Terms of Service
These Terms of Service (hereinafter abbreviated as “TOS”) consist of the “Account Agreement,” the “Niconico Douga TOS,” the “Niconico Premium TOS” and the “Handling of Personal Information.” This TOS shall contain all these components, and use of these services by the person who uses services related to this TOS, which are provided by Niwango, Inc. (hereinafter referred to as the “operating company”) (hereinafter referred merely to the “User”), shall be deemed to be his/her acceptance of all the above components of this TOS.The User understands and acknowledges that if that they are under-aged, they must receive the proper prior consent from their parent or guardian in regards to the usage of our site and services. In agreeing to these Terms of Use, the User has declared that they have obtained the necessary content.
This TOS complies with all the applicable Japanese laws, and the Tokyo District Court shall serve as its designated competent court for the first trial. All descriptions of this TOS shall be expressed in Japanese only, and they shall be interpreted only in Japanese.
The operating company may, at its sole discretion, revise this TOS at any time without prior notice. It shall be deemed that the User agrees to the content of the TOS upon revision, and the User shall agree to this pronouncement. Services provided by all the sites related to this TOS may be changed, suspended and discontinued without prior notice for any arbitrary reason.
These Terms of Service (hereinafter abbreviated as “TOS”) consist of the “Account Agreement,” the “Niconico Douga TOS,” the “Niconico Premium TOS” and the “Handling of Personal Information.” This TOS shall contain all these components, and use of these services by the person who uses services related to this TOS, which are provided by Niwango, Inc. (hereinafter referred to as the “operating company”) (hereinafter referred merely to the “User”), shall be deemed to be his/her acceptance of all the above components of this TOS.The User understands and acknowledges that if that they are under-aged, they must receive the proper prior consent from their parent or guardian in regards to the usage of our site and services. In agreeing to these Terms of Use, the User has declared that they have obtained the necessary content.
This TOS complies with all the applicable Japanese laws, and the Tokyo District Court shall serve as its designated competent court for the first trial. All descriptions of this TOS shall be expressed in Japanese only, and they shall be interpreted only in Japanese.
The operating company may, at its sole discretion, revise this TOS at any time without prior notice. It shall be deemed that the User agrees to the content of the TOS upon revision, and the User shall agree to this pronouncement. Services provided by all the sites related to this TOS may be changed, suspended and discontinued without prior notice for any arbitrary reason.
■ Account Agreement
Once the User has agreed to the TOS, he/she shall then register his/her account information (including all rights and interests pertaining to the registered information and account. The same shall apply hereinafter.). The User may use “Niconico” and other sites operated by the operating company through the use of the registered account information. When the User uses such sites, he/she shall comply with the rules stipulated in the TOS of each site.The User understands and acknowledges that the Operating Company claims no responsibility for the accuracy or legitimacy of User Account Information or any damages that incur because of possible misinformation.
The operating company may arbitrarily make additions and other revisions to sites that can be used with the User’s account information, and the User shall agree to such additions and other revisions.
Information pertaining to such additions and other revisions shall be notified to Users through the service provision page.
Furthermore, the User may occasionally be able to use a function that allows him/her to select necessary data from registered account information, depending on the site.
The requirement for the registered account information and services provided to the User through the use of his/her registered account information shall be explained in the service provision page on each site.
The User shall not transfer or lend his/her own account information registered by himself/herself to any third party. In addition, for any purposes the User shall not permit any third party to use the User’s own account information registered by him/her.
The User understands and acknowledges that the information in their Account Profile is their sole responsibility. The Operating Company will treat the User Account and all of the information registered in the User Account as the information of the User him or herself. In the case that the Account is used by a Third Party, all information in the User Account, as well as all actions committed by the User, will be treated as actions committed by the User him or herself.
The operating company shall send emails that notify new functions, renewed information and campaigns pertaining to services provided by the operating company and those provided by the third party designated by the operating company, as well as occasional high-volume emails when necessary to the email address registered by the User. The User shall agree to this policy. Incoming settings shall be explained on each site and in emails sent to the User.
Using his/her own account information registered by the User himself/herself, the User is not permitted to download video data from video hosting sites that can be viewed on Niconico Douga either through software (including software programs that have been recorded in recording media and those provided via telecommunication lines and browser add-ins) or websites provided by third parties who are not designated by the operating company.
