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Fukuyama

FUKUYAMA MASAHARU OFFICIAL WORLD FANCLUB “BROS.+” TERMS OF USE

Section 1 (Purpose)
FUKUYAMA MASAHARU OFFICIAL WORLD FANCLUB “BROS.+” (Referred to hereinafter as “the fan club.”) is composed of members residing outside Japan who support Masaharu Fukuyama (Referred to hereinafter as “the artist.”), with the purpose of supporting the artist.
Section 2 (Member Agreement)
  1. Upon joining the fan club, members will be considered to have agreed to the FUKUYAMA MASAHARU OFFICIAL WORLD FANCLUB “BROS.+” TERMS OF USE (Referred to hereinafter as “the Terms.”) in their entirety, regardless of the means by which they enrolled.
  2. The Terms apply to the receiving of the fan club services (Referred to hereinafter as “the Service.”) provided by Amuse Inc. (Referred to hereinafter as “the Company.”). Additionally, the Service falls under a “standard transaction” as defined in Paragraph 1 of Article 548-2 of the Civil Code, and the Terms fall under a “standard agreement” as defined in the same paragraph.
  3. Under the provisions of Article 548-4 of the Civil Code, the fan club may revise the Terms without advance notice by displaying and disseminating (1) the aim of revising the Terms, (2) the contents of the revised Terms, and (3) the date on which the revisions will take effect on the official fan club website operated by the Company (Referred to hereinafter as “the website.”) or other means decided by the fan club (Referred to hereinafter collectively as “the website, etc.”). However, in the event a revision will cause a significant negative impact on members, they shall be notified in advance by a reasonable period of time.
Section 3 (Members)
  1. In the Terms, “member” refers to an individual who has agreed to the Terms, applied for enrollment according to the methods specified by the fan club, and were approved by the fan club. The Company will not approve enrollment if any of the following are applicable to the applicant for membership (Referred to hereinafter as a “membership applicant.”).

    (1) The membership applicant applied for the purpose of reselling or transferring tickets to third parties

    (2) The membership applicant is suspected to have applied for the purpose of reselling or transferring tickets to third parties in cases of multiple applications with the same address, etc.

    (3) The membership applicant’s address is a corporate business office or other organization

    (4) The membership applicant is a member of a crime syndicate, crime syndicate-affiliated business/group, or other antisocial force, or they are reasonably judged to be associated with crime syndicate members or individuals closely connected with same

    (5) The membership applicant is fictitious or suspected of being fictitious

    (6) The membership applicant previously had their enrollment in the fan club or a different fan club operated by the Company revoked, or were expelled due to violation of the Terms or other regulations established by the Company.

    (7) The membership application contains false statements, errors, or omissions

    (8) The membership applicant is an individual subject to economic sanctions by the Japanese government or a foreign government, a resident of a country or region subject to economic sanctions by the Japanese government or a foreign government, or is reasonably judged to be closely connected to such an individual

    (9) Any other cases in which the fan club judges it inappropriate to approve them as a member

  2. Even after approving enrollment, the fan club may revoke approval if it is discovered the member falls under any of the items in the preceding paragraph.
  3. False statements are not permitted in the registration information submitted by the applicant.
  4. During member registration, only a single membership number can be obtained for each member (It is not possible to register multiple memberships using the same name, a different name, or a false name.). Additionally, in addition to enrollment in the fan club, members may also access the Fukuyama Masaharu Mobile service provided by the Company.
  5. Members may use their registered A!-ID (Defined in Section 12), password, membership number, membership, and all rights based on their membership and the Terms solely on their own behalf, and they may not be used on the behalf of a third party or transferred, provided as collateral, made available, or succeeded to by any third party, with or without compensation.
  6. When enrolling, members must pay the enrollment fee, annual dues, administrative fee, application fee, and associated sales tax (The sum required to pay to join the fan club; hereinafter collectively referred to as “membership fees.”) for a 1-year period as a lump sum.
  7. Membership fees paid to the Company by members will not be refunded except when there is a legal obligation to refund them due to willful or gross negligence on the part of the Company.
  8. If the member made a duplicate application for enrollment or membership renewal, membership fees which have been paid and the value of member-exclusive goods and paid services sold separately will not be refunded.
  9. Membership will remain valid for a period of 1 year from the month after the membership fees were paid to the fan club.
  10. When a member wishes to enroll or renew membership, they must complete the following procedures (To renew membership it is sufficient to complete either Item (2) or (3) below. Furthermore, members will be treated as having confirmed the expiration date of their membership on their member information page on this website.).

