Membership and Ticket Purchase Terms and Conditions
Membership Terms and Conditions
These Membership Terms and Conditions (hereinafter referred to as the “Membership Terms”) set forth the terms and conditions for use of the fan club service (hereinafter referred to as the “Service” and the contract concerning use of the Service hereunder shall hereinafter be referred to as the “Agreement”) provided by LDH JAPAN Inc. (hereinafter referred to as the “Company”) between the Member using the Service and the Company.
We ask that you read the Membership Terms in its entirety and agree to them before using the Services.
Caution: Minors should read this Membership Terms with their parents or guardians. If you are a minor, please obtain consent from your parent or guardian to use this service.
For individuals in the United States, our Services are not directed to anyone under the age of 13, and YOU MUST BE AT LEAST 13 YEARS OLD TO BECOME A MEMBER AND/OR USE THE SERVICES.
If we have actual knowledge that you did not obtain required consent, or you are under the age of 13 (for individuals in the United state) or under the minimum age at which a person may use the Services in your state or country, we will cease providing the Services to you and delete your Membership and any related data.
Article 1 Scope of Application of the Membership Terms
1.
These Terms shall apply to fan club Members (hereinafter referred to as the “Members”) with respect to PSYCHIC FEVER GLOBAL OFFICIAL FAN CLUB (hereinafter referred to as the “Fan Club”).
2.
This Fan Club consists of Members who support PSYCHIC FEVER and EXILE TRIBE, and the purpose of this Fan Club is to support PSYCHIC FEVER and EXILE TRIBE. Those who have agreed to this purpose may obtain Membership qualification pursuant to the provisions of this Membership Terms and receive Membership benefits as set forth in Article 3 hereof.
3.
With respect to the handling of tickets for which the Fan Club sells or distributes tickets to Members (hereinafter referred to as “Tickets”), Members shall comply with the Ticket Purchase Terms and Conditions separately set forth by the Fan Club (hereinafter referred to as “Ticket Purchase Terms” and collectively referred to as the “Terms”).
Article 2 Operator
The Fan Club shall be managed and operated by the Company.
Article 3 Membership Privileges
The Membership privileges of the Fan Club are as follows:
・Disclosure of EXILE TRIBE MAGAZINE
・Access to pages limited to Members of the Fan Club website
・Advance lottery reservation for live tickets
・Other benefits provided by the Fan Club
Article 4 Application of Membership Terms
Upon completion of the admission process procedure and becoming a Member of the Fan Club, these Membership Terms shall apply to the Member, and the Member shall be required to comply with these Membership Terms.
Article 5 Amendments to Membership Terms
1.
The Fan Club may amend this Membership Terms without obtaining the approval of the Members, and the Members agree in advance that these Terms may be changed in accordance with the provisions of this Article, in the event that the amendments are in conformity with the general interests of the Members, or in the event that the amendments are not contrary to the purpose of this Agreement and are reasonable in light of the circumstances concerning the necessity of the amendment. In this case, the terms and conditions shall be governed by the amended Membership Terms.
2.
In the event that the Fan Club amends this Membership Terms, the Fan Club shall determine the effective date of the amendment, and shall inform and notify the Members of the fact that these Terms will be amended, the amendment to be made to the Membership Terms, and the effective time of the amendment, by posting them on the Fan Club website (https://intl.pcf.exfamily.jp/), by e-mail, or by any other method deemed appropriate by the Fan Club.
3.
In the event that a Member extends the Membership period as a Member of the Fan Club in accordance with the provisions of Article 7, Paragraph 1 after the amendment of this Membership Term becomes effective, the Member shall be deemed to have agreed to the amended Membership Terms. In addition, in the event that a Member uses the services of the Fan Club after the amendment of these Membership Terms, such Member shall be deemed to have agreed to such amendment.
Article 6 Notice and consent from the Fan Club
1.
Notifications from the Fan Club to Members shall be posted on the Fan Club website, emailed to the Members, or by any other method deemed appropriate by the Fan Club and the Member shall be notified of necessary information from time to time.
