This TOS complies with all the applicable Japanese laws, and the Tokyo District Court shall serve as its designated competent court for the first trial. All descriptions of this TOS shall be expressed in Japanese only, and they shall be interpreted and honored only in Japanese.
The operating company may, at its sole discretion, revise this TOS at any time without prior notice. It shall be deemed that the User agrees to the content of the TOS upon revision, and the User shall agree to this pronouncement. Services provided by all the sites and app related to this TOS may be changed, suspended and discontinued without prior notice for any arbitrary reason.
■ Account Agreement
Once the User has agreed to the TOS, he/she shall then register his/her account information (including all rights and interests pertaining to the registered information and account. The same shall apply hereinafter.). The User may use “Niconico” operated by the operating company through the use of the registered account information. When the User uses “niconico”, he/she shall comply with the rules stipulated in the TOS of each site.The User understands and acknowledges that the Operating Company claims no responsibility for the accuracy or legitimacy of User Account Information or any damages that incur because of possible misinformation.
The operating company may arbitrarily make additions and other revisions to sites that can be used with the User’s account information, and the User shall agree to such additions and other revisions.
Information pertaining to such additions and other revisions shall be notified to Users through the service provision page.
Furthermore, the User may occasionally be able to use a function that allows him/her to select necessary data from registered account information, depending on the site.
The requirement for the registered account information and services provided to the User through the use of his/her registered account information shall be explained in the service provision page on each site.
The User shall not transfer or lend his/her own account information registered by himself/herself to any third party. In addition, for any purposes the User shall not permit any third party to use the User’s own account information registered by him/her.
The User understands and acknowledges that the information in their Account Profile is their sole responsibility. The Operating Company will treat the User Account and all of the information registered in the User Account as the information of the User him or herself. In the case that the Account is used by a Third Party, all information in the User Account, as well as all actions committed by the User, will be treated as actions committed by the User him or herself.
The operating company shall send emails that notify new functions, renewed information and promotions pertaining to services provided by the operating company and those provided by the third party designated by the operating company, as well as occasional high-volume emails when necessary to the email address registered by the User. The User shall agree to this policy. Incoming settings shall be explained on each site and in emails sent to the User.
Using his/her own account information registered by the User himself/herself, the User is not permitted to download video data from video hosting sites that can be viewed on Niconico either through software (including software programs that have been recorded in recording media and those provided via telecommunication lines and browser add-ins) or websites provided by third parties who are not designated by the operating company.
When the User has violated the Account Agreement, or when it is feared that the User may violate the Account Agreement, the operating company, at its sole discretion, may delete the account information registered by the User or take other necessary actions for arbitrary reasons without prior notice to the User. The User shall agree to this policy.
■ Niconico Douga TOS
■ Niconico Premium TOS
The Niconico Premium TOS shall be applied to the use of [Niconico Premium], which is the service provided only to the User who has registered as a fee-paying subscriber called [Niconico Premium Member].
In the event that the User decided not to register himself/herself as a [Niconico Premium Member], the Niconico Premium TOS shall not be applied.
In order to provide better services to the User, the operating company shall establish rules pertaining to proper collection of personal information, create standards for the use of personal information, and administer personal information, thereby properly handling the User’s personal information as precious property.
The operating company shall comply with the Personal Information Protection Law and all other related laws and ordinances. The operating company shall appoint a person in charge of personal information protection, and check if personal information is properly handled in accordance to the rules. If any issue has been detected, the person in charge of personal information protection shall always strive to address the detected issue.
The operating company shall maintain the accuracy of personal information and establish technical safety measures to protect the User against any trouble caused by leakage or unjust modification of personal information.
♦ About Handling of Personal Information
1.User names, addresses, birthdates, telephone numbers, email addresses, bank account and other such personal information (information defined in the Personal Information Protection Law under second clause article 1) and the below defined consented information and collection information (hereinafter collectively referred to as “User Information”) shall be collected in services (hereinafter referred to as “the service”) provided by the operating company.
