This agreement is for the member-only email magazine ( hereinafter referred to as the “Service” ) provided by Hèiris Group ( hereinafter referred to as the “Company” )
Article 1 ( Agreement )
This membership agreement ( hereinafter referred to as the “Agreement” ) applies to all situation when users are using the Service including the website of the Service, contents of the Service, any services associated with the former and etc.
To use the Service, agreeing to the Agreement is a prerequisite condition and the individual who has completed the membership registration ( hereinafter referred to as the “Member” ), shall be considered as having ‘agreed’ to the Agreement.
The Company may modify the Agreement when it fits the general interest of the Members or when it does not deviate from the scope of purposes of the Agreement. In such case, the Members will be subjected to the “modified Agreement”.
When the Company, as per above, modifies the Agreement, the Company shall determine the effective date of the modified Agreement as well as notify and inform the modification of the Agreement to the Member.
When the Company notifies and informs the above, the User, in regards to the Service, shall be considered as having agreed to the modified Agreement.
Article 2 ( Membership and Membership Approval )
The “Member” in the Agreement refers to individuals who have completed the registration to the Service and has been approved by the Company.
Only minors, upon registration, require the consent of a parental authority.
The Company may not approve the registration if the following applies.
When an individual is already registered.
When previous approval was removed and “forced cancellation” occurred due to violation of the Agreement.
When there is falsification, mistakes or missing information in the registration.
Other situation where the Company judges that it is inappropriate.
The Company, even after the registration has been approved, has the right to withdraw the approval in the event the approved Member has any of the above items.
Any complaints and associated damages caused by the falsification or mistakes of information during registration shall be resolved at the Member’s own responsibility and expense.
Article 3 ( Notification )
The Company shall notify information to the Members through the method judged appropriate by the Company.
Article 4 ( Copyright Attribution )
All documents, images, music, videos, logos, illustrations provided through the Service as well as the rights including any copyrights, trademark rights and image rights belong to the Company or the third party who owns the rights.
Article 5 ( Fee )
The Service is free. However, the communication fee will be borne by the Member.
Article 6 ( Management )
The email address and password set by the Member himself/herself shall be managed at the Member’s own responsibility and the Company shall not be held responsible.
Article 7 ( Effective Period )
The Member qualification of the Service will continue until the Member completes the cancellation procedure or receives forced cancellation.
Article 8 ( Prohibited matters )
The Members shall not perform the following acts when using the Service.
Infringing or potentially infringing the property of an artist or third party ( including intellectual property rights such as trademark rights and design rights ).
Slandering an artist or third party and bring damage or potential damage to their honor and credibility.
Selling, transferring, lending or changing the name of the membership rights to a third party through internet auction and etc.
Directly contacting and requesting meetings with an artist, or directly contacting and requesting meetings with their staff, members or contract office personnel.
Unauthorized use of another individual’s email address to register for the Service or acts of impersonation.
In addition to the above, any acts that violate the law and public order, or acts that interfere with the operation of the Service.
Article 9 ( Cancellation of Registration )
In the event of canceling the registration of the Service, please follow the procedure specified by the Company.
Article 10 ( Termination of Service )
The Company reserves the right to terminate the Service in the event that the Company makes a comprehensive judgment that it will be difficult to continue the operation of the Service.
Article 11 ( Disclaimer )
The Company shall not be liable for any damage incurred by the Member from the use, or inability to use of the Service, unless the reason can be attributed to the Company’s responsibility.
However, in the event that the reason can be attributed to the Company’s responsibility and the Company is liable for the damages, the maximum amount of damages liable to be provided by the Company shall be 10,000 yen, unless in the event of gross negligence.
Article 12 ( Consultation )
Any matter not stipulated in the Agreement, or any doubts arising with respect to any provision of this Agreement, shall be resolved upon consultation in good faith between the Member and the Company.
Article 13 ( Governing Law and Jurisdiction )
The application and interpretation of the Agreement shall be in accordance with governance of the laws of Japan and in the event where there is a need for litigation, the litigation shall be resolved under the exclusive jurisdiction of the Tokyo District Court and the Tokyo Summary Court as the court of first instance.