.
- Information that includes expressions that make others uncomfortable
- Information aimed at meeting unfamiliar opposite sex
- Information that violates legal guidelines and other legal norms
- Information similar to the above
- The act of posting a program that destroys or interferes with the functions of software or hardware used by a third party.
- Acts that destroy, damage, or interfere with the functionality of our servers or networks.
- Acts that stop or interfere with this SERVICE, advertisements delivered by the COMPANY, or service advertisements provided on our site
- The act of collecting and accumulating the history information, personal information, attribute information, etc. of a third party without the permission of the third party.
- Acts of using this SERVICE or information obtained through this SERVICE for the purpose contrary to the purpose of provision
- The act of illegally acquiring the login information of a third party or the act of using this SERVICE using the login information
- The act of obtaining login information from another person or disclosing and providing the login information to another person regardless of the type of means.
- In connection with the SERVICE, the act of providing a benefit to Antisocial forces (defined in the Article 20.1(1)) directly or indirectly
- Acts of using all personal information such as ticket purchasers and Throwing money obtained through this SERVICE other than this SERVICE
- Acts that violate our guidelines
- Other acts that the COMPANY deems inappropriate in accordance with the above.
Article 17 Measures, etc. in case of violation of this AGREEMENT
1. If we determine that the Channel Owner falls under or may fall under any of the following items, we will suspend the use of this SERVICE or restrict the use of this SERVICE at our discretion without giving any notice. We shall be able to take all measures that we consider necessary (hereinafter referred to as “suspension of use, etc.”), such as restrictions, prohibition of future use, deletion of accounts, etc.
(1) When the prohibited acts specified in Article 16 (Prohibited Acts) have been performed or are likely to be performed.
(2) If you violate any of the provisions of this AGREEMENT or receive a report that you have violated it.
(3) When there is a risk of infringing the Intellectual property rights, privacy rights, portrait rights and other rights of a third party.
(4) When a trouble occurs with another customer, media, the COMPANY, or a Channel Owner regarding the use of this SERVICE, and it is found that there is a reason attributable to the Channel Owner for the trouble.
(5) When it is found that all or part of the information provided to us is false.
(6) When the Channel Owner has suspended or become insolvent, or has filed a petition for the commencement of bankruptcy proceedings or the equivalent proceedings.
(7) If there is no response to inquiries from the COMPANY or other communications or notifications requesting answers for 20 days or more.
(8) If you have any interaction or involvement with Antisocial forces (defined in the Article 20.1(1)) or a funding other through maintenance of antisocial, etc. cooperating or involved in the management or management of Antisocial forces.
(9) When there are other reasons corresponding to the preceding items.
2. The Channel Owner is not exempt from all obligations and obligations under this AGREEMENT to the COMPANY and third parties even after the suspension of use.
3. The COMPANY shall NOT assume any responsibility for damage caused to the Channel Owner by the measures made by the COMPANY under this section.
4. If the Channel Owner violates the provisions of this AGREEMENT or guidelines and causes damage to the COMPANY, the Channel Owner shall compensate for the damage of the COMPANY.
Article 18 Damages
1. The COMPANY shall NOT be liable for any damages regarding the use of this SERVICE by the Channel Owner.
2. Notwithstanding the preceding paragraph and other provisions of this AGREEMENT, if the Consumer Contract Law is applied in the relationship between the COMPANY and the Channel Owner, and if the Channel Owner suffers damage due to the intentional or gross negligence of the COMPANY, the COMPANY will compensate for damages within the scope of an equivalent causal relationship.
3. If the channel owner does not respond to the request for damages to the Channel Owner by the COMPANY, we may obtain an account (including personal information etc.) from services such as Stripe and make a claim to the account subject. The Channel Owner shall promptly respond to the request from the COMPANY.
4. Even if we are liable for any damages to the Channel Owner, the scope is limited to direct and ordinary damages caused to the Channel Owner, and we shall NOT be responsible for special damages, indirect damages, consequential damages, incidental damages and lost profits (including compensation for sales when live Distribution tickets are refunded). In addition, the total amount of liability that we owe to the Channel Owner is limited to the total amount that we receive from the Channel Owner as consideration for this SERVICE related to the cause of the damage.
Article 19 Confidentiality
1. The Channel Owner shall treat the non-public information disclosed by the COMPANY as confidential in connection with this SERVICE, except with the prior written consent of the COMPANY.
2. Whenever requested by the COMPANY, the Channel Owner shall, without delay, return or dispose of the information set forth in the preceding paragraph, the document or other recording medium containing or recording the information, and all copies thereof, etc., in accordance with the instructions of the COMPANY.
