Terms of service

Article 1 ( these Terms of Use)

These TOBE OFFICIAL STORE Terms of Use (hereinafter referred to as the "Terms of Use") govern the use of online sales of products and other services provided by TOBE Co., Ltd. (hereinafter referred to as the "Company") offered to Users on the shopping site "TOBE OFFICIAL STORE" provided by the Company (hereinafter referred to as the "Service") and apply to all activities taken by Users when using the Service.
In addition to these Terms of Use, the Company may establish rules regarding the use of the Service, which will be posted on the Company's website. These rules shall constitute a part of these Terms of Use regardless of the name by which they are called.
In the event of any discrepancy between the content of these Terms of Use and the rules and other descriptions of the Service outside these Terms of Use, the provisions of these Terms of Use shall take precedence over the content of the rules and descriptions outside these Terms of Use.
By using the Service, the User is deemed to have agreed to all of the terms and conditions contained in these Terms of Use. By using the Service, the User agrees to be bound by these Terms of Use after reading them in their entirety. Each time the User uses the Service, the User shall confirm and agree to the precautions displayed on the Service.

Article 2 (Definitions)

Unless otherwise specified, the definitions of terms used in these Terms of Use are as set forth in the following items:

"User" means a person who uses the Service by browsing, purchasing products, etc. A User who has a TOBE ID is called a "Registered User”. TOBE ID is required to purchase products
"TOBE ID" means an ID issued to a User registered on “TOBE COMMUNITY”, an artist fan club platform operated by the Company
"Fan Club" means a fan club of an individual artist operated by the Company
"User Information" means information that a User registers when registering a TOBE ID and information that a User registers when using the Service (hereinafter referred to as "Registration Information") as well as information that the Company obtains from the User when providing the Service to the User

Article 3 (Registration and ID)

If you do not have a TOBE ID, please register with TOBE COMMUNITY, and obtain a TOBE ID.
Registered Users shall strictly manage their own ID, password, etc. on the Service, and any manifestation of intention on the Service using such ID, password, etc. shall be deemed to be a valid manifestation of intention by such Registered User.
Registered Users shall not transfer, lend, loan, lend in name, sell, or otherwise dispose of their account, ID, password, etc.
The Company reserve the right to cancel the registration of a registered TOBE ID, suspend or terminate the eligibility to use the Service, or take any other necessary action in the following cases:

If the User violates or has violated any of these Terms of Use
If the User’s eligibility to use this service has ever been suspended or cancelled
If you apply for a new membership registration with an already registered ID or e-mail address
In case of double registration
If the User does not exist
If there are any deficiencies in the contents of the application
If you cannot be reached
If it is judged on reasonable grounds that there is a probability that any of the above matters will occur
In any other cases where the Company deems it appropriate to cancel the registration

The handling of registered TOBE ID is subject to the TOBE ID Terms of Service.

Article 4 (Use of Services by Minors)

Minors using the Service shall require the consent of a legal representative (such as a person with parental authority) for all use of the Service, including the use of paid services such as the purchase of products and services (including consent to these Terms of Use, including the provisions of this Article).
In the event that a minor uses the Service without the consent of their legal representative as stipulated in these Terms of Use, or in the event that a minor uses the Service by falsely representing their ages as that of an adult, or in the event that a minor uses the Service by using “any fraudulent means to induce others to believe that they are persons with capacity”, said minor and said minor's legal representative shall not be entitled to revoke any and all legal acts performed by said minor in relation to the Service. and the legal representative of the minor may not revoke any and all legal acts in the Service.
If a User who was a minor at the time of agreement of these Terms of Use uses the Service after reaching the age of majority, such User shall be deemed to have ratified all legal acts related to the use of the Service.

Article 5 (Areas of Use)

This service is available from within Japan and from overseas.

