XG OFFICIAL FANCLUB ”ALPHAZ”

ALPHAZ Membership agreement

XG OFFICIAL FANCLUB "ALPHAZ" (hereafter, “the Members Club”)is a membership service offered by Avex Digital Inc. (hereafter, “the Company”). To use the Members Club’s service (hereafter, “this Service”), you must consent beforehand to the terms of use described herein (hereafter, “this Agreement”). You may not utilize this Service without consenting to this Agreement. Please note that all procedures carried out through your smartphone, including the use of this Service and withdrawal from this Service, will be regarded as procedures that you have carried out in person.

Chapter 1 General Provisions

Article 1 Membership Agreement

This Agreement applies to all cases pertaining to enrollment with the Members Club, withdrawal from the Members Club and the use of this Service. From the moment you use this Service, you are deemed to have consented to the terms of this Agreement.
Notifications made by the Company to members, as well as the terms of use, user guides and other guidelines that pertain to all of the Members Club’s services and that are prescribed by the Company separate to this Agreement (hereafter, collectively referred to as “the terms of use and other guidelines”), constitute part of this Agreement regardless of their title.
In the event that differences arise between the provisions prescribed in the body of this Agreement and those stipulated in the terms of use and other guidelines, the provisions defined in the terms of use and other guidelines shall take precedence.

Article 2 Notification

Whenever necessary, the Company will notify members of all required information by means of messages displayed on the dedicated application used for this Service, or by other methods that we deem suitable.

Article 3 Attribution of Rights

All rights, including copyrights, trademark rights and image rights, pertaining to all data, text, audio, video, illustrations and information provided by this Service (hereafter, collectively referred to as “data”), as well as the dedicated application used for this Service, are the property of the Company or the third party who own those rights.

Chapter 2 Membership

Article 4 Enrollment

Enrollment in the Members Club will be carried out at the moment you use this Service. You will be granted membership at that time. Please note that minors must obtain parental consent in order to use this Service.
The membership categories of our association are as follows.
Free member You can enjoy a part of this service.
1. Free member You can enjoy a part of this service.
2. Paid members By paying the membership fee separately determined by the Company, you can enjoy all of this service except those specified in Article 10, Paragraph 3.

Article 5 Period of Validity of Membership

Membership remains valid until a member completes a withdrawal procedure, or is withdrawn from this Service, in accordance with this Agreement.

Article 6 Prohibited Matters

A member may not commit any of the following acts while using this Service.

The use of any data obtained through the Members Club for purposes including the reproduction, distribution, transfer, lending or public transmission of that data, outside of the bounds of personal use permitted under the Copyright Law.
Infringement upon the property, privacy or image rights of an artist or other third party, or any action that may lead to such circumstances.
Defamation of an artist or other third party in order to damage their reputation or credibility, or any action that brings about the possibility of such harm.
The transfer, lending or renaming of rights owned in accordance with membership status, including priority booking rights for tickets, tickets, and merchandise acquired through membership benefits, on behalf of a third party through methods including resale to that third party by means of an online auction, or the establishment of the right to pledge or provision of any other guarantee in relation to those rights.
Any forceful demand addressed to an artist requesting a meeting or communication, or any request addressed to the Company or another Avex Group company concerning a meeting or communication with an artist.
The use of the Members Club for the purpose of producing a monetary profit for the member or a third party, or any action conducted in preparation of such an attempt.
The use of the Members Club for pre-election campaigning, election campaigning or any similar activity, or any act that infringes upon the Public Offices Election Law.
The use of the Members Club in order to carry out religious activities, including the propagation of a religion, or any act related to a religious association, including the establishment and activities of a religious organization and the entry into a religious organization.
Any action other than those listed above that either violates the law or public order and morals, or that interferes with the operation of the Members Club.

Article 7 + ID Account

An account registered with + ID (hereafter, “+ ID account”), a service provided by the Company, is required in order to use the specific features offered through this Service. Before acquiring a + ID account, you must consent to the + ID Account Terms of Use.

