ABEMA Live Terms of Service

These Terms of Service (hereinafter referred to as the "Terms") govern the video streaming service "ABEMA Live" and related services (hereinafter collectively referred to as the "Service") operated and provided by OEN, Inc. (hereinafter collectively referred to as "OEN", "we", "us", or "our"). Capitalized terms that are not defined in the text of these Terms are defined in Article 1.

By using the Service, you ("you", "your" or "Customer") agree to be bound by these Terms. If you do not understand or agree with any part of these Terms, please do not use the Service


Article 1 Definitions

The following terms used herein shall be defined as below:

  1. "Customer" refers to the user of the Service provided under these Terms.
  2. "Account" refers to the Customer's information that is registered with OEN, including the email address and related identifier issued by OEN to identify the Customer. The establishment of an Account shall be necessary in order for the Customer to use the Service.
  3. "Individual Service Agreement" refers to the terms and conditions which are presented to each Customer, in addition to these Terms, under names such as "Agreement," "Guidelines" or "Policy" and to which the Customer's use of the Service is also the subject.
  4. "Content" shall refer to the content that can be used, viewed and accessed through the Service and includes text, audio, music, images, videos, software, programs, codes, and other proprietary information.
  5. "Device" shall mean the device (hardware) with which the Customer uses the Service.
  6. "Service" refers collectively to the various services provided through the video streaming service "ABEMA Live" as described above.
  7. "System" refers to the server-based platform that operates the Service.

Article 2 Service Overview

All video content distributed through the Service is a pay-per-view service. Pay-per-view service refers to the service provided through "ABEMA Live" operated by OEN (hereinafter referred to as the "Service" together with the application that must be installed to use the Service), whereby users are charged on a per-usage basis to view paid content. Users are requested to make purchases after confirming the precautions, etc. specified for each content.

Article 3 Consent to these Terms

  1. The Customer's use of the Service is subject to the Customer consenting to these Terms and the Individual Service Agreement, and the Customer agrees to use the Service within the scope set forth by us in accordance with the terms and conditions set forth by us - for example, age and usage environment.
  2. In the event the Customer does not consent to these Terms and/or the Individual Service Agreement, the Customer shall not be entitled to use the Service and shall immediately cease using the Service.
  3. If an Individual Service Agreement has been executed in relation to the Service, the Customer shall use the Service in accordance with the provisions of the Individual Service Agreement in addition to these Terms.
  4. If there is any discrepancy in the content of these Terms and the Individual Service Agreement, the content set forth in the Individual Service Agreement shall be applied in preference.
  5. THE CUSTOMER MUST BE AT LEAST THIRTEEN (13) YEARS OF AGE TO ACCESS OR USE THE SERVICE OR CREATE AN ACCOUNT. By accessing, using and/or submitting information to or through the Service, you represent that you are not under thirteen (13) years of age.
  7. A person with parental authority for a minor accepts full responsibility for any unauthorized use of the Service by that minor. A person with parental authority for a minor is responsible for any use of their credit card or other payment instrument - for example, PayPal - by such minor.

Article 4 Changes to these Terms and Disclaimers

  1. We reserve the right to amend these Terms and the Individual Service Agreement for (i) legal reasons including amendments to laws, (ii) technical needs, (iii) to maintain company operations, (iv) when changes are necessary due to exchange rate fluctuations, (v) for the benefit of users, and (vi) any other reason deemed necessary by us. The "Last Updated" legend at the end of these Terms indicates the date on which these Terms were last updated.
  2. We will notify registered Customers of proposed revisions to the Terms that will have a significant impact on them such as changes to usage fees, registration details, or purpose of use regarding registered personal information at least thirty (30) days prior to the proposed effective date, via website, in-service notification, e-mail, or other means. We will notify Customers of any other revisions to the Terms by any reasonable means, including by posting the revised Terms on the Service page. However, we may at our sole discretion, add features to the Service that are beneficial to Customers, or rearrange (revise) the format or appearance of the Service at any time.
  3. The Customer is entitled to object to any amendment of these Terms or the Individual Service Agreement until the amendment becomes effective. Once the amendment becomes effective, the objecting Customer must immediately cease downloading, installing, and using the Service. In the event the objecting Customer is already using the Service, the Customer must cease use of the Service prior to the scheduled date of amendment and follow the withdrawal procedures set forth by us.
  4. If the Customer does not expressly object to an amendment to these Terms or the Individual Service Agreement or if the Customer uses the Service again after the amended terms and conditions become effective, it shall be deemed that the Customer consents to the amended Terms or Individual Service Agreement.