Article 6 (This Service)

This service is designed to provide and sell products, services, etc. related to artists (hereinafter referred to as "Products, etc."). In order to purchase Products, etc. through the Service, a User must become a Registered User.
Registered Users who want to purchase Products, etc. may apply for the purchase of Products, etc. in accordance with the procedures set forth in the Service. After such application is made, we will send an order confirmation e-mail as soon as the payment procedure is completed. When the order confirmation e-mail reaches the purchaser, a contract to purchase the relevant goods, etc. shall be formed between such purchaser and the Company. Registered Users shall acknowledge in advance that the contract cannot be canceled and that the products cannot be returned after the order has been placed, except in the case of defects in the products.
If any of the following events occurs with respect to a Registered User, the Company may cancel or terminate the contract between the Registered User and the Company, in whole or in part, or take other appropriate measures. In such a case, if we are obligated to refund, we may offset the amount of the refund against any damages incurred by us:

In the event that there has been or is likely to be fraudulent or inappropriate conduct in connection with the use of this Service
When there is or is likely to be a violation of these Terms of Use
When the terms and conditions of sale have been or are likely to be violated

The Company reserves the right to change the specifications of the Service without prior permission or notification to the User, and the User agrees to such changes in advance.

Article 7 (Delivery of Products, etc.)

Please confirm the delivery method, delivery fees and settlement fees, etc. of the product in advance of purchasing the product, as they are described in the Notation based on the Act on Specified Commercial Transactions.　
In the event that a User incurs damages to a Product, etc. purchased by the User through the Service due to reasons attributable to the Company or due to nonconformity of the Product, etc. with the contract, the Company shall compensate the User for damages up to the sales price of the Product, etc. concerned, limited to direct damages, unless the damage is intentional or caused by gross negligence on the part of the Company.

Article 8 (Usage Environment)

Users shall be responsible for the preparation and costs of hardware, software, communication lines, etc. necessary to use the Service. The necessary specification conditions for hardware, etc. will be separately posted on the Service by the Company. In addition, the User shall be responsible for backing up products and privileges as necessary.

Article 9 (Guarantee)

The Service is provided on a "AS IS" and "AS AVAILABLE" basis. The Company makes no warranty of any kind regarding the completeness, accuracy, applicability, usefulness, availability, safety, reliability, etc. of the information, content, software, and other information and services provided.
If the User causes any damage to a third party by using the Service, the User shall compensate the third party at their own expense and responsibility.
The Company shall not be liable for any damages caused by unavailability of the Service due to malfunction, error, failure, etc. of the Service.
The Company shall not be liable for any damages incurred due to the inability to use the Service properly caused by the User's hardware, software, communication environment, etc., and shall not take any action to deal with such damages. In addition, we shall not be liable for any damages incurred by Registered Users who lose or forget their registered information, and we shall not take any action such as restoring the use of this Service.
The Company shall not be liable for any of the following damages, etc.:

Damage caused by use in violation of specifications (manuals), etc.
Damages caused by the use of this Service in an environment or under conditions that are not recommended
Loss of profit, lost profits, damages caused by loss of data and intangible property, etc.
Derivative or consequential losses, indirect damages, special damages
Damages arising from failure to perform backups, etc.
Issues related to the content of benefits, etc.
Damages caused by the Registered User's forgetting, loss, leakage, etc. of ID, password, etc., or deletion of the account

The Company may provide information and advice to Users from time to time, but we shall not be liable for the results of such information and advice.
The Company shall not be obligated to repair bugs or other defects in the Service, or to improve or enhance the Service.
In the event that this Terms of Use constitutes a consumer contract under Article 2, Paragraph 3 of the Consumer Contract Act and we are liable for damages based on default or tort, except in the case of willful misconduct or gross negligence on our part, we shall be liable for damages incurred directly and actually by the User in question, up to the amount of the transaction between the Company and the User in relation to such default or tort. We shall not be liable for damages arising from special circumstances (including cases where the Company foresaw or could have foreseen the occurrence of such damages).
We make no warranty of any kind with respect to products, services, etc. provided by third parties in connection with the use of the Service.
In the event that a third party other than the Company sells products, the Company shall not guarantee the quality, material, function, performance, compatibility with other products, or any damage, loss, or disadvantage caused by such products, etc., or other product services sold by such seller.
In any of the following cases (including cases in which similar circumstances arise), the Company may suspend provision of the Service or take other necessary measures, for which the User agrees in advance that the Company shall bear no responsibility and shall not be liable:

For periodic or emergency maintenance of the system
In the event of a network failure
When the service cannot be provided due to fire, power outage, etc.
When the service cannot be provided due to natural disasters such as earthquakes, eruptions, floods, and tsunamis
When the provision of services becomes impossible due to war, terrorism, upheaval, riot, disturbance, labor disputes, etc.
The User commits an act that violates these Terms of Use
For emergency security measures against computer viruses, hacking, etc.
When we deem it necessary to temporarily suspend the Service for operational or technical reasons
In the event of failure, change of terms, change of specifications, service interruption, or other circumstances in the cloud service, etc. used in the Service

In the event that a defect in the Service is found, and the defect or its cause is based on a service provided by an external developer, manufacturer, or provider of related services (including cloud services) (hereinafter referred to as "Developer-Manufacturer"), if the Developer-Manufacturer does not implement improvements, the defect may be considered a limitation of the Service.
In the event that the User uses products or services provided by a third party in connection with the Service, such use is subject to these Terms of Use and other regulations and agreements stipulated by such third party.

Article 10 (Personal Information)

We will handle user information in accordance with the TOBE OFFICIAL STORE Privacy Policy. Please refer to the TOBE OFFICIAL STORE Privacy Policy here.
The User shall accept the acceptance of Cookies by setting the browser on the User's device. If the browser settings refuse to accept Cookies, we may not be able to properly recognize the User's information, and we shall not be liable for any damages resulting from this.

Article 11 (Other Conditions of Use, etc.)

Copyrights and all other rights pertaining to this Service belong to the Company or a third party designated by the Company.
Except as expressly provided herein, nothing in these Terms of Use shall be construed as granting any transfer of copyright or any other rights to the User, including without limitation, any content displayed on the Service.
The Company may suspend or terminate the provision of the Service upon prior notice, and the User agrees to such suspension or termination in advance.
The User shall comply with the Terms of Service and any associated rules, etc., and shall not engage in any of the following acts, or any act that the Company deems applicable or likely to be applicable:

Lending, reselling, transferring, or changing the name of your ID or membership status, using a fictitious name, borrowing another person's name, address, or telephone number, or registering matters that are not true
Commercial activities and similar activities related to this Service
Unauthorized reproduction, alteration, reprinting, transfer, sale, redistribution, distribution, etc., of works, information, contents, etc., provided in this Service, or use of such works, information, contents, etc., for any other purpose
Acts that infringe or may infringe intellectual property rights, privacy, portrait rights, or other rights of the Company or third parties (including artists belonging to the Company)
Acts that interfere with or cause inconvenience to the Company's business
Use of another person's account, with or without consent
Harassment in any other manner
Use of the Service under the name of another person, pretending to have authority of representation or agency even though one does not have such authority, or falsely claiming to be in a partnership or cooperative relationship with another person or organization
Fraud, including Computer Fraud, obstruction of business, including Obstruction of Business by Damaging a Computer, unauthorized acts of access, abuse of controlled substances, child prostitution, illegal sale or purchase of savings accounts and mobile terminals, and other criminal acts or acts that lead or may lead to crimes
Disassembling, decompiling, reverse engineering, or otherwise analyzing the source code, structure, ideas, etc. of the Service
Duplicating, transmitting, transferring, lending, translating, adapting, modifying, or combining with other software all or part of this Service
Actions that destroy security devices or security codes incorporated in this Service
Acts that induce malfunction, etc. (including any unscheduled operation) of the Service
Any other acts that infringe on the rights of the Company or the Company's designee with respect to the Service
Other acts that we deem inappropriate in connection with the use of the Service

When a User transmits information regarding the Service, the User assumes full responsibility for such information.
If a dispute arises between a User and a third party in connection with the use of the Service, the User shall resolve such dispute at the User's own responsibility and expense, and shall not cause any inconvenience or damage to the Company.

Article 12 (Intellectual Property Rights, etc.)

All rights (including but not limited to ownership rights, intellectual property rights, portrait rights, publicity rights, etc.) to the text, images, programs, and other data, etc. comprising the Service, except for those created by the Users themselves, belong to the Company or a third party holding such rights. The Company grant you a non-exclusive license to use the Service, subject to your compliance with these Terms of Use.
The User may not reproduce, sell, publish, or otherwise use any content provided through the Service in any way that exceeds the scope of the User's personal use as defined by the Copyright Act without the consent of the Company and the rights holder of the content in question.
The User shall not allow any third party to use or disclose any information provided through the Service in any manner without the consent of the Company or the right holder.

