DAISUKI.net Terms of Use

Part 1: General provisions

Article 1 (Definitions)

Initially capitalized terms used in these terms of service (hereinafter referred to as the "Terms of Service") shall be defined as follows:

Content Software, documents, music, video footage, images and other electronic recordings stored on or sent and received via the Server (as defined below) operated by Anime Consortium Japan Inc. (hereinafter referred to as the "Company");
Website An online website operated by the Company under the name of "DAISUKI.net" (http://www.daisuki.net);
Service Services generally provided by the Company on the Website such as the provision of both paid and free content and certain content which is exclusively available for the Member's use and selling of goods (hereinafter referred to as "Member Services");
Server Equipment for storing, forwarding, sending and receiving the Content;
Member A person who, upon having consented to the Terms of Service, the Notified Matters (as defined below) and other relevant provisions, completes a User Registration Application (as defined below) separately designated by the Company for the Member Services and obtains approval from the Company to become a Member;
User Any person, irrespective of whether or not he or she is a Member of the Website, using the Service;
Member ID An ID consisting of a combination of alphanumeric characters which a User designates for self-identification when submitting a User Registration Application to become a Member; and
Password A combination of alphanumeric characters configured, together with a Member ID, to identify a User as a specific Member.

Article 2 (Scope of application of the Terms of Service)

1. The Terms of Service shall apply to all matters in connection with the use of the Service via the Website. When using the Service, a User shall be deemed to have agreed to the Terms of Service in force at that point in time. The User shall comply with the Terms of Service in good faith when using the Service.
2. Any indication made by the Company via the Website, notification made by the Company to a Member, relevant regulations separately designated by the Company or other matter notified to a User (hereinafter collectively referred to as "Notified Matter"), whatever title or description, shall be included in the Terms of Service.
3. If there is an inconsistency between the Terms of Service and a Notified Matter as referred to in the preceding paragraph, the Notified Matter shall prevail.

Article 3 (Amendments to the Terms of Service)

The Company may amend any of the Terms of Service without the consent of Users and the revised Terms of Service shall take effect when they are posted to the Website.

Part 2: Member

Article 4 (Member)

1. A person wanting to become a Member shall, upon agreeing to the Terms of Service, submit an application for a user registration (a "User Registration Application") using the procedures separately prescribed by the Company.
2. No fee is charged on the User Registration Application.

Article 5 (Approval of an application)

1. he Company, after receiving a User Registration Application in a manner separately designated by the Company, shall carry out a screening process and other procedures the Company considers relevant before deciding whether to approve a person's application to become a Member.
2. A Member shall be entitled to use the Member Services provided through the Website by using a Member ID and Password supplied to the Member by the Company at the time the Member's application is approved.
3. Where any of the following items apply, a User Registration Application may be refused by the Company:
  • Ⅰ.the person purporting to submit a User Registration Application (hereinafter referred to as "User Registration Applicant") does not exist;
  • Ⅱ.the User Registration Applicant has previously contravened any of the Terms of Service;
  • Ⅲ.the User Registration Application contains false or erroneous information or does not include a matter required to be declared;
  • Ⅳ.the User Registration Applicant is a person with the limited capacity to act and prior consent to the User Registration Application has not been or may not have been obtained from a person with the authority to give such consent pursuant to the Civil Code of Japan;
  • Ⅴ.the User Registration Applicant is subject to a petition for a writ of attachment, provisional attachment, provisional disposition, compulsory execution, bankruptcy, civil rehabilitation, voluntary liquidation, special liquidation or corporate reorganization;
  • Ⅵ.the User Registration Applicant has had its membership suspended in the past;
  • Ⅶ.the Company is restricted to accept the application by its operations or technology;
  • Ⅷ.the same person has submitted multiple User Registration Applications; or
  • Ⅸ.any other reason the Company considers appropriate.

Article 6 (Prohibition of the assignment of rights)

A Member may not assign, lend, sell, transfer or create a pledge or other security over his or her rights as a Member to a third party.