Article 5 Handling of Personal Information and Cookie Information

  1. We may obtain the following information (hereinafter referred to as "Customer Information") in relation to the Service.
    1. Information about individual Customers: Customer's email address that they have registered for the Service.
    2. Information about the terminal used: device, operating system, and device language settings.
    3. Information on communication environment: telecommunications carriers, communication environments, access areas, etc.
    4. Usage information: version of the Service, usage history of the Service, etc.
  2. When storing and accumulating Customer Information, we shall handle the obtained Customer Information with care of a good manager and use it for the following purposes:
    1. To operate the Service (including the provision of any information to the Customer from us for the purpose of responding to inquiries, sending mail magazines and other information within the Service, sending prizes to winners of campaigns, etc., and for other purposes posted within the Service).
    2. To use as marketing data for our services (not limited to the Service) and personal attributes that we deem beneficial to the Customer.
    3. To contact the Customer about matters that significantly affect the operation of the Service (including, but not limited to, significant changes to the Service content and temporary suspension).
    4. To contact the Customer to request consent for the handling of their Customer Information.
    5. To compile statistical information pertaining to the usage of the Service in a form that does not allow the identification of individuals (hereinafter referred to as "Statistics"), to publish Statistics, and to provide Statistics to third parties.
  3. Policies and contact information for handling Customer Information (disclosure, correction, deletion) shall be in accordance with the "Privacy Policy" and "Cookie Policy" separately established by us.
  4. We may use cookies and access logs, (including advertising identifiers and IP addresses, hereinafter referred to as "Cookies, etc.") obtained from Customers in order to achieve the following purposes, and to which Customers shall give consent to such use.
    1. To allow members to enter part of their registration information, thereby saving them the trouble of entering all of it.
    2. To analyze customer trends through Google analytics in order to plan and provide better services.
    3. To avoid exposing the same advertisement more than once.
    4. To provide information and advertisements of recommended contents related to the Service according to the Customer's hobbies and preferences.
    5. The Customer agrees to accept cookies according to the settings of the communication terminal or browser used by the Customer. If the Customer's browser is set to block cookies, we may not be able to recognize your information correctly, and we shall not be held responsible for any damages resulting from this.

Article 6 Limited Grant of Rights

  1. The Service is provided for the Customer's enjoyment, and unless otherwise specified, solely for the Customer's own personal use. We hereby grant the Customer a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Service and the Content included thereunder for the Customer's own non-commercial entertainment purposes, subject to the Customer's complete compliance with these Terms. The Customer acknowledges that the time spent on or using the Service, including without limitation, the Content, is solely for the Customer's personal entertainment purposes, and that no monetary value including the benefit of time can be attributed to such time and that, except for the license granted herein, the Customer is not entitled under the law to use or have access to the Service and/or the Content.
  2. Between the parties, we shall own all rights and titles in and to (i) the Content, including the text, software, images, programs, trademarks, logos, and any other features of the Content that is part of the Service, and (ii) all rights and title to all code, programming, related to the Service or the underlying Service, and the intellectual property rights inherent in each of the foregoing. These Terms shall not transfer any rights (including intellectual property rights) relating to the Service to the Customer other than the right to access and use the Service set out in Article 6 (1). The Customer acknowledges that our intellectual property contained within the Content and the Service are valid and protected in all media existing now or developed later in the future, and acknowledges that the Customer does not acquire any ownership rights in or to the intellectual property.
  3. We shall not grant the Customer any express or implied rights or licenses in or to the Service and the Content other than what is expressly set forth herein. Furthermore, except as expressly set forth in these Terms, the Customer may not modify, copy, adapt, reverse engineer, decompile or otherwise reduce to any human-perceivable format, distribute, transmit, transfer, license or sublicense, publish any Content or any other component of the Service - for example, UPLOAD TO YOUTUBE OR OTHER VIDEO SERVICES - hereinafter referred to as "Publication", or sell in any form or by any means, in whole or in part, the Content without our prior written permission. While you are welcome to view the Content provided through the Service while sharing it in real life with your friends, family, and significant others through your home TV or PC, it is a violation to lend your Account to others or to share one Account with multiple people. Please note that doing so may result in your Account being banned, your access to the Service being terminated, and you may be charged additional fees for the access of others.
  4. We reserve the right to modify, amend, and update the Content and the Service at any time and for any reason. The Customer agrees that we will not be liable to the Customer, or any third party for any such modification, suspension, or termination.
  5. We reserve the right to set, create, and change at our sole discretion the specifications, rules, design, audiovisual expressions, effects and all other matters related to the Content and the Service.
  6. The Service and Content contains copyrighted material, trademarks, and other proprietary information, including videos, music, comments, articles, information, catalogs, brochures, data, text, software, photos, and graphics. The Content is subject to copyrights owned by us and other individuals or entities and is protected by copyright laws.
  7. Any and all names, trademarks, service marks, logos, etc. of OEN and its organization names, athletes, teams, and units ("Trademarks") are the exclusive property of OEN and are protected from reproduction, imitation, dilution, or confusing or misleading uses under trademark law and copyright law, and other applicable laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited, and nothing stated or implied in connection with the Service grants you any license or right under any patent, copyright, trademarks, or any other intellectual property of OEN or any third party.

