- 1 Purpose
- 2 Definitions
“User” means a person who uses Gifter.
“Celebrity” means athletes, talents, musicians etc. who create Original Video Message based on Request (defined in the following Article2③).
“Order” means that User select Celebrity and fill out an application form and order Original Video Message from FAN on Gifter’s website.
④Original Video Message
“Original Video Message” means a video message of about thirty (30) seconds, which is created based on Request and is sent to the registered e-mail address in URL format.
“Usage Fee” means fee that User pay to FAN to order Original Video Message. Usage Fee is determined separately for each Celebrity.
- 3 Payment
3.1 User shall pay Usage Fee to FAN with credit card at the time of Order.
3.2 After the Order, FAN shall confirm the content of Order and decide whether or not to accept it. If FAN decide not to accept the Order, FAN shall refund the Usage Fee to User.
- 4 User’s responsibility
4.1 User shall meet criterion which is made by FAN and FAN is not obliged to disclose the criterion.
4.2 User shall use Gifter in accordance with any matters stipulated by FAN.
4.3 User may publish Original Video Message and its URL on SNS etc. at User’s own risk in accordance with laws and Term. If User breach previous sentence, FAN may require User to delete postings on SNS etc. and the User shall comply with it.
4.4 User shall be prohibited from actions and requests as follows:：
①Using or reselling the Original Video Message and its URL for commercial purposes (including but not limited to the purpose of gaining the benefit of the user or a third party);
②Processing or editing Original Video Messages and its URL;
③Attacks using viruses or other harmful software against Gifter;
④Violation of laws;
⑤Act that FAN decides inappropriate;
⑥Request for content of Original Video Message that causes someone discomfort;
⑦Request for radical and violent content of Original Video Message; and
⑧Request for content of Original Video Message that FAN decide inappropriate.
- 5 Intellectual property rights
FAN own all rights in connection with Gifter (including intellectual property rights and ownership rights). Nothing in this Term grants User any rights in connection with Gifter.
- 6 INDEMNIFICATION
USER SHALL INDEMNIFY AND HOLD FAN HARMLESS AGAINST ALL ALLEGATIONS, CLAIMS, ACTIONS, CAUSES OF ACTION, LAWSUITS, DAMAGES, LIABILITIES, OBLIGATIONS, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY'S FEES, COSTS RELATED TO IN-HOUSE COUNSEL TIME, COURT COSTS AND WITNESS FEES) (COLLECTIVELY “LOSSES”) ATTRIBUTABLE TO OR RELATED TO USER’S BREACH OF THIS TERM (“CLAIMS”). SHOULD ANY CLAIMS GIVE RISE TO USER’S DUTY OF INDEMNIFICATION UNDER THE PROVISIONS OF THIS AGREEMENT, USER MAY PARTICIPATE IN (AT USER’S OWN EXPENSE), BUT NOT CONTROL, THE DEFENSE OF SUCH CLAIMS. PARTICIPATION IN THE DEFENSE SHALL NOT WAIVE OR REDUCE USER’S OBLIGATIONS TO INDEMNIFY OR HOLD FAN HARMLESS.
- 7 LIABILITY
7.1 FAN MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF GIFTER AND ORIGINAL VIDEO MESSAGE FOR ANY PURPOSE. FAN DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING GIFTER AND ORIGINAL VIDEO MESSAGE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, DELIVERY DATE, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
7.2 FAN AND USER AGREE THAT THE TOTAL LIABILITY OF FAN FOR ANY CLAIM IN RELATION TO GIFTER AND ORIGINAL VIDEO MESSAGE SHALL NOT EXCEED TOTAL AMOUNT THAT USER HAVE ACTUALLY PAID TO FAN.
- 8 Termination
8.1 FAN may stop the service and terminate Order, if the User breach Term or if FAN determines the disposition is necessary. In such event, User may not get any refund of fee that User have paid from FAN.
8.2 User shall not terminate Order for any reason.
- 9 Update Term, Suspension, Termination of Gifter
FAN may update Term, and may suspend, terminate, or change the contents of Gifter at any time.
- 10 Force Majeure
Neither party shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; electrical, internet or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party.
- 11 Severavility
If any of the provisions contained in this Agreement are declared invalid, illegal or unenforceable in any respect under any applicable law, the validity, legality, and enforceability of the remaining provisions contained in this Agreement shall not in any way be affected or impaired.
- 12 Handling of information
① Name, birthday, address, e-mail address etc.
② Other information necessary to operate Gifter.
- 13Governing law and dispute resolution
Term is governed by and construed in accordance with the laws of Japan. FAN and User submit to the exclusive jurisdiction of the Tokyo District Court of Japan with respect to all controversies related to Gifter.