smash.Terms and Conditions
These Terms and Conditions (hereinafter referred to as the "Terms") shall apply to all users of smash. (hereinafter referred to as "smash.") , the vertical theater application service provided by SHOWROOM Co., Ltd. (hereinafter referred to as "Company") to use the "smash." concluded between the Company and smash. user (hereinafter referred to as the "User") as defined in Article 1.
By using smash., the User agrees to be bound by these terms and conditions. If the User does not agree to any of Terms, the User may not use smash. the User shall use smash. comply with Terms.
The User applies for the Terms on the assumption that they are not minors, or if they are minors, that they have the consent of their legal guardian to use smash. and that the User has not previously been terminated, had their accounts deleted, or had their accounts suspended by the Company.
Article 1 Eligibility for Userhip
- In order to use smash. the User shall register an account with smash. and become the User.
- If there are separate terms, guidelines, or conditions of use (including those set forth by third parties such as payment service providers, hereinafter referred to as "Individual Terms") regarding content, fees, functions, etc.,the User shall use smash. after confirming and agreeing to the Individual Terms. Except for the following paragraph, the term "this agreement" in this Terms include the Individual Terms.
- In the event of any discrepancy between this Terms and the Individual Terms, the Individual Terms shall take precedence.
Article 2 Changes to this Terms
If a change to the Terms is compatible with the general interests of the User or does not violate the purpose of the contract based on the Terms, and is reasonable with necessity of the change, the reasonableness of the content after the change, and other circumstances related to the change, the Company may change the Terms by posting the content and effective date on smash.. In the event of a change to Terms, all fees and other matters related to smash. shall be governed by the revised Terms. By using smash. After changes are made to this agreement, the User is deemed to have agreed to the revised agreement.
Article 3 Communication terminals, IDs and passwords
- The User shall be responsible for the management of the communication terminal (hereinafter referred to as the "communication terminal", including IC cards such as SIM cards if such cards are required for communication), ID, and password of the cell phone terminal or other communication terminal in which the authentication data granted by the company is recorded.
- The User shall not allow a third party to use their ID and password while they are the User, nor shall they lend, transfer, sell, or pledge their ID and password. In addition, The User who lend, transfer, sell, or pledge their communication terminals to others shall take appropriate measures to prevent others from using their userhip.
- Logging in and using smash. shall be deemed to have been done by the User holding the account. The User shall be responsible for any damage caused by insufficient management of communication terminals, IDs and passwords, errors in use, or use by a third party, and the company shall not be responsible for any such damage except in cases of intentional or gross negligence on the part of the company.
- In the event that a third party becomes aware of the User's ID or password, or in the event that a third party is likely to use a communication terminal, the User shall immediately notify the Company to that effect and follow the Company's instructions.
Article 4 Fees
- If the User wishes to use a separate paid subscription service, The User shall apply and pay the prescribed fee after confirming and concluding to the terms and conditions set forth by the Company and the Payment service provider.
- A contract for paid subscription services is concluded when a confirmation notification is sent from the Apple Store or Google Play Store in response to a paid subscription service application by User.
- In the event that the User fails to pay the usage fee stipulated in Article 1 by the date set by the Company,The User shall pay the Company a late fee at the rate of 14.6% per annum starting from the day after the due date.
- If the User subscribes to smash. paid subscription service, the service will be automatically renewed and continued on a monthly basis until cancelled by the User in accordance with the Company's prescribed method. The User who has subscribed to paid subscription services shall make regular monthly payments to the company for the duration of the service.
- The User agrees that payment for the paid subscription service may be processed through a third party such as a payment processor, and that the company shall not be liable for any accidents or problems that may occur as a result.
- The User agrees that the fees already paid will not be refunded in the event of service interruption or suspension as specified in Article 10 when using the paid service.
Article 5 Conditions for Use of smash. and Content
- The Company owns all rights to smash. including the elements and materials listed in the below (hereinafter referred to as the "rights").
- This includes all images, graphics, text, interfaces, information, data, software, and all other materials and elements contained in smash. and their design, selection, look, feel, and arrangement. However, it does not include smash. member descriptive information.
- The rights means all intellectual property and other legal rights (including all copyrights (as defined in Articles 27 and 28 of the Copyright Act), patents, patent applications, trade secrets, and other intellectual property rights) contained in or relating to all of smash. ), patents, patent applications, corporate secrets, trademarks, and other intellectual property rights.
