HYPSTER Membership agreement
- Article 1: Purpose
- HYPSTER("Association") is an association composed of members ("Member" or "Members") supporting HYPNOSISMIC.
- Article 2: Terms of membership
- 1. These terms of membership ("Terms") shall apply to all member (as defined in Article 4) use of the service provided by the Association. Enrollment in the Association shall constitute consent to these Terms.
- 3. In the event that the provisions of these Terms and separate Terms of Service differ, the Terms of Service shall prevail.
- Article 3: Notification to members
- The Association shall notify Members regarding necessary information by postal mail, e-mail, display on the website operated by the Association, and other methods it deems appropriate.
- Article 4: Membership
- Members as set forth in these Terms are those individuals who, following the procedures set forth by the Association, apply for enrollment by the prescribed method and are approved by the Association, and pay member dues as set forth in Article 8 of these Terms.
Where a party applying for membership is a minor, the consent of the party's parent or other legal representative or guardian must be obtained beforehand.
- Article 5: Approval of enrollment
1. The Association may reject membership in the Association if it determines that any of the following apply to the person applying.
- 1-1: Where found in breach of these Terms (including at the time of enrollment for membership) in the past and subject to revocation of enrollment, or where membership status was terminated thereafter.
- 1-2: Where a falsehood, error, or omission was made on the enrollment form. Where attempting to register as a corporation, rather than as an individual.
- 1-3: Where having already registered as an individual Member.
- 1-4: Other cases for which the Association deems the party ineligible as a Member.
- 2. Even where approving membership enrollment, the Association reserves the right to withdraw consent if it is found that the previously approved Member falls under any of the items in the preceding paragraph.
- Article 6: Termination of membership
1. Where any of the below apply to a Member, the Association reserves the right to terminate the party's membership.
- 1-1: Where engaging in any of the prohibited acts set forth in Article 11 of these Terms
- 1-2: Where in arrears or late on payment of the fees set forth in Article 8 of these Terms
- 1-3: Other acts in breach of these Terms
- 1-4: In addition to the three items above, other cases where the Association deems termination of membership appropriate
- 2. Members whose membership has been terminated shall be ineligible for the reimbursement of previously paid annual dues, whatever the reason. In addition, said Members forfeit all rights to seek damages.
- Article 7: Member benefits
1. Members are entitled to the following benefits.
- 1-1: Provision of enrollment benefits
- 1-2: Provision of web content exclusively to members
- 1-3: Purchase of member-exclusive merchandise
- 1-4: Ticket pre-ordering
- 1-5: Other benefits stipulated by the Association
- 2. The Association shall not be liable for any disadvantage to Members caused by degradation or loss of service or delay in communication of information caused by a Member's failure to use the Internet, certain electronic devices, applications, et cetera.
- 3. Members eligible for ticket pre-orders shall be notified at the time pre-order dates are announced. Due to the nature of the system, Members consent that they may be ineligible to pre-order tickets, even if a Member.
- 4. Member benefits as set forth in the preceding clause do not constitute a warranty of periodic provision of the same.
- Article 8: Member dues
1. Upon enrollment and when extending Membership eligibility as set forth in the following article, Members shall pay the fees (collectively, "Member Dues") defined below to the Association.
[With shipped items]
Membership fees for the first year:¥7,500 (tax excluded)
[¥1,000 admission fee + ¥6,500 annual fee *For one year]
Ongoing membership fee: ¥6,500 (tax excluded)
[¥6,500 annual fee*For one year]
[No shipped items]
Membership fees for the first year: ¥6,000 (tax excluded)
[¥1,000 admission fee + ¥5,000 annual fee*For one year]
Ongoing membership fee: ¥5,000 (tax excluded)
[¥5,000 annual fee*For one year]
- 2. The method of payment of Member Dues in the preceding clause shall be stipulated separately by the Association.
- 3. Use of the service is subject to telecommunications and data fees in addition to Member Dues. Where a Member is using a packet service, communication fees apply for transmission and receipt of data.
- 4. Where a Member fails to pay Member Dues or otherwise breaches these Terms, the Association reserves the right to suspend provision of services to the Member and/or terminate the Member's membership without prior notice or warning.