Article 7 Account and Password

  1. Before using the Service, the Customer must register an Account in accordance with the specified procedures. The Customer must register their own email address after confirming that it is not the email address of a third party, does not infringe the rights of a third party, and is not otherwise illegal. We reserve the right to refuse account registration for any reason, including, but not limited to, if the username may be impersonating another person, or may cause confusion. We reserve the right to change or delete any Account, with or without prior notice to the Customer, at any time and for any reason in its sole discretion.
  2. The Customer acknowledges that it will have no ownership or proprietary rights to the registered Account. The Customer cannot transfer, loan, or pass on any of the usage rights in the Service to a third party.
  3. When the Customer decides to provide us with their information to create an Account, the Customer agrees to: (a) provide accurate information about themself as prompted by the account registration process and (b) maintain and update their information to keep it accurate and up-to-date. If any information provided by the Customer is untrue, inaccurate, not up-to-date, or incomplete, we have the right to terminate the Customer's access to and use of the Service.
  4. We shall not be responsible for any problems caused by incomplete or incorrect information registered by the Customer when using the Service, and the Customer shall indemnify us for any and all actions taken in connection with such incomplete information. THE CUSTOMER IS SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THEIR USERNAME AND PASSWORD, ACCOUNT AND ALL ACCESS TO AND USE OF THE SERVICE.
  5. The Customer shall take all appropriate safety measures against the unauthorized use of their Account by any third party with reasonable care.
    1. The Customer shall in particular:
      1. safeguard the confidentiality of their Account's username and password in particular when using national or international media, private messages, social media, or services on the Internet; this entails among others that the Customer shall:
        1. not communicate their username or password to any third party;
        2. only keep, if at all, encoded and separate written records of the username and the password, and keep those separate records in places protected against the access by any third party;
        3. change the password regularly, at least once a year;
      2. secure access to the hardware with which the Customer accesses the Service (i.e. by implementing additional passwords necessary to unlock the hardware, which again the Customer shall safeguard in the ways described in these Terms);
      3. safeguard any credit cards or other payment instruments the Customer uses for the Service against any unauthorized use by third parties;
      4. If the Customer is a parent or guardian of a minor, or if they are in regular contact with a minor,
        1. restrict the minor's use of their Account and
        2. regularly monitor the minor's use of their Account despite the minor's prohibition.
        3. take measures against computer viruses and hacks, including updating the version of the terminal and OS used.
    2. If the Customer breaches any of their obligations under these Terms, the Customer is liable for statutory damages.
    3. Given our considerable effort to ensure that only an adult becomes our contracting party and that only the Customer uses their Account, we will assume that the continual use of the Customer's Account is by the Customer themselves. We will therefore assume that any actions performed through the Account take effect directly in favor of and against the Customer.
  6. In the event that a third party is able to use the Customer's Account with their permission or through negligence, we will consider any actions taken by the Customer or a third party on their Account to be their own actions. The Customer acknowledges that it is their own responsibility to ensure that the information registered by the Customer when using the Service is not used in an unauthorized manner by a third party. It is the Customer's responsibility to resolve any issue that arises as a result of the Customer's disclosure their own Account details to a third party, whether through domestic or international media, private correspondence, social media, Internet services, or otherwise. The Customer acknowledges that we shall bear no responsibility for any such unauthorized use.
  7. As between the parties, the Customer shall bear all liability and responsibility for any acts performed in the Service through the Customer's Account and username by the Customer or by a third party on the Customer's Account and username as the Customer's own acts if the Customer could have prevented the use of their Account by applying reasonable care and in particular by complying with the obligations of these Terms.
  8. If the Customer breaches these Terms and fails to comply with any warning notice, we reserve the right to delete or suspend the Customer's Account and information associated with the Customer's Account. All of the Customer's usage rights in the Service shall cease to exist when the Account is suspended, deleted or revoked, regardless of the reason.

