FANCONECT TERMS OF USE FOR ALL USERS

1. Definitions

The meanings of the terms used in this Agreement shall be as set forth below:

1. 1."Site" refers to the place (www.fanconect.com) where you can receive the services of the "Fanconect" website operated by the Company.
2. 2."Service" refers to all services provided by this Site.
3. 3."User," "Member" or "You" refers to any person (including groups and organizations) who has registered with the Site and is using the Service.
4. 4."Creator" refers to an independent content provider (ICP) who establishes and operates a specific Fan Club on the Site. Creators are subject to the "Creator Terms of Use" stipulated separately.
5. 5."Fan Club" refers to a community established and operated by the Creator to provide Content and communication to its Subscribers. The provision of Content is not limited to Subscribers of the Fan Club, but can also be targeted at general users.
6. 6."Subscriber" are Users (Fan Club Members) who have joined the Fan Club established by the "Creator," and are also referred to as "Fans".
7. 7."Membership" refers to the status of holding Member's credentials (Member Account). There is no charge for creating an account. Neither Membership nor Member Account can be transferred to another person or entity.
8. 8."Production" refers to the individual or organization that manages Creators. Production" is subject to the "Creator Terms of Use" separately stipulated.
9. 9."Commission" refers to the payment, including but not limited to Fcoins and money, that the Company pays to a Creator based on the Creator Terms of Service, out of the Subscription Fee, purchase price of paid contents and Tips paid by the User to the Creator.
10. 10."Subscription Fee" refers to the subscription-based fee paid by Members of a Fan Club as a membership fee to the Fan Club they are a Member of. The amount is set by the Creator (and can be free of charge) and can be changed during the course of the Membership, but the initial amount will continue as long as the Member maintains the Membership. Members pay the subscription fee by automatic debit from their purchased Fcoins, but if there are insufficient Fcoins at the time of recurring, the same amount as the subscription fee will be debited from their credit card.
11. 11."Tips" are Fcoins that a User sends to a Creator for free in order to support the Creator. It is not necessary for the User to be a Member of the Fan Club of the Creator in question.
12. 12."Fcoins" refers to tokens used in place of coins that are purchased by Users through prepaid payment methods or granted by the Company and used to pay for, including but not limited, Subscription Fees, Tips, and paid Content.

2. Contents of Agreement

1. A.In order to use all of the Services provided by Fanconect, you must register for Fanconect account and agree to the TERMS OF USE.
2. B.Changes: Fanconect may, from time to time, make changes to the Terms. Such revisions shall be effective 30 days after we announce the changes on the homepage of the Website and post the details of the change on this page, both of which will be done simultaneously. You agree to review the Terms each time you use our Site and Services to understand these changes. If you do not agree to the changes, you may cancel your Membership in accordance with Article 12 below. Your continued use of Fanconect after the changes become effective will be deemed to constitute your acceptance of the revised Terms.

3. About our privacy policy

We encourage you to review our Privacy Policy so that you can understand our privacy practices. Our Privacy Policy is incorporated into these Terms.

4. User's account information

1. A.You represent and warrant that you are at least 18 years of age (or the age of majority in the jurisdiction in which you reside) and agree to provide Fanconect with proof of your age if requested to do so. The User agrees to provide Fanconect with accurate, complete and up-to-date information when such information is required. Failure to comply with these requirements will constitute a breach of the Terms and will be considered unauthorized access to Fanconect. Unauthorized access to Fanconect will result in immediate termination of your account and may subject you to civil and criminal liability.
2. B.User Name and Password: By registering as a Member, you automatically gain access to the Websites and Services provided by Fanconect.
3. C.You shall not use your user name in any manner that violates this Agreement or that Fanconect deems inappropriate, such as sending mass solicitation emails. Fanconect reserves the right to refuse any Member's use of the Site and Services at its sole discretion.
4. D.Username and Password Management: You are solely responsible for managing your username and password. You may not allow anyone else to use your account, and you are solely responsible for all activities that occur through your account. If you believe that your username or password has been lost or stolen, or that your account has been illegally accessed by a third party, please contact Fanconect. Until you contact us, you are solely responsible for the use of your username and password and for all Fanconect-related activities conducted through your account, whether or not such activities are authorized by you. Fanconect shall not be liable for any loss or damage arising from any unauthorized use of a Member's username and password.
5. E.Timing of Subscription and Accessible Content: Subscribers will have access to all content in the Fan Club they are subscribed to during the period from the time they join the Fan Club to the time they leave the Fan Club, as well as during any pre-subscription period chosen at the Creator's discretion. If you cancel your Membership in the middle of the subscription period, you will not be able to access any content after the end of the subscription period you have already paid for.
6. F.Re-Registration: Users who have been banned from using Fanconect may not access Fanconect without the prior express written permission of Fanconect. Users may not allow former Members or other agents who have been banned from using Fanconect to use their account.
7. G.Cancelling Fanconect Membership: You can Unsubscribe your Fan Club Membership with one touch operation in the Member page. For more information on termination, please refer to Article 12: Termination.