2.
The notice set forth in the preceding paragraph shall be deemed to have been completed at the time when it is posted on the Fan Club website or when it is sent by email.
3.
The Member shall be obliged to read and confirm the notices from the Fan Club without delay.
4.
The emails from the Fan Club shall be sent to the email addresses registered by Members, and the Fan Club shall not be liable for non-delivery due to non-registration or misregistration, non-delivery of emails attributable to providers (including without limitation, mobile phone companies.).
Article 7 Admission Fee, Annual Membership Fee and Membership Period
1.
This Agreement shall be concluded for a period of one year, in accordance with the provisions of this article. Members shall pay to the Fan Club the admission fee and annual Membership fee stipulated by the Company at the time of entry. The date of payment shall be the date of admission and the Membership is valid from the date of admission until the end of the month that includes the one year anniversary from the date of admission.
2.
In the event that a Member wishes to extend the Membership period, the Member shall pay to the fan club the annual Membership fee determined by the Company at the time of extension of the Membership period in accordance with the following payment method:
[Content applied to Members who choose credit card payment]
The period of use of the Service (hereinafter referred to as the “Service Period”) shall be from the commencement of use of the Service (provided that credit card payment is made.) to the end of the month that includes one year anniversary from date of commencement of use of the Services, and if the Member does not withdraw by the expiration date of the Service Period, the Service Period shall be automatically extended for another year and the same shall apply thereafter. The Company shall inform the Member of the expiration of the Service Period and the automatic extension of the Service Period one month prior to the expiration of your Service Period by sending an email notification to the email address registered by the Member. If the Member does not wish to extend the Service Period, please cancel your automatic renewal before the expiration date of the Service Period.
3.
In the event that a Member wishes to withdraw from Membership during the Membership Period, the withdrawal procedure shall be carried out in the prescribed manner. In the event of withdrawal from Membership, the Service shall become immediately unavailable, and no reimbursement shall be made for the admission fee or annual Membership already paid by the Member.
4.
Except as set forth in Article 17, Paragraph 1, no reimbursement shall be made for the admission fee or annual Membership already paid by the Member.
Article 8 Registration and change of Membership Information
1.
Applicants must agree to all of the Membership Terms before applying for Membership. The Fan Club accepts applications for Membership and approves Membership through necessary screening and procedures. However, the Fan Club may not approve an applicant for Membership if it determines that the applicant falls under any of the items of Article 9, Paragraph 1
2.
No fictitious name or duplicate or false registration shall be made in the event of application of Membership or change procedures.
3.
In the event that the Applicant is a minor, the Applicant shall ensure that the Fan Club has obtained the consent of his/her legal representative, such as the person who has parental authority, when applying for Membership.
4.
In the event of any change in the information of Membership registration, the Member shall promptly follow the procedure for changing the information of the registration in the prescribed manner.
5.
The Fan Club shall not be held responsible for any disadvantages such as non-delivery of postal items, failure to receive services such as special benefits, due to the failure of the procedures stipulated in the preceding paragraph.
Article 9 Approval of Membership Registration
1.
The Fan Club may not approve the Membership if it determines that the applicant falls under any of the following conditions:
(1) When the Applicant is already a Member;
(2) Where the Applicant has been revoked its Membership past due to a violation of these Membership Terms;
(3) When there are false entries, errors, or omissions in the application of Membership registration;
(4) When the Applicant is a juridical person;
(5) When a large number of applications have been made from the same address (Applications by family members or those living with the applicant are excluded.);
(6) Where the address of the Applicant is the business office of the juridical person;
(7) When there is no actual or suspected existence of the Applicant;
(8) When the Applicant belongs to an organized crime group, a company or organization related to an organized crime group, or other anti-social forces, or when an employee has or is suspected of having a relationship with an organized crime group, a company or organization related to an organized crime group, or other anti-social forces; or
(9) Other cases where the Fan Club determines that it is inappropriate for the Applicant to join the club to become a Member.
2.