Article 7 (Management of the Member ID and Password)

1. A Member shall set or change a Member ID and Password in accordance with the procedures separately designated by the Company.
2. The Company shall provide the Member Services when a person inputs, in relation to the use of the Member Services, a member ID and password that matches the combination of the Member ID and Password as set or changed from time to time and such person is identified as a specific Member.
3. A Member shall use and protect his or her own Member ID and Password with care and diligence of a good manager.
4. A Member shall not permit his or her own Member ID or password to be used by any third party. In the event that his or her Member ID and password are or may have been used by a third party, the Member shall immediately notify the Company of such fact and follow any instructions issued by the Company.
5. The Company shall not be liable whatsoever for any damage incurred by a User as a result of a third party using the User's Member ID and Password irrespective of whether the third party use was willfully or negligently caused by such User, unless such use and damage was willfully or negligently caused by the Company. The Service used through a particular Member ID and Password shall be deemed to have been ordered by the Member corresponding to such Member ID and Password and the Member shall bear all fees and be responsible therefor.

Article 8 (Notifications by the Company)

1. Except where otherwise set out in the Terms of Service, the Company shall issue notifications, by electronic mail or other means of communications, to the electronic mail address or other contact point registered with the Company by a Member when his or her User Registration Application was submitted.
2. Where a notification referred to in the preceding paragraph is issued by electronic mail, service of the notification to a Member will be effective upon the dispatch of such electronic mail to the electronic mail address. A Member shall peruse, without delay, any electronic mail sent by the Company.
3. Notwithstanding paragraph 1 above, the Company may notify Users of matters from time to time by displaying notifications on the Server or by any other method determined by the Company to be appropriate.
4. A notification referred to in the preceding paragraph will take effect at the time when the Company displays the contents of the said notification on the Server or dispatches it by prescribed method.

Article 9 (Revision of registered information)

1. A Member must promptly notify the Company, in accordance with the procedures separately designated by the Company, where his or her electronic mail address or other information submitted at the time of his or her User Registration Application has changed.
2. The Company shall not be liable for any damage or disadvantage caused to a Member who fails to notify the Company of a change in information as set out in the preceding paragraph.

Article 10 (Delivery of an email magazine to Members)

1. The Company may operate a delivery service of an email magazine (hereinafter referred to as "Email Magazine Delivery") containing information relating to the Service free of charge to Members who wish to receive it.
2. The Email Magazine Delivery shall be operated on an irregular base.
3. Subscription for the Email Magazine Delivery:
A Member shall carry out subscription application procedures for the Email Magazine Delivery in accordance with the procedures separately designated by the Company. The subscription will take effect when the Company receives the subscription application.
4. Revision of the subscription for the Email Magazine Delivery:
Where a registered subscriber of the Email Magazine Delivery needs to change the electronic mail address, registered at the time of subscription in the preceding paragraph, to which email magazines are delivered, such registered subscriber shall follow the procedures separately designated by the Company. Where a registered subscriber of the Email Magazine Delivery fails to receive any email magazine due to a delay in submission of a prescribed notification of change, such email magazine will not be re-delivered by the Company.
5. Un-subscription of Email Magazine Delivery
  • Ⅰ.Where a registered subscriber of the Email Magazine Delivery wishes to unsubscribe the Email Magazine Delivery, such registered subscriber shall follow the procedures separately designated by the Company. The Email Magazine Delivery will be stopped from the business day following the receipt by the Company from such registered subscriber of an application for un-subscription.
  • Ⅱ.Where any Email Magazine Delivery sent to a registered electronic mail address results in a delivery-fail error, the Company may presume such registered electronic mail address is no longer valid and stop delivery to that address.
6. Subscription limit:
One (1) electronic mail address per Member can be registered for the Email Magazine Delivery.
7. Distribution of advertising:
The Company may distribute advertising relating to products or services provided by the Company or a third party by way of electronic mail distribution.

Article 11 (Suspension or revoking of membership)

  The Company may temporarily suspend the Service to the Member, in whole or in part, or revoke the Member's membership without prior notice or demand in the following circumstance:
  • Ⅰ.the Member contravenes any provision of the Terms of Service;
  • Ⅱ.any of the Member's registered matters are false;
  • Ⅲ.the Member uses or attempts to use the Service in a way that could have caused damage to the Company, another User or a third party;
  • Ⅳ.the Member, for any reason or by any means whatsoever, impedes operations of the Service;
  • Ⅴ.that Member's membership had previously been disqualified due to a violation of the Terms of Service or the Notified Matters; or
  • Ⅵ.the Company otherwise determines that the Member is unfit for the qualification as a Member.

Part 3: Purchase of the Content

Article 12 (Purchase of the Content)

1. A Member may, upon agreeing to the Terms of Service and carrying out procedures designated by the Company and upon payment of the fee described in Article 13, be entitled to view paid content as part of the Member Services (hereinafter referred to as "Purchase of the Content").
2. The Purchase of the Content shall be charged per individual content.

