{"service":{"name":"ABEMA","url":"https://abema.tv/about/terms","lang":"ENG","sector":"Video","hq":"Japan","hq_category":"Other","is_public":"Private","is_paid":"Optionally paid","date":"15.09.2021"},"document":{"title":"","text":"Terms and Conditions\n（For Users outside of Japan）\n＊If you are using our service outside of Japan, please be sure to read and agree\nto the following Terms and Conditions.\nThese Terms and Conditions set forth the terms and conditions of use for the\nservices provided through \"ABEMA\" (hereinafter referred to as the \"Service\", together\nwith the application that must be installed when using the Service) operated by\nAbemaTV, Inc. (hereinafter referred to as \"Abema\", \"we\", \"our\" or \"us\"). In order to\nensure the smooth operation of the Service, the guidelines, precautions, and other\nrules and regulations regarding the use of the Service that are separately stipulated\nby Abema within the Service as necessary shall be incorporated as part of these\nTerms and Conditions. (if a person under the age of eighteen (18) uses the Service,\nplease obtain prior consent from a person with parental authority and use the Service\ntogether)\nBefore using the Service, please be sure to read and agree to these Terms of\nUse and  Privacy Policy.\nBy using the Service, you (hereinafter referred to as the “User”) agree to\ncomply with these Terms and Conditions. If you do not agree with these\nTerms and Conditions, please do not use the Service.\nArticle 1 (Terms and Conditions for the use of the Service)\n1. The User may use the Service on the premise that they agree to these Terms and\nConditions. The User shall use the Service within the scope specified by us according\nto the conditions stipulated by us, such as usage and usage environment. When using\nthe Service, the User shall always confirm these Terms and Conditions for each\nfunction or service.\n2. If necessary, we may add new services to the Service, change the contents or\nname of the Service, and the User shall use the Service upon prior consent to these\nchanges.\n\nArticle 2 (User Information)\n1. We may obtain the following information (hereinafter referred to as “User\nInformation\") regarding the Service.\n(1) Personal information: The User's name, email address, date of birth and gender.\n(2) Information about the terminal used: Device, OS, the User agent, cookies,\nadvertisement identifier \"IDFA/Android Ad ID\", terminal language setting, access\ncountry, etc.\n(3) Information on communication environment: telecommunications carriers,\ncommunication environments, IP addresses, access areas, etc.\n(4) Usage information: version of the Service, history of use of the Service, etc.\n2. When storing and accumulating the User Information, we shall handle the User\nInformation in accordance with our Privacy Policy, and use it for the following\npurposes:\n(1) Operation of the Service (including providing all information to the User from\nAbema).\n(2) Planning and providing better services and advertisements by analyzing user\ntrends and measuring advertising effectiveness.\n(3) Adjustment to prevent the same advertisement from being exposed more than\nonce by retaining information such as status.\n(4) Providing information about our services (not limited to the Service) or the\nproducts and services of advertisers and affiliated companies that we deem useful to\nthe User.\n(5) Contacting the User about matters that significantly affect the operation of the\nService (including, but not limited to, significant changes in the Service content and\nsuspension).\n(6) Contacting the User to request consent for the handling of the User Information.\n(7) Compiling statistical information pertaining to the usage of the Service,\npublication of such statistical information on the Service or our website, etc., and\nsales or other provision to third parties..\n(8) Providing program recommendations, behavioral targeting advertisements and\nother optimal information based on the age, occupation, gender, hobbies and\npreferences of the User.\n\n3. When the User terminates the use of the Service or we terminate the operation of\nthe Service, we reserve the right, in our sole discretion to delete all User Information\nand will not respond to requests to return such information.\nOur contact point for the Service is as follows:\nCustomer Services Group\ninfo@support.abema.tv\nArticle 3 (Fees and Expenses)\n1. In principle, the User shall be able to use the Service free of charge. However, we\nmay charge for all or part of the features that can be added or extended by the\nUser's choice, and provide other paid services.\n2. We may at our discretion, change the price of any feature of the Service that is\nfree or charged. Users shall give advance consent that if they do not agree to such\nchanges, they may not be able to use all or part of the Service.\n3. The User shall bear the cost of the purchasing, installing, and maintaining the\nterminal necessary for the use of the Service, as well as any communication costs\nincurred when receiving the Service.