Article 20 Elimination of antisocial forces, etc.
1. The COMPANY and the customer shall express and guarantee the following items to the other party.
(1) Itself and its officers (meaning directors, executive officers, corporate auditors, or equivalent persons) shall NOT be gangsters, gangster associate members, gangster-related companies, general assembly houses, social movements, a Goro, a special intelligent violent group, or any other equivalent (hereinafter collectively referred to as “Antisocial forces”), and shall NOT have a socially criticized relationship with Antisocial forces.
(2) Not to use Antisocial forces for the purpose of benefiting a third party or for the purpose of damaging a third party, or provide funds, etc., or provide convenience to Antisocial forces and not to have a relationship that is recognized as cooperating with or involved in the maintenance and operation of Antisocial forces.
(3) Not to conclude this AGREEMENT by letting Antisocial forces use their own name and the consent to this AGREEMENT.
(4) Not to use threatening behavior or violence against the other party, using a third party, disseminating rumors, obstructing the other party’s business or damaging the credibility by using counterfeiting or power, unreasonable demands beyond legal responsibility, and other acts.
2. If the other party violates the representations and warranties set forth in the preceding paragraph, the COMPANY and the customer may cancel this AGREEMENT without giving any notice or notification.
3. The COMPANY and the customer shall NOT be required to compensate for any damages caused to the other party by canceling all or part of this AGREEMENT pursuant to the provisions of the preceding paragraph. In addition, the party who violates this article shall compensate for any damages caused by the violation.
Article 21 Termination of use of this SERVICE and responsibilities after termination
The Channel Owner may cancel this AGREEMNENT by a method separately determined by the COMPANY. However, even after canceling this AGREEMENT, the Channel Owner shall NOT be exempt from all obligations and obligations under this AGREEMENT to the COMPANY and third parties that occurred before the cancellation.
Article 22 Changes, interruptions, terminations, etc. of this SERVICE
1. The COMPANY shall be able to change or add all or part of the contents of this SERVICE without notifying the customer in advance.
2. We may terminate this SERVICE at our discretion by notifying the customer in advance by posting on this SERVICE or on the website operated by COMPANY or by any other method that we deem appropriate. However, in case of emergency, we may not notify you.
3. The COMPANY shall be able to temporarily suspend part or all of this SERVICE without notifying the customer in advance in the event of any of the following reasons.
(1) When performing regular or urgent maintenance or repair related to communication equipment for this SERVICE
(2) When the load is concentrated on the system due to excessive access or other unexpected factors
(3) When it becomes necessary to ensure the security of customers and third parties
(4) When the services of the telecommunications carrier are not provided
(5) When it is difficult to provide this SERVICE due to force majeure such as natural disasters
(6) When it is difficult to provide this SERVICE due to fire, power outage, other unexpected accidents or war, conflict, turmoil, riot, labor dispute, etc.
(7) When the operation of this SERVICE becomes impossible due to laws and regulations or measures
(8) Other cases where the COMPANY deems it necessary in accordance with the preceding items
4. The COMPANY shall NOT be liable for any damages caused to the customer due to the measures taken by the COMPANY based on this article.
Article 23 Denial of Warranty and disclaimer, force majeure, etc.
1. The COMPANY shall NOT warrant the expected sales of the Channel Owner, other suitability for a specific purpose, economic value, accuracy, usefulness, completeness, legality, and application to the Channel Owner, conformity to the internal rules of an organization, no security flaws, errors, bugs or defects, and no infringement of the rights of third parties.
2. The COMPANY shall NOT warrant that this SERVICE is compatible with all information terminals and the OS version of the information terminal, and with the upgrade of the OS of the information terminal used for using this SERVICE, etc., and the Channel Owner acknowledges in advance that there may be malfunctions. The COMPANY shall NOT warrant that the problem will be resolved by modifying the program that the COMPANY makes when such a problem occurs.
3. The COMPANY shall NOT be liable for any delay in the performance of the obligations under this AGREEMENT due to the circumstances set forth in the following items, resulting in incomplete performance or inability to perform.
(1) Natural disasters, fires or explosions
(2) Infectious diseases (including but not limited to COVID-19)
(3) Terrorism, war, conflict or civil war
(4) Revolution or division of nation
(5) Administrative disposition or order disposition by public authority
(6) Riot
(7) Strike or lockout
(8) Failure of equipment and facilities (including external servers and systems), communication failures, system maintenance, or power outages for the operation of this SERVICE (9) When other situations similar to the previous items occur
Article 24 Transfer
1. You shall NOT assign, succeed, set collateral, or otherwise dispose of your rights or obligations under this AGREEMENT, or your status under this AGREEMENT, except with our prior written consent.