Article 13 (Entrustment to Third Parties)

The Company may outsource all or part of the operations related to the Service to a third party.

Article 14 (Exclusion of Antisocial Forces)

The Users warrant that they do not fall under any of the following categories: organized crime groups, organized crime group members, persons who have not been an organized crime group member for less than 5 years, companies affiliated with organized crime groups, or other similar groups as defined in the Act on Prevention of Unjust Acts by Organized Crime Group Members and the Ordinance on Elimination of Anti-Social Forces in the prefecture where the head office, branch or other major business office of such an organized crime group is located.
The Users warrant that they will not fall under the preceding paragraph while they are Registered Users. In addition, the Users represent and warrant that they will not, by themselves or using a third party, engage in any act that threatens or uses violence, obstructs business, or damages credibility by using deception or force, makes unreasonable demands beyond legal responsibility, or engages in any other similar acts.
If we determine that you have breached any of the warranties in the preceding paragraphs, we may terminate your status as a Registered User without notice, and we shall not be obligated to compensate you for any damages incurred by you as a result of such termination. In addition, if the Company incurs any damage upon termination, the User shall compensate the Company for all such damage.

Article 15 (Dealing with Violations of these Terms of Use, etc.)

In the event that a User is found to have violated these Terms of Use (including any associated terms and conditions, etc.), or in any other case deemed necessary by the Company, the Company may take any action or measures that the Company deems necessary, including the following actions, against the User in question. In no event shall the Company be liable for any disadvantage or damage incurred by the User as a result of such action:

To demand that any act in violation of these Terms of Use be stopped and that the same act not be repeated
Disclosure of the fact of violation within or outside the Service, including reporting to the police or other public authorities in the event that a criminal or administrative case or other matter may arise
Measures such as suspension of use of all or part of this Service and our other services (including Fan Clubs)
Measures such as suspension or compulsory cancellation of membership in Fan Clubs or other services provided by the Company to which the User subscribes

The Company may not provide the Service (including refusal to provide the Service and compulsory cancellation of membership in other services to which the User has already registered) to the User who has been subjected to such measures, and may save the User's personal information, etc. to the extent necessary for such measures. In addition, the Company may store personal information, etc. to the extent necessary for such disposition.
The User may not object to any action taken by the Company under these Terms of Use to deal with any violation of these Terms of Use.
In the event that a User's actions cause us damage, we may claim compensation from that User, regardless of whether or not we have taken the actions described in Paragraph 1.
We shall not be liable for any consequences resulting from any violation of these Terms of Use.

Article 16 (Amendment)

We reserve the right, at our discretion, to amend these Terms of Use at any time without prior consent of the User, if we determine that there are reasonable grounds to do so, to the extent that such modifications are not inconsistent with the purpose of the agreement and are reasonable in light of the necessity of the modification, reasonableness of the modified content, and other circumstances related to the modification. We will post the revised Terms of Use on the Service in advance.
In addition to the preceding paragraph, the Company may modify these Terms of Use in accordance with Article 548-4, Paragraph 1 and Article 548-4, Paragraph 2 of the Civil Code when the prescribed requirements are fulfilled.
If the User does not agree with any changes to these Terms of Use, the User should stop using the Service.
By using the Service after the amendment of these Terms of Use takes effect, the User shall be deemed to have agreed to the amended Terms of Use.

Article 17 (Validity of these Terms of Use)

Even if any provision of these Terms of Use is determined to be invalid, in whole or in part, pursuant to applicable laws and regulations, all other provisions of these Terms of Use shall remain in full force and effect except for such portion of the provision in question and other provisions of these Terms of Use.
If any provision of these Terms of Use is held invalid or revoked in relation to one User, these Terms of Use shall remain valid in relation to all other Users.

Article 18 (Governing Law and Jurisdiction)

These Terms of Use shall be governed by and construed in accordance with the laws of Japan, and the Japanese language version shall be the official version.
Any disputes related to these Terms of Use shall be subject to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court as the court of first instance.

Enacted: 9 27, 2023