Terms of Showroom Membership (“Terms”)
Article 1. Eligibility of Showroom Members
- Showroom Members refer to those who have given their consent to the Terms, who have applied for admission to use the website and mobile application called “Showroom” (the “Services”) in the specifications provided and operated by Showroom. Inc. (the “Company”) using the Internet, and who have been admitted by the Company.
- Showroom Members shall use the Services in accordance with the Terms.
- If additional terms have been set out for each service within the scope of the Services (“Additional Terms”), Showroom Members shall use the Services based on the Terms and the Additional Terms. Further, if there are discrepancies in the content set out in the Terms and the Additional Terms, the content set out in the Additional Terms shall take precedence.
- Showroom Members may not lease, transfer, trade or pawn, or allow third parties to use their membership eligibility for Showroom.
Article 2. Amendment to the Terms of Showroom Membership
The Company may amend the Terms and the Additional Terms at its sole discretion. When the Terms or the Additional Terms have been amended, the amended Terms shall apply to all matters relating to the Services such as fees. However, the Company shall inform the Showroom Member prior to the amendment, if the amendment to the Terms or the Additional Terms will have a significant impact on the Showroom Member.
Article 3. Admission
- A person who would like to become a Showroom Member shall apply for membership to the Company after consenting to the Terms and in accordance with the procedures specified by the Company.
- A person who would like to become a Showroom Member shall register the prescribed information by the Company.
- If the person who would like to become a Showroom Member is a minor or a person with limited capacity, he/she shall obtain the consent of his/her statutory agent(s) or a person with the legal authority to agree on behalf of him/her, in relation to the use of the Services.
Article 4. Communication Terminals, ID and Passwords
- Showroom Members shall assume responsibility for managing their own Showroom ID, password and communication terminal where the data for verification provided by the Company is recorded such as cellular phone (including the IC card such as SIM card if that is required for the communication using the relevant communication terminal, collectively, the “Communication Terminals”).
- During the period they qualify as Showroom Members, they may not lease, transfer, trade or pawn, or allow third parties to use their IDs or passwords. If they lease, transfer, trade or pawn the Communication Terminals to any third party, they shall take the appropriate measures so as for the Showroom membership not to be used by others.
- Showroom Members shall assume responsibility for any damage caused by inappropriate management, errors in use, third party use of the Communication Terminals, IDs or passwords, or other factors, and the Company shall not assume responsible in any way.
- If the ID and passwords have become known to a third party, and if there is risk of the Communication Terminals being used by a third party, Showroom Members shall immediately notify the Company thereof, and comply with the instructions from the Company.
Article 5. Showroom Members’ Stated Information
- The Showroom Members’ Stated Information shall refer to all information transmitted, posted, registered or indicated (such actions shall be referred to simply as “Stated”) in the Services by Showroom Members themselves. The Showroom Members who State the information shall have full responsibility for the Showroom Members’ Stated Information. Showroom Members shall not provide any of the following information:
- Information that defames the honor or credit of others;
- Information that contains obscene expressions or nude images;
- Information that is fraudulent, false or self-deceiving or that leads to misunderstanding;
- Information that furthers discrimination, prejudice, racial discrimination, hatred, harassment or infringement of individuals or associations;
- Information that is violent or intimidating, or that furthers violent or intimidating act to others;
- Information that infringes the patent right, model utility right, design right, trademark right, copyright, portrait right or any other right;
- Information that contains computer viruses;
- Information soliciting contact with the opposite sex;
- Information responding to a request for contact with the opposite sex;
- Information that mediates information of a prurient nature related to contact with the opposite sex;
- Information that is offensive to public order and morals;
- Information that violates laws and regulations or furthers violating act;
- Any other information that is deemed inappropriate by the Company.
- In the event that the Showroom Members’ Stated Information breaches the Terms, or the Company deems the information to be inappropriate for any other reason, the Company may delete the Showroom Members’ Stated Information.
- The Company may freely duplicate to the servers of the Company, public transmission or by other means use all Showroom Members’ Stated Information to the extent that is necessary for the provision and promotion for use of the Services. Provided that, the information provided in the closed communication among Showroom Members will not be inspected by the Company or third parties (except for those who are admitted by Showroom Members to inspect) except for the case where it is required by the warrant, etc. For the avoidance of doubt, copyrights in any Showroom Members’ Stated Information shall not be assigned or transferred to the Company.
