THEATRE for ALL Terms of Service

THEATRE for ALL Member Term of Use (“Terms of Use”) stipulates the terms of use for video distribution service “THEATRE for ALL” (“Service”) operated by Precog co., LTD. (“Company” “we” or “us”) between the customers using the Service (“Customer” or “you”) and the Company.

Article 1 (Definition)

In addition to those separately stipulated in the main text, the terminologies stipulated in the Terms of Use will be defined as follows.

・“Service”: means video distribution service “THEATRE for ALL” operated by the Company.
・“Website”: means the official website of the Service.
・“Customer/you”: means anyone who has visited the Website not limited to a person who has registered as a Member.
・“Member”: means a customer who has registered as a member of the Service not limited to a person who has purchased these Contents.
・“Contents”: means those stipulated in paragraph 1 of Article 2 of Act for the Creation, Protection and Exploitation of Contents (Act No. 81, 2004)
・“These Contents”: means video and other Contents purchased and viewed by a Member on the Website.
・“Purchase”: “purchase” of the Contents means a granting of nonexclusive user rights to a Member after a Member makes a payment to the Company.
・“Contents Purchase Agreement”: means agreement related to purchase of these Contents between a Member and the Company.

Article 2 (Application/Change of the Terms of Use）

1. The Terms of Use will be applied to use of the Service by the Service Member and any other customers who visit the Website.。
2. If a Customer is a minor, he/she needs to obtain a prior approval of his/her parent or other legal guardian in order to use the Service.
3. We may revise the Terms of Use as necessary. In doing so, we will establish the time of effectuation and will display the revised version of the Terms of Use on the Website, and will notify you about such revision via method separately stipulated by the Company.

Article 3 (Member Registration）

1. If a Member decides to purchase these Contents (includes purchase of subscription, the same will apply below) via the Website and use other various services that we offer, he/she will need to register a member information such as name, email address and payment information, etc. in the Service by following our prescribed procedures.
2. Upon registration, a Member is required to enter correct member information, and must always maintain the latest information.
3. If a Member makes a change in the registered information, he/she must promptly submit a notice of change by following the registration procedure on the Website and our other prescribed procedures.

Article 4 (Purchase of Contents）

1. A Member who wishes to purchase these Contents must apply for such purchase to the Company by following our prescribed procedures.
2. The application for purchase by a Member will become effective at the time in which such application data arrives to our server via internet connection.
3.　The Contents Purchase Agreement will form between a Member and the Company, at the time when a Member’s application for purchase arrives to us, and us approving such application via our prescribed procedures.
4. After the Contents Purchase Agreement is formed, a Member may not change or withdraw the application for purchase.
5. By signing the Contents Purchase Agreement, a Member will be granted with a nonexclusive and nontransferable user rights for the Contents. Also note that if user rights contain expiration period, such rights will extinguish after lapse of scheduled period.
6. Upon signing of the Contents Purchase Agreement, if we make a separate indication such as agreement containing periodic purchase (subscription), amount, period of agreement and other terms of sales, you must abide by such indication.
7. To view these Contents, a Member must provide necessary computer, smartphone, tablet and other devices, telecommunication equipment, operation system, means of telecommunication, electric power, etc. (“Viewing Environment”) at his/her own expense and responsibility. We will not be liable in any way if a Member cannot view these Contents due to his/her failure of providing Viewing Environment.

Article 5 (Payment)

1. A member will make the payment of the Contents Purchase Agreement via credit card, bank transfer or our other prescribed method, by the due date specified by us.
2. If the payment of the Contents purchase is not made by the due date specified by us, we may cancel the Contents Purchase Agreement or suspend all or part of use of these Contents by a Member.
3. After the Contents Purchase Agreement is formed, we will not accept any request made by a Member such as return of these Contents (withdraw of user rights), refund, etc. Although we are not obligated to provide any refund for the payment of purchased Contents, we reserve the right in advance to be able to provide refund, etc. at our sole discretion.
4. Regardless of whether or not these Contents have been purchased, we reserve the right in advance that allow us to approve or suspend the providing of these Contents at our sole discretion.

Article 6 (Privacy Policy)

We will properly handle your information in accordance with Theater for All Privacy Policy.

Article 7 (Intellectual Property Rights)

1. Copyrights relating to materials that comprise these Contents (texts, photo, video, audio, etc. hereinafter, “Materials”) and any other rights will belong to us or third party who granted us with these Contents.
2. Except for the Materials described in the preceding paragraph, any rights related to the Materials comprising the Service will belong to us or third party who granted us with the rights.
3. In addition to the rights stipulated in the provisions of the Terms of Use, you will not obtain any rights related to these Contents and the Service through the use of the Service.