2. You shall agree in advance that the COMPANY shall be able to transfer the status, rights and obligations under this AGREEMENT, registration information and other information about the Channel Owner to the transferee or successor of the business transfer, etc. in connection with the business transfer, etc.,if the COMPANY transfers the business related to this SERVICE to a third party, or the business related to this SERVICE is comprehensively succeeded by a merger or COMPANY split in which the COMPANY becomes an extinguished COMPANY or a split COMPANY.
Article 25 Severability, Waiver and Interpretation
Any provision of this AGREEMENT, even when it is determined to be invalid or unenforceable by Consumer Contract Law or other laws, the remaining provisions and terms, the rest of the provisions determined to be in full force and to the extent necessary for the operation and members to make the invalid or unenforceable provisions or parts legal and enforceable. We will amend and endeavor to ensure the purpose of the invalid or unenforceable clause or part and the legally and economically equivalent effect.
Even if the COMPANY or each third beneficiary does not exercise the right under this AGREEMENT or its respective provisions, the COMPANY or the third beneficiary shall NOT be deemed to waive the right to exercise it.
Article 26 Entire agreement
Except as set forth in this section or as expressly agreed in writing between you and us, this AGREEMENT provides for the terms and conditions agreed between you and us with respect to the subject matter of this AGREEMENT, and this AGREEMENT constitutes everything and shall supersede prior agreement, whether written or verbal.
However, please note that some of your use of this SERVICE may be subject to additional contracts. Some of these additional terms are posted on our website. In the event of an incompatible conflict between each additional clause and these terms, the additional clause and these additional terms shall prevail.
Article 27 Compensation
You shall agree that you compensate to us and disclaim our liability regarding (1) a breach of this AGREEMENT, (2) each content you post or contribute to, (3) each activity you engage in or through this SERVICE and (4) compensation to us for any damages, losses and costs of any kind (including reasonable attorneys’ fees and legal fees) resulting from or related to your breach of law or infringement of the rights of a third party.
Article 28 Governing law and consensus jurisdiction, compulsory arbitration
1. This AGREEMENT shall be governed by Japanese law, and for all disputes arising out of or related to this AGREEMENT, the Nagoya District Court or the Nagoya Summary Court shall be the exclusive agreement jurisdiction court of the first instance, depending on the amount and procedure of the dispute.
2. Abandonment of Class Actions
If permitted by applicable law, the Channel Owner and the COMPANY shall NOT be members of a plaintiff who intends a class action or representative action, and may file a claim against the other party only in the individual position of the customer or the COMPANY. The arbitrator or judge may not consolidate the claims of two or more persons or govern in the form of any other representative or class proceedings without the consent of both the Channel Owner and the COMPANY.
3. Arbitration
If you are located, have a base, have an office, or do business in any of the following applicable jurisdictions, the following compulsory arbitration provisions apply to you.
(1) Dispute Resolution and arbitration
You and the COMPANY shall agree that you and the COMPANY may have any dispute, claim or dispute based on fraud, tort or any other legal theory, and whether the claim arises during or after termination of this AGREEMENT (contract, tort, law, etc. between you and us that arises in connection with this AGREEMENT or any form of your relationship with us as the customer of this SERVICE) shall be settled by compulsory and binding individual arbitration. Arbitration is more informal than a court proceeding. There are no judges or juries in the arbitration, and the court hearing of the arbitral award is limited. Discovery may be more limited than in court. The arbitrator shall comply with this AGREEMENT, but the arbitrator, like a court, except for not being able to award declarative or injunctive damages to the benefit of a third party other than the arbitrator, the arbitrator may award damages and remedies (including attorney’s fees). This arbitration agreement will continue to be valid after the termination of this AGREEMENT.
(2) Exceptions
Notwithstanding the above clause (28.3(1)), both you and us shall agree that, in any provision of this AGREEMENT, allow each party to address an injunction claim or intellectual property infringement claim in court, and be NOT considered a waiver, exclusion or other limitation of the right to file a lawsuit in court at any time.
(3) Arbitration Rules
The arbitration process may be initiated by either you or us. Each arbitration between you and the COMPANY, the present use as is modified by this AGREEMENT, under the International Chamber of Commerce (hereinafter referred to as ” ICC “) and ICC rules that is valid as arbitration rules at the time (hereinafter referred to as ” ICC rules”) , ICC finally solved by one person or more arbitrators to be selected in accordance with the ICC rules and shall be subject to management by the International court of arbitration. Each arbitration is conducted in Japanese, and unless required by the compulsory law of a Member State of the European Union or another jurisdiction, the law applicable in each arbitration is independent of the choice of law or the principle of conflict of law, and shall be the law of Japan.