5. Service Fees

1. A.Fcoins: Fcoins purchased by Users by credit card through prepaid payment methods can be used to pay for Fan Club Subscription Fees, paid Content, Tips, and other services within the Site. They may also be awarded by the Company through campaigns and other means.
2. B.Basic Membership Fee: Basic Membership (Site Registration) in Fanconect is free of charge. Fanconect reserves the right to change the Fanconect Membership fee at any time without prior notice to the User.
3. C.Paid Services: The use of some services, such as text messaging, live chat and video viewing, may require the purchase of Fcoins. Fcoins may be used to purchase such additional Services ("Paid Services"). The Paid Services and these Paid Service specific terms and conditions are determined from time to time at the sole discretion of Fanconect and are subject to change at any time without prior notice to the User. The Fcoins purchased by Fanconect Members may have an expiration date. For more information about the current paid services, please see the service information page.
4. D.Payment by credit card: The User agrees to pay all fees at or after maturity as requested by Fanconect. The User agrees and re-authorizes Fanconect to charge the User's designated card each time the User uses Fanconect. The User's use of the designated card in connection with Fanconect is itself subject to the User's agreement with the card issuer. The User's rights and obligations as a cardholder are therefore governed by that agreement and not by these Terms and Conditions. You agree that, if Fanconect so chooses, Fanconect may aggregate the expenses incurred during your billing periods and charge them as one or more cumulative expenses during or at the end of each period. This may result in these cumulative charges appearing on a statement provided by the User's bank or card issuer. The User also agrees that Fanconect may defer obtaining authorization from the User's card issuer until Fanconect has charged the accumulated fees. If you would like to review your accumulated expense statement, please contact us using the Contact Form.
5. E.Changes in Costs: Fanconect reserves the right to change any and all costs and billing methods at any time, including adding additional costs and separate charges for online areas, Content or Services provided by Fanconect or its ICPs. Fanconect may, in its sole discretion, notify you of any changes in payment by posting a notice on the Site or by any other means Fanconect deems appropriate. If you are unable to accept these changes, please terminate your Fanconect Membership in accordance with Article 12 below. By continuing to use Fanconect after the changes are posted, the user is deemed to have accepted the changes.
6. F.Subscription Fee: The subscription fee for the relevant Fanconect shall be automatically renewed each month and automatically charged to the Subscriber's account. Subscribers may cancel their accounts at any time, but no refunds of subscription fees will be made. The Subscriber may cancel the use of Fanconect by completing the unsubscription procedure before the Fun Club Membership renewal date, in which case the Subscriber will not be charged for the next month's Fanconect Subscription Fee. Withdrawal from the Fan Club can be done with one touch operation on the Member's page. The Subscriber is aware and agrees that there will be no refund of the paid Fanconect Subscription fee and no refund of Fcoins. Creators may change the Content of the Fan Club they have established, including the suspension of all Content and Services provided. In this case, no refund will be made. The Subscriber acknowledges and agrees that Fanconect and its affiliates are not responsible for any discontinuation of the Fan Club or any changes to the Content of the Site.