In the event that the Member is found to fall under any of the items in the preceding paragraph or any of the following items, the Fan Club may immediately suspend, cease, or withdraw its membership without prior notice, even after approval of membership, even after the Fan Club has approved the Membership.
(1) Non-payment of the any Membership fees;
(2) When any data (including information, text, sound, images, images, and illustrations) obtained through the Fan Club is reproduced, sold, published or broadcasted, beyond the scope of private use permitted by the Copyright Law;
(3) When the Member engages in activities for the profit of himself/herself or a third party or activities for the preparation thereof using the Fan Club;
(4) Reselling, transferring, lending, or changing the name of the ticket to a third party through an Internet auction or other means, or in the case of establishing a pledge or providing other security of advance lottery reservation rights for tickets, ticket, merchandise, or other rights held based on the Membership qualification acquired through Member privileges;
(5) Violation of laws and acts that question the quality of membership such as defaming artists and the Fan Club;
(6) Infringement or threatened infringement of the copyrights of artists, other Members, the Fan Club, or other third parties;
(7) Infringement or damage, or threatened infringement or damage to the right or privacy of artists, other Members, the Fan Club, or other third party, or the risk of infringement or damage;
(8) Defamation of artists, other Members, the Fan Club or other third parties;
(9) When used in connection with a supposed crime or connected to a crime;
(10) When used for election campaigns, religious or political activities, or sexual activities;
(11) Use of the Services for commercial purposes;
(12) Unauthorized use of Membership numbers or passwords;
(13) When computer viruses or harmful programs are introduced;
(14) When a Member has committed an act in violation of laws and regulations or public order and morals;
(15) In case of obstructing the operation of the Fan Club;
(16) In the event of a breach of these regulations; or
(17) Other cases where the Member is judged to be inappropriate as a Member of the Fan Club.
3.
Any Applicant or Member shall immediately present a certificate of identity or a copy thereof to the Company upon the Company’s request.
4.
In the event that the measures are taken in accordance with the provisions of Paragraph 2, no reimbursement shall be made for the admission fee or annual Membership already paid by the Member, except for reasons attributable to the Company.
Article 10 Changes and Suspension to the Service
Our company may modify or suspend the Services, in whole or in part, temporarily or permanently, at any time without any notice, and the Member acknowledges in advance that our company, in our company's sole discretion, will take such action. The Member also agrees that our company has no responsibility to the Member for any change or suspension of the Services.
Article 11 Facilities
Members shall, at their own expense and responsibility, prepare and use communications equipment and software necessary for using the Services, and all other necessary equipment and communication lines.
Article 12 Principle of Self-Responsibility
1.
In the event of any damage to a Member as a result of the use of the Service, or in the event of any damage to a Member as a result of a failure by the Member to perform its obligations under this Agreement, the Member shall settle the matter at its own responsibility and expense.
2.
In the event that a Member causes any damage to the Fan Club or any other person due to the use of the Service, or in the event that a Member causes any damage to the Fan Club or any other person due to the Member's failure to perform its obligations under this Agreement, the Member shall compensate for such damage at its own responsibility and expense.
3.
The Fan Club shall not be responsible or liable for any damages incurred by a Member or any third party as a result of the use of the Services, except for cases attributable to the Fan Club.
Article 13 Responsibility for Managing Membership Number and Password
1.
Members shall be responsible for managing the Membership number and password granted to the Member by the Fan Club.
2.
Members shall not allow another person to use the Membership numbers and passwords, or share them with others, or lend, transfer, change names, buy, sell or pledge them.
3.
The Fan Club shall not be liable for any damage incurred by any Member due to the use of the Membership number and password by any other person, except where there are cases attributable to the Fan Club.
4.
In the event that the Membership number and/or password are stolen, or a Member becomes aware that they are being used by a third party, the Member shall immediately notify the Fan Club thereof, and shall follow instructions by the Fan Club.
Article 14 Prohibitions
1.
Members shall not engage in any of the following acts at the Fan Club.