- The User does not acquire any copyrights, patents, trade secrets, trademarks, or other intellectual property rights or any rights related to smash. content, in whole or in part, by reason of this Agreement or your access to or use of smash.
- The User may use smash. content, elements or materials contained in smash. content, applications, web pages, digital items, and other information provided on smash. only in the manner, for the period, and within the scope specified by the Company, by connecting to the facilities specified by the Company through telecommunications lines, displaying or downloading, etc. to a communications terminal.
- The rights to all videos, programs, and audio provided by the Company in the smash. service (hereinafter referred to as "smash. content") owned by the Company or to the rights holders who have licensed or consigned the distribution of the Content to the Company, and the Company does not grant to the User any license or permission to use the Company's patent rights, utility model rights, design rights, trademark rights, copyrights, know-how, or other intellectual property rights beyond the methods explicitly specified by the Company.
- smash. contents may not be reproduced (except for personal use), adapted, performed, shown, or used in any way other than as expressly permitted by the Company.
- The User may not sublicense smash. content.
- The license to use smash. content is non-exclusive.
- The Company reserves the right to change the viewing period for each smash. content. The User agrees that smash. content may not be provided until the expiration of the viewing period indicated or notified for each piece of content.
- If the User loses membership due to resignation or other reasons, they will no longer be able to use smash.
Article 6 About smash. User information
- The term the "User information" refers to all information that the User send, post, register, and display (hereinafter collectively referred to as "describe") on smash..
- The User agrees that the User information, including registered IDs and profile images, may be disclosed to other Users and used by the company in accordance with Article 5.
- The User is forbidden to describe the following information.
- a. Harms the reputation or credibility of others
- b. Contains obscene expressions, nude images, or child pornography
- c. Fraudulent, false, deceptive, or misleading
- d. Induces discrimination, prejudice, racism, hatred, harassment, or infringement against any person or entity
- e. Violent or threatening, or encourages violent or threatening behavior toward others
- f. Commits, mediates, or induces criminal or illegal acts
- g. Induces, solicits or promotes suicide or self-injurious behavior
- h. Infringes the patent right, utility model right, design right, trademark right, copyright, portrait right, or other rights of others
- i. Contains other people's personal information, trade secrets, or other information that is not generally available to the public
- j. Contains computer viruses.
- k. Seeks heterosexual relationships (including similar same-sex relationships, the same shall apply hereinafter) or indecent acts, etc.
- l. Respond to requests for heterosexual relationships or indecent acts, etc.
- m. Mediate information on heterosexual relationships or indecent acts, etc.
- n. Information regarding the sale or purchase of drugs or dangerous drugs, or expressions that encourage the inappropriate use of drugs or dangerous drugs
- o. Intended for business activities, fund-raising activities, pre-election campaigns or other political activities, proselytizing activities, or other religious activities
- p. May have a negative impact on minors
- q. Offensive to public order and morals
- r. Violate or encourage violations of laws and regulations
- s. Other items that the Company judges to be inappropriate based on reasonable grounds.
- The Company reserves the right to delete the User information without prior notice if it violates this agreement or if the Company deem it inappropriate based on other reasonable grounds. The deletion of the User information by the Company in such cases does not reduce or exempt the User from responsibility for the content of the User information.
- To the extent necessary for the provision, promotion, and archiving of smash., the Company may use the User information free of charge through reproduction on the Company's servers, public transmission to the User, or other means. However, information exchanged between the User that identifies the User who can view it will not be viewed by the Company or third parties (except for third parties that the User has granted permission to view), except in the case of a warrant. The copyright of the User information is not transferred to the Company.
- In the event that a third party makes a claim, demand, etc. such as pointing out the fact of infringement of rights, arising from or related to smash. (hereinafter referred to as "claims, etc.") from a third party due to or in relation to the User information, the User shall describe with the prior understanding that the User shall resolve such claims, etc. at their own risk and expense. The Company assumes no responsibility for any claims, etc. arising from or related to the User information, and the User agrees to indemnify the Company for any and all losses and damages incurred.
Article 7 Personal Information
- Those wishing to become the User shall provide the Company with the prescribed information, including personal information, and register in the prescribed manner.
- The Company may use the personal information of the User for the following purposes.