(4) Timing of filing
Each arbitration shall begin by filing a petition for arbitration within one year from the date on which the claiming party first learned or should have reasonably known the act, omission or default that caused the claim. If you do not make a claim within such a period, you shall NOT be entitled to relief for the claim. If applicable law prohibits limiting the period for claiming to one year, each claim must be claimed within the shortest period permitted by applicable law.
(5) Notices, Procedures
A party seeking arbitration must first send a notice of dispute to the other party by proof-of-delivery mail or Federal Express (signature required) or by email if we do not know your address (hereinafter referred to as “notification”). Our notification sending address will be our address listed at the end of this AGREEMENT. This notification must state (1) the nature and basis of the claim or dispute, and (2) the specific remedy to be claimed (“claim”). Both parties agree to make a sincere effort to resolve the claim directly, but if both parties do not reach an agreement to resolve the claim within 30 days of receiving the notification, you or the COMPANY will proceed with the arbitration proceedings. During the arbitration, the amount of the settlement offer made by you or us may not be disclosed to the arbitrator until the arbitrator makes the final decision and ruling (if any). If the dispute is finally settled in your favor through arbitration, we will contact you with (1) the amount arbitrated by the arbitrator (if any) and (2) prior to the arbitrator’s arbitration. If the dispute is finally settled in your favor through arbitration, we will settle by paying the customer with the largest amount of (1) the arbitrator’s arbitration amount (if any), (2) the final settlement amount offered by the COMPANY in writing for the settlement of the dispute prior to the arbitrator’s arbitration, or (3) 50,000 Japanese yen. All documents and information disclosed during the arbitration shall be kept confidential by the recipient and the recipient shall use it for purposes other than for arbitration purposes or for the arbitrator’s judgment and enforcement of the ruling. In addition, unless you disclose it confidentially to anyone who needs to know it for that purpose or comply with applicable legal requirements, such information shall NOT be disclosed. Neither you nor we may notify the public, comment publicly, or initiate public relations regarding arbitration, except as necessary to enforce the arbitrator’s judgment and ruling. This includes, but is not limited to, the fact that the parties are in dispute, the existence of arbitration or the judgment or ruling of the arbitrator.
(6) Changes
If we change this arbitration policy in the future (excluding changes to our notification address), you may notify us in writing to our notification address within 30 days of such change. In that case, your account in COMPANY shall be terminated immediately and this arbitration provision shall survive as it was in effect immediately prior to the change you rejected.
(7) Validity
If the waiver of the class proceedings set forth in the Article 28.2 is found to be invalid in the arbitration, or if a part of the Article 28.3 is found to be invalid, the whole of the Article 28.3 shall be invalidated. In such cases, the parties agree that the exclusive jurisdiction and jurisdiction set forth in the Article 28.1 applies to each litigation arising out of or in connection with this AGREEMENT.
Article 29 Survival clause
The Article 19(Confidentiality), shall remain in effect for 5 years even after the end of this AGREEMENT, and the Article 8(external applications and services), the Article 9(Agreement for this SERVICE, compliance matters), the Article 10(Responsibility for sales of Distribution tickets, etc.), the Article 11(Arrangements for the Distribution ticket sales), the Article 12(Cancellation of the Distribution ticket / live delivery), the Article 13(Live Distribution and Content), the Article 14(Guidelines for distributed Content), the Article 15(Intellectual property rights, etc.), the Article 16(Prohibited Acts), the Article 17(Measures, etc. in case of violation of this AGREEMENT), the Article 18(Damages), the Article 20(Elimination of antisocial forces, etc.), the Article 22(Changes, interruptions, terminations, etc. of this SERVICE), the Article 23(Denial of Warranty and disclaimer , force majeure, etc.), the Article 27(Compensation) ,and the Article 28(Governing law and consensus jurisdiction, compulsory arbitration) shall remain in effect without an expiration date even after the end of this AGREEMENT.
* In this AGREEMENT, the word “including” and its conjugations are considered to be followed by the word “not limited to this”.
Contracting corporation:
Liveglobe LLC
Nagoya Lucent Tower 40th floor, 6-1 Ushijima, Nishiku, Nagoya, Aichi Prefecture, 4596-6040, Japan
Enacted on 8th Aug. 2021 (shall be in effective on the same day)