(1) Acts that infringe or are likely to infringe the intellectual property rights such as copyrights and trademark rights of others (including the Fan Club; the same shall apply hereinafter);
(2) Acts that infringe or are likely to infringe the property, privacy, or portrait rights of others;
(3) Acts of discrimination or slander against others, or defame or discredit of others;
(4) Acts that interfere with the operation of the Fan Club or cause disadvantage or damage to the Fan Club;
(5) Business activities or profit-making activities using the Fan Club, or activities aimed at preparing such activities;
(6) Offenses such as fraud and acts leading to or likely to lead to crimes;
(7) Acts of establishing or soliciting participation in a pyramid scheme (Including multi-level marketing or the like.);
(8) Acts that contravene public order and morality, or acts that are likely to do so:
(9) Unauthorized use of Membership number and password;
(10) Acts of using the Fan Club by impersonating another person;
(11) Falsifying or erasing data of the Fan Club or others;
(12) Acts of using or providing harmful computer programs;
(13) Excessive pursuit against artists;
(14) Other acts that violate or are likely to violate laws and regulations; or
(15) Other acts deemed inappropriate by the Fan Club.
2.
In the event of any damage to the Fan Club or any third party caused by any act of the Member falling under the preceding paragraph, such Member shall assume all legal responsibilities even after the loss of Membership and shall not cause any inconvenience to the Fan Club.
Article 15 Handling of Personal Information of Members
1.
The Fan Club shall comply with applicable laws and regulations concerning the personal information of the Members held by the Fan Club (hereinafter referred to as “Personal Information”) and shall properly handle such information.
2.
In order to respond to inquiries from customers, Personal Information registered with this fan club will be retained for six months after the expiration of the usage period or withdrawal from the Fan Club. After that period, the Fanclub will permanently delete the Personal Information in a non-reusable manner without delay.
3.
The handling of personal information by Members of the Fan Club shall be in accordance with the Personal Information Protection Policy and the Privacy Policy separately provided by the Company.
Article 16 Secrecy of Communications
1.
The Fan Club shall maintain the confidentiality of communications of its Members in accordance with Article 4 of the Telecommunications Business Act.
2.
In the event of compulsory disposition pursuant to Article 218 of the Code of Criminal Procedure, the Fan Club shall have no obligation of confidentiality as set forth in the preceding paragraph to the extent of such disposition.
3.
The Fan Club shall be able to collect and analyze records of use and access logs of the Fan Club website, produce statistical materials, and use and process them in order to carry out the business such as development of new services. In addition, the Fan Club may provide statistical materials to subcontractors as necessary in the course of business.
Article 17 Suspension and Dissolution of the Fan Club
1.
The Fan Club shall be dissolved if it determines that it is difficult to continue the operation of the Fan Club due to the circumstances of the artist, the operation status of the Fan Club and other circumstances. In this case, the Fan Club shall return the Annual Membership Fee on a monthly basis from the date of dissolution until the expiration date of the Membership.
2.
The Company may temporarily suspend or discontinue the operation of the Fan Club without prior notice to the Member in the event of any of the following:
(1) Periodic or emergency maintenance of the system;
(2) The operation of the Fan Club becomes difficult due to a fire, power failure, or other emergency situations;
(3) The operation of the Fan Club becomes difficult due to natural disasters such as earthquakes, volcanic eruptions, floods, or tsunamis;
(4) The operation of the Fan Club becomes difficult due to war, riot, disturbance or labor dispute;
(5) In other cases where the fan club deems it necessary to temporarily suspend or discontinue the service.
3.
No liability shall be assumed for any damage incurred by a Member or a third party due to the temporary suspension or suspension of the operation of the Fan Club, except where there are reasons attributable to the Fan Club.
Article 18 Disclaimer
1.
The Services of the Fan Club are limited to what the Company can provide at the time. The Fan Club shall have no responsibility whatsoever for the completeness, accuracy, and usefulness of the information provided to the Members.
2.