Article 8 Cancellation by Member

To withdraw from the Members Club, please submit a withdrawal application using the method prescribed separately by the Company. When the Members Club approves that application, the withdrawal procedure will be completed.
In some cases, changing to a new smartphone model will not bring about the automatic cancellation of your contract with the Members Club. In that event, you must submit a withdrawal application separately using the method prescribed in the previous clause.
Due to system-based reasons, the distribution of email messages may continue for a certain period of time following the completion of the withdrawal procedure. Please be aware of that possibility beforehand.

Article 9 Forced Withdrawal

If a member falls under any of the items listed below, the Company may suspend or withdraw the services provided to that member without advance notice.

A member commits a prohibited action described in Article 6 of this Agreement.
A member violates this Agreement.
The Company determines that it is appropriate to force the withdrawal of a member due to an action not included in the two above items.

Chapter 3 The Members Club’s Service

Article 10 Membership Fees, etc.

Paid members shall pay the consideration to be displayed on the app store, website, etc., which is separately determined by the Company.
The use of this Service will incur communications charges.
There will be a separate charge for products and services sold as membership benefits. In addition, we may distribute paid content in this service, and a separate fee will be charged to use it.
Once paid, the charge stipulated in clause 1 and the previous clause will not be refunded except in cases where there are reasons attributable to the Company.
When carrying out a refund according to the previous clause, the member must register bank account information and other details using the format stipulated by the Company and the form stipulated by the settlement company.
In the event that registration for the bank account used for the refund, as described in the previous clause, is not conducted by the date designated by the Company, or the refund could not be carried out due to reasons including mistakes or deficiencies within the details registered, a separate charge will arise for the reprocessing of the refund, with the resulting fee becoming the responsibility of the member. If a member’s refund is held in reserve due to reasons such as deficiencies within the information registered, within a 24-month period starting from the date it was held in reserve, the member may receive that refund by reregistering or correcting that information so that it allows the refund to be carried out. If that information is not reregistered or corrected within that period, the member will be deemed to have waived the refund.
The Company may commission a refund agency to carry out operations pertaining to the refunds discussed in this article.
The payment method, settlement period and other matters pertaining to the charge prescribed in clause 1 and Clause 3 will be stipulated separately by the Company.

Article 11 Membership Benefits

The membership benefits provided by the Members Club are as follows.

Member ID display.
Provision of artist information limited to members.
Provision of digital content limited to members.
Advance ticket reservation (limited to occasions when ticket sales are carried out; ticket lotteries may be held in some cases).
Other benefits prescribed by the Members Club.