Article 8 Provision of Service

  1. We reserve the right to modify, suspend or terminate, at our sole discretion, the Service and all the services provided using the Service.
  2. If the Service is terminated pursuant to the preceding paragraph, the Customer will no longer be able to access the Customer's Account once the Service is terminated.
  3. The Customer is not entitled to any refund, return, or other reimbursement upon a cancellation of the Service except to the extent required by applicable law.
  4. Notwithstanding any provision to the contrary herein, the Customer agrees that they have no right or title in or to any Content, whether purchased from us, or any other attributes associated with an Account. THE CUSTOMER AGREES THAT IF THE CUSTOMER'S ACCOUNT IS TERMINATED, OR SUSPENDED, THE ACCOUNT SHALL HAVE NO VALUE. The Customer's Account may not be transferred, licensed or sold.

Article 9 Advertisements/Third Party Links & Websites

  1. We may, at our sole discretion, place the advertisements of ours or third parties through the Service.
  2. The Service provides links to third party websites that we believe may be of possible interest to you. Although the Service provides links to third party websites that may be of interest to you, we do not endorse or control these websites and are not responsible for (i) the availability of such websites; (ii) any content, data, text, software, music, sound, photographs, video, messages, tags, links, advertisements, services, products, or other materials on such websites; (iii) the Customer's participation in the payment and provision of certain goods and services with third parties found on or through the Service communications or business dealings, and any other terms, conditions, representations, or warranties associated with such dealings, are solely between the Customer and such third party; or (iv) any damage or loss caused or alleged to be caused by or in connection with the Customer's interaction with any such third party. The Customer's use of any service linked to on the Service is subject to the policies and procedures of the owner of such websites, and all use of such websites is subject to such policies and procedures and not to these Terms. The Customer understands that by using any third-party website linked to from the Service, they may be exposed to content or other materials that are offensive, indecent, defamatory or otherwise objectionable.

Article 10 Fees and Expenses

  1. The costs pertaining to the purchase, introduction, and maintenance of a Device, the communication fees - for example, packet fees and data usage fees, and all other expenses necessary while using the Service shall be borne by the Customer. The Customer will pay all fees or charges incurred through its Account, including applicable taxes at the time that the fee becomes payable.
  2. The Customer is aware that they shall be responsible for any acts, including the purchases and use of other fee-based services, made through their Account, by third parties under their Account.

Article 11 Fee-based Services

  1. Customers can use the fee-based services after registering an Account.
  2. Fee-based services can only be used as long as the Service is provided. After the termination of the Service, the Customer cannot continue to use any fee-based services.
  3. Customers can purchase fee-based services by completing Account registration for the Service, selecting the desired payment method, and clicking on the button to confirm their intention to purchase the fee-based services.
  4. The Customer shall make a purchase order for each content in accordance with the stipulated procedures, and a purchase contract shall be formed upon completion of the relevant order procedures. After a purchase contract is executed, cancellation by the user's own convenience is not permitted.
  5. The content, price, and viewing conditions (including, but not limited to, the availability and duration of archived viewing) of the pay-per-view service differ for each content, therefore, Customers shall be responsible for confirming the precautions, etc. specified for each content before making a purchase.
  6. Payment methods may vary according to the Customer's location and the technical feasibility of the payment methods available in the market.
  7. Money will be collected through the respective settlement service or platform specified at the time of purchase. In the event of a dispute over usage fees, etc. between the Customer and the settlement agent providing the settlement service, the dispute shall be resolved between the parties concerned, and we shall not be held liable, except in cases where the dispute is attributable to us.
  8. We will not issue receipts or other documents regarding fees paid by the Customer for the purchase of content.
  9. Statutory interest shall accrue in instances of default.
  10. If a minor registers for an Account and uses the fee-based services under an Account held by an adult, valid representation and consent of the person with the account (including their consent to these Terms, to the paragraphs in this Article, and to the Individual Service Agreement) are required, and the adult who holds the Account is the contractual party of OEN, bound by these Terms.
  11. If you are paying the fee by credit card, you authorize us to charge your credit card or bank account for the fee amount. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third-party payment processors. Your use of the Services will also be subject to the terms, conditions, and privacy policies of such third-party payment processors. Your access to or ability to use the Services may be suspended or you may incur additional charges from the payment processor if your billing contact information is incorrect or not updated in our records. OEN is not responsible for any damages arising out of (i) any account suspensions resulting from your incorrect billing contact information, or (ii) any errors or omissions by the payment processor or by your credit card issuer.

Article 12 Refunds

  1. We may issue refunds to users when all distributions are discontinued in accordance with Article 8.1 or at our sole discretion.
  2. Refunds shall be made in cash and are subject to the following:
    1. Refunds will be made in a method within a specified refund period determined by us.
    2. Refunds shall be initiated by the user who made the purchase from their Account at the time of purchase. We shall not be obligated to provide refunds for refund requests made from Accounts other than the original Account, or requests for refunds made using methods other than those specified by us.
    3. The refund amount to the Customer shall be limited to the purchase price for the Services, and no refunds shall be made for communication costs or other expenses incurred by the Customer in making the purchase.
    4. Refunds will be made based on the details of the Customer's application. We shall not be held liable for any delay or inability to make refunds in the event that the details (account information, etc.) submitted by the Customer are incomplete.
    5. Refunds may take some time, and Customers shall not object to this.