Personal information obtained by the operating company when the User uses each site based on the registration made by the User and the account information registered by the User, shall be handled in compliance with the rules stipulated in one of the components of this TOS “Handling of Personal Information.”
When the User has violated the Account Agreement, or when it is feared that the User may violate the Account Agreement, the operating company, at its sole discretion, may delete the account information registered by the User or take other necessary actions for arbitrary reasons without prior notice to the User. The User shall agree to this policy.
The operating company may arbitrarily make additions and other revisions to sites that can be used with the User’s account information, and the User shall agree to such additions and other revisions.
Information pertaining to such additions and other revisions shall be notified to Users through the service provision page.
Furthermore, the User may occasionally be able to use a function that allows him/her to select necessary data from registered account information, depending on the site.
The requirement for the registered account information and services provided to the User through the use of his/her registered account information shall be explained in the service provision page on each site.
The User shall not transfer or lend his/her own account information registered by himself/herself to any third party. In addition, for any purposes the User shall not permit any third party to use the User’s own account information registered by him/her.
The User understands and acknowledges that the information in their Account Profile is their sole responsibility. The Operating Company will treat the User Account and all of the information registered in the User Account as the information of the User him or herself. In the case that the Account is used by a Third Party, all information in the User Account, as well as all actions committed by the User, will be treated as actions committed by the User him or herself.
The operating company shall send emails that notify new functions, renewed information and campaigns pertaining to services provided by the operating company and those provided by the third party designated by the operating company, as well as occasional high-volume emails when necessary to the email address registered by the User. The User shall agree to this policy. Incoming settings shall be explained on each site and in emails sent to the User.
Using his/her own account information registered by the User himself/herself, the User is not permitted to download video data from video hosting sites that can be viewed on Niconico Douga either through software (including software programs that have been recorded in recording media and those provided via telecommunication lines and browser add-ins) or websites provided by third parties who are not designated by the operating company.
Personal information obtained by the operating company when the User uses each site based on the registration made by the User and the account information registered by the User, shall be handled in compliance with the rules stipulated in one of the components of this TOS “Handling of Personal Information.”
When the User has violated the Account Agreement, or when it is feared that the User may violate the Account Agreement, the operating company, at its sole discretion, may delete the account information registered by the User or take other necessary actions for arbitrary reasons without prior notice to the User. The User shall agree to this policy.
■ Niconico Douga TOS
- Application of TOS
The Niconico Douga TOS shall be applied to the use of Niconico Douga operated by the operating company. - Operating Company’s Approach
When it is recognized that the User has committed any prohibited act, the operating company, at its sole discretion, shall take necessary action including deletion of the account information registered by the User and any previous comments or messages without prior notice to the User.
Even though it is unclear whether the action falls under the prohibited matters, when the operating company has determined necessary, the company may delete the account information registered or any previous comments or messages by the User, or take other necessary actions for arbitrary reasons without prior notice to the User. The User shall agree to this policy.
The operating company can save, disclose and provide all text entered into the Niconico Douga site by the User, as well as the records of all actions taken by the User and all the information pertaining to the User who took the action concerned upon use of Niconico Douga (including personal information of the User concerned, all the information pertaining to his/her account registration, all other information pertaining to use of Niconico Douga by the User, and all the information on the network such as the IP address and the time stamp confirmed by the operating company) under the following circumstances: when there is an applicable law; when there is a need to do so in order to protect human lives, bodies and/or properties; when there is a need to do so in order to improve public hygiene and/or promote the healthy growth of children; when there is a need to provide cooperation to governmental organizations, local public bodies or the parties entrusted by such entities in executing duties imposed by the applicable laws and ordinances under the circumstances in which it is feared that obtaining the User’s consent may hinder them from executing such duties; and when the operating company has determined that it is necessary to save, disclose and provide all the above information in order to handle the claim made against the act that is violating the third party’s right; and when the operating company has determined that it is necessary to save, disclose and provide all the above information for operation of Niconico Douga. The User shall agree to this policy.