Article 13 (Fee)

The fee charged on the Purchase of the Content shall be calculated in accordance with the table below and paid by Members pursuant to Article 14.

Plan "content-by-content" charging Content
Fee Amount per content designated by the Company
Scope ontents designated by the Company

Article 14 (Method of payment)

A Member may pay the fee indicated in Article 13 by:

  The Company may temporarily suspend the Service to the Member, in whole or in part, or revoke the Member's membership without prior notice or demand in the following circumstance:
  • Ⅰ.Credit card as prescribed by the Company;
  • Ⅱ.PayPal; or
  • Ⅲ.Other payment method designated by the Company.

Article 15 (Billing the fee)

The Member must pay the fee for the Purchase of the Content at the time of the Purchase of the Content.

Part 4. Purchase of the Products

Article 16 (Purchase of the Products)

1. A Member may use the Service to purchase products or services (hereinafter referred to as "Products").
2. A Member who wishes to purchase a Product shall apply to purchase the Product in accordance with the procedures designated by the Company.
3. The contract for purchase of a Product shall be deemed concluded at the time when the Company dispatches the Product to the Member. The Company reserves the right to reject an application to purchase a Product before the contract therefor is deemed concluded.
4. The Company will not accept any withdrawal of an application to purchase a Product requested at the convenience of a Member.
5. The Company shall use its best efforts to ensure that Product information available on the Website is accurate. In the event that an incorrect price is stated on the Website and an order is received based thereon, a notice of correction will be issued by the Company to confirm whether the Member wants to continue with the purchase at the correct price before a contract for purchase is deemed concluded.
6. If a Member commits an improper or inappropriate conduct in connection with the use of the Service, the Company shall be entitled to cancel the contract for purchase of a Product or take any other appropriate action.
7. If the amount of purchases for any period of time becomes high, the Company may contact the Member.
8. A shipping address to which a Product may be shipped through the Service shall be limited to an address in a country specified by the Company.
9. The Company shall not be held liable if an application to purchase a Product is not received due to an Internet-related error or any other cause not attributable to the Company.

Article 17 (Shipping of the Products)

1. A Product shall be shipped through the use of delivery service provided by a delivery company specified by the Company. The shipping charge shall be paid by the Member as specified on the web-page for ordering the Product.
2. The Company will notify the delivery company of the Member's shipping address and other delivery instructions at the time an application to purchase the Product is made, as per the Member's instruction given when an application to purchase is made.
3. In some circumstance, for various reasons, the scheduled delivery date for the Product may need to be amended or shipment may be delayed due to a stock shortage or for any other reason, or the Company may be unable to accept an application to purchase the Product or deliver the Product. In these circumstances, the Company shall be entitled to refuse an application to purchase the Product or cancel the application accepted by the Company and will not be liable whatsoever for damages resulting from the refusal or cancellation.
4. Customs duties shall be borne by the Member.

Article 18 (Method of settlement)

1. The amount to be paid for a Product shall equal the sum of the purchase price for the Product, shipping charge, handling charge, consumption tax and other taxes and duties.
2. Payment for a Product purchased through the Service shall be made with a credit card in the name of the Member or any other payment method as separately prescribed by the Company.
3. Credit card payments shall comply with the terms and conditions between the Member and its credit card company. If any dispute arises between the Member and its credit card company, such dispute shall be resolved between the Member and its credit card company, and the Company shall assume no liability in connection therewith.
4. Where payment is made by credit card, the Company will make an inquiry with the relevant credit card company to determine whether the credit card can be used for the payment at the time an application to purchase the Product is made. Where there is a certain period of time between the application to purchase the Product and shipment, the Company may make another inquiry with the relevant credit card company to determine whether the credit card can be used for the payment. If the Company receives a response from the credit card company to the effect that the credit card cannot be used for the payment, an application for purchase may be rejected by the Company.

Article 19 (Product return, etc.)

1. Cancellation of the contract for purchase of a Product or replacement of a Product (hereinafter referred to as "Cancellation or Replacement") shall only be allowed if the Product is defective due to a cause attributable to the Company. If a Product is defective, the Company's liability shall be limited to replacing the Product (or if the Company deems the replacement is not possible, refunding the purchase price of the Product).
2. A Member shall carry out a Cancellation or Replacement as referred to in the preceding clause in accordance with the method separately prescribed by the Company.

