Terms of Use of Paid Video Streaming Service

Article 1 (Scope of and Changes to these Terms)
  • 1. These Terms of Use of Paid Video Streaming Service (these “Terms”) shall apply to the user (the “User”) of the Service (as defined below) in the Service area in relation to the use of the viewing service (the “Service”) of videos and other contents (the “Contents”) provided by the Company (as defined below) on the paid video streaming site “Johnny’s net online” (the “Site”) operated and managed by Johnny & Associates, Inc. (the “Company”).
  • 2. At the time that the User starts using the Service, it shall be deemed that the User has agreed to the subject matter of these Terms, and further agreed that these Terms constitute the subject matter of a contract between the Company and the User. The User understands that the User will have agreed to the contents of these Terms by checking the box stating that the User consents to the latest Terms of Service.
  • 3. The User is obligated to comply with these Terms in good faith.
  • 4. If any change, addition, amendment, deletion or the like (collectively, the “Change”) becomes required in these Terms, the Company may Change these Terms in a reasonable and adequate manner to the extent that such Change will not be in conflict with the purpose of these Terms before such Change.
  • 5. When the Company is to Change these Terms, the Company will notify the User of the subject matter of the Change and the timing that these Terms after the Change will come into effect by posting the same on the Site a reasonable period before the Change.
  • 6. Once the Company properly provides the notification of the preceding paragraph to the User, these Terms after the Change shall apply to the User irrespective of whether the User is aware or unaware of the Change.
  • 7. The Service is not intended to be provided to children under the age of 13 years, and children under the age of 13 years may not use the Service.
Article 2 (Definitions)
Each of the following terms used in these Terms shall be defined as follows.
  • 1. “Company” means Johnny & Associates, Inc.
  • 2. “Site” means the website “Johnny’s net online” operated and managed by the Company.
  • 3. “Contents” means videos and other contents provided by the Company on the Site via streaming distribution.
  • 4. “Service” means the service provided by the Company for the User to view the Contents, for a fee, using a terminal that is compatible with the Service.
  • 5. “User” means the individual to use the Service.
Article 3 (Service Fee)
  • 1. When using the Service and purchasing individual Contents, the User shall pay the prescribed fee (the “Service Fee”) posted on the Site. The viewing period of the Contents shall be posted on the Site.
  • 2. The User shall confirm, as needed, information such as the amount and other terms of payment of the latest Service Fee, and the viewing period of the Contents, of the Service that the User is using.
Article 4 (Application for Using Service)
  • 1. When using the Service, the User shall register one’s email address on the Site as the User’s ID (the “ID”). The User may use one’s ID validly during the viewing period of the Contents purchased by the User based on the foregoing registration.
  • 2. If the User of the Service is a minor in the country, state or region in which the Service is used, the parent or guardian of such minor shall provide prior consent to these Terms on behalf of the minor, in accordance with the laws of such country, state or region, in using the Service, and authorize the registration of the ID in the preceding clause and the purchase of tickets through the Service. The User who is a minor consents to the Company taking procedures to confirm the contact information and consent by the parent or guardian.
  • 3. When using the Service, the User shall agree to these Terms, and personally apply for the purchase of Contents according to the Company’s prescribed procedures. If there is any error in the personal information when purchasing the Contents, the User may not use the Service.
  • 4. The Contents purchased in the Service may not be cancelled and the Service Fee, once paid, will not be refunded. Even if the application for purchase is made redundantly and the same Contents are purchased multiple times in the Service due to the User’s input error or problems with the User’s communication environment, the Company will not be liable in any way unless it was caused by the Company’s willful misconduct or gross negligence.
Article 5 (Ownership of Rights)
  • 1. Copyrights (including the rights in Article 27 and Article 28 of the Copyright Law of Japan) of all information, including the Contents, in the Service shall belong to the Company or the provider of the Contents.
  • 2. The User may not use (including, but not limited to, acts of replication, falsification and distribution) the Contents and information on the Site beyond the scope permitted under laws, such as for private use.
Article 6 (Recommended System Requirements)
The recommended system requirements of the Service will be separately prescribed by the Company and posted on the Site.
Article 7 (Preparation of Equipment, etc.)
The User shall prepare, under one’s own responsibility and cost burden, an environment which enables the use of the Service including the preparation of communication equipment and software, and the conclusion of a phone service contract and an internet service contract. Any and all communication fees and interconnection fees related to the Service shall be borne by the User.