- 1. Upon enrollment and when extending Membership eligibility as set forth in the following article, Members shall pay the fees (collectively, "Member Dues") defined below to the Association.
- Article 9: Continuation
- 1. Membership status shall persist for one year (thirteen months, "Eligibility Period") from the date of enrollment (the first date of the month in which enrollment fees were paid for the first year of membership).
- 2. Members wishing to continue their membership status shall pay the annual dues for the next year by the prescribed method by the date of expiration of the Eligibility Period, and the Eligibility Period shall be extended upon confirmation of payment.
- 3. Even where the Eligibility Period has expired, payment of annual dues for the next year within one month of that time shall suffice for extension of the membership by one year from the date of expiry. Parties for whom one month or more has elapsed since the date of expiry of the Eligibility Period shall be required to re-enroll.
- 4. Where procedures are carried out per Clause 3 above, no items mailed to Members between the date of expiry of the Eligibility Period and date of confirmation of payment of annual dues shall be resent.
- Article 10: Member duties and obligations
- 1. Members shall be responsible for managing membership cards and membership numbers and passwords granted by the Association at their own risk. In the event of damages incurred by a Member as a result of insufficient management, misuse, use by a third party, or otherwise, the Association waives all liability.
- 2. Members shall not lend or assign to third parties, or change the name of, membership cards and membership numbers and passwords granted by the Association.
- 3. In the event of changes to the name, address, telephone number, or other information submitted by a Member at the time of enrollment, the Member shall promptly carry out procedures to notify the Association and update the information by the methods the latter specifies.
- 4. In the event that a Member fails to give notice as set forth in the preceding clause and announcements from the Association do not arrive, the Association waives all liability.
- 5. Members acknowledge that there may be restrictions on application for and use of benefits where there are particular venue constraints or circumstances as regard the provision of services. In addition, Members acknowledge that they may in some cases be ineligible for pre-orders of HYPNOSISMIC tickets and audience participation in programs.
- 6. Members shall refrain from abusive acts, including but not limited to slander, persistent inquiries, and other acts against or concerning the Association or other members, or any individuals or organizations affiliated with HYPNOSISMIC.
- 7. Members shall comply with all instructions and guidance, including concerning events and performances, made by the Association.
- Article 11: Prohibitions
1. In using the Association, Members shall not engage in any of the acts below.
Where any of these acts are discovered, the Association reserves the right to suspend provision or terminate use of services to or by the Member with no prior notification or warning, and terminate the Member's membership per Article 6 of these Terms.
- 1-1: Sale or assignment of Member status, change or sharing of name associated with membership, or provision to third parties
- 1-2: Multiple registration or registration under a false name
- 1-3. Use any data, information, text, sounds, video, illustrations, e-mails, or other content obtained through the Association beyond the scope of private use permitted by the Copyright Act. The above includes disclosing, providing, or leaking to third parties through reprinting on other media, or equivalent acts.
- 1-4. Infringement, or acts that may infringe, on the property, privacy, publicity rights, or other rights of persons affiliated with HYPNOSISMIC, its affiliates, Association affiliates, or other third parties.
- 1-5. Slandering, defaming, or otherwise damaging the credibility or reputation of HYPNOSISMIC, its affiliates, the Association, its affiliates, or other third parties.
- 1-6. Reselling, assigning, or lending the right to participate in pre-order tickets; tickets; merchandise; and other benefits obtained through membership, changing the name associated with the same, or pledging or otherwise providing as collateral to a third party.
- 1-7. Using extortion or force against HYPNOSISMIC, its affiliates or Association affiliates to require communications or meetings, or requesting said communications or meetings with the Association or its affiliated corporations and organizations.
- 1-8. Using the Association for personal or third party commercial activities, or for the preparation for said activities.
- 1-9. Using the Association to conduct pre-election campaigns, election campaigns, or similar acts, or acts that violate the Public Offices Election Act.
- 1-10. Using the Association to conduct religious acts, including but not limited to the promotion of religion, or conduct acts pertaining to the formation of religious societies, including but not limited to the establishment and activities of religious groups, or joining religious groups.
- 1-11. In addition to the above items, acts that violate laws, regulations, or public order and morals, or acts that interfere with the operation of the Association.