6. Rights and Obligations

1. A.Content: You acknowledge that Fanconect contains information, communications, software, photographs, videos, images, music, voice and other materials and services (collectively, "Content"), content provided by Fanconect ("Our Content") or content licensed from ICP or other Members ("Licensed Content"). Fanconect reserves all proprietary rights in our Content and in the selection, placement, arrangement and improvement of all Content on the Site. All Users are responsible for assessing the risks associated with the Content, and Fanconect does not warrant the accuracy, completeness or usefulness of any Content. Fanconect does not review or supervise the Licensed Content. However, Fanconect reserves the right (but has no obligation) to remove any content that it deems harmful, offensive, or otherwise inappropriate. You acknowledge that neither Fanconect nor its ICPs shall be liable for any acts or omissions of Fanconect or its ICPs in connection with any Content on Fanconect or any changes to such Content.
2. B.Proprietary Rights: You acknowledge that Fanconect has granted you access to content protected by copyrights, trademarks, and other intellectual property and proprietary rights ("Rights"), and that, unless otherwise specified, the Terms and appropriate copyright and other laws and regulations apply to your use of the Content. You represent and warrant that you will only transmit (1) content that is not subject to any Rights, (2) content in which you are the Rights holder, or (3) content that you have been authorized by the Rights holder to distribute on Fanconect, in the form of a software file or otherwise through Fanconect. You represent and warrant that if you upload any files, you have the legal authority to do so. Unauthorized use of copyrighted or trademarked content is an infringement of third party Rights and is strictly prohibited.Users shall be deemed to have granted the Company a free and non-exclusive right to use, reproduce, modify, transmit to the public, or otherwise distribute the Content that they have transmitted through the Service. The User shall not assert any moral rights of author related to the content. In addition, you authorize all Members and authorized Users to access, display, view, store and reproduce the Content for their personal use. Subject to the foregoing, all rights associated with any Content posted on Fanconect are reserved by the owner of such Content.
3. C.Member Conduct: You acknowledge that communications on Fanconect may be made through text messaging, real-time or other services. You acknowledge that Fanconect cannot and does not have any obligation to verify or supervise the accuracy of any communication or its compliance with the Terms or any law or regulation. You acknowledge that Fanconect is not responsible for the acts or omissions of Fanconect, its ICPs, or any User or Member in connection with any content other than our Content.
   The User agrees to use Fanconect only for lawful and private purposes. Fanconect reserves the right to immediately terminate, without prior notice, any Member who restricts or interferes with any other User, individual, or company's use or enjoyment of the Site or Services, violates the Terms, or engages in any other conduct that Fanconect, in its sole discretion, deems inappropriate.
   You may not, directly or indirectly, use your account, or allow others to use your account, to do any of the following:
   (1) Posting, transmitting, or promoting content that is unlawful, harmful, threatening, offensive, defamatory, child pornography, hateful, or racially or otherwise inappropriate
   (2) Causing discomfort, intimidation, embarrassment, or distress, unwanted attention, or anxiety to other Fanconect Members or Users or any other person or entity
   (3) Posting, transmitting, promoting, linking to, or abetting content that is generally considered obscene, child pornography, or content that involves physical contact or sexual situations in performance or depiction on profile pages or pages that can be viewed by multiple Users or an unspecified number of viewers
   (4) Interfering with the normal flow of conversation within the Service, or engaging in any other conduct that may adversely affect other Members, Users, individuals or organizations
   (5) Impersonating any person or entity, including Fanconect staff or ICP, using a false name or a name that you are not authorized to use in conversation, or impersonating a minor
   (6) Posting or transmitting, or causing to be posted or transmitted, anything that falls under the category of chain letters or pyramid schemes
   (7) Posting or transmitting, or causing to be posted or transmitted, any unsolicited email, promotional materials or other forms of solicitation to any other User, person or entity without Fanconect's approval
   (8) Posting or transmitting, or causing to be posted or transmitted, any communication or solicitation intended or designed to obtain passwords, accounts, or personal financial information from other Users, including in the form of spidering or scraping
   (9) "Framing" or "mirroring" the Service or any portion of the Site without the prior written approval of Fanconect
   (10) Using META tags, code, or other devices that contain references to Fanconect, its Services, or the Site to direct others to other sites for any purpose
   (11) Violating any appropriate local, state, national, international or foreign laws or regulations, including without limitation any rules having the force of law, whether intentionally or unintentionally. Fanconect reserves the right to protect Fanconect and its users from objectionable email communications. The foregoing includes, but is not limited to, the right to prevent mass solicitation emails and "junk mail".
4. D.Additional Terms and Third Party Services: You agree and acknowledge that if new Products or Services are offered on Fanconect, the Terms will also apply to your use of those Products or Services.In addition to the Content and Services provided by ICP and Fanconect, the Site may contain links and access to third party content, software, websites, information or other services that adopt their own terms of use and privacy policies ("Third Party Services"). However, Fanconect does not have any control over Third Party Services and is not responsible for their content, operation or use. Fanconect makes no representations or warranties, express or implied, as to the legality, accuracy, quality or reliability of the content, information and services provided by the Third Party Services. You are solely responsible for reviewing the terms of use, privacy policies and other terms and conditions applicable to your use of these Third Party Services, and you use these Third Party Services at your own risk. Fanconect disclaims all liability for any damages resulting from your use of Third Party Services. You acknowledge and agree that you will be responsible for all losses and damages incurred on Fanconect, its users and yourself as a result of your use of the third party services.
5. E.Disputes between Users: All disputes between Members, between Creators, between Members and Creators, or between Users and any Member of the Site or Services shall be resolved between users. Fanconect is not responsible for any problems or damages arising from these disputes. Fanconect is under no obligation to resolve these disputes under any circumstances.
6. F.Changes to the Service: Fanconect may change or add to the Service, or suspend or terminate the Service, in whole or in part, at its sole discretion without prior notice. Fanconect shall not be liable for any damages arising from such changes.
7. G.Interruption of Service: Fanconect may close the Site without prior notice for any reason, including, but not limited to, unexpected server or communication line problems, disasters or other unforeseeable disturbances. Fanconect may also close the Site to perform server maintenance. Fanconect makes no warranty as to the reliability, stability, or availability of the Services provided or performed. In no event shall Fanconect be liable for any indirect, direct or consequential damages arising out of any modification, interruption or termination of the service, or any loss or corruption of, or disclosure or misuse of, any data.
8. H."Prohibited Acts: Users shall not engage in any of the following acts:(1) Modifing part or all of the Contents of this Site;(2) Using illustrations, photographs, video, audio, or any graphics in isolation from accompanying text;(3) Removing or altering any copyright, trademark, or any other intellectual property notation from the Content on this Site;(4) Unauthorized accessing to or using of the Site or Services, or any part or all of the Content available from the Site, without the Company's permission.