Article 12 Communication Functions

Through this Service, the Company provides bulletin board services, posting functions, community functions and other similar functions (hereafter, “communication functions”).
Communication functions are provided on an “as is” basis in order to facilitate communication between artists and fellow members. There is no guarantee of communication with any specific person. Information submitted or transmitted by members may be recorded in a history (log) on servers managed by the Company or other locations.
Copyrights for information submitted or transmitted by a member via this Service using communication functions will be reserved by that member. The Company, however, may freely use the information submitted or transmitted, without restrictions placed on region, duration, form or other considerations, for purposes including the posting of information using this Service, the promotion of this Service, archiving or commercial use by the Company. The Company may also edit or modify the information submitted to the extent necessary for the smooth operation of this Service and the execution of the aforementioned purposes of use (including circumstances such as restrictions on the number of characters of a media posting made for promotional purposes). If a member uses communication functions to submit or transmit information concerning matters such as plans or ideas for specific products or marketing, the Company or another Avex Group company may use that information free of charge without any obligation to evaluate, review or adopt that information, or to maintain confidentiality.
The member shall understand and agree that the information submitted or transmitted using this Service may be used by the Company in accordance with the previous clause. The member shall not exercise an author’s moral rights in relation to such use.
The member shall declare and guarantee to the Company that the information submitted or transmitted using this Service does not violate Article 6. Prohibited Matters.
Notwithstanding the previous clause, if the Company determines that information submitted or transmitted by the member falls under Article 6. Prohibited Matters, the Company may delete that information without advance notice to the member. Deletion by the Company in such a case does not reduce or exempt the responsibility borne by the member for submitting or transmitting that information.
Prior to submitting or transmitting information using this Service, the member shall agree that the submission or transmission of that information is carried out at their own personal risk. The Company will have no involvement and does not bear any obligation to monitor the submitted or transmitted contents. (To ensure that members can use this Service comfortably, the Company may monitor submitted or transmitted contents on its own accord, or by commissioning such work to a third party, by means of an automated monitoring system or visual inspections conducted by a moderator.) When submitting or transmitting information, the member shall understand beforehand that, in the unlikely event that a claim or demand is made by another member or third party due to or in relation to a submission or transmission (hereafter, “demands”), they must resolve that matter at their own risk and expense. The Company will not bear any responsibility for any demands arising due to or in relation to a submission or transmission made by the member. The member shall agree to fully compensate the Company for any and all damages and losses incurred.
Please use the communication functions with the understanding that the information made public by a member (including nicknames, profile images or other information submitted or transmitted by a member) may be disclosed to an unspecified number of third parties. The Company will bear no responsibility for the consequences resulting from members disclosing their own personal information or other information to other members using the communication functions.

Article 13 PASCH point

PASCH point service is a certain act performed by each SNS account of the account holder separately determined by the Company by registering the account of each SNS separately determined by the Company in the + ID account and the act separately determined by the Company in this service. It is a service that gives points (hereinafter referred to as "PASCH points") to (hereinafter referred to as "target actions"). PASCH points will not be awarded if the account of each SNS separately specified by the Company is not registered in the + ID account or if this service is not used using the + ID account.
The account holder must check the terms of use and guidelines of each SNS separately set by the Company in advance, and then comply with them.
There is a limit to the number of PASCH points that can be earned per day for certain actions taken by each SNS account of the account holder separately determined by the Company, as determined by the Company.

Article 14 Reflection of PASCH points

The timing of reflecting PASCH points in the + ID account when the account holder performs the target action is determined by the Company. Therefore, PASCH points may not be immediately reflected in the + ID account even if the account holder performs the target action.

Article 15 PASCH point expiration date

PASCH points do not expire.

Article 16 No transfer of PASCH points

PASCH points cannot be transferred to a third party.

Article 17 Use and redemption of PASCH points

PASCH points can be used for events held by this service (hereinafter referred to as "target events") or exchanged for content provided by this service (hereinafter referred to as "target contents").
The target event may have a period, and the account holder can use PASCH points during the target event period, but PASCH points cannot be used outside the target event period. you can't.
The target content may have a redemption period, and the account holder can redeem PASCH points for the target content during the redemption period for the target event, but PASCH points and target outside the redemption period for the target content. Content cannot be redeemed.
If PASCH points are used or redeemed under paragraph 2, we will deduct the used or redeemed PASCH points from the total PASCH points held by the account holder.

Article 18 Cancellation of PASCH points

The Company can cancel the PASCH points obtained by the target act if the account holder performs the following target acts.

Acts of acquiring PASCH points by fraudulent means such as using a serial code owned by a third party or using an account of each SNS owned by a third party.
In each SNS, the act of acquiring PASCH points with extremely short posts such as one character
In each SNS, the act of using obscene words or earning PASCH points for posts that defames others
In addition to the above items, PASCH points will be acquired for acts that violate laws and regulations, public order and morals, interfere with the operation of this service, or that the operator of this service judges to be unfavorable for the operation of this service. Action
Other acts to obtain PASCH points by performing the acts stipulated in Article 6 (Prohibited matters)

Article 18 Handling of PASCH points at the time of withdrawal

For whatever reason, if the account holder's + ID account is deleted, the PASCH points held by the account holder at that time will expire.