2. The Association reserves the right to require that Members engaging in any of the acts in the preceding clause submit their Member or personal identification, and Members shall comply accordingly. Where the Member does not comply with the above, it shall be subject to the same provisions as those set forth in the preceding item.
The Association also reserves the right to enforce entry restrictions at subsequent HYPNOSISMIC events and performances, and waives all liability for indemnification of damages or refunds of tickets as a result of the same.
- Article 12: Withdrawal
- 1. Where a Member does not carry out procedures for continuation of membership by the last day of the membership period, the Association shall terminate the party's membership.
- 2. In terminating membership, the Association shall bear no obligation to refund any previously-paid fees, Member Dues, or service usage fees paid by the Member to the Association.
- 3. Even after withdrawal of membership, Members shall not be exempt from outstanding obligations for payment on purchased products or other items obtained through Member benefits, Service usage fees, or other fees.
- Article 13: Changes to service content
- 1. The Association reserves the right to change, add to, modify, or delete the contents of Member benefits and other services without prior notice to Members.
- 2. In said case, the Association shall notify Members per the methods set forth in Article 3 after the change.
- Article 14: Suspension of service
- 1. In the event of natural disasters, interruption of telecommunications services, requests for suspension from administrative offices, or other unavoidable circumstances, the Association reserves the right to suspend provision of all or part of its services without any prior notice to Members.
- 2. The Association reserves the right to suspend or halt the provision of all or part of its services without prior notice to Members where required due to production circumstances, operation of the Association, or other unforeseen circumstances.
- 3. In said case, the Association shall notify Members per the methods set forth in Article 3 after the change.
- Article 15: Dissolution of the Association
- 1. Where the Association deems ongoing operation of the Association impossible due to production of content or other issues with HYPNOSISMIC, it reserves the right to dissolve or disband the Association.
- 2. In said case, the Association shall bear no obligation to refund previously-paid Member Dues by Members.
- Article 16: Handling of personal information
- Article 17: Damages
- Where a Member causes damages to another Member or third party through use of the Association and for causes imputable to said Member, the Member shall be liable to indemnify the party for damages.
- Article 18: Disclaimers
- 1. Members reserve the right to seek damages from the Association pertaining to use of the same where the damages were for causes imputable to the Association.
- 2. However, the liability to the Member shall be limited to the amount equivalent to the total amount paid by the Member up to that time in connection with use of the Association, excluding cases where the Association acted with intentional or gross negligence.
- 3. Any tickets or other mailed items with a specific performance date which elapses without collection by the Member, such as due to being unavailable to receive them, shall expire, with no refund made.
- 4. The Association waives all liability for cases where use of the service is impaired due to causes that include but are not limited to natural disasters, force majeure, interruption of telecommunications services, failure or deficiency in the computers or other Internet equipment used by Members, or other causes not imputable to the Association.
- 5. Where the Association makes notification per the methods set forth in Article 3, even where the Member does not possess the environment necessary to receive said notification, the Member shall raise no objection regarding undeliverable notifications.
- 6. The Association waives all responsibility for any deficiencies or incidents in, or arising from, financial institution procedures.
- 7. Announcements of performances and other public events may be made on other media concurrently with the official web site, e-mail, and fan club notification.
- 8. Where the Association mails items to a Member, it shall notify the Member by the method it deems most appropriate, and indicate an undeliverable period for said articles. Where a sent item fails to arrive, the Member shall notify the Association by the appropriate method by within the undeliverable period. The Association bears no obligation to respond to requests, whatever the cause, occurring after the undeliverable period. As a rule, items shall not be resent on the basis of an incorrect address, unregistered address, or other error by the Member. Where resending is carried out, shipping fees (as set forth by the Association) shall be paid by the Member.
- Article 19: Changes to terms
- The Association reserves the right to change, add to, modify, or delete the contents of these Terms without prior notice to Members. In said case, Members shall be notified per the methods set forth in Article 3.
- Article 20: Deliberation
- In the event of any doubt arising out of matters not stipulated in these Terms, or concerning the interpretation of these Terms, the Member and the Association shall resolve the matter through deliberation in good faith.
- Article 21: Jurisdiction
- Members and the Association agree that the Tokyo District Court shall serve as the exclusive court of first instance in the event of any litigation between the parties pertaining to these Terms.