7. Fanconect Software License

Fanconect grants you a non-exclusive, limited license to use Fanconect's software ("Software") to send text messages, video signals of yourself, or other signals through Fanconect from authorized locations in accordance with the Terms. User acknowledges and agrees that Fanconect is the owner of the Software and that this license is conditioned upon User not converting, reverse engineering, reverse compiling or decompiling, or disassembling the Software and not creating derivative works from the Software. You may not modify the Fanconect Software or use it in any way not expressly authorized in this Agreement. You acknowledge and agree that the various technologies offered by Fanconect may not be identical on all platforms (e.g. Macintosh).

8. Warranty Disclaimer

You expressly agree that your use of Fanconect and the Fanconect Software is at your sole risk. The Site, Services, Fanconect Software and other Fanconect products are provided for User's personal use on an "as is" and "as available" basis and to the fullest extent permitted by law, without warranty of any kind, either express or implied. Fanconect provides the Services on a commercially reasonable basis and makes no promises, warranties, or representations that Members will be able to access the Services at any time and from any location of their choice or that the Services are appropriate as a whole or as a particular product. Fanconect, its parent company, subsidiaries, associated company, successors, assignees, and their respective directors, officers, employees, agents, and shareholders (the "Fanconect Parties") make no warranties (express or implied) regarding the products or Services provided through Fanconect, except as expressly stated in this Agreement, are not a party to, and have no control over, any transaction between you and any third party provider of goods or services. Fanconect does not warrant that all transmissions through the Site or Services will be secure or that the elements in the Site or Services that prevent unauthorized access, use, or downloading of Content will be effective in all cases, and that your use of the Site or Services will be lawful in all jurisdictions. Fanconect Parties specifically disclaims, to the fullest extent permitted by law, all warranties relating to the Content, Services and Site, including all express and implied warranties of non-infringement, merchantability and fitness for a particular purpose.

9. Limitation of Liability

The Fanconect Parties involved in Fanconect shall not be liable for any damages arising from the use of the Fanconect service, including but not limited to.