Chapter 4 Other

Article 20 Ticket Terms and Conditions

The handling of tickets sold or distributed to members by the Company shall be in accordance with the Ticket Terms and Conditions prescribed separately by the Company.

Article 21 Guarantee of Operation

The dedicated application used for this Service may not function properly on an environment other than the recommended environments prescribed separately by the Company.

Article 22 Service Content Changes, etc.

Without advance notice, the Company may revise, supplement or change this Service and the dedicated application, or carry out a version upgrade. In the event that a serious disadvantage will be incurred by members, the Company will provide notification beforehand within a reasonable period of time.
In the case referred to in the opening sentence of the previous clause, the Company shall notify members after the fact using the methods prescribed in Article 2. Notification.

Article 23 Temporary Suspension or Discontinuation of Service

Due to reasons such as system maintenance or inspections, the Members Club may temporarily suspend the provision of this Service after providing members with prior notice. However, if the Company experiences unforeseen circumstances, the provision of this Service may be temporarily suspended without advance notice.

Article 24 Dissolution of the Members Club

The Company may dissolve the Members Club if it determines that it would be difficult to continue managing the Members Club due to the state of activities conducted by artists and other circumstances.

Article 25 Handling of Personal Information

Limited to the purposes of use described below, the Company and other Avex Group companies will make joint use of users' personal information that is provided to the Company when using this Service, in accordance with the Avex Group Personal Information Protection Policy (https://dev-xg.pasch.fan/privacy) stipulated separately by the Avex Group.

To confirm registration with this Service and the application for its use.
To provide members with the membership benefits stipulated in this Agreement.
To provide members with the notifications stipulated in this Agreement.
For other uses related to the provision of this Service.
For purposes of use prescribed in the Avex Group Personal Information Protection Policy (https://dev-xg.pasch.fan/privacy), other than those uses listed above.

Article 26 Compensation for Damages

If a member causes damages to the Company, an Avex Group company or other third party due to a reason attributable to that member in connection with the use of the Members Club, that member will bear responsibility for compensation for those damages.
If, in connection with the use of the Members Club, a member receives a claim or demand from another member or a third party, or a dispute arises, that member will resolve that matter at their own risk and expense.

Article 27 Exemption from Responsibility

If a member suffers damages in connection with the use of this Service, other than in cases where a reason is attributable to the Company, we will not bear any responsibility for compensation for those damages. If a reason is attributable to the Company and we will bear responsibility for compensation for those damages, except in cases of willful misconduct or gross negligence on our part, that responsibility is limited to ordinary and direct damages actually suffered by the member.

Article 28 Guarantee

The Company will not make any guarantee whatsoever regarding matters including whether the Members Club's service, the emails, content and tickets provided in association with the Members Club's service, and all other products and services meet the standards expected by a member, conform with some specific objective, are free of viruses or other malware, or contain posted information that is correct and truthful.

Article 29 Changes to this Agreement

The Company may make a change to this Agreement if it conforms with the general interests of the member or if it does not conflict with the purpose of this Agreement. In such an event, the member will be subject to the modified version of this Agreement.
The types of changes that can be made include, but are not limited to, the following examples.
- Introduction of a new service.
- Discontinuation of a service.
When the Company makes a change, as described in the previous clause, we will prescribe the effective date of the change and inform members of the change made to this Agreement, the contents of this Agreement following that change and the effective date, by means of the methods prescribed in Article 2. Notification and other methods prescribed separately by the Company.

Article 30 Matters for Discussion

If any uncertainty arises regarding the interpretation of this Agreement or any matter not prescribed in this Agreement, the member and the Company will resolve that uncertainty through mutual discussion in good faith.