All of the copyrights on all text entered in Niconico Douga by the User shall be transferred to the operating company as soon as the entry is made by the User, and the operating company can conduct any business using such text including publication (the copyrights stipulated in Articles 27 and 28 of the Copyright Law shall also be transferred to the operating company). However, the operating company shall permit the User himself/herself who made the entry of the text concerned to use such text. With regard to the ownership of the right on the text concerned, the User shall not claim or exercise any such right against the operating company and parties designated by the operating company.
The User shall agree not to raise an objection against the operating company regarding all their actions including deletion of comments or messages and the account information registered by the User himself/herself. - Prohibited Matters
The following actions are prohibited to the User upon his/her use of Niconico Douga:- Illegal actions and actions that assist, solicit, force and encourage illegal actions
- Actions that cause excessive burden on the Niconico Douga server
- Actions that interfere with the operation of Niconico Douga, actions that are determined inappropriate by the operating company
- Actions that interfere with use of Niconico Douga by other Users
- Pre-election campaigns, election campaigns and activities similar to those, and actions that conflict with the Public Officers Election Act
- Actions that infringe on other people’s reputations, social creditability, privacy, right of portrait, publicity right, copyright and other intellectual property rights and all other rights (including all rights stipulated by the law and ordinances, as well as rights acknowledged in precedents)
- Slanderous, threatening and harassing actions against other Users
- Use of discriminatory expressions against others on the basis of ethnicity, region, race, gender and age
- Actions that solicit, induce and encourage suicide, mass suicide, self-laceration and use of illegal/law-evading drugs
- Actions that invite encounters for the purposes of sexual intercourse and indecent acts
- Use of expressions that are sexually suggestive, obscene and violent, and all other similar actions that may cause others excessive discomfort
- Posting links to child prostitutions/pornography and uncensored video download sites
- Trading activities, auctions, money transactions and all other similar actions for which permission has not been obtained from the operating company
- Advertisements of products that have not been approved by the operating company, disclosing the profiles for the purpose of promotion and all other actions undertaken for the purpose of solicitation including spam mails and chain mails
- Spoofing through the use of other people’s names and their organization names (company names), etc.
- Actions against public order and morals and common currency
- All other actions that may fall under the items listed above as well as those that are prohibited by the guidelines or other similar rules presented by the operating company
- Disclaimer
When the User uses Niconico Douga, the operating company shall not guarantee the accuracy, legitimacy, morality, currentness and adequacy of the information posted on Niconico Douga.
The operating company shall not be responsible for any damage, whether direct or indirect, caused by the following actions and situations: use of Niconico Douga; not being able to use Niconico Douga; use of any link posted on Niconico Douga; and/or not being able to use any link posted on Niconico Douga. Similarly, when the User or other Users has/have violated any provision stipulated in the Niconico Doug TOS, the User(s) shall indemnify the operating company from all legal actions including claims and lawsuits undertaken against the operating company. As well, when any conflict pertaining to the communication fees derived from the use of Niconico Douga arises between the operating company and the User, the User shall indemnify the operating company from any liability, damage and/or loss caused by such conflict.
■ Niconico Premium TOS
The Niconico Premium TOS shall be applied to the use of [Niconico Premium], which is the service provided only to the User who has registered as a fee-paying subscriber called [Niconico Premium Member].
In the event that the User decided not to register himself/herself as a [Niconico Premium Member], the Niconico Premium TOS shall not be applied.
In the event that the User decided not to register himself/herself as a [Niconico Premium Member], the Niconico Premium TOS shall not be applied.
- Application of the Niconico Premium TOS
Upon registration as a [Niconico Premium Member] and the use of [Niconico Premium], the User shall agree to the [Niconico Premium] TOS. When the User uses any site to which the [Niconico Premium] is applied, the User shall comply with the TOS of the site concerned. - [Niconico Premium Member] Registration
The User who wants to register himself/herself as a [Niconico Premium Member] shall first agree to the [Niconico Premium] TOS then make a [Niconico Premium Member] registration in accordance with the registration procedures determined by the operating company.