1. A.Any loss or damage arising from:(a) Inability to access the Site or use the Services, or to access Third Party Services through the Services;(b) Making any changes to the Site or Services, and temporarily suspending or permanently terminating your access to the Site or Services or your account;(c) Any action against a User by any third party in connection with any claim of infringement of that third party's rights relating to a User's Content or User's use of the Site and Services, or any action taken by Fanconect or law enforcement agencies as part of an investigation related to a User's use of the Site and Services;(d) Technical malfunctions of the Site or Services, or inaccuracies or defects in the Content;(e) The User's failure to provide Fanconect with accurate and complete information, or to keep the User's own login name or password confidential.
2. B.Loss of or damage to computer hardware or software, loss of data (including User Content), or loss or damage resulting from a breach of security;
3. C.Other direct, indirect, incidental, punitive and consequential damages

10. Indemnification

You agree to indemnify and hold Fanconect Parties harmless from and against any and all liabilities, claims and expenses arising out of your violation of the Terms, your use of, or in connection with your transmission of, any content on the Internet, including Fanconect and any other activities related to your account. Fanconect reserves the right to defend itself in any matter otherwise subject to indemnification by the User under the Terms.

11. Purchase and Refund of Content

Transactions between the Creator, who is the operator of the Fan Club, and the user who purchased the content as a Fan or general member will be carried out at the responsibility of the Creator, who is the seller, and the Company will not be directly involved in each transaction. All Content sold by Creators is non-refundable and non-exchangeable, except in cases where exceptions can be made with specific legal effect. When you click on the "Subscribe" button or other button to complete the purchase process, you will be immediately charged Fcoins corresponding to the price in question. However, if there is a special reason, such as an obvious purchase error, the Company and the seller Creator may decide to return the Fcoins on a case-by-case basis.

12. Termination

1. A.Cancelling Fanconect Membership: Both Fanconect and the User may terminate the User's use of the Service at any time.
   This termination is your sole right and remedy in the event that you are dissatisfied with
   (1) the Terms or any of Fanconect's policies or practices in the operation of Fanconect
   (2) the content accessible through Fanconect or any changes thereto; or
   (3) the amount or type of fees, surcharges or payment methods or any changes thereto.
   If you are not satisfied with Fanconect, you may finish using Fanconect at any time. Unless otherwise agreed to in writing by Fanconect, any other termination of your account will not be considered a formal termination and you will be liable for all costs and other consequences of such improper termination as well as all costs and other consequences of your continued membership status.
2. B.Termination: Your Fanconect Membership will be ended in accordance with Fanconect's termination policies and procedures. In addition, Fanconect may, at any time and for any reason, suspend your access to the Site and Services and terminate this Agreement in its sole discretion. The foregoing includes, but is not limited to, any activity that occurs through the User's account that (i) violates this Agreement, (ii) infringes or violates the rights of Fanconect or any third party or any applicable laws or regulations, or (iii) is any activitites deemed inappropriate by Fanconect.
3. C.Cost: No refunds will be made if a User's account is terminated. No refunds, cash or other forms of refunds for online time or other Fcoins will be given. Active Fanconect Members may not allow accounts to be used by terminated Users or other agents whose Membership has been terminated. Accounts with overdue or unpaid fees or unresolved issues with the Customer Service Department or other Fanconect departments must be resolved prior to re-registering with Fanconect.
4. D.User Content: Upon termination of a User's account, all Content associated with the User's account will be permanently deleted, except for that which we are required or permitted to retain under appropriate laws or regulations, or that which is necessary to protect our business interests. Fanconect is not responsible for any damage caused by deleted content or the termination of a User's account. In addition, Fanconect is under no obligation to remove or confirm the removal of any User Content that has been shared with third parties.

13. Dispute

User must immediately notify Fanconect of all claims or causes of action arising out of or related to the User's use of the Site and Services. Notwithstanding the terms of this Agreement and any conflicting provisions of the statute of limitations or similar statutes, the User and Fanconect expressly agree that all causes of action arising out of or relating to the Site and Services shall be forever barred unless commenced within one (1) year after the cause of action accrues.