Article 31 Governing Law and Jurisdiction

The use of this Service and the application and interpretation of this Agreement shall be governed by the laws of Japan.
If a member needs to dispute some matter with the Company concerning this Service or this Agreement, it is agreed that the Tokyo District Court or the Tokyo Summary Court will have exclusive jurisdiction as the court of first instance.
The Japanese version of this Agreement serves as the official text. If differences of interpretation arise between the Japanese version and any translated version, the Japanese version shall take precedence.

(End of document; 31 articles in total)

Supplementary Provisions

●Enacted on July 1, 2022

Ticket Services Agreement Article

Article 1 (Ticket Agreement)

This Agreement shall apply in all tickets (hereinafter the "tickets") for concerts and events (hereinafter the "events") followed by Fan Club General Agreement produced by avex group. When applying for the tickets including invited/Free of charge tickets, all applicants (hereinafter the "applicants") shall be deemed to have agreed to the terms and conditions of the Agreement. References to “we”, “us” and “our” refer to avex group.
The applicants apply the tickets for accompany persons, the applicants shall inform all the ticket sales agreement to the accompany persons in advance.
From time to time, Avex may entrust its business ticket sales operations including invited/free of charge tickets to third parties. The applicants shall be agreed and contracted the sales agreement provided by PlayGuide (hereinafter the "PlayGuide Agreement").

Article 2 (Ticket Purchase and Lottery Reservation)

The applicants shall purchase the tickets by following ticket regulations indicated by us or PlayGuide.
The number of purchasable tickets may be changed or limited to the certain events.
In case of exceeding the number of applicants, the limited number of tickets for each performance will be sold through the lottery by us or PlayGuide. All the orders are not be processed on “first-come, first- served” basis unless otherwise specified.
The tickets cannot be cancelled, changed or refunded after purchase as a general rule, unless otherwise specified.

Article 3 (Invalid Reservation)

Avex may suspend or cancel the ticket orders/applications of the applicants on our site or PlayGuide without notice, with respect to whom any of the following events occurred.

The applicants sold or transferred the tickets, which have been purchased or received by such applicants, to a third party for profit.
The applicants sold or transferred the tickets, which have been purchased or received by such the applicants, to a third party for profit including multiple ticket orders under the same address, multiple purchased ticket deliveries under the same address indicated by multiple persons, multiple ticket orders in the name of multiple persons by the same handwriting.
Registered address of the applicants under the name of juridical persons.
The applicants are not real existed and suspected existence.
The applicants are currently banned due to violations of the Fan Club usage agreement at the time of applying for the tickets.
It appeared that the applicants made a false declaration, incorrect information or an omission at the time of application.
The applicants are not followed the procedures indicated by us or PlayGuide by due date.
The applicants took any action prohibited under PlayGuide Agreement.

Article 4 (Payment Methods)

The payment shall be made by the payment method indicated by us or PlayGuide by due date unless the tickets are invited/Free of charge.
The system fees and service fees (hereinafter the "handling fees") indicated by us or PlayGuide may be needed on payments when the tickets referred to Article 4.1 are electronic tickets.
Your reservation will be cancelled by us or PlayGuide if the payment is not made by the due date.
The applicants who settled the payments shall keep the record of payment until the tickets have been delivered.
Once the ticket fee has been paid, it cannot be refunded except for reasons attributable to the company.
The applicants and accompanying persons shall pay for full amount of travel expenses, transportation fees and accommodation fees.

Article 5 (Ticket Delivery)

The tickets will be shipped to the indicated address by the applicants when they are sent to via a mail. We or PlayGuide may contact the applicants to confirm the address via email before the delivery.
Due to the previous statement, we will not accept any liability or responsibility for the tickets sent to you which are Acts of God, means of transportation unavailable, mislaid or lost in the postal system.
According to the Article 5.1, the applicants shall confirm the date, time and number of tickets when the tickets are delivered and inform incorrect information to PlayGuide immediately.