    (1) To enroll, they must complete the enrollment process according to the procedures specified on the website. In this case, their obligation to pay the membership fees via the specified methods is established when the associated process is completed, and enrollment cannot be canceled after this point. Moreover, the established obligation mentioned above is not terminated if they withdraw their enrollment.

    (2) To renew membership, they must manually complete the renewal process according to the procedures specified on this website before the expiration date of their membership. In this case, the member’s obligation to pay the portion of the membership fees required for the next year specified on the website (The sum required to pay for renewal of membership; referred to hereinafter collectively as “renewal dues.”) via the specified method is established when the associated process is completed, and membership renewal cannot be canceled after this point. Moreover, the established obligation mentioned above is not terminated if membership renewal is withdrawn after this point.

    (3) To renew membership, they must manually set up automatic renewal according to the procedure specified on the website at least 3 months before the expiration date of their membership. In this case, their obligation to pay the renewal dues for the following year via the specified method is established on the first day of the month in which their membership expires, and membership renewal cannot be canceled after this point. Moreover, the established obligation mentioned above is not terminated if membership renewal is withdrawn after this point. Furthermore, in some cases automatic renewal is the default setting, and this will be clearly stated on the website in such cases. Additionally, regardless of whether automatic renewal is the default setting, the configured automatic renewal setting will be applied to the following year if the member does not cancel automatic renewal according to the process specified on the website by the end of the month prior to expiration date of their membership, and the provisions of Item (3) of this section will apply from the following year forward.

  11. After the obligation to pay membership fees or renewal dues for the next year is established under the preceding paragraph, the member must pay them via the specified method, and notwithstanding the preceding paragraph, if this payment is not made by the specified due date, membership will not be acquired or renewed.
  12. Members may receive the membership benefits specified on the website. However, in order to receive the Service and membership benefits, it is also necessary to complete the registration process (free) for A!-ID operated by the Company under the A!-ID Service Terms of Use. Additionally, if the member does not prepare a connection to access the Internet via PC or smartphone (Referred to hereinafter as an “Internet connection.”), they may be unable to receive certain membership benefits.
  13. The fan club will display and disseminate necessary information via email and the website, etc. The fan club assumes no liability for a member’s inability to receive membership benefits or inconveniences such as delayed communication of information due to the member’s inability to access an Internet connection.
  14. Members are treated as having agreed to the following: advance member ticket booking is done by lottery, application requirements are restricted based on the venue and event contents, it may not be possible to purchase tickets, it is not possible to reserve the best seats, and not all concerts and events will be eligible for advance member ticket booking.
  15. At venues for concerts, etc., the fan club or its contractors may request that members present their membership card and ID, etc. If the member does not comply, cannot present the documents, or the registered name does not match the name on their ID, they may be refused admission and asked to leave the concert venue. In such cases, members cannot request a refund of the ticket price or other compensation.
  16. If the applicant is a minor, they must obtain the consent of a parent, guardian, or other conservator (Referred to hereinafter as a “guardian.”) when applying, and upon applying, they will be treated as having obtained the consent of a guardian under all laws applicable to the applicant. In such cases, when the application is made, the associated guardian will be treated as having agreed to the contents of the Terms and consented to use of the Service.
Section 4 (Member Obligations)
  1. If a change occurs in a member’s name, email address, password, or other registration information (Referred to hereinafter simply as “registration information.”), the member must promptly complete the update process specified by the fan club on the website, or notify the fan club. Furthermore, changes to the date of birth and name (excluding the surname) are not accepted regardless of the grounds. The fan club assumes no liability if messages, etc., from the fan club do not reach the member as a result of failure to update their registration information, or if they suffer losses such as missing the opportunity to receive membership benefits or other aspects of the Service. Communications with the Company must be conducted using the contact information specified in the Terms.
  2. The fan club assumes no liability regarding late procedures or payments by applicants or members after the prescribed deadline associated with the granting of membership benefits has passed.
  3. Members must be responsible for the management of their registration information and the member number issued by the Company (Referred to hereinafter collectively as “registration information, etc.”). Furthermore, use of the Service via registration information, etc., shall be treated as use of the Service by the member who registered the relevant registration information, etc. The Company assumes no liability for the management and use of registration information, etc. by members.
  4. The Company assumes no liability regarding damages suffered by a member due to the use of their registration information by a third party, regardless of willful or gross negligence on the part of the member.
Section 5 (Handling of Personal Information)
  1. The fan club may disclose personal information to cooperating companies, affiliated companies, and contractors bound by a confidentiality agreement with the Company in order to accomplish the purposes specified to members (This includes inquiries to shipping companies and credit card companies which process payments, and ticket receptions.).
  2. The Company manages personal information registered by members in accordance with the Privacy Policy the Company lists on its official website.
Section 6 (Prohibited Activities)
Members shall not engage in activities which fall under or are likely to fall under the items below.
  1. (1) Activities contrary to the purpose stated in Section 1