Article 13 Prohibitions

  1. The Customer shall not engage in any of the following acts in connection with the Service or the Service. In addition, the Customer is also prohibited from permitting, instructing, instigating, or coercing a third party to commit such acts. They are prohibited from doing the following:
    1. Using the Service(s) in a manner that violates these Terms or violates any applicable law or regulation.
    2. Committing fraud (including computer fraud), obstructing business, committing unauthorized access, illegal distribution, and any other acts that lead or may lead to violations of the law.
    3. Infringing the proprietary rights and other property rights, including copyrights, portrait rights, and other intellectual property rights, of OEN or any third party.
    4. Transferring, reselling, auctioning, etc. of Accounts.
    5. Using a third party's Account to view the Content.
    6. Committing unauthorized access or acts with the intent to mislead us or a third party.
    7. Advertising, announcing, soliciting for, and carrying out transactions in pyramid schemes, multi-level marketing systems, network businesses, and other transactions similar to a chain structure related to the Service or Content.
    8. Unauthorized downloading, reproduction, adaptation, making transmittable, posting or uploading to other services, distribution, delivery, reprinting, publishing, selling, etc. of the Content, or using the Content for any purpose other than viewing.
    9. Acquiring in an unauthorized manner the various contents provided by us through the Service (including, but not limited to, contents and items provided in the fee-based services), hereinafter referred to as "In-service Content", or committing acts that facilitate the unauthorized acquisition of In-service Content.
    10. Transferring to a third party or allowing a third party to use an Account, In-service Content, or part or all of the rights and benefits available to the Customer in the Service in exchange for cash or other assets, and advertising, announcing, or soliciting such exchanges.
    11. Negatively affecting the formation of the character of a minor, such as by inducing them to drink alcohol, smoke, or get tattoos.
    12. Inducing others to commit suicide or hurt themselves.
    13. Inducing others to commit antisocial behaviors.
    14. Providing links with the intention of promoting an act which is prohibited under the paragraph.
    15. Committing other acts which may be judged to be inappropriate by us.
    16. Any dangerous acts, such as imitating the athletes included in the Content, and engaging in the fight sports, or performing techniques as well as filming such acts and making them public on the Internet. (however, imitating costumes, dialogues, or posting thoughts or predictions about matches are not prohibited.)
  2. The Customer shall not commit any of the following acts, or similar acts, which may hinder the operation of the Service or disturb its operation, regardless of whether or not such acts are committed inside or outside of the Service. In addition, the Customer is prohibited from permitting, instructing, instigating, or coercing a third party to commit such acts. They are prohibited from doing the following:
    1. Attempting to use (in a manner that is not authorized), operate, or change the data in the System.
    2. Using the Service in a manner that (i) overloads the System, (ii) sends anything that contains viruses or other codes intended to do harm, (iii) uses a bot or script to scrape the Service or Content, (iv) uses any content cheat or hack, or (v) using the Service wrongfully by using other technical measures not provided by us.
    3. Replicating, transmitting, transferring, renting, translating, adapting, or altering the Service or combining the Service with other software.
    4. Deleting or changing the copyright notices attached to the Service or other rights notices.
    5. Frame or mirror any part of the Service without our written permission.
    6. Using, creating, distributing, or selling external tools that have an impact on the Service.
    7. Exchanging, transferring, sublicensing, or otherwise disposing the rights contained to use the Service, or Content for cash, property, labor, or other economic benefit (except in a manner which is permitted by us).
    8. Committing acts that interfere with the System used as part of the Service.
    9. Using the Account of another Customer.
    10. Claiming to be, hinting to be, or suggesting to be in affiliation with or otherwise impersonating an affiliation with OEN, an affiliate company, or a related person.
    11. Possessing multiple Accounts or sharing an Account between multiple people without our consent.
    12. Accessing the Service with a Device that has been modified - for example, rooted or jailbroken.
    13. Modifying, damaging, disassembling, decompiling, or reverse engineering the Service.
    14. Making unreasonable inquiries or demands to us - for example, repeating questions unnecessarily or asking similar questions or threatening, blackmailing, coercive or violent questions, or slander.
    15. Intentionally utilizing malfunctions or bugs of the Service.
    16. Intentionally inducing malfunctions or bugs of the Service.
    17. Using the Service for purposes not intended by us.
    18. Committing any other equivalent or similar act that interferes with, hinders, or damages, or may interfere with the operation of the Service by OEN or the use of the Service by another Customer.
  3. If we suspect that the Customer has committed, or may commit, a prohibited act, the Customer admits to committing a prohibited act, or we determine the Customer's use of the Service is inappropriate, in our sole discretion, we shall reserve the right to take the following measures:
    1. Requesting that the Customer stops the prohibited act and does not undertake any similar acts.
    2. Stopping part or all of the Customer's use of the Service.
    3. Stopping or deleting the Customer's Account.
    4. Revoking the rights obtained through prohibited acts.
    5. Disclosing inside and outside the Service the relevant facts of the prohibited acts, including making a report to the police or another public agency in a criminal case, administrative case, or other case that may correspond to this.
    6. Taking other equivalent measures determined by us to be necessary and appropriate.
    We shall reserve the right not to provide services, including the Service, to a Customer whose Account has been deleted under the preceding paragraph (3). We may store personal information to the extent necessary to take such measures.