Article 6 (Ticket delivery)

The applicants shall be followed PlayGuide ticket delivery instructions, deadline and payment settlement when the tickets are delivered or issued in certain ways except following ways; issuing at convenience stores, issuing by electronic tickets and delivering by hand.

Article 7 (Ticket Face Confirmation)

The applicants shall confirm ticket information printed on the surface of the tickets or showed on the electronic tickets including the agreement which is not on this Ticket Services Agreement.

Article 8 (Ticket Invalidation)

Avex shall refuse admission to a venue (hereinafter the "venue") or removed from the event and become the ticket holders invalid without notice, with respect to whom any of the following events occurred.

Application found any act under Article 3.
The tickets sold on internet auctions.
The tickets sold at ticket sales offices.
The tickets purchased purpose for transferring to a scalper.
The tickets provided purpose for sales promotion.
The applicants purchased the tickets above the regular rate.
The applicants sold or transferred the tickets, which have been purchased or received by such applicants, to a third party for profit.
The applicants refused to show certain forms of identification during the entry.
The applicants cannot be confirmed by identification information.
The applicants obstructed the operation of the Service by whatever means.
Ticket invalidation occurred under PlayGuide Agreement.

The applicants or accompany persons took any action prohibited under Article 8, the tickets applied by the applicants including accompanying persons become null and the applicants and accompany persons may be refused admission to or removed from the events.
In case of Article 8.2, the tickets already paid, transportation fees and accommodation fees are not refundable.

Article 9 (Prohibitions)

The applicants and accompanying persons shall not conduct any of the following acts when it uses the Service.

Free member You can enjoy a part of this service.
Paid members By paying the membership fee separately determined by the Company, you can enjoy all of this service except those specified in Article 10, Paragraph 3.

Article 5 Period of Validity of Membership

Membership remains valid until a member completes a withdrawal procedure, or is withdrawn from this Service, in accordance with this Agreement.

Article 6 Prohibited Matters

A member may not commit any of the following acts while using this Service.

The use of any data obtained through the Members Club for purposes including the reproduction, distribution, transfer, lending or public transmission of that data, outside of the bounds of personal use permitted under the Copyright Law.
Infringement upon the property, privacy or image rights of an artist or other third party, or any action that may lead to such circumstances.
Defamation of an artist or other third party in order to damage their reputation or credibility, or any action that brings about the possibility of such harm.
The transfer, lending or renaming of rights owned in accordance with membership status, including priority booking rights for tickets, tickets, and merchandise acquired through membership benefits, on behalf of a third party through methods including resale to that third party by means of an online auction, or the establishment of the right to pledge or provision of any other guarantee in relation to those rights.
Any forceful demand addressed to an artist requesting a meeting or communication, or any request addressed to the Company or another Avex Group company concerning a meeting or communication with an artist.
The use of the Members Club for the purpose of producing a monetary profit for the member or a third party, or any action conducted in preparation of such an attempt.
The use of the Members Club for pre-election campaigning, election campaigning or any similar activity, or any act that infringes upon the Public Offices Election Law.
The use of the Members Club in order to carry out religious activities, including the propagation of a religion, or any act related to a religious association, including the establishment and activities of a religious organization and the entry into a religious organization.
Any action other than those listed above that either violates the law or public order and morals, or that interferes with the operation of the Members Club.

Article 7 + ID Account

Article 8 Cancellation by Member

To withdraw from the Members Club, please submit a withdrawal application using the method prescribed separately by the Company. When the Members Club approves that application, the withdrawal procedure will be completed.
In some cases, changing to a new smartphone model will not bring about the automatic cancellation of your contract with the Members Club. In that event, you must submit a withdrawal application separately using the method prescribed in the previous clause.
Due to system-based reasons, the distribution of email messages may continue for a certain period of time following the completion of the withdrawal procedure. Please be aware of that possibility beforehand.

Article 9 Forced Withdrawal

If a member falls under any of the items listed below, the Company may suspend or withdraw the services provided to that member without advance notice.