There are two payment methods for the [Niconico Premium] subscription fee: monthly payment method (by credit cards designated by the operating company, payment as part of the cellular phone monthly subscription fee, or payment via PayPal account) and advance payment method (on the site it is described as “Ticket Charge.” This is the case in which the payment is made via prepaid card or other means designated by the operating company). Once the User has chosen a payment method for a particular contract, he/she cannot change the payment method until the contract concerned expires. The User shall agree to this policy. - Use of Services Through Monthly Payment
When the [Niconico Premium Member] uses [Niconico Premium] through monthly payment, a subscription fee of 525 yen shall be charged each month (including consumption tax).
In order for the [Niconico Premium Member] who has chosen the monthly payment method to cancel the contract for the use of [Niconico Premium] concluded with the operating company, the User must complete the contract withdrawal procedures specified by the operating company. Unless the contract withdrawal procedures have been completed by the [Niconico Premium Member], the contract concerned shall be automatically renewed every month. The [Niconico Premium Member] shall agree to this policy.
With regard to the subscription fee, the specified monthly fee will be charged for the first contract month regardless of the date of the contract. When the User has completed the withdrawal procedures in the same month the registration was made, the one-month subscription fee shall be charged. Similarly, when the User has completed the withdrawal procedures and the contract has been canceled in the middle of the month, a one-month subscription fee will be charged for the month in which the contract was cancelled. If the User re-registers himself/herself in the same month he/she has completed the withdrawal procedures, a one-month subscription fee shall be charged each time the User makes a new registration. - Use of Services Through Advance Payment
When the [Niconico Premium Member] uses [Niconico Premium] through advance payment, the User can use [Niconico Premium] for the period of ninety (90) days for the amount of 1,680 yen (including consumption tax).
The contract pertaining to the use of [Niconico Premium] with the advance payment method concluded between the [Niconico Premium Member] and the operating company shall be deemed to have expired on the date of expiration of an advance payment subscription. Furthermore, in the event that the [Niconico Premium Member] stopped using the paid services of [Niconico Premium] due to his/her personal circumstances, any subscription fee that has been already paid shall not be refunded. - Procedures Undertaken After Expiration of Contract
In the event that the [Niconico Premium Member] who chose the monthly payment method has canceled the contract concluded with the operating company, or when the designated term of the contract with the advance payment method has expired, the contract pertaining to the use of [Niconico Premium] concluded between the [Niconico Premium Member] and the operating company shall be deemed to have expired.
Even after the expiration of the contract, the operating company shall, at its sole discretion and within the term and scope designated by the operating company, determine the retention period for the records of the services provided to the [Niconico Premium Member] through [Niconico Premium] during the contract period. During this retention period, if a new contract is concluded between the [Niconico Premium Member] and the operating company, the records of the services provided during the previous contract period can be transferred to the new contract within the term and scope designated by the operating company. However, this transfer shall be at the sole discretion of the operating company, and does not guarantee that all the records of the services provided during the previous contract period shall be transferred to the new contract. - Prohibition of Transfer of Fee-Paying Membership and Other Similar Actions
The [Niconico Premium Member] shall not be permitted to transfer or lend the fee-paying membership and/or account information to any third party. As well, he/she shall not be permitted to establish the right of pledge on the membership and/or account information or any other similar actions such as providing as collateral. The [Niconico Premium Member] shall agree to this policy. - Exemption Clause
[Niconico Premium] shall not provide an operational guarantee with regard to the use of the services provided to the [Niconico Premium Member] from the environment other than the recommended environment separately indicated on the Niconico Douga site. Furthermore, [Niconico Premium] shall not provide an operational guarantee with regard to the use of the services from the recommended environment. Occasionally, malfunction may occur on the services provided by [Niconico Premium] and/or equipment used by the [Niconico Premium Member], depending on the type of equipment and/or the communication environment that the [Niconico Premium Member] uses. In addition, maintenance work conducted by the operating company, power failure, abnormality in telecommunication lines, and all other inevitable situations that are beyond the operating company’s control including natural disasters may restrict part or all of the services provided. Upon concluding the contract pertaining to the use of [Niconico Premium] with the operating company as well as use of [Niconico Premium] after concluding the contract, the [Niconico Premium Member] shall be fully aware of such possibilities, and he/she shall agree to indemnify the operating company from any liability for, and/or damage caused by, the aforementioned malfunctions. - Suspension of Services
When the [Niconico Premium Member] has violated the TOS of any site subject to [Niconico Premium], the operating company may restrict the use of such a site by the [Niconico Premium Member], the provision of part or all of the [Niconico Premium] services that have been provided to the [Niconico Premium Member], or may cancel the contract pertaining to the use of [Niconico Premium] concluded with the [Niconico Premium Member]. In the event that the contract has been canceled due to any of the above reasons, if the [Niconico Premium Member] has been on the monthly payment, the monthly subscription fees shall be charged until the contract expiration month. Furthermore, the operating company shall not make any refund of the subscription fees regardless of the payment method chosen, either monthly payment or advance payment.