    (2) With or without compensation, reselling, transferring, lending, pledging, or offering as collateral to a third party of and A!-ID, advance ticket booking rights obtained via membership benefits, tickets, merchandise, or other rights based on membership via listing them with an auction or ticket reseller (including on the Internet), or purchasing, receiving, borrowing, or receiving as a pledge or collateral any of these.

    (3) Allowing a third party to use registration information, etc., via sale, transfer, use of a fictitious name, or fraudulent name change

    (4) Causing others to disclose or provide registration information, etc., or disclosing or providing it to others, with or without compensation and regardless of the means

    (5) Using the registration information, etc., of a third party to access the Service

    (6) Allowing multiple or non-specific individuals to access the Service with or without compensation and regardless of the means

    (7) Allowing other individuals to access the Service for commercial purposes, regardless of the number or identity of said individuals

    (8) Using the Service for any and all commercial activity or similar acts, as well as political or religious activity

    (9) Infringing upon the rights of the Company, the artist, or the Company’s affiliated companies and business partners (Referred to hereinafter collectively as “the Company, etc.”) via the unauthorized replication, reproduction, redistribution, or other use without the permission of the Company of writings regarding the artist, fan club newsletters, membership benefits, original merchandise, content, or audio recordings, images, and videos on the website.

    (10) Infringing upon or harming the patents, utility model rights, copyrights, trademarks, other property rights, likeness rights, publicity rights, privacy, reputation, credibility, or any other rights and interests of members, the Company, etc., or the fan club, as well as illegal activity

    (11) Infecting the Company, etc., or the website with harmful programs such as computer viruses, etc.

    (12) Stalking the artist, making requests to the artist for contact or in-person meetings, or making overtures to the Company, etc., regarding contact or in-person meetings with the artist

    (13) Defaming the artist, the Company, the fan club, or a third party, (including other members), damaging their reputation and credibility, causing losses to them, or other harassment (including posts on the Internet and social media platforms)

    (14) Making repeated or gratuitous inquiries or demands to the Company or fan club, otherwise obstructing the provision of the Service by the fan club, or interfering with the business and operations of the Company or fan club

    (15) Infringing upon rights through the use of any data, information, text, audio, images, or illustrations, etc., obtained via the fan club for the purpose of replication, sale, publishing, distribution, transfer, lending, translation, or public broadcast beyond the scope of personal use recognized under the Copyright Act of Japan.

    (16) Using sexual, obscene, violent, derogatory, or discriminatory language or actions to cause distress to the Company, etc., or a third party (including other members), or violating public order and standards of decency

    (17) Violation of the Terms or other regulations or guidelines established by the Company

    (18) Any other activities the Company judges to be inappropriate

Section 7 (Termination of Membership)
  1. The fan club may terminate membership if any of the following are applicable to the member, or if the fan club judges it to be applicable.

