■ “Niconico Premium Terms of Use”

The “niconico premium terms of use” shall set out the terms of use of <niconico premium>, which constitutes a part of the services of “niconico” provided based on the niconico Terms of Use (the “Basic Terms”) separately stipulated by the operating company. Regarding matters not prescribed in the “niconico premium terms of use,” the provisions of the Basic Terms shall apply. If there are any matters that the “niconico premium terms of use” and the Basic Terms treat differently, the “niconico premium terms of use” shall supersede the Basic Terms. Unless otherwise specified, the terms used in the “niconico premium terms of use” shall have the same meanings as those ascribed thereto in the Basic Terms.

The “niconico premium terms of use” shall apply to everything related to the registration of users as <niconico premium members>, which are paying members, and the use of <niconico premium>, which is a service provided to <niconico premium members>. Users shall refer to and confirm agreement with all explanations of terms displayed on each affiliated service website and in “niconico help,” and use "niconico premium" with consent to all content of the “niconico premium Terms of Use.”

If a user is a minor, the user is required to have a statutory agent (a person with parental authority) confirm the “niconico premium terms of use,” and to obtain the statutory agent’s consent, in order to use <niconico premium>. A user who is a minor and uses <niconico premium> shall be deemed to have obtained a statutory agent’s consent as stated above.

1. Application of these Terms

Users shall consent to the “niconico premium terms of use” when registering as <niconico premium members> and using <niconico premium>. When using each website to which <niconico premium> applies, users shall follow the terms of use of each website regarding the use of the website.

2. Registration as <Niconico Premium Members>

Users who wish to be registered as <niconico premium members> shall register as <niconico premium members> in accordance with the registration procedures designated by the operating company after giving consent to the “niconico premium terms of use.” The payment method selected when registering as a <niconico premium member> may not be changed until the agreement regarding the use of <niconico premium> between the user and the operating company terminates. Users shall consent to this.

The effective period of the agreement, renewal conditions, and service fees shall differ according to the selected payment method for <niconico premium>. Further details shall be explained on separate service sites or in “niconico help.” Users shall confirm their consent with the content of explanations of terms before registering for <niconico premium>. If a user terminates the agreement in the middle of the contract period, the user will immediately be unable to use <niconico premium> upon termination and the service fee of the contract period shall accrue. Please note that the accrued service fee shall not be refunded, including fees calculated on a per diem basis.

Moreover, if the user uses “niconico premium” as part of a product (set) from another company other than the operating company, (includes when an existing “niconico premium member” changes to the payment method of the said product set), the conditions for methods of payment, cancellation, etc. shall follow the terms of use for the said company or product.

3. After Termination of the Agreement

Even if the agreement regarding the use of <niconico premium> between users and the operating company terminates, the operating company shall retain information regarding the history of services that were provided to the user under <niconico premium> for such period and to such extent as it chooses, and users shall consent to this. If a new agreement is executed between the user and the operating company again during such period, the user may take over the history of services that were provided to him/her under the previous agreement based on the above-mentioned information retained by the operating company. However, this shall be left to the discretion of the operating company, and it shall not be assured that all service history under the previous agreement will be taken over.

4. Non-transfer

Users may not assign, lease, transfer, create a pledge, provide as collateral, or otherwise dispose of their status as a <niconico premium member>, their rights or obligations under the “niconico premium terms of use,” or their account information, etc. to/for the benefit of a third party (whether for profit or free).

5. Disclaimer

The operating company shall not give any operation guarantee regarding the services provided to users under <niconico premium>, regardless of whether users use the services with the recommended environment separately displayed on the “niconico” website. Depending on the equipment and communication environments, etc. that users use when using <niconico premium>, defects may occur in the provided services or equipment used by users. In addition, a part of or all of the provided services may be restricted due to maintenance work conducted by the operating company, or blackouts or failures of communication lines, acts of God, or any other force majeure which are not foreseeable by the operating company. In executing the agreement regarding the use of <niconico premium> with the operating company, and in using <niconico premium> after executing the agreement, users shall consent that they will fully recognize these possibilities, and that the operating company shall not be liable for any direct or indirect damage suffered by users arising from or in relation to these defects or restrictions, regardless of whether there was any possibility that the operating company could foresee them. However, if a mandatory provision protecting the user exists under the Consumer Protection Act or under similar legislation in the user’s country of residence, it shall not be denied.

6. Suspension of Use

When a user violates the Basic Terms or any terms of use of each website to which <niconico premium> applies, the operating company may restrict the user from using the website or restrict a part of or all of the services provided to the user under <niconico premium>, and may cancel the agreement regarding the use of <niconico premium> with the user, and users shall consent to this. If the agreement regarding the use of <niconico premium> is cancelled for such reason, the operating company shall not issue a refund of the service fee regardless of payment method.

In accordance with the terms of use of each website to which <niconico premium> applies, the operating company may restrict all users of the website from using a part of or all of the services provided on the website on the operating company’s authority. Being a <niconico premium member> shall have no effect on such measures, and executing an agreement regarding the use of <niconico premium> with the operating company shall have no effect on the provisions of the terms of use of each website regarding such restrictions. The operating company shall make no refund because of such restrictions imposed by it, and users shall consent to this.

If a user fails to pay the service fee until the designated due date, the operating company may suspend the <niconico premium> service to the user without giving notice to the user.

7. Services to be Provided

The details of the <niconico premium> service shall be available on the website that explains the service, and a user who wishes to be registered as a <niconico premium member> shall confirm the details of the service, and shall apply to register as a <niconico premium member> after giving consent thereto. The operating company may change the content of the <niconico premium> service at its discretion by giving advance notice on the “niconico” website, and users shall consent to this.

8. Amendment of these Terms

The operating company may amend the “niconico premium terms of use” at its own discretion. When the operating company amends the "niconico premium Terms of Use," in principal it shall inform users and announce reasons for amendment, details of content amendment, and the effective date beforehand on the "niconico" website. Users shall consent to the amended terms of use by using <niconico premium> after amendment of the “niconico premium Terms of Use.”

9. Severability

If part of a stipulated clause in the "niconico premium Terms of Use" shall conflict with a mandatory provision or be invalidated by another reason, clauses other than the invalid clause shall remain in effect. In this case, the invalid clause shall be replaced, ipso jure, for an effective clause as long as the initial intended economic goal can be achieved. Users shall consent to this in advance.

10. Governing Law, Court with Jurisdiction, Language

Users shall consent that the “niconico premium terms of use” shall be governed by and construed in accordance with the laws of Japan, and that any and all disputes or issues arising from or in relation to the “niconico premium terms of use” and users’ use of <niconico premium> shall be subject to the exclusively agreed jurisdiction in the first instance of the Tokyo District Court. Users shall consent that the original of the “niconico premium terms of use” shall be in the Japanese language, and these terms shall always be construed only in the Japanese language. Users shall consent that a translation thereof into any other language will be provided only for users convenience, and that such translation will not be referred to in construing the “niconico premium terms of use.”

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