Regardless of whether the User is a [Niconico Premium Member] or not, the operating company, at its discretion, may restrict the provision of part or all of the services of the site subject to [Niconico Premium] in accordance with its TOS. Being the [Niconico Premium Member] shall not affect such measures, and concluding the contract pertaining to the use of the [Niconico Premium] services does not remove those restrictions on the service provisions enforced by the operating company. The operating company shall not make any refund to the User for the reason of restriction of services enforced by the operating company.
When the subscription fee has not been paid, the operating company shall be permitted to cease provision of the [Niconico Premium] services without giving prior notice to the [Niconico Premium Member]. - Policy for Provided Services
The details of the [Niconico Premium] services shall be explained in the service provision explanatory page. The User, who would like to register himself/herself as a [Niconico Premium Member], shall first confirm and agree to the details of the services prior to concluding the contract with the operating company. The operating company shall be permitted to change the [Niconico Premium] services and fees by giving prior notice to the [Niconico Premium Member] on the Niconico Douga site. The [Niconico Premium Member] shall agree to this policy.
■ Handling of Personal Information
<Basic Policy> In order to provide better services to the User, the operating company shall establish rules pertaining to proper collection of personal information, create standards for the use of personal information, and administer personal information, thereby properly handling the User’s personal information as precious property.
The operating company shall comply with the Personal Information Protection Law and all other related laws and ordinances.
The operating company shall appoint a person in charge of personal information protection, and check if personal information is properly handled in accordance to the rules. If any issue has been detected, the person in charge of personal information protection shall always strive to address the detected issue.
The operating company shall maintain the accuracy of personal information and establish technical safety measures to protect the User against any trouble caused by leakage or unjust modification of personal information.
♦ Scope of Application
This policy shall be applied when the User uses any service provided by the operating company.
The operating company shall not be responsible for any personal information left by the User during the use of advertisers’ sites linked to the operating company’s site . The policy shall therefore be deemed inapplicable to such personal information.
♦ Purpose of Use
The operating company shall clearly specify the purposes of use of personal information, and shall not use such information for any other purposes. The obtained personal information shall be used for the following purposes:
The operating company shall comply with the Personal Information Protection Law and all other related laws and ordinances.
The operating company shall appoint a person in charge of personal information protection, and check if personal information is properly handled in accordance to the rules. If any issue has been detected, the person in charge of personal information protection shall always strive to address the detected issue.
The operating company shall maintain the accuracy of personal information and establish technical safety measures to protect the User against any trouble caused by leakage or unjust modification of personal information.
♦ Scope of Application
This policy shall be applied when the User uses any service provided by the operating company.
The operating company shall not be responsible for any personal information left by the User during the use of advertisers’ sites linked to the operating company’s site . The policy shall therefore be deemed inapplicable to such personal information.
♦ Purpose of Use
The operating company shall clearly specify the purposes of use of personal information, and shall not use such information for any other purposes. The obtained personal information shall be used for the following purposes:
- To provide and administer services provided by the operating company
- To receive and answer questions
- To send emails from the operating company to the User to give notification for new functions, updated information, campaigns pertaining to services provided by the operating company and those provided by the third party designated by the operating company
- To send gifts and prizes
- To send important notifications such as maintenance when necessary
- To total and analyze the attributes of personal information to create statistical database (Statistical data is defined as the data processed in a manner so that the individual cannot be identified and specified. Such data may be used or processed for the execution of various tasks including development of new services. Furthermore, statistical data may be provided to business associate(s).)