Article 20 (Exemption from liability for Products)

1. The color and shape of a Product shown on the website may be different to the actual Product because of the individual computer display settings or any other reason.
2. The Company shall be exempted from liability by sending communications to contact details provided by the Member and by shipping a Product to the shipping address provided by the Member at the time the Product was purchased.
3. While the Company shall make reasonable efforts to ensure that Product descriptions on the Service are accurate, complete and up-to-date, the Company makes no guarantee as to the accuracy of such descriptions.
4. Irrespective of possible causes of action whatever, the Company shall not be liable for any damage, loss, or detriment sustained in connection with the use of the Service or a Product sold through the Service, except the Cancellation or Replacement set forth in Article 19.

Part 5. Use of the Service

Article 21 (Procedures for use)

1. A User shall use the Service in accordance with procedures separately designated by the Company.
2. The Company may revise the procedures of use for the Service without the consent of Users. Users shall use the Service in accordance with the current procedures for use in force at the time of usage.

Article 22 (Equipment, etc.)

A User is responsible for, at its own cost, procuring communications equipment, software and all other associated devices required to use the Service (hereinafter referred to as "Communications Equipment and Software") and telecommunications services. The Company shall not be liable in any way for the Communications Equipment and Software and telecommunications services used by the User to access the Service and the User's usage environment.

Article 23 (Usage restrictions)

A User may be subject to restrictions on any use of the Service depending on the Communications Equipment and Software, relevant telecommunications service provider or other usage environment of the User.

Article 24 (Viewing by persons under twelve (12) years of age)

Since the Content includes works for which the provision of guidance by a person with parental authority or adult guardian is recommended for viewing by persons under twelve (12) years of age, where a User is a person under twelve (12) years of age, the consent of a legal representative of such User will be required for the usage and registration and such legal representative shall handle the registration on behalf of such User.

Article 25 (Restricted Content)

1. The Company may place certain restrictions on User's accessing, viewing or otherwise using the Service, from within certain designated countries to protect the intellectual property rights or for any other reason which the Company considers necessary. In such case, the Company will publish its restrictions on such Content on the Website and take all possible technical measures to block usage from such designated countries.
2. Where a User is restricted from accessing, viewing or otherwise using the Content from within a certain designated country and that User uses such restricted Content in violation of such restriction, the User shall indemnify the Company for all damages incurred by the Company or any third party.

Article 26 (Principle of self-responsibility)

1. A User shall use the Service at his or her own risk and fully assume and undertake all responsibilities for his or her conduct and the results thereof.
2. In providing the Service, the Company shall not assume or undertake any obligation to monitor the conduct of Users or take any measures against improper conduct by Users.
3. Where a User receives any inquiry, complaint or claim from a third party or submits any inquiry, complaint or claim to a third party in connection with the use of the Service, such User shall deal with and resolve the same independently at his or her own cost and the Company shall not be liable whatsoever for such matter and the results thereof.
4. A User shall compensate for all damages incurred by the Company or a third party that are caused by the User.
5. Third-party websites linked to or from the Website are managed at the sole responsibility of the respective third-party websites and neither the Company nor the Website shall be liable whatsoever for any content of such third-party websites.

Article 27 (Prohibited conduct)

In connection with the use of the Service, a User shall not engage or permit a third party to engage in Prohibited Conduct. Where a User engages in Prohibited Conduct, the Company may, immediately and to the extent the Company considers necessary: (a) delete, modify or supplement, in whole or in part, User data or information used by the User through the Service such as text, image and video files; (b) prohibit the User from using the Service or place restrictions on the use of the Service, in whole or in part; (c) delete relevant links; or (d) revoke the membership of the User and delete the Member ID and Password of such User. In such case, the User shall not raise any objection thereto with the Company.
The following conduct will be considered Prohibited Conduct:

 
  • Ⅰ.profit-making activities or any preparation activities therefor;
  • Ⅱ.conduct that infringes or is likely to infringe any legally enforceable rights or interests of another person;
  • Ⅲ.conduct which constitutes or is likely to constitute criminal conduct, unlawful conduct or socially inappropriate conduct, or conduct aiding or abetting or being likely to aid or abet said conduct;
  • Ⅳ.sending unauthorized electronic mail for advertising or solicitation purposes to another person without obtaining consent of such recipient, or sending electronic mail to another person that contains offensive or annoying content or that offends or annoys the recipient;
  • Ⅴ.collecting personal information of a third party without the third party's consent or by fraudulent means;
  • Ⅵ.failing to comply with statutory requirements such as the requirement to provide notification to, obtain a permit or authorization from or carry out procedures required by competent authorities or any other conduct that contravenes or is likely to contravene statutory requirements;
  • Ⅶ.conduct which impedes or could impede the provision of the Service;
  • Ⅷ.any conduct linked with any of the preceding items or similar items;
  • Ⅸ.any other conduct that contravenes or be likely to contravene any law and regulation, the Terms of Service or public order and morals; or
  • Ⅹ.any other conduct otherwise separately designated by the Company on the Website.