- a. To provide games, auctions, shopping malls, content and other information services, and system usage services
- b. To sell, solicit sales of, send, or provide services, products, etc. (including travel, insurance, and other financial products; hereinafter the same) of the Company or third parties in partnership with the Company
- c. To advertise or promote (including sending direct mail and e-mail) the services and products of the Company and third parties in partnership with the Company
- d. To billing and calculation
- e. To identity verification and authentication services
- f. To provide after-sales service, respond to inquiries and complaints
- g. To conduct questionnaires
- h. To conduct prize competitions and campaigns
- i. To provide affiliate and point services
- j. To conduct surveys, statistics, and analysis of marketing data
- k. To provide payment services and logistics services
- l. To develop new services and functions
- m. To maintain the system and respond to problems
- n. To post and otherwise use User information in accordance with this Terms
- The Company may send e-mails and other advertising materials to the User for the purpose of advertising or promoting third parties affiliated with the Company, and User agrees to this in advance.
Article 8 Acquisition and Use of Other Information
The Company may provide third parties with statistical information that does not fall under the category of personal information acquired by the Company for the purpose of providing smash. and services associated with smash.
Article 9 Violation of the Terms
- In the event that the User falls under any of the following items, the Company reserves the right to refuse to allow the User to use all or part of smash. for a period of time determined by the Company, or to revoke the userships. In such cases, except in cases of willful misconduct or negligence, the Company shall not be obligated to refund fees already received from the User, and shall not be responsible for the User or any other third party.
- a. In the event of false or inaccurate registration of personal information at the time of application for usership or change of personal information after becoming the User, or in the event of duplicate usership registration unless specifically approved by the Company.
- b. In the event that the payment service provider used for smash. decides to invalidate or cancel the payment by the User.
- c. In the event that the Company deems, based on reasonable grounds, that the User has caused undue inconvenience to other Users, such as stalking (including stalking in virtual space), verbal abuse, or defamation.
- d. In the event that the Company deems, based on reasonable grounds, that the User has an inappropriate relationship with antisocial forces.
- e. In the event that the User has violated this Terms, such as by engaging in prohibited activities as stipulated in Article 11.
- f. In the event that the Company deems, based on reasonable grounds, that it is inappropriate to allow the User to use smash.
- The User whose usership has been cancelled by the Company may not be able to reapply for membership.
- Even if the User suffers damage as a result of the Company's actions described in the previous two paragraphs, the Company will not compensate for damage, except in cases of willful misconduct or negligence.
Article 10 Conditions of Service Provision
- The Company reserves the right to suspend smash. or change the content of the service provided without notice to the User for maintenance or other reasons.
- The availability and quality of smash. may vary depending on the communication terminal, settings, network quality, and conditions. The User is responsible for handling the necessary equipment and communication means to use smash. at their own expense.
- The Company does not guarantee that there will be no interruptions, suspensions, or other problems with smash.
- The Company provides smash. applications on an "as-is" basis and do not guarantee that such applications will operate properly or that they are free of defects.
- Some features, content, or services may not be available or may be used differently based on the time of use, geographical location, communication terminal, account settings, or behavior on smash.
- The Company’s services pertaining to smash. (including software, content, and other copyrighted materials) are licensed to the User for viewing and other purposes, and are not sold to the User.
- The User acknowledges that the use and operation of the User' telecommunication devices in connection with the use of smash. may be subject to charges from the cell phone company or Internet service provider to which the User subscribes, and that payment of such charges to third parties and compliance with other terms and conditions is the responsibility of the User.
- smash. may contain links to content and services of third parties, such as advertisers and social media sites.
- Use of linked third-party content and services is at the discretion of the User and is subject to the terms and conditions of use of such third-party content. The Company is not responsible for the legality, accuracy, reliability, morality, or currency of linked content or services, nor responsible for any damages or losses incurred by the User as a result of using such content or services.
Article 11 Prohibited Matters
The following actions by the User are prohibited.
- a. Deciphering, analyzing, decompiling, disassembling, or reverse engineering of applications provided by the Company, servers owned by the Company, information generated by these servers, or communication content.
- b. Illegally or inappropriately collecting, disclosing, or using the personal information of other User or the User information.
- c. Impersonating other individuals or organizations, or falsely appearing to have a relationship with other individuals or organizations.
- d. Attempting to obtain another smash. member's ID or password.
- e. Registering multiple accounts.
- f. Sending or triggering inappropriate data such as junk mail, chain mail, or viruses.