\nArticle 4 (Campaigns and Questionnaires)\n1. We shall be able to conduct campaigns and questionnaires at any time as part of\nthe Service to the User.\n2. Intellectual property rights such as copyrights and other rights arising on contents\nof responses such as campaigns and questionnaires by the User shall be transferred\nto us as soon as the User sends a response to us, the information contained in the\ncontent of response, shall be used in accordance with the Privacy Policy stipulated by\nus.\n3. In the event of a campaign or questionnaire, we may provide gifts to persons\nseparately selected by us among the Users (hereinafter referred to as \"Winner\").\n4. Users who wish to participate in a campaign or questionnaire may be required to\nregister the information necessary in a method specified by us to receive gift(s), etc.\n5. If a Winner does not register as described in the preceding paragraph, or registers\nfalse information, or if Abema determines that there is a possibility that the Winner\nmay have registered false information, the Winner will not be able to receive the gift.\n\n6. We shall not be obligated to compensate the Winner for any damages caused by\nthe gift or the preceding paragraph.\n7. The User shall not assign, transfer, pledge or otherwise dispose of any position\nregarding the gift(s) given by us to any third party.\nArticle 5 (Cooperation with Partner Services)\n1. We may link the Service with services operated by third parties such as our\naffiliated companies (hereinafter referred to as \"Partner Services\").\n2. Users who learn about the Service through the Partner Services shall recognize\nthat the Partner Services and the Service are separate services and shall agree to\nthese Terms and Conditions separately from the terms of use of the Partner Services.\n3. Users who get to know Partner Services through the Service shall understand that\nthe Partner Services and the Service are separate services, and if there are any terms\nof use of the Partner Services other than these Terms of Use, they shall agree to\nthem and use the Partner Services in accordance with the method specified by\nPartner Services.\n4. We shall not be liable for the use of the Partner Services by the User and the\ninformation that the User receives from the Partner Services.\nArticle 6 (Intellectual Property Rights)\n1. Copyrights and other intellectual property rights, portrait rights, publicity rights\nand other moral rights, ownership rights and other property rights arising from the\nvarious content provided through the Service (hereinafter referred to as \"Contents\"),\nthe text, images, programs and any other information that constitutes the Service\nbelong to Abema or a third party with the right.\n2. Users shall not use (reprint, duplicate, modify, store, or transfer) the Contents\nbeyond the scope of use granted by us in the Service. Users shall agree in advance\nthat Abema may change the terms of use of the Contents as necessary and that\nAbema may take measures deemed necessary, such as deleting or suspending the\nuse of the relevant Contents, depending on the content of such changes in the terms\nof use.\nArticle 7 (Prohibited Items)\n\n1. The User shall not engage in any of the following acts or acts that may lead to\nsuch acts:\n(1) Acts that violate laws, public order and morals, or these Terms and Conditions;\n(2) Acts that infringe copyrights or other intellectual property rights, portrait rights,\npublicity rights or moral rights, ownership rights or other property rights of Abema or\nany third party;\n(3) The act of modifying, damaging, or disassembling, decompiling, or reverse\nengineering the Service;\n(4) Act of acquiring the Contents in an unauthorized manner or encouraging such\nactions;\n(5) Acts that unfairly discriminate or slander Abema or a third party, or acts that\nimpair the reputation or credibility of Abema or the Service;\n(6) A profit-making act that is conducted without the approval of us;\n(7) Any acts that cause or may cause nuisance or damage to Abema or a third party;\n(8) Acts that interfere with the operation of the Service;\n(9) Any other acts deemed inappropriate by Abema.\n2. In the event that we deem that a User has engaged in any of the prohibited\nactivities set forth in the preceding paragraph, we may suspend the use of all or part\nof the Service, restrict the use of the Service, or take any other measures deemed\nappropriate by us.\n3. If the User falls under any of the items in Paragraph 1, we shall be entitled to\ndemand compensation from the User for any and all damages (including reasonable\nattorney’s fees) incurred by us as a result of the User's actions.