- Showroom Members shall not use or let persons who have succeed or been given the right from the Company use the moral rights in relation to the Stated Information.
Article 6. Collection and Use of Personal Information and Other Information
- For the purpose of providing the Service and other services incidental to the Service, the Company may share with third parties’ statistical information processed from information which the Company collects and is not the personal information.
Article 7. Transmission of Advertisements
The Company shall be able to send to the Showroom Member third party advertisements and other emails for the purpose of advertisements, and the Showroom Member agrees to receive such advertisements and emails.
Article 8. Show Gold
- Show Gold refers to the points for using content (including digital items) specified by the Company.
- Showroom Members shall read the “Show Gold: Precautions (Must Read)” that is separately stipulated and read the understand the terms therein before using Show Gold.
- Showroom Members may use Show Gold and obtain the right to use contents within the scope specified by the Company in accordance with the methods specified by the Company. Show Gold may only be used within the scope of the Services specified by the Company.
- Showroom Members may not lease, transfer, trade or pawn, or allow other Showroom Members or third parties to use Show Gold and the right to use contents, except for the case permitted by the Company.
- Showroom Members may not request refund of Show Gold or exchange of Show Gold to contents that is not designated by the Company, except for the case permitted by the Company.
- If a Showroom Member forfeits eligibility to use the Service due to withdrawal of membership etc., any unused Show Gold shall also expire at the time.
Article 9. Fees
- When a Showroom Member uses contents that is designated as paid contents by the Company, such Showroom Member shall pay usage fees in accordance with the amount, manner and due date for payment designated by the Company. The Company will not return any usage fees already paid, under any circumstance.
- In the event a Showroom Member does not pay usage fees by the date specified by the Company, such Showroom Member shall pay late payment charges of 14.6 % per annum to the Company, as of the day following the deadline for payment.
Article 10. Conditions of Content Licenses
- Showroom Members may use the contents of the Services (such as live-streaming performance, applications, webpages, digital items and other information provided in the Services) by connecting to the facilities designated by the Company via telecommunications circuits and displaying or downloading such contents on the Communication Terminals, and within the scope stipulated by the Company.
- The Company and/or other third parties that grant license or entrust the distribution of contents to the Company possesses all rights relating to all contents provided by the Company within the scope of the Services. The Company is by no means granting any licenses to Showroom Members for implementation or use of the patent rights, model utility rights, design rights, trademark rights, copyrights, know-how or other intellectual property rights owned by the Company.
- Showroom Members shall not duplicate (except for duplication solely for the purpose of personal use), adapt, publicly transmit, or otherwise use the contents distributed through the Services.
- Showroom Members may not grant a license for the reuse of the contents of the Services.
- The license for the contents of the Services shall be non-exclusive.
- The Company may, from time to time, change the effective term of the right to use each content of the Service.
- If a Showroom Member forfeits membership eligibility by withdrawal etc., the right to use the contents of the Services shall also be terminated.
Article 11. Conditions of Service Delivery
- The Company may suspend or amend the Services without notifying Showroom Members for reasons such as maintenance, etc.
- Any equipment or means of communication etc. necessary to use the Services shall be installed at the expense and responsibility of the Showroom Member.
- The Company does not guarantee that the Services are free of interruption, disruptoion or any other damage.
- The Company provides the application provided by the Company on an as-is basis, and it does not guarantee that the relevant application operates normally or that there is no defect in the relevant application.
Article 12. Prohibited Matters
Showroom Members shall not take any of the following acts:
- To decode, analyze, decompile, disassemble or reverse-engineer the application provided by the Company, servers held by the Company or the information and communicated contents generated thereby;
- To illegally or inappropriately collect, disclose or otherwise use the personal information of Showroom Members and/or those who livestream using Showrooms’ services (“live-streaming distributors)”, or the Stated Information;
- To impersonate any other individual or association or unduly pretend to have some relations with any other individual or association;
- To try to obtain the ID or passwords of any other Showroom Member or live-streaming distributors;
- To state the information stated in Article 5, section 1;
- To transmit inappropriate data such as junk email, chain mail or viruses;
- To use the Services using the automated means such as bot;
- To use the Services in order to obstruct the Services, or appear to be using it in order to obstruct the Services;
- To use bugs or malfunctions of the Services;
- To conduct any fraudulent act in the course of using the Services;
- To cause other Showroom Members or live-streaming distributors unnecessary inconveniences; and
- To conduct any act that is deemed to be inappropriate by the Company.