Article 14 Linking and Framing

Creating or maintaining any link from another website to any page, other than the top page of the Service without our prior written permission is prohibited. Running or displaying the Service or any material displayed on the Service in frames or through similar means on another website without our prior written permission is also prohibited. Any permitted links to the Service must comply with all applicable laws, rules and regulations.

Article 15 Terms and Conditions for Using the Pay-Per-View Service

  1. Customers may use all information provided in the Service, including pay-per-view service content, only within the specified scope by connecting the designated equipment through telecommunication lines and displaying or downloading, etc. to their telecommunication terminals.
  2. The rights to all content provided by us within the pay-per-view service shall belong to us or the rights holder who has authorized us to distribute the content or consigned the distribution of the content. Customers do not receive a license to any patent right, utility model right, design right, trademark right, copyright, know-how or other intellectual property right under these Terms.

Article 16 Limitations of the Service

  1. The Service and any information and materials provided on or through the Service, including without limitation, any other data, text, pictures, photographs, graphics, audio, video, icons, contents, software, and upgrades for use on or through the Service ARE PROVIDED "AS IS". The Customer shall use the Service under their own responsibility and judgment. OEN provides no guarantees in regard to the precision, completeness, accuracy, validity, applicability, usefulness, or availability of the Service, as further detailed in this Article and Article 17. Moreover, we make no warranty that the Service will be compatible with the Device used by the Customer (including Devices recommended by the Service and Devices that are indicated as being in a recommended environment).
  2. We do not warrant that the Service can be accessed and used by Customers at any given time and from any given location, or that the Service will be uninterrupted or error-free.
  3. We make no warranty as to the legality, completeness, security, accuracy, or conformity to public order and morals of any third-party website accessible through a link from the Service.
  4. If the Customer replaces the Device they first used to access the Service due to repair or model change, unless otherwise specified by us, we do not warrant that the information registered prior to the replacement can be transferred to the new device.
  5. We make no warranty of any kind with respect to any products or services other than the Service provided by third parties in connection with the use of the Service.

Article 17 Disclaimers of Warranties & Limitation of Liability

  1. Our services and the content ARE PROVIDED "AS IS" and without warranties of any kind, either express or implied. To the extent permitted by applicable law, OEN and its affiliates, licensors, suppliers, advertisers, sponsors, and agents, disclaim all warranties, express or implied, including without limitation, implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose, and any warranties that may arise from a course of dealing, course of performance, or usage of trade. Neither OEN and nor its affiliates, licensors, suppliers, advertisers, sponsors, and agents warrant that the Customer's use of the Service and the Content, including without limitation any products or services available through the Service, will be uninterrupted, error-free, or that defects will be corrected. No opinion, advice, or statement of OEN or its affiliates, licensors, suppliers, advertisers, sponsors, agents, members, or visitors, whether made in association with the services or content, shall create any warranty.
  2. We shall not, under any circumstances, provide a return or refund for the convenience of the Customer of money that has been paid by the Customer other than to the extent that such a return or refund is required by applicable law or regulation.
  3. We shall not, under any circumstances, bear responsibility for damages in regard to any damage suffered as a result of the Customer applying alterations, modifications or technical characteristics to the hardware or software of any mobile devices and then not being able to properly use the Service. In addition, we shall have no responsibility to provide any help or assistance to reinstate the use of the Service in such an event.
  4. We shall not, under any circumstances, bear responsibility for any damages suffered as a result of the Customer personally losing or forgetting their registered information. In addition, we shall provide absolutely no help to reinstate the use of the Service in such an event. The same shall also apply in the event the Customer loses their registered information due to unauthorized use, loss, theft, failure, or any other reason in regard to the mobile device they use for the Service. We shall respond to inquiries, ideas for improvement, other suggestions and feedback from the Customer pertaining to the Service at our sole discretion and judgment without obligation to provide a reply or any kind of support. We may provide support to the content of inquiries, ideas, suggestions, feedback, and similar from the Customer. However, this shall not be interpreted as an obligation to provide individual answers, reports, or financial compensation to the Customer.
  5. We shall not, under any circumstances, bear responsibility to repair bugs or similar in the Service and shall bear no obligation to reform or improve the Service.
  6. We and our affiliates, licensors, suppliers, advertisers, sponsors and agents, shall not, under any circumstances, be liable for any damages (including without limitation, indirect, incidental, special, or exemplary damages; damages for loss of business, loss of data, or lost profits; or damages for wrongful death/personal injury) resulting from a Customer's use of or inability to use the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not we have been advised of the possibility of such damages. Your sole and exclusive remedy for any dispute with us is to discontinue your use of the services. Under no circumstances shall the maximum aggregate liability of us and our affiliates, licensors, suppliers, advertisers, sponsors and agents for all damages, losses and causes of action, whether in contract, tort (including, but not limited to, negligence) or otherwise, in connection with the provision of Services, exceed the total amount paid by you to us during the preceding twelve (12) months.
  7. No communication of any kind between the Customer and OEN constitutes a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in these Terms.