\nArticle 8 (Suspension, Discontinuation and Termination of the Service)\n1. We may suspend all or part of the Service for any of the following reasons:\n(1) When we perform regular or emergency maintenance and inspection of the\ncomputer system for the provision of the Service;\n(2) When the operation of the Service becomes impossible due to emergency\nsituations such as fires, blackouts, or natural disasters;\n(3) When the operation of the Service becomes impossible due to wars, civil strifes,\nriots, disturbances, labor disputes, etc.;\n\n(4) If the Service cannot be provided due to malfunction of the computer system\nused for providing the Service, unauthorized access from a third party, infection of\ncomputer viruses, etc.;\n(5) If the Service cannot be provided due to measures taken in accordance with laws,\nordinances, etc.;\n(6) When we have informed the User in advance by email or other means within a\nreasonable extent;\n(7) Other cases where we deem it unavoidable.\n2. When we stop operating the Service pursuant to the preceding paragraph, we\nshall, to a reasonable extent, notify the User to that effect in advance by means of\nposting to the Service or the website separately designated by us. However, this shall\nnot apply in the event of an emergency.\nArticle 9 (Form of Provision of the Service)\n1. We may, without prior consent of the User, use the Service to post advertisements\nand the like.\n2. We may, without the prior consent of the User, categorize or rank the Service in a\nmanner we deem as appropriate. In addition, we may, at any time, provide the Users\nwith different types of services according to the categorization or ranking, and in\ndifferent forms for each User.\nArticle 10 (Disclaimer)\n1. We do not warrant the legality, accuracy, appropriateness, validity, morality, or\nexistence of rights or licensing with respect to any information contained in the\nService.\n2. We shall, in the event that the content of the advertisement information delivered\nthrough the Service violates the rights of the User or third parties, or in the event\ndisputes arises due to infringement of the rights, we shall not be liable for such\ninfringement or disputes, except in cases of willful misconduct or gross negligence\non our part.\n3. We shall not be liable for any and all damages (including, but not limited to,\ndamages resulting from loss of information, etc.) incurred by the User due to the\nsuspension, discontinuation, or termination of the Service in accordance with Article\n\n8, Paragraph 1, or changes to the Service in accordance with Article 1, Paragraph 2,\nexcept in cases where we were intentionally or grossly negligent.\n4. We shall not be liable for any damages arising from the environment of the\ncommunication terminal, line, software, etc. used by the User, or by computer virus\ninfection, etc. In addition, we may notify the User about the relevant environment, etc.\nby the method separately determined.\n5. We shall not be liable for any damages incurred by the User arising from the use of\nthe Service other than those listed in the preceding paragraphs, except in cases\nwhere we were intentionally or grossly negligent.\nArticle 11 (Prohibition of Assignment of Rights and Obligations)\nThe User shall not assign, succeed or pledge, or otherwise dispose of any rights or\nobligations under these Terms and Conditions to any third party without the prior\nwritten consent of Abema.\nArticle12 (Revision of these Terms and Conditions)\n1. We may revise these Terms and Conditions at any time.\n2. When we intend to revise these Terms and Conditions, we shall notify the User at\nany time using the Service or the website specified separately by us.\n3. In accordance with the preceding paragraph, if the User continues to use the\nService after a period of time specified by us from the date of notification of the\nrevision of these Terms and Conditions, the User shall be deemed to have consented\nto the revision of these Terms and Conditions, the amended Terms and Conditions\nshall become effective between the User and Abema.\n4. The User shall not be able to file the ignorance or non-acceptance of such content\nafter the time of the effective occurrence as stipulated in the preceding paragraph.\nArticle13 (Consultation and Court of Jurisdiction)\n1. In the event of any doubt or problem arising between the User, Abema, or a third\nparty in connection to the Service, Abema shall consult in good faith on a case-by-\ncase basis and attempt to resolve the issue.\n2. All lawsuits and other disputes relating to these Terms and Conditions shall be\nsubject to the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District\nCourt in the first instance.\n\nArticle14 (Governing law)\nThese Terms and Conditions shall be governed by Japanese law and construed in\naccordance with the Japanese law.\nEffective Date: February 1st, 2019\nRevision Date: September 15th, 2021\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":1,"explanation":"When the company reserves the right to delete a user’s account only with serious grounds and a notice period or does not reserve a right to delete it at all"},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":0,"explanation":"Setting out in the ToS the main parameters used in the recommender system but not in a clear, accessible and easily comprehensible manner"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":1,"explanation":"Lack of severability clauses "},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]}