A member commits a prohibited action described in Article 6 of this Agreement.
A member violates this Agreement.
The Company determines that it is appropriate to force the withdrawal of a member due to an action not included in the two above items.

Chapter 3 The Members Club’s Service

Article 10 Membership Fees, etc.

Paid members shall pay the consideration to be displayed on the app store, website, etc., which is separately determined by the Company.
The use of this Service will incur communications charges.
There will be a separate charge for products and services sold as membership benefits. In addition, we may distribute paid content in this service, and a separate fee will be charged to use it.
Once paid, the charge stipulated in clause 1 and the previous clause will not be refunded except in cases where there are reasons attributable to the Company.
When carrying out a refund according to the previous clause, the member must register bank account information and other details using the format stipulated by the Company and the form stipulated by the settlement company.
In the event that registration for the bank account used for the refund, as described in the previous clause, is not conducted by the date designated by the Company, or the refund could not be carried out due to reasons including mistakes or deficiencies within the details registered, a separate charge will arise for the reprocessing of the refund, with the resulting fee becoming the responsibility of the member. If a member’s refund is held in reserve due to reasons such as deficiencies within the information registered, within a 24-month period starting from the date it was held in reserve, the member may receive that refund by reregistering or correcting that information so that it allows the refund to be carried out. If that information is not reregistered or corrected within that period, the member will be deemed to have waived the refund.
The Company may commission a refund agency to carry out operations pertaining to the refunds discussed in this article.
The payment method, settlement period and other matters pertaining to the charge prescribed in clause 1 and Clause 3 will be stipulated separately by the Company.

Article 11 Membership Benefits

The membership benefits provided by the Members Club are as follows.

Member ID display.
Provision of artist information limited to members.
Provision of digital content limited to members.
Advance ticket reservation (limited to occasions when ticket sales are carried out; ticket lotteries may be held in some cases).
Other benefits prescribed by the Members Club.

Article 12 Communication Functions

Through this Service, the Company provides bulletin board services, posting functions, community functions and other similar functions (hereafter, “communication functions”).
Communication functions are provided on an “as is” basis in order to facilitate communication between artists and fellow members. There is no guarantee of communication with any specific person. Information submitted or transmitted by members may be recorded in a history (log) on servers managed by the Company or other locations.
Copyrights for information submitted or transmitted by a member via this Service using communication functions will be reserved by that member. The Company, however, may freely use the information submitted or transmitted, without restrictions placed on region, duration, form or other considerations, for purposes including the posting of information using this Service, the promotion of this Service, archiving or commercial use by the Company. The Company may also edit or modify the information submitted to the extent necessary for the smooth operation of this Service and the execution of the aforementioned purposes of use (including circumstances such as restrictions on the number of characters of a media posting made for promotional purposes). If a member uses communication functions to submit or transmit information concerning matters such as plans or ideas for specific products or marketing, the Company or another Avex Group company may use that information free of charge without any obligation to evaluate, review or adopt that information, or to maintain confidentiality.
The member shall understand and agree that the information submitted or transmitted using this Service may be used by the Company in accordance with the previous clause. The member shall not exercise an author’s moral rights in relation to such use.
The member shall declare and guarantee to the Company that the information submitted or transmitted using this Service does not violate Article 6. Prohibited Matters.
Notwithstanding the previous clause, if the Company determines that information submitted or transmitted by the member falls under Article 6. Prohibited Matters, the Company may delete that information without advance notice to the member. Deletion by the Company in such a case does not reduce or exempt the responsibility borne by the member for submitting or transmitting that information.
Prior to submitting or transmitting information using this Service, the member shall agree that the submission or transmission of that information is carried out at their own personal risk. The Company will have no involvement and does not bear any obligation to monitor the submitted or transmitted contents. (To ensure that members can use this Service comfortably, the Company may monitor submitted or transmitted contents on its own accord, or by commissioning such work to a third party, by means of an automated monitoring system or visual inspections conducted by a moderator.) When submitting or transmitting information, the member shall understand beforehand that, in the unlikely event that a claim or demand is made by another member or third party due to or in relation to a submission or transmission (hereafter, “demands”), they must resolve that matter at their own risk and expense. The Company will not bear any responsibility for any demands arising due to or in relation to a submission or transmission made by the member. The member shall agree to fully compensate the Company for any and all damages and losses incurred.
Please use the communication functions with the understanding that the information made public by a member (including nicknames, profile images or other information submitted or transmitted by a member) may be disclosed to an unspecified number of third parties. The Company will bear no responsibility for the consequences resulting from members disclosing their own personal information or other information to other members using the communication functions.