Article 18 Suspension of Distribution

  1. We may suspend, terminate, postpone, or discontinue the distribution of part or all of the content (hereinafter referred to as "Suspension, etc."), at our sole discretion, including in the following cases:
    1. When we or the organizer of the event is unable to distribute due to reasons beyond our control
    2. In the event that distribution cannot be conducted due to system failures, communication failures, or other security issues
    3. In the event that distribution cannot be made due to force majeure, such as natural disasters, epidemics (including cases in which we respond to requests for self-restraint by government and local public entities that are not legally binding), etc.
    4. In the event of a fire, power failure, or other unforeseen accidents, or in the event of war, conflict, upheaval, riot, or labor dispute, etc., the distribution cannot be performed.
    5. When our operation becomes impossible due to laws and regulations or measures based on such laws and regulations
    6. When we deem it necessary for other reasons
  2. In the event that we suspend the distribution of part or all of the Content in accordance with the preceding paragraph, we shall notify users to that effect in advance, to the extent practical. However, this excludes cases where there are urgent circumstances.
  3. Even in the event that distribution of part or all of the Content is suspended, etc., in accordance with Paragraph 1, we shall not be liable for any damages incurred by the user as a result of such suspension. However, this excludes cases in which the items of Paragraph 1 are caused by reasons attributable to us.

Article 19 Termination

  1. We may revoke the Customer's license and terminate the Customer's access to and use of the Service and the Account for any breach to these Terms and may delete the Customer's Account. If we revoke the Customer's license and terminates the Customer's access to and use of the Service and the Account, we shall have no liability whatsoever. If the Customer terminates the Service, all outstanding financial obligations owed by the Customer to us shall be fulfilled immediately by the Customer. In the event of a Customer's death, their Account will be terminated, except for any charges incurred up to that time in the event of a delay in communication from the Customer's representative to us or the settlement company.
  2. We shall bear no obligation to retain any information - for example, personal information - of a Customer or Account once the Customer's Account has been terminated.

Article 20 Indemnity

  1. The Customer agrees to reimburse us for any and all damages resulting from the violation of these Terms. The Customer releases us from any third-party claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) that third parties may incur as a result of or arising from the Customer's violation of (i) the Agreement; (ii) any law or regulation; or (iii) a third party's proprietary or intellectual property right.
  2. In addition to the preceding paragraphs, we shall not be liable for any damages incurred by the Customer arising from the use of the Service, except for reasons attributable to us.
  3. In the event that we are liable to a user for damages based on default or tort in accordance with the Consumer Contract Act, we shall compensate the user for damages up to the amount equivalent to the usage fee for the pay-per-view service for the purchased content that caused the damage, limited to direct and ordinary damages incurred by the user. However, in the event of willful misconduct or gross negligence on the part of OEN, this limit shall not apply, and we shall compensate the Customer for any damages incurred.
  4. We shall not incur any liability as a result of any dispute between Customer and any third party (including other users) other than us in connection with the pay-per-view service.

Article 21 Prohibition on the Transfer of Rights and Obligations

The Customer shall not resell or assign their rights, obligations, or liabilities under these Terms, and any attempted assignment or delegation shall be void and of no force or effect whatsoever. This Agreement may be assigned by us, in our sole discretion, to a third party and such an assignment shall inure to the benefit of our successors, assigns, and licensees. Without limiting the foregoing, we may sell, transfer or otherwise share some or all of our assets, including personal information to our parent company, subsidiary, joint venture, companies under our common control, potential acquirers, lenders, or investors in connection with a merger, reorganization, sale of assets, or in the event of bankruptcy. In such cases, the personal information we collect from you may be one of the transferred assets.

