ticketbook Membership Agreement
Article 1: (Scope and Changes of the Agreement)
- ticketbook Membership Agreement(hereinafter referred to as “Agreement”) shall apply to Boardwalk Inc. (hereinafter referred to as "Company") and ticketbook members (hereinafter referred to as "Members") concerning the use of the "ticketbook Member Service" (hereinafter referred to as "Services") provided on the internet website (accessing from mobile phones and personal computers) operated by the Company entrusted by LDH JAPAN Inc. (hereinafter referred to as "LDH").
- The individual provisions attached hereto and the individual provisions stipulated for each new service to be provided hereafter constitute a part of the Agreement.
- The Members shall be obliged to comply with the Agreement after the conclusion of the Registration Agreement of the Service stipulated in Article 3.
- The Members acknowledge and agree that the Company may change the Agreement in a reasonable scope and manner and without obtaining each Members' approval.
Article 2: (Application for Registration Agreement)
- The Services shall be available only to the Members.
- Persons who wish to use the Services (to use the Service is hereinafter referred to as "Registration", and the persons are hereinafter referred to as "Potential Members") shall accept ticketbook Terms of Use and the Agreement provided on the Internet (mobile phones and personal computers), and shall apply for the conclusion of Registration Agreement by themselves in accordance with the prescribed procedures.
- If the Potential Members is a minor, the Potential Members shall obtain the prior consent of their custodian, such as the person with parental authority, to apply for the Services and to use the Services.
- The Potential Members shall comply with the Members rules and regulations of the credit card company, etc., which has been registered as a means of payment, and shall agree in advance that the relevant credit card company, etc. will carry out the verification of certification at the time of registration of the credit card, etc.
Article 3: (Conclusion of Registration Agreements)
- The Registration Agreement shall be deemed to have been concluded when the Potential Members makes an application for the Registration Agreement stipulated in Article 2 and the Company grants the ID and passwords of the Services to accept such application.
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The Company may not accept an application for the Registration Agreement if the Potential Members falls under any of the following items:
- If the Potential Members has been registered as the Members
- In the event that the Potential Members has received revocation of the qualifications of the Members or other punishment due to a breach of the Agreement etc.
- In the event of any false, incorrect, or missed entry in the contents of the application.
- In cases where a disposition for suspension of use, etc. of means of settlement of the Potential Members has been made by credit card companies, financial institutions, etc.
- When the Potential Members is found to belong to or be related to anti-social forces such as organized crime groups.
- In the event the Company determines that the conclusion of the Registration Agreement is inappropriate due to reasonable grounds.
Article 4: (Contact information)
- Any notice of any change to Agreement or any other notice from the Company to Members shall be given by e-mail, posted on the ticketbook website, or any other means deemed appropriate by the Company.
- In the event the notice set forth in the preceding paragraph is provided by e-mail, the Company shall deem that the notice to the Members has been completed upon sending such notice to the e-mail address previously notified by the Members. The Members shall be obligated to promptly confirm any notices sent by the Company by e-mail.
Article 5: (Change of Registration Information)
- The Members shall promptly notify the Company of any change of the information in the application for the Registration Agreement or the information submitted at the time of purchasing in the prescribed manner.
- The Members shall, without objection, agree in advance that even if the notice or the delivery of articles by the Company fails to arrive due to the failure to submit the notification set forth in the preceding paragraph, the notice or the articles shall be deemed to have arrived at the time when the notice or the articles should normally arrive, except for the cases set forth in Paragraph 2 of the preceding article.
- The Company shall not be held liable for any damage to the Members caused by the failure to submit the notification in Paragraph 1. In addition, the Members shall be fully liable for any damage incurred by the Company or any other third party due to the Members’ failure to submit the notification as set forth in Paragraph 1.
- In the event there is any error in the information of the application of the Registration Agreement, the information submitted at the time of purchasing or the information of the notification in Paragraph 1 (such as when the telephone number or e-mail address is wrongly or intentionally registered with a third party), the Company may change the information of the notification without giving any notice to the extent required.
Article 6: (Withdrawal)
- Unless requested by the Members, the expiration date of the Members shall be indefinite and shall be automatically renewed.
- In the event the Members wishes to withdraw from the membership, such Members notifies the Company of such withdrawal by himself or herself in the prescribed manner. In such event, such Members shall promptly pay all debts owed to the Company.
- The Company shall not be obligated to reimburse the cost of purchased tickets, system-use fees, etc., that have been paid by Members in the event Members withdraw from the membership. Provided, however, that this shall not apply in the event that an individual contract concerning the Services between the Company and the Members or any other contract on which the fees, etc. are paid has become null and void or has been rescinded, or in the event that such contract has been rescinded by the Members on the basis of a the Company default.