The Company and the Fan Club shall not assume any responsibility for the leakage, loss, or falsification by others of information registered by the Members, except as otherwise provided.
3.
In addition to the preceding paragraphs, the Company and the Fan Club shall not be liable for any damages incurred by members due to the use of the Services, nor shall be liable for any damages incurred by members or third parties as a result of delays, changes, interruptions, suspensions, or discontinuances of the Services, except where there are reasons attributable to the Fan Club.
4.
Neither the Company nor the Fan Club shall be liable for any damage caused to the Members in connection with the Services, except for such damage caused by reasons attributable to the Company. In addition, in the event that the Company or the Fan Club is liable for damages arising in connection with the Services, the Company and the Fan Club shall only be liable in the event that the Company or the Fan Club is negligent ( other than grossly negligent), up to the total amount of the Annual Membership Fee paid by the Member in consideration for the Services in the relevant contract year.
Article 19 Ownership rights, Intellectual Property Rights
1.
All services, programs, software, trademarks, trade names, in relation to the Fan Club shall belong to the Fan Club.
2.
Members will not possess any intellectual property rights and shall not possess any claims with respect to the text and information the Members provide to the Fan Club.
3.
Members shall assume all legal responsibilities arising from the text and information the Members provide to the Fan Club.
Article 20 Severability
The invalidity or unenforceability of any provision of this Agreement for any reason shall not invalidate or render unenforceable any other provision of this Agreement. In addition, in the event any provision of this Agreement is held invalid or unenforceable in a court, such provision shall apply to the extent that it is valid and enforceable.
Article 21 Jurisdiction
1.
In the event of a dispute between the Member and the Fan Club, the parties concerned shall consult in good faith.
2.
If the case is not resolved after consultation and needs to be litigated, the Tokyo District Court or Tokyo Summary Court shall be the exclusive court of jurisdiction for the first instance.
Article 22 Governing Law
The enactment, validity, performance and interpretation of this Agreement shall be governed by the laws of Japan.
Supplementary Provisions
This Membership Terms was enacted on November 1st, 2022.
Last Updated October 1st, 2024.
Ticket Purchase Terms and Conditions
Article 1 Ticket Purchase Terms
A Member (hereinafter referred to as the “Applicant”) who has applied for a ticket sold or distributed by the Fan Club (including cases where the fan club outsources sales or distribution of tickets. Hereinafter referred to as the “Ticket”) shall be deemed to have accepted this Ticket Purchase Terms and Conditions (hereinafter referred to as the “Ticket Purchase Terms”. The agreement regarding the purchase of tickets pursuant to the Ticket Purchase Terms are hereinafter referred to as the “Ticket Purchase Agreement”.) when the ticket is sold or distributed.
Article 2 Sale of Tickets
The Ticket shall be sold in a manner deemed appropriate by the Fan Club. In the event that there are a large number of Applicants, the Fan Club shall draw lots in a fair and equitable manner as deemed appropriate by the Fan Club, and only the winners shall be entitled to purchase the Tickets.
Article 3 Invalidation of Application
The Fan Club may reject the ticket application or cancel the winning by lottery in any of the following circumstances:
(1) When a large number of applications have been made from the same address (Applications by family members or those living with the applicant are excluded.);
(2) Where the address of the Applicant is the business office of the juridical person;
(3) When there is no actual or suspected existence of the Applicant;
(4) In the event that the Applicant made the application for the purpose of reselling to a third party or for other purposes of making the application available to a third party other than the Applicant, or if the Fan Club determines that the Applicant made the application for such purpose; or
(5) When the Applicant was suspended from Membership due to a violation of the Membership Terms or these Ticket Purchase Terms at the time of the application.
Article 4 Payment
Applicants shall pay the price of Ticket in accordance with the payment method and payment date specified by the Fan Club. In case of sales by lottery, if the Fan Club is unable to confirm the payment of the Ticket from the Applicant on the payment date, the Fan Club will cancel the winning of the Applicant.