- To identify the person who violated the TOS in order to reject his/her use of the services
- To notify the User of information pertaining to the sponsor companies in the operating company’s advertising business and services provided by the business associate(s) of the operating company (The term “business associates” is defined as companies that jointly provide services to the User together with the operating company, and affiliated companies and subsidiaries of the operating company)
- To improve the convenience for the User (e.g., Customizing advertisements and content that the User may see on the site)
- To allow the User himself/herself to review, change and delete his/her registration information and/or to view his/her own usage status
- To bill the User for the fee-based services
- To notify the User who uploaded content of the information pertaining to the use of such content via the services provided by the operating company
- When there is any business associate and the User uses services that are jointly provided by the operating company and the business associate (hereinafter referred to as “joint services”): To provide the business associate with the minimum of personal information required for the provision of the joint services
♦ Joint Use
Personal information obtained by the operating company shall be shared by the operating company and the group companies, to which the operating company belongs, for the purpose of the provision of joint services.
♦ Provision of Personal Information to Third Parties
Although, as a general rule, the operating company shall not disclose or provide personal information to the third parties without consent of the User, the company may disclose/provide such information under the following circumstances:
Personal information obtained by the operating company shall be shared by the operating company and the group companies, to which the operating company belongs, for the purpose of the provision of joint services.
♦ Provision of Personal Information to Third Parties
Although, as a general rule, the operating company shall not disclose or provide personal information to the third parties without consent of the User, the company may disclose/provide such information under the following circumstances:
- When there are applicable laws and ordinances
- When there is a need to do so in order to protect human lives, bodies and/or properties under the circumstances in which it is difficult to obtain consent from the User himself/herself
- When there is a need to do so in order to improve public hygiene and promote healthy growth of children under the circumstances in which it is difficult to obtain consent from the User himself/herself
- When there is a need to provide cooperation to governmental organizations, local public bodies or the parties entrusted by such entities in executing duties imposed by the applicable laws and ordinances under the circumstances in which it is feared that obtaining the User’s consent may hinder them from executing such duties
- All other situations covered by the TOS of the services provided by the operating company, to which the User has given consent
♦ Outsourcing
The operating company may outsource a variety of work including managing personal information within the scope of necessity in terms of the provision of services. In this case as well, the operating company shall properly manage personal information by mandating the outsourcing company not to leak or transfer such information.
The operating company may outsource a variety of work including managing personal information within the scope of necessity in terms of the provision of services. In this case as well, the operating company shall properly manage personal information by mandating the outsourcing company not to leak or transfer such information.
♦ Disclosure, etc.
As a general rule, the User shall be permitted to review, change and delete his/her own personal information obtained by the operating company from the User depending on the function of the service. When you want to disclose personal information under the circumstance other than those described in the previous clause, please make an inquiry to our Service Inquiry Department.
As a general rule, the User shall be permitted to review, change and delete his/her own personal information obtained by the operating company from the User depending on the function of the service. When you want to disclose personal information under the circumstance other than those described in the previous clause, please make an inquiry to our Service Inquiry Department.
♦ Exemption Clause
The operating company shall properly provide services in accordance with the applicable laws and regulations in order not to leak personal information. However, the operating company shall be exempted from any liability of troubles derived from the acquisition of personal information by third parties under the following circumstances:
The operating company shall properly provide services in accordance with the applicable laws and regulations in order not to leak personal information. However, the operating company shall be exempted from any liability of troubles derived from the acquisition of personal information by third parties under the following circumstances:
- When the User himself/herself has revealed his/her own personal information to other Users through the functions of the services provided by the operating company or other means.
- When the User has been accidentally identified due to the information entered by other Users on the site
- All other adverse situations such as a leak occurring despite the fact that there was no negligence on the part of the operating company
♦ Other Information
Please be advised that if the User failed to provide the latest and accurate personal information, the User may not be able to receive proper services.
Please be advised that if the User failed to provide the latest and accurate personal information, the User may not be able to receive proper services.
♦ Service Inquiry Department
The User can contact our Service Inquiry Department for any inquiry pertaining to the handling of personal information.
The User can contact our Service Inquiry Department for any inquiry pertaining to the handling of personal information.
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