Article 8 (Prohibited Acts)

1. You will not be allowed to engage in the following acts under the Service (“Prohibited Acts”).
- 1.1. Act in violation of laws and regulations, judgment, decision, order of court, and legally binding administrative measure.
- 1.2. Act that may injure public order or morality.
- 1.3. Act that infringes upon intellectual property rights, portrait rights, honor rights or privacy rights of the Company or third party, any other rights under laws and regulations or agreement.
- 1.4. Act of posing as the Company or third party, or intentionally distributing false information
- 1.5. Act of lending, exchanging, transferring, selling/buying, pawning, establishing collateral, allowing use, disposing the Service or these Contents to third party by giving secondary approval or via other method.
- 1.6. Act of publishing or sending, by illegal gathering or disclosure (or requesting such disclosure) of personal information, registration information, etc. of others
- 1.7. Act such as disassemble, decompile, and reverse engineer of technology/know-how used in the Website
- 1.8. Act of manipulating the Website by using technical means, intentional use of bug of the Website, making improper inquiry or demand to the Company by unnecessarily repeating the same questions, etc., other acts obstructing and causing hindrance to our providing of the Website or the use of the Website by other members
- 1.9. Act that prepares, assists or promotes any of the above acts
- 1.10. Other acts that we deem improper
2. If we determined that you have committed Prohibited Acts, we may take the following measures without any notice to you.。
- 2.1. Warning
- 2.2. Cancellation of the Contents Purchase Agreement
- 2.3. Suspending the providing of all or part of member qualification
- 2.4. Other measures that we deem necessary and appropriate

Article 9 (Suspension of the Service, etc.）

If we determine that you fall under any of the followings, we may refuse the approval of the agreement, or cancel the agreement or take other measures that we deem necessary and appropriate.

1. If petition is filed against you for commencement of bankruptcy procedure, civil rehabilitation procedure, and other insolvency procedures
2. If payment settlement agency or receipt agency suspends their providing of payment settlement/receipt agency service towards you
3. If you are identified as antisocial forces

Article 10 (Company’s Waiver of Liability)

1. We do not guarantee you, explicitly or implicitly, that the contents and data, etc. provided in the Service to not contain any actual or legal defect (including, without limitation, safety, reliability, accuracy, completeness, usefulness, adaptability for specific purpose, defect, error, bug, infringement of rights, etc. related to security, etc.).。
2. We will not be liable in any way for any damage incurred by you or third party due to the Service, provided, that such provisions of waiver will not be applied if the agreement signed between you and us (includes the Terms of Use) falls under consumer contract stipulated in Consumer Contract Act.
3. Notwithstanding the proviso of preceding paragraph, out of damage that you incurred due to nonperformance of obligation or tortious act due to our negligence (excludes gross negligence), we will not be liable in any way for damage arising from special circumstance (includes the case where the Company or a Member predicted or could predict the occurrence of damage).
4. The amount of compensation for damages that you are entitled to receive due to nonperformance of obligation or tortious act due to our negligence (excludes gross negligence) will be limited to the amount you paid us for the products that you purchased within past 12 months.
5. We will not be liable in any way for interruption, suspension, termination, inability to use, or change arising in providing of the Service, deletion or loss of the Contents posted in the Service by a Member, and other damages that you incurred related to the Service.
6. With respect to the damage that you incurred due to interruption, suspension, termination, inability to use, or change in the service operated by other service provider cooperating with the Website such as payment settlement service operated by a third party, we will not be liable for any compensation or obligation to demand such service provider to resume or correct such service.

Article 11 (Suspension of the Service for Maintenance and Inspection, etc.)

1. We may suspend or interrupt all or part of the providing of the Service for maintenance and inspection of the system, etc. related to the Service, by displaying a prior notice on a section of the Website deemed appropriate by us.
2. Regardless of the preceding paragraph, in the following cases, we may suspend or interrupt the providing of all or part of the Website without any prior notice to you.
- 2.1. If performing emergency maintenance and inspection of the system, etc. related to the Website
- 2.2. If computer, telecommunication line, etc. connected to the system related to the Website stops due to acciden
- 2.3. If unable to operate the Website due to force majeure such as earthquake, lightening, fire, storm and flood damage, power outage, natural disaster, etc.
- 2.4. Other reasons that we deem suspension or interruption is necessary
3. We will not be liable in any way for damages that you incurred due to measures implemented in accordance with the above two paragraphs.

Article 12 (Notice)

If it becomes necessary to notify you, we will display notice in the appropriate section on the Website, or notify you via email, telephone, mail or other means deemed appropriate by us.

Article 13 (Governing Law/Jurisdictional Court）

The Terms of Use will be governed by the laws of Japan. Any dispute arising between the Company and the Customer will be resolved at the Tokyo District Court as the agreed exclusive court of the first hearing.

Article 14（Inquiry）

Please contact the below Theater for All Support Center contact information about any inquiries on the Terms of Use and other inquiries on Theater for All.

Theater for All Support Center

Email address for inquiry： tfa@precog-jp.net

Enacted on February 1, 2021