The operating company will collect the following information upon receiving consent from the User to do so.
The following information regarding access of the services and its use.
2.Purpose of Use
The operating company shall clearly specify the purposes of use of personal information and user information, and shall not use such information for any other purposes. The obtained personal information and user information shall be used for the following purposes:
The operating company will perform joint use of personal information as outlined below:
Personal information for joint use: names, addresses, birthdates, telephone numbers, email addresses, bank account and any other personal information obtained by the operating company.
Joint use will be limited to the following companies: DWANGO Co., Ltd., DWANGO Contents Co., Ltd., DWANGO Mobile Co., Ltd., Qteras, Inc. and DWANGO User Entertainment Co., Ltd..
Purpose of above company joint use: same as purpose outlined in section 2.
Title or name of individual responsible for management of user information: DWANGO Co., Ltd..
4.Provision of Personal Information to Third Parties
Although, as a general rule, the operating company shall not disclose or provide personal information to the third parties without consent of the User, the company may disclose/provide such information under the following circumstances:
The operating company may outsource a variety of work including managing personal information within the scope of necessity in terms of the provision of services. In this case as well, the operating company shall properly manage personal information by mandating the outsourcing company not to leak or transfer such information.
The operating company shall properly provide services in accordance with the applicable laws and regulations in order not to leak personal information. However, the operating company shall be exempted from any liability of troubles derived from the acquisition of personal information by third parties under the following circumstances:
In accordance with the Personal Information Protection Law, should the User request disclosure of personal information from the operating company, the personal information will be immediately disclosed upon verification that the User is the owner of that information (User shall be notified if relevant information does not exist); however this shall not apply when the operating company is not required to do so in accordance with the Personal Information Protection Law and other laws and regulations.
In accordance with the Personal Information Protection Law, should revision, addition and/or deletion (hereinafter to be referred to as “revision”) of personal information is requested to the operating company by a User due to it being incorrect, the required investigation of the personal information will immediately commence upon verification that the User is the owner of the information. The personal information shall be revised based on the investigation results and the User shall be notified (The User shall be notified if the request was declined); however this shall not apply when the operating company is not required to do so in accordance with the Personal Information Protection Law and other laws and regulations.
In accordance with the Personal Information Protection Law, should use of personal information go beyond the scope of its intended use or be wrongly and/or fraudulently obtained, then suspension of use and/or deletion (hereinafter referred to as suspension) of the personal information will immediately commence upon verification that the User is the owner of the information. The User will be notified; however this shall not apply when the operating company is not required to do so in accordance with the Personal Information Protection Law and other laws and regulations.
10.Contact & Personal Information Disclosure Procedure
Inquiries regarding personal information can be made to the personal information contact listed on the Niconico help page.
Disclosure and revisions to personal information can be defined by the User via the User’s account settings accessible from the Niconico menu. Requests for disclosure, correction, or suspension of personal information other than account information are to be made to the personal information contact by submitting the information below. *The User is able to perform this process with some services on Niconico.
1. Requested personal information
2. Name of service(s) requested
3. Reason for request
4. Request details (Disclosure, revision, addition, deletion and suspension)
Upon receiving a request from the User, the operating company shall ask for information such as a User ID and account registered email address to verify that the individual making the request is the User. Once verification is complete, the operating company shall immediately comply to the request in accordance with the Personal Information Protection Law.
When the requested personal information is important items such as a name, address, telephone number, bank account information or credit card information, or the requester is someone else besides the owner of the personal information and representing the User, the operating company shall request required documentation for verification purposes.
♦ Other Information
Please be advised that if the User failed to provide the latest and accurate personal information, the User may not be able to receive proper services.
♦ Service Inquiry Department
The User can contact our Service Inquiry Department for any inquiry pertaining to the handling of personal information.
JASRAC License Number