Article 22 Validity of these Terms

  1. Except as described in Article 19, if any part of these Terms or the Individual Service Agreement is or becomes invalid or unenforceable, the rest of these Terms and the Individual Service Agreement shall continue to apply and be binding and any invalid or unenforceable term will be substituted with a valid and enforceable term that reflects our intent as closely as possible.
  2. These Terms and the Individual Service Agreement constitute the entire agreement between parties with respect to the subject matter hereof, and supersede (except in the case of fraud or a fraudulent misrepresentation) all prior understandings between the parties with respect to the subject matter of these Terms and the Individual Service Agreement, whether those prior understandings were electronic, oral, written, or established by custom, practice, policy, or precedent, between the parties.
  3. Our failure to act with respect to a breach by the Customer or others does not waive our right to act with respect to a subsequent or similar breaches. If we do not exercise or enforce any legal right or remedy contained in these Terms (or which we have the benefit of under any applicable law or regulation), such act or omission shall not constitute a formal waiver of our rights, and all such rights or remedies shall remain available to us. All waivers must be in writing and signed by both parties to be legally binding.

Article 23 Changes to the Guidelines

  1. In any of the following cases, we may change the Guidelines by specifying the effective date of the change, announcing the fact that the Guidelines will be changed, the content of the Guidelines after the change and its effective date by posting on the Service or on a website separately designated by us, or by other appropriate means, in advance.
    1. If the changes are compatible with the interests of the user.
    2. If the content of the change does not contradict the purpose of transactions pertaining to the Guidelines and is reasonable in light of the necessity of the change, the appropriateness of the changed content, and other circumstances pertaining to the change.
  2. Any changes to the Terms pursuant to the preceding paragraph shall take effect from the effective date of the preceding paragraph, and the changed Terms shall apply to the member or user.

Article 24 Force Majeure

We are not liable for any failure to perform our obligations hereunder due to external, unforeseeable, and irresistible circumstances, such as changes or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, pandemics (including government requests relating to pandemics), or shortages of transportation facilities, fuel, energy, labor, or materials.

Article 25 Governing Law and Jurisdiction

Before filing a formal lawsuit, the Customer should contact our Customer Support team listed below. Most disputes can be resolved that way. These Terms shall be governed in all respects by the laws of Japan. The Customer agrees that any claim or dispute they may have against us shall be resolved exclusively in the Tokyo District Court of Japan. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. The mandatory provisions of the jurisdiction in which you reside shall not be affected by this choice of law.

English: cs-support-en-ml@abema-global.com
Thai: cs-support-th-ml@abema-global.com
Korean: cs-support-kr-ml@abema-global.com
Tagalog: cs-support-tg-ml@abema-global.com

Article 26 Third Party Rights

These Terms are between the Customer and OEN. No other person shall have any rights to enforce any of its terms.

Article 27 No Waiver

If we do not immediately require you to do something under these Terms, or if we delay taking actions against the Customer for the Customer's breach of these Terms, this will not mean that the Customer is not required to take such action, nor does it prevent us from taking actions against them at a later date. For example, if the Customer fails to make a payment but we continue to provide the Service without reminding the Customer, we may demand payment from the Customer at a later date.

Article 28 No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between the Customer and OEN by these Terms.

Article 29 Apple iOS/Android

If you use the Services on an application installed on an Apple or Android Device, including a phone, other mobile device or other device running on an Android or iOS, you and OEN each acknowledge that these Terms are concluded between you and OEN only, and not with Apple or Google, and that Apple and Google, and their subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple and Google will have the right (and will be considered to have accepted that right) to enforce these Terms against you as a third-party beneficiary of these Terms. Subject to these Terms, OEN, not Apple nor Google, is responsible for addressing any claims you may have relating to the Services, use of the Services including (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation, and (iv) claims related to payment and refund of the fees, as applicable. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple or Google depending on the Device you use, and the fees charged for the application, for the duration of the subscription fee when the application was non-compliant will be refunded accordingly. To the maximum extent permitted by applicable law, Apple nor Google will have no other warranty obligation whatsoever with respect to the application. In addition, Apple nor Google has no obligation whatsoever to furnish any maintenance and support services with respect to the application. In the event of any third party claim that the application or your possession and use of the application infringes that third party's intellectual property rights, subject to these terms, OEN, not Apple nor Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Last Updated Date: December 18, 2023