This Terms and User's use of the Site and Services shall be governed by the laws of Japan. However, the conflict of laws principles shall not apply. The User acknowledges and agrees that the Site is intended for use within Japan and does not give rise to personal jurisdiction, general or specific, over Faconect in any jurisdiction outside of Japan. The User expressly agrees that all disputes between Fan Connect and the User shall be decided exclusively by the Tokyo District Court and the User and Fan Connect agree to submit to the personal jurisdiction of such court. The User's conduct may be subject to other local, state, and international laws. Users who access the Service from outside Japan do so at their own choice and are responsible for compliance with the laws and regulations, if any, applicable to their location.

Class Action Waiver: All claims arising out of or relating to the Terms or the Site must be brought in an individual capacity, not as a plaintiff or member of a class or representative action, and the arbitrator will not consolidate the claims of more than one person, unless otherwise agreed to by us.

14. Choice of Governing Law and Jurisdiction

The User agrees that this Agreement shall be governed by and construed in accordance with the laws of Japan. The "United Nations Convention on Contracts for the International Sale of Goods" shall not apply to this Agreement. Notwithstanding the foregoing, this provision shall in no way limit the parties' rights to modify the choice of law provisions in this Agreement for the limited purpose of preserving the limitation of liability provisions of this Agreement. Any dispute arising out of or relating to the performance of this Agreement shall be brought before and settled by the Tokyo District Court, and Creator hereby submits to the jurisdiction of such court.

15. Language

16. Miscellaneous

1. A.A. If any part of this Agreement is held to be invalid or unenforceable, that provision shall be construed in accordance with the appropriate laws and regulations in a manner that reflects the original intent of the parties to the greatest extent possible, and the remaining provisions of this Agreement shall remain in full force and effect.
2. B.B. No waiver of any provision of this Agreement shall be deemed a subsequent or continuing waiver of that or any other provision or right, and the failure of Fanconect to exercise any right or provision hereunder shall not constitute a waiver of that right or provision.
3. C.C. Fanconect may assign all or any part of Fanconect's rights and obligations under this Agreement to any third party at any time without notice. The foregoing includes, but is not limited to, any person or entity that acquires all or substantially all of the assets or business of Fanconect. The User may not assign this Agreement, in whole or in part, to any third party without the prior written consent of Fanconect. This Agreement is not intended to grant any rights to third parties other than the User and Fanconect. However, the foregoing does not affect the right of Fanconect to transfer its rights and obligations to third parties as described above in this article.
4. D.D. Feedback: We encourage you to provide feedback about us and the Site, but we will not treat any suggestions or ideas presented as confidential information. Nothing in this agreement shall obligate you to make any payment or otherwise limit our right to use, benefit from, disclose, publish, or otherwise exploit any Feedback.
5. E.E. Monitoring, etc.: The User agrees that the Company may monitor or inspect the usage of the service for the purpose of investigation and patrol, may contact the user by e-mail or other means to inform the user of matters and precautions, and may check the contents of postings and messages to ensure soundness.

17. Copyright Infringement

If you believe that the copyright of your work has been infringed upon on this Site, please contact Fanconect in writing.

Please make sure that the complaint contains the following:
(i) an electronic or physical signature of the User; and
(ii) a description of the copyrighted work that you claim is infringing; and
(iii) a detailed description of the material that you claim is infringing that we can use to identify the material (e.g., the URL on which the infringing material appears); and
(iv) your detailed contact information, including your full name, address, and telephone number (please note that your contact information and the content of your complaint may be provided to the User who posted the claimed content); and
(v) A statement that:
(1) you have a good faith belief that the described use of the copyrighted work described by you is not authorized by the copyright owner, its agent, or the law
(2) your claim is accurate; and
(3) you swear under penalty of perjury that the User is the owner of the exclusive copyright that is claimed to be infringed or is authorized to act on the owner's behalf.

18. Notice

If you discover content that you suspect violates laws or infringes on the rights (but not the copyrights) of Users or third parties, please contact us with a detailed complaint and the user's contact information.

If you believe that your Content or access has been inadvertently suspended, removed, or terminated, please contact us. We may provide you with a notice of our receipt or the reason for our response so that you and the User who sent the notice can resolve the issue directly. You agree that we are not responsible for removing any content or terminating your access to Fanconect under any circumstances.

All notices or requests regarding User's payment should be sent via the Contact Form All notices sent by you to Fanconect will be deemed to have been reached when received by Fanconect. All notices sent by Fanconect will be deemed to have been reached when sent to the contact address provided by the User or when Fanconect posts the notice on the Site.