Article 5 Delivery of Tickets
The Fan Club shall deliver the Ticket to the address registered with the Fan Club by the Applicant in accordance with the method presented when applying for the Ticket. The Fan Club shall be discharged from any and all responsibility for the delivery of the Tickets by delivering the Tickets to the address registered with the Fan Club by the Applicant.
* Please note that the delivery method of the Ticket may change.
Article 6 Invalidation of Ticket
The Fan Club may take measures to invalidate the Ticket in the event of any of the following reasons. The price of the Ticket shall not be refunded to the Applicant in the event that such Ticket becomes invalid. In addition, if the Applicant has applied for more than one ticket and any one of the tickets is invalidated in accordance with the following reasons, the Fan Club may take measures to invalidate all Tickets for which an Applicant has applied.
(1) Reasons specified in Article 3;
(2) When tickets are presented at an Internet auction;
*If a seat number is displayed, the Applicants who purchased the Tickets with that relevant seat number will be contacted for confirmation.
(3) If the Ticket is sold at a ticket shop such as a cash voucher shop
(4) In the event that the act is the purpose of “If it is the purpose of the “scalping” which is prohibited by the Trouble Prevention Ordinance, established by each prefecture (hereinafter referred to as “Scalping”).
Article 7 Restriction of the Admission
1.
In the event of any of the following, the Fan Club may restrict the entry of the said visitors and their companions to the live and other venues (hereinafter referred to as the “Venue”.) or request them to leave. In this case, the price of the Ticket shall not be refunded.
(1) When asked to show the Membership card of the Fan Club and identification to confirm whether the ticket belongs to the Applicant, and the person refuses such presentation without reason;
(2) When the visitor cannot be identified as the Applicant himself/herself;
(3) In the case of possession of a Ticket resold for profit by means of an Internet auction or Scalping;
(4) In the event a Ticket has been purchased at an amount not less than the official sales price;
(5) In the case of bringing or attempting to bring recording, recording or filming equipment such as cameras or videos into the Venue;
(6) Filming, video recording or sound recording at the Venue (including photographing by mobile phone);
(7) Failure to follow the organizer's instructions at the Venue;
(8) Purchases illegally taken photos or videos at the Venue
(9) Excessive pursuit or slandering of performers
(10) Any acts that cause inconvenience to other visitors at the Venue
2.
Applicants shall be liable to compensate for any damage caused to other visitors, live staff, artists, or other third parties as a result of any of the acts set forth in the items of the preceding paragraph.
3.
The Fan Club may, at its own discretion from selling any Tickets to any person who has committed any of the acts set forth in Paragraph 1 hereof.
Article 8 Refund for Cancellation of Performance
1.
Any refund to the Applicant upon discontinuation of the performance hosted by the Company will be made by the Company or the ticketing agency (Hereinafter referred to as the “Agency”).
2.
The refund prescribed in the preceding clause shall be made by the method designated within the refund period designated by the Company or the Agency. In cases where the refund is based on the presentation of the Ticket by the Applicant, if the refund period is exceeded or if the contents of the ticket are difficult to determine due to damage, loss or defacement, the price of Ticket price shall not be refunded.
Article 9 Severability
The invalidity or unenforceability of any provision of this Ticket Purchase Agreement for any reason shall not invalidate or render unenforceable any other provision of this Agreement. In addition, in the event that any provision of this Agreement is held invalid or unenforceable in a court, such provision shall apply to the extent that it is valid and enforceable.
Article 10 Jurisdiction
1.
In the event of a dispute between the Member and the Fan Club, the parties concerned shall consult in good faith.
2.
If the case is not resolved after consultation and needs to be litigated, the Tokyo District Court or Tokyo Summary Court shall be the exclusive court of jurisdiction for the first instance.
Article 11 Governing Law
The enactment, validity, performance and interpretation of this Ticket Purchase Agreement shall be governed by the laws of Japan.
Article 12 Application of Membership Terms
Any matter not stipulated herein shall be governed by the Membership Terms.
Supplementary Provisions
This Ticket Purchase Terms was enacted on November 1st, 2022.