Part 6. Operations

Article 28 (Revision of the contents of the Service)

The Company may revise the contents, name or other conditions applicable to the provision of the Service without prior notification to Users.

Article 29 (Temporary suspension of the Service)

1. The Company may temporarily suspend the provision of the Service without notice in order to carry out maintenance on relevant systems such as the Website and the Server.
2. The Company may temporarily suspend the provision of the Service without notice in any of the following circumstance:
  • Ⅰ.maintenance needs to be carried out on or any failure has occurred with the Server or other relevant equipments;
  • Ⅱ.the Service can no longer be provided due to a fire, a power failure, an earthquake, a volcanic eruption, flooding, a tsunami, a war, a disturbance, a riot, civil commotion, a labor dispute or any other event of force majeure; or
  • Ⅲ.the Company otherwise determines that it will be necessary to temporarily suspend the provision of the Service due to any operational or technical reason.

Article 30 (Termination of the Service)

The Company may terminate the Service, in whole or in part, at any time, by notifying Users in advance on the Website.

Article 31 (Limitation of liability)

1. The Company does not provide any representation or warranty whatsoever with respect to the Content posted to the Website such as the completeness, accuracy, usability or legality thereof.
2. The Company shall not be liable whatsoever for any damage incurred by a User as a result of the deletion of any Content, temporary suspension or termination of the Service or revision to the Terms of Service made pursuant to the Terms of Services or any damage incurred by a User due to problems arising between the User and a third party that were not caused by the Company.

Part 7. Personal information

Article 32 (Personal information)

1. The Company shall appropriately handle personal information of Users (hereinafter referred to as "Personal Information") pursuant to "the Privacy Policy" as separately designated by the Company.
2. The Company shall refrain from using the Personal Information for a purpose other than as set forth in the Privacy Policy and from disclosing or providing the Personal Information that can be used to identify specific individuals to a third party except as set forth in the Privacy Policy.
4. A User shall agree that Article 21 (Principle of self-responsibility) and Article 26 (Limitation of liability) hereof shall apply whenever he or she shall use and publicly disclose his or her own Personal Information for the purpose of the use of the Service.
2. Notwithstanding paragraph 2 above, the Company may, by tabulating and analyzing the attributes included in the Personal Information of Users, prepare materials a by which Users cannot be identified (hereinafter referred to as "Statistical Materials") and use and process the Statistical Materials to conduct its businesses such as development of new services. The Company may also provide its business partners and other third parties with Statistical Materials.

Part 8. Miscellaneous

Article 33 (Agreed exclusive jurisdiction)

Any disputes arising out of or in connection with the Service shall be submitted to the excusive jurisdiction of the Tokyo District Court for the first instance.

Article 34 (Governing law)

The Terms of Service shall be governed by and interpreted in accordance with the laws of Japan.

Part 9. How Third Parties Use Cookies and Similar Technologies

Some of the advertisements you see on DAISUKI Web Sites are delivered by third parties who also collect information through cookies, web beacons, and other technologies about your online activities, either on our Web Sites or across the Internet, in an effort to understand your interests and deliver you advertisements that are tailored to your interests. These third parties include advertisers, advertising agencies, and ad networks that may collect information when you view or interact with one of their advertisements. To learn more, please read about third-party online advertising.

In addition, DAISUKI works with third parties to help us track the ads that are delivered to you, in particular to control the number of times you receive the same ad, and to analyze the effectiveness of advertising on the DAISUKI Web Sites.

Please note that DAISUKI does not have access to the information these third parties may collect about your interests to deliver relevant advertising to you, and the information practices of these third parties are not covered by this Privacy Policy.

Third parties that may serve, track and/or analyze ads on our Web Sites, and thereby may collect information about your online activities on such Web Sites include, but are not limited to, the third parties listed on DAISUKI Third-Party Ad Technology Providers.

Supplementary provision:
The Terms of Service shall come into force with effect from 1/ July /2014.