Article 8 (Prohibited Acts)
  • 1. The User may use the Service and view the Contents only according to the Company’s prescribed method, and the following acts are prohibited by the Company:
    • (1) act of infringing upon, or act which may infringe upon, the copyrights, trademark rights and other intellectual property rights, portrait rights, privacy or other rights in the Service, including the contents and information of the Service;
    • (2) act of commercially using information obtained from the Service;
    • (3) act of providing, assigning or selling the User’s email address or ID to a third party;
    • (4) act of using or providing, through or in relation to the Service, a computer virus or any other harmful program;
    • (5) act of violating, or act which may violate, laws;
    • (6) act of breaching these Terms; and
    • (7) any other act deemed inappropriate by the Company.
  • 2. If the User conducts any act corresponding to the preceding paragraph, the Company may suspend the use of the Service by the User without requiring any prior notice. In the foregoing case, the User shall immediately pay the Service Fee up to the time that the Company suspended the User’s use of the Service. The User that forfeited one’s entitlement to use the Service pursuant to this paragraph will lose the rights to access and use the Service and may not exercise any rights such as the right to claim for damages.
Article 9 (Suspension of Service)
  • 1. When corresponding to any of the following items, the Company may suspend the provision of all or a part of the Service:
    • (1) a failure occurs in the equipment used by the Company for providing the Service, or such equipment is to undergo maintenance and inspection or improvement and repair;
    • (2) the Service cannot be provided due to a fire, blackout, calamity or any other force majeure event; or
    • (3) the Company otherwise deems that the provision of the Service is difficult.
  • 2. When the Company is to suspend the provision of the Service pursuant to the provisions of the preceding paragraph, the Company shall notify the User in advance according to a method deemed appropriate by the Company; save for cases of emergency.
Article 10 (Change / Discontinuation of Service)
The Company may change the content, name and other details of the Service (including the Contents), and suspend the distribution of the Contents, without requiring any prior announcement or notice to the User.
Article 11 (Liability)
  • 1. If the User causes damage to or inflicts loss on a third party, including other Users, as a result of using the Service, the Company and the provider of the Contents shall not be liable in any way therefor, and the User shall, under one’s own responsibility and cost burden, resolve such damage suffered or loss incurred by the third party as well as all problems related thereto, and shall not impose any burden on the Company and the provider of the Contents.
  • 2. If the User causes damage to the Company or the provider of the Contents as a result of breaching these Terms or engaging in a fraudulent or illegal act, the Company and the provider of the Contents may seek damages against the User.
  • 3. The Company may suspend, discontinue or abolish all or a part of the Service without having to obtain the User’s approval. Even if the provision of the Service is delayed, suspended, discontinued or abolished, to the extent permitted by the applicable laws, the Company shall not be liable for any damage that was consequently suffered by the User unless such damage was caused by the Company’s willful misconduct or gross negligence.
  • 4. To the extent permitted by the applicable laws, the Company shall not be liable for any damage that is suffered by the User as a result of using the Service, irrespective of the mode of use, unless such damage was caused by the Company’s willful misconduct or gross negligence.
Article 12 (Management of Registered Information)
  • 1. The User must not allow a third party to use one’s email address or ID, or assign or sell the same to a third party.
  • 2. The User shall manage one’s email address and ID under one’s own responsibility, and the User shall be liable for any damage caused by the inadequate management or erroneous use of the foregoing information, or the use of the foregoing information by a third party, and the Company shall not be liable in any way therefor.
Article 13 (Handling of Personal Information, etc.)
The User’s information acquired by the Company in connection with the Service shall be handled in accordance with the Privacy Policy. [Privacy Policy]
Article 14 (No Transfer, etc. of Rights and Obligations)
No User may transfer, lease, create a pledge or any other security on, or otherwise in any way dispose all or a part of one’s rights and obligations under these Terms.
Article 15 (Governing Law and Jurisdiction)
These Terms shall be governed by the laws of Japan. Any and all legal action related to these Terms or the Service shall be submitted to the Tokyo District Court as the court of exclusive jurisdiction for the first instance.
Article 16 (Consultation)
If any doubts arise regarding matters that are not prescribed herein or in the interpretation of the respective provisions hereof, the Company and the User shall consult in good faith and resolve such doubts.
Article 17 (Language)
In addition to the English version, these Terms may be translated into the language of the Service area. If there is any inconsistency in the meaning or wording between the English version and the translated version, the English version shall prevail.
Supplementary Provision
These Terms were formulated and enforced on July 10, 2020.