Article 13 PASCH point

PASCH point service is a certain act performed by each SNS account of the account holder separately determined by the Company by registering the account of each SNS separately determined by the Company in the + ID account and the act separately determined by the Company in this service. It is a service that gives points (hereinafter referred to as "PASCH points") to (hereinafter referred to as "target actions"). PASCH points will not be awarded if the account of each SNS separately specified by the Company is not registered in the + ID account or if this service is not used using the + ID account.
The account holder must check the terms of use and guidelines of each SNS separately set by the Company in advance, and then comply with them.
There is a limit to the number of PASCH points that can be earned per day for certain actions taken by each SNS account of the account holder separately determined by the Company, as determined by the Company.

Article 14 Reflection of PASCH points

Article 15 PASCH point expiration date

PASCH points do not expire.

Article 16 No transfer of PASCH points

PASCH points cannot be transferred to a third party.

Article 17 Use and redemption of PASCH points

PASCH points can be used for events held by this service (hereinafter referred to as "target events") or exchanged for content provided by this service (hereinafter referred to as "target contents").
The target event may have a period, and the account holder can use PASCH points during the target event period, but PASCH points cannot be used outside the target event period. you can't.
The target content may have a redemption period, and the account holder can redeem PASCH points for the target content during the redemption period for the target event, but PASCH points and target outside the redemption period for the target content. Content cannot be redeemed.
If PASCH points are used or redeemed under paragraph 2, we will deduct the used or redeemed PASCH points from the total PASCH points held by the account holder.

Article 18 Cancellation of PASCH points

The Company can cancel the PASCH points obtained by the target act if the account holder performs the following target acts.

Acts of acquiring PASCH points by fraudulent means such as using a serial code owned by a third party or using an account of each SNS owned by a third party.
The act of acquiring PASCH points using a program (bot) that automates the target act, regardless of the act of the account holder himself.
In each SNS, the act of acquiring PASCH points with extremely short posts such as one character
In each SNS, the act of using obscene words or earning PASCH points for posts that defames others
In addition to the above items, PASCH points will be acquired for acts that violate laws and regulations, public order and morals, interfere with the operation of this service, or that the operator of this service judges to be unfavorable for the operation of this service. Action
Other acts to obtain PASCH points by performing the acts stipulated in Article 6 (Prohibited matters)

Article 19 Handling of PASCH points at the time of withdrawal

For whatever reason, if the account holder's + ID account is deleted, the PASCH points held by the account holder at that time will expire.

Chapter 4 Other

Article 20 Ticket Terms and Conditions

The handling of tickets sold or distributed to members by the Company shall be in accordance with the Ticket Terms and Conditions prescribed separately by the Company.

Article 21 Guarantee of Operation

The dedicated application used for this Service may not function properly on an environment other than the recommended environments prescribed separately by the Company.

Article 22 Service Content Changes, etc.

Without advance notice, the Company may revise, supplement or change this Service and the dedicated application, or carry out a version upgrade. In the event that a serious disadvantage will be incurred by members, the Company will provide notification beforehand within a reasonable period of time.
In the case referred to in the opening sentence of the previous clause, the Company shall notify members after the fact using the methods prescribed in