    (1) If the member does not complete either of the processes described in Items (2) and (3) of Section 3 Paragraph 10, it will automatically be treated as withdrawal.

    (2)The member’s registration information is determined to be false

    (3) It is discovered that the member has previously been banned from the fan club or services provided by the Company

    (4) The member has engaged in any of the prohibited activities enumerated in the preceding section or violated the Terms, etc.

    (5) Any other cases in which the Company judges it to be appropriate

  2. When a member loses their membership, the membership fees and renewal dues already paid will not be refunded, except in cases of willful or gross negligence on the part of the Company.
Section 8 (Changes to the Contents of the Service)
The fan club may change the Service including its membership benefits without notice. However, in the event it will cause a significant loss for members, they shall be notified in advance by a reasonable period of time.
Section 9 (Suspension and Interruption of the Service)
The Company may suspend or interrupt the Service without warning to perform system maintenance, or in unforeseen circumstances such as natural disasters or power outages, etc.
Section 10 (Disclaimer)
  1. The fan club assumes no liability for any damages or losses suffered by members in connection with use of the fan club or the Service, except in cases of willful or gross negligence on the part of the Company.
  2. If the member does not apply for a service which has an application deadline announced by the fan club before said deadline, all rights associated with the application are justifiably null and void (This includes cases in which said deadline passed without the member checking their notifications from the fan club.).
  3. If mailings such as tickets with a specified concert date are not received due to the absence of the member, etc., and the concert date passes, all rights associated with the tickets, etc., are void, and the paid cost, amount of sales tax thereon, and service fees will not be refunded.
  4. The fan club assumes no liability for any damages resulting from use of the Service on grounds attributable to members.
  5. The fan club assumes no liability for processing errors or accidents by post offices or financial institutions.
  6. If the Company judges that it would be significantly difficult to continue operation of the fan club due to the status of the artist’s activities or other circumstances, it may disband the fan club wholly or in part without assuming any liability, regardless of the reason for disbandment.
  7. In the case described in the preceding paragraph, upon displaying and disseminating this on the website, etc., the Company will refund annual dues received from members based on the time between the month following the date of disbandment and the expiration date of membership, refunding annual dues prorated for the number of unexpired months, while membership fees and renewal dues other than annual dues will not be refunded.
Section 11 (Compensation for Damages)
  1. Members assume liability for compensation for any damages caused to the Company or a third party in connection with their use of the fan club or the Service, except in cases of willful or gross negligence on the part of the Company.
  2. If a member receives a complaint or financial claim from another member or third party in connection with their use of the fan club or the Service, or a dispute arises with a third party, they must take responsibility for resolving it at their own expense.
Article 12 (Resolution of Disputes)
The Terms and use of the Service are governed by the laws of Japan, taking precedence over all applicable conflict of laws principles, and shall be interpreted in accordance with same. Regarding any disputes in connection with the Terms or the Service, the Tokyo District Court shall be the exclusive court of jurisdiction in the first instance.
Contact Information Specified in the Terms
150-8484
FUKUYAMA MASAHARU OFFICIAL WORLD FANCLUB “BROS.+”
https://www.fukuyamamasaharu.com/
Supplementary Provisions
Section 1 (Revisions)
The Terms were revised on April 18, 2023.

Section 2 (Interim Measures)
The stipulations of Section 3 Paragraph 12 will not apply to members who (1) completed the process to enroll in the fan club and became members prior to April 18, 2023, or (2) completed the membership renewal process prior to this date (Members who fall under (1) or (2) are hereinafter referred to collectively as “pre-revision members.”) from April 18, 2023 until their membership expiration date. However, if a pre-revision member renews their membership after April 18, 2023, the stipulations of this paragraph will apply to the pre-revision member when they complete the membership renewal process (If a pre-revision member completes the A!-ID registration process before completing the membership renewal process, it will apply after completing the A!-ID registration process.), except in cases specially permitted by the fan club.