Article 13. Breaches of the Terms of Showroom Membership
- If any of the following matters apply to a Showroom Member, the Company may deny the use of all or a part of the Services for a period of time specified by the Company or revoke the Membership eligibility of the Showroom Member without prior notice. In such a case, the Company shall not return any fees received:
- When there is deceitful or fraudulent content in the information registered at the time such Showroom Member applies for member registration, or in the amendments made to such information after being registered as a Showroom Member, as well as when there are duplicate member registrations;
- When more than one year has passed with no use of the Services;
- If there is a delay in the payment that is supposed to be made to the Company;
- If the Company deems that the trust and confidence has been affected between the parties, such as insolvency of the Showroom Member or a legal suit being made against such Showroom Member;
- When the Company deems that a Showroom Member is a part of or associated with an organized crime group;
- When a Showroom Member breaches the Terms or the Additional Terms;
- When the Company deems a Showroom Member or the circumstance of a Showroom Member’s use of Services is inappropriate for any other reason.
- A Showroom Member who has had their Membership eligibility revoked by the Company may not be readmitted.
- The Company shall not make any compensation for any damages incurred by a Showroom Member as a result of measures taken by the Company.
Article 14. Responsibilities of the Company
- The Company shall not be held responsible in any way for the completeness, accuracy, security, usefulness, etc., of the content of the Services, or the information and contents obtained by other Showroom Members through the Services.
- Showroom Members shall use the Services at their own risk, and the Company shall not be held responsible in any way for any matter related to Showroom Members with respect to the Services and any live-streaming distributor.
- Company shall not be held responsible in any way for any matter that live-streaming distributors distribute, perform or state.
- Showroom Members shall comply with relevant laws when using the Services. Even if Showroom Members contravene the laws of Japan or foreign countries in connection with the use of the Services, the Company shall not be held responsible therefore in any way.
- If the responsibility of the Company is not stipulated in the Terms, and when Showroom Members have incurred damages (except for damages in the following section) for causes attributable to the Company, the Company shall pay compensation up to ¥10,000 (Japanese Yen) for damages that are ordinary and directly caused by the Company.
- In the event that Showroom Members have incurred damages by intent or due to gross negligence on the part of the Company, the Company shall pay compensation for such damages.
- The Company shall have no obligation to intervene in any disputes that arise between or among Showroom Members, live-streaming distributors and/or with any other third party concerning the Services. The parties concerned shall resolve any such disputes by themselves through negotiation, litigation, etc.
Article 15. Amending the Registration Information
- Showroom Members shall promptly report any changes to the registration information such as change in email address, by following the process specified by the Company. In the absence of such notification, the Company may treat the registry as unchanged.
- In the event that a Showroom Member does not notify the Company of changes to the registered information, the member may be unable to use the Services.
Article 16. Notification from the Company
Any notification from the Company shall be given to the email address registered with the Company or by way of the notification means using the function of the application provided by the Company and shall be deemed delivered at the time the email or notice via application (including the web application) should normally have arrived by.
Article 17. Cease of the Services
The Company may cease providing the Services at their sole discretion.
Article 18. Withdrawal
- Showroom Members may withdraw their membership by following the procedures established by the Company.
- If a Showroom Member withdraws their membership, the Company shall not return the usage fee already paid by such Showroom Member for contents.
- The Company shall not take responsibility to maintain information belonging to Showroom Members that have lost the right to continue using Showroom’s services for reasons such as withdrawing from the Company’s services.
Article 19. Limitation of Application
If any of the articles in the Terms are deemed to breach consumer protection laws or any other laws of Japan, only the articles which are in breach of such laws shall not apply. The other clauses which are not in breach of such laws shall continue to be applied and remain effective.
Article 20. Governing Law
The Services and the Terms shall be governed by the laws of Japan.
Article 21. Court of Jurisdiction
In the event of litigation relating to the Services between the Company and Showroom Members, the Tokyo District Court shall have exclusive jurisdiction as the court of first instance with respect such litigation.
Article 22. Language
The Japanese version of the Terms shall be the governing version. The Terms are originally prepared in the Japanese language, and if there are any inconsistencies between such Japanese version and any translation that is executed in any other language, the Japanese version shall take priority.