- g. Use of smash. by automated means such as bots.
- h. Use for the purpose of altering or interfering with the operation of smash. (including actions that place an excessive burden on our servers or systems, as well as attacks on security systems).
- i. Access or use smash. in a manner that is illegal or not authorized by the Company.
- j. Taking advantage of bugs or malfunctions in smash.
- k. Committing fraudulent acts.
- l. Publish, reproduce, distribute, display, perform, show, broadcast, publicly transmit, edit, adapt, modify, create derivative works from, resell, or otherwise use smash. content or any elements or materials contained in smash. except through the smash. sharing function.
- m. Circumventing or disabling content protection systems or digital rights management technologies used in smash.
- n. Remove any identifying information, copyright, trademark, or other proprietary rights notices from smash. or smash. content.
- o. Access or tamper with any non-public areas of smash. or our computer systems, or the systems of our service providers or partners.
- p. Allowing a third party to use usership or account, or lending, transferring, selling, pledging, etc.
- q. Describing any of the information specified in Article 6.3 or otherwise violating the Terms.
- r. Any other actions that the Company deems inappropriate based on reasonable grounds.
Article 12 Responsibility of the Company
- The Company assumes no responsibility for the completeness, accuracy, reliability, or usefulness of the content of smash.
- The User uses smash. at their own risk, and the Company assumes no responsibility whatsoever for the actions of other User or related matters.
- The Company assumes no responsibility for the actions of other user or any related matters. The User should use smash. within the limits of the law.
- The Company will compensate the User for any damages caused by the company's intentional or negligence.
- The Company total liability（except for the Company’s gross negligence）to the User arising out of or in connection with smash. shall be limited to the total amount of smash. fees for a 12-month period (in the case of multiple fees, the lowest shall apply).
- The Company is not responsible for any problems that may arise between the User or between the User and other third parties. Therefore, The User shall be responsible for resolving such problems through discussion, litigation, or other means at their own risk and expense.
Article 13 smash. Coin
- smash. Coin is defined as the points that may be used to purchase content (including digital items) designated by The Company.
- In addition to the provisions of Article 4, The User may acquire the right to use a range of content specified by The Company by using smash. Coin.
- smash. Coin may only be used within services designated by The Company.
- The User shall not allow other User or third parties to use their smash. Coin or content usage rights, nor shall they lend, transfer, sell, or pledge them except for approved by The Company, .
- The User may not request a refund or exchange smash. Coins for content other than that specified by the company except for approved by The Company.
- If The User withdraws from membership or otherwise loses eligibility to use smash., any unused smash. Coins will be forfeited.
Article 14 Changes in Registered Matters
- The User shall promptly notify the Company of any changes to their registered information, such as email address, in accordance with the procedures prescribed by the Company. In the absence of such notification, the Company may assume that there have been no changes to the registered information.
- If the User fails to notify the Company of a change in their registration information, the User may not be able to use smash.
Article 15 Notification from the Company
Notification from the Company shall be made by sending e-mail to the e-mail address registered with the Company or by a notification method using the functions of an application provided by the Company, and shall be deemed to have arrived when notification by e-mail or application should normally arrive.
Article 16 Abolition of Service
The Company reserves the right to discontinue smash. service at any time for unavoidable reasons, and shall not be held responsible for any damages incurred by the User as a result.
Article 17 Transfer of Status under the Terms
- The User may not assign, transfer, create a security interest in, or otherwise dispose of their status under the Terms or rights or obligations under the Terms to a third party without the prior written consent of the Company.
- In the event that the Company transfers all or part of the smash. business to another company, the Company may transfer the status under the Terms and the rights and obligations under the Terms to the assignee of such business transfer, and the User shall agree to such transfer in advance. The transfer of business in this section shall include not only ordinary business transfers, but also corporate splits and any other cases in which business is transferred.
Article 18 Severability
If any part of the provisions of the Terms is determined to be invalid for any reason, it shall not affect the validity of the other provisions.
Article 19 Governing Law and Language
The Terms shall be governed by Japanese law, and in the event of any conflict of laws, the Japanese language shall prevail.
Article 20 Jurisdiction
In the event of a lawsuit between the User and the Company in relation to the Terms, the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.
Enacted on October 22, 2020 Revised on February 10, 2021 Revised on February 2, 2022 Revised on June 1, 2023