Article 7: (Suspension or revocation of the qualifications of the Members)
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The Company may immediately suspend or revoke the qualifications of the Members without prior notice if the Members falls under any of the following items. In addition, in the event the qualifications of the Members are revoked, such Members shall immediately pay all debts owed to the Company. In addition, the Company shall not be obligated to reimburse any fees, etc. already paid for any reason whatsoever (provided, however, that in the event the amount exempted from the reimbursement by the Company pursuant to this clause exceeds the amount of damage that would normally be incurred by the Company, this shall not apply to such excess amount).
- When it is found that a false declaration has been made in the registration application
- When the Members has committed an act that falls under any of the prohibited matters under Article 11.
- In the event of any delay or failure in the performance of the payment obligation of the fees, etc.
- Cases where, despite the conclusion of the purchase contract, no payment procedures, such as transfer, are taken
- In the event of an interference with the operation of the Services by any means
- In the event the use of a credit card or payment account designated by the Members has been suspended by a credit card company, collection agency, financial institution, etc., or in the event a chargeback notice has been made with regard to payment using a credit card designated by the Members.
- In the event the Company determines that the Members has multiple registrations of Membership.
- When a purchased or transferred ticket is sold or transferred to a third party for profit.
- In the event of a violation of the Agreement.
- When it is found that the Members belongs to or are associated with anti-social forces, such as organized crime groups.
- In the event the Company deems that the Members is inappropriate due to reasonable grounds.
- In the event the Members falls under any of the items of the preceding paragraph, such Members shall be liable to compensate for the damage incurred by the Company or any third party as a result of such acts.
Article 8: (Preparation Prior to Use)
- The Members shall, at its own expense and on its own responsibilities, prepare mobile phones, communications equipment, software, telephone subscriptions, and Internet-access subscriptions required for the use of the Services. In addition, the Members shall bear all communication charges and interconnection charges related to the Services.
- In the case of a mobile phone, it shall be understood in advance that it may take time or may not be possible to respond to the Services depending on the terminal, such as a newly launched mobile phone or an old type of mobile phone.
Article 9: (ID and Password Management)
- The Members shall be responsible for managing the IDs and passwords that the Company grants to the Members.
- The Members may use the Services from the website designated by the Company using ticketbook Member IDs and passwords.
- The Company shall use the entered IDs and passwords to confirm the identity of the Members. In the event the Company confirms that IDs and passwords correspond to those registered, such use shall be deemed to be the use by such Members itself.
- The Members shall assume responsibility for damages caused by inadequate control of IDs and passwords, errors in use, or use by a third party, and the Company shall not assume any responsibility whatsoever.
- In the event that the Members learns that IDs and passwords are stolen or used by a third party, the Members shall immediately notify the Company thereof and comply with instructions from the Company.
Article 10: (Use of Member Information)
LDH acquires the personal information of our customers in the Services. The Company will collect the customers’ personal information for the purposes of use listed below, as entrusted by LDH. LDH and the Company shall handle personal information of customers in compliance with the Privacy Policy stipulated by LDH and Act on the Protection of Personal Information etc. LDH shall use the personal information of customers for the purposes of use listed below. When using personal information of customers for other purposes than the purposes of use listed below, the use of such information shall not be permitted unless the customer has been notified separately and approved individually.
- Affairs related to ticket consignment sales (including provision to third parties)
- Order processing such as reservation, lottery, sales, payment procedures, and product delivery
- Identification and Certification at the registration of events
- Provision to promoter
- After-sales service and handling complaints
- for posting money orders for refunds at the time of event cancellation
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Matters relating to the provision of information by e-mail, etc.
- Providing information about purchase of a ticket and a talent
- Providing ticket buyers with a wide range of information regarding event information and related goods and digital content sales events from the time of ticket sales to the day of the event and after the event, respectively, at the appropriate timing.
- Distribution of e-mail magazines, targeting e-mails, etc. to the Members, including information on the next live event, services based on preference information of the Members, and information on events.
- Distribution of direct mail and e-magazines at the request of a third party other than the Company (introduction of services related to events, guidance on campaigns, advertising, etc.)
NOTE) Even if you do agree to the intended use of “Matters relating to the provision of information by e-mail, etc.” you will not be refused to be admitted or taken with the procedures to withdraw from the membership. In this case, the Company has prepared a screen for changing the Members’ information, so please operate the screen for discontinuing the provision of information by yourself.
- Marketing analysis including provision to third parties, improvement of the Services, etc.
- Investigation of the purchase status of tickets, other digital contents and mail order products, and analysis of various marketing activities based on the activity history
- Promotion of optimal markets for the next and subsequent periods based on analysis of places of residence, previous winners, previous seats, etc.
- Development of new systems based on convenience, tastes, and interests of the Members
- Cross-checking information on a user's lifestyle, such as a purchase history, against purchased information, information provided by a third party, and offering it as electronic data to a third party who has concluded a personal information handling contract with the Company after personalizing (analyzing the collected data and optimising it based on the user's attributes and the purchase/action history)
NOTE) Even if you do agree to the intended use of "Marketing analysis including provision to third parties, improvement of the Services, etc.," you will not be refused to be admitted or taken with the procedures to withdraw from the membership. In this case, you may request the suspension of the use of the personal information related to the purpose of use. When requesting the suspension, please fill in the required fields of the "Application for Suspension of Provision of Personal Information to a Third Party"(click here) and submit it to the designated address. - Provision to a third party for the purpose of achieving the purpose set forth in paragraphs 1 to 3
Article 11: (Prohibitions)
The Members shall not engage in the following acts when using the Services.
- Conduct that infringes, and may infringe, the copyrights, proprietary rights, privacy, reputation, or other rights of any other Members, third party or the Company
- In addition to the preceding item, conduct that is or may be detrimental or harmful to any other Members, third party or the Company
- The act of slandering any other Members, third party or the Company
- Acts contrary to or may be contrary to public order or morality, or to provide information contrary to public order or morality to any other Members or third party, or, without the consent of the Company, through the Services or in connection with the Services, to conduct for profit or for the purpose of preparing for such conduct
- The act of assigning or lending an IDs or passwords to a third party or the act of illegally using an IDs or passwords
- The act of using or providing harmful programs such as computer viruses through the Services or in connection with the Services
- Conduct that violates or is likely to violate laws and regulations
- Otherwise, conduct that the Company deems inappropriate
Article 12 (Copyright)
The Members may not use any information or files provided through the Services in any manner without obtaining the authorization of the right holder beyond the scope of the private use of the Members permitted by the Copyright Act.
Article 13: (Cancellation, Suspension, Change, etc. of the Services)
- The Company shall be entitled to discontinue, suspend, change, abolish, or delay the operation of the Services in the following cases:
- In the event of regular or urgent maintenance of the systems of the Services
- When the provision of the Services becomes unusual due to wars, riots, insurrection, labor disputes, earthquakes, volcanic eruptions, floods, tsunamis, fires, power outages, or other emergencies.
- When there is a service cancellation, suspension or change of a telecommunications carrier
- In addition, in the event the Company determines that suspension is required for the operation of the Services.
- The Company shall have no liability whatsoever to the Members or any third party for the cancellation, suspension, change, abolition or delay of the Services pursuant to the preceding paragraph.
Article 14 (Disclaimer)
- The Company shall not be liable for the damages incurred by the Members or third party arising from the provision of the Services information or in connection with the Services. Provided, however, that this shall not apply in the event where such damages were caused intentionally or through gross negligence of the Company.
- The amount of compensation for the Members set forth in the preceding paragraph shall be limited to the amount of the fees, etc. paid by such Members to the Company. Provided, however, that this shall not apply in the event of any damages due to the willful act or gross negligence of the Company.
- The use of the Services by a minor shall be carried out with the consent and responsibilities of the parent or guardian, such as the person with parental authority. As a precondition, any use of the Services by a minor shall be subject to the consent of the guardian, such as the person with parental authority. If it becomes clear that such consent has not been obtained, the Company may suspend the qualifications of the Members or take other measures pursuant to the provisions of the Agreement.
- The Company shall strictly manage and maintain the confidentiality of personal information entered or transmitted by the Members during the use of the Services by implementing procedures such as code processing, but shall not guarantee that such information is completely prevented from being leaked, lost or tampered with by others.
- The Company makes no warranty whatsoever as to the contents of the Services, the information and services it provides regarding the Services, or the information the Members obtains through the Services or e-mail sent by the Company, including but not limited to, its security, accuracy, certainty, usefulness, updates, legality, and morality.
- The Company shall not be aware of or be responsible for any information or services contained in any of the sites linked from the Services.
- The Company shall not warrant that the sales volume of any tickets or other items sold by the Services meets all of desires to purchase of the Members, or shall not warrant that the content described in any tickets or other items sold by the Services is true (including implementation as described).
- The Company shall not be liable for any damages incurred by any other Members or third party as a result of any Members’ action.
Article 15 (Language)
Japanese language version of the Agreement shall be the controlling text hereof, and if any difference arises between the interpretation of the Japanese language version and the one of the English language version, the Japanese language version will prevail over the English language version.
Article 16 (Governing Law)
With respect to the formation, implementation and interpretation of the Agreement, the laws of Japan shall apply.
Article 17 (Court with Jurisdiction)
- In the event of any dispute between the Members and the Company in connection with the Services, the parties shall settle such dispute in good faith.
- The Tokyo District Court and the Tokyo Summary Court shall have the exclusive jurisdiction by agreement for the first instance over any dispute not settled after due consultation.
Supplementary Provision: The Agreement shall be effective as of September 27, 2019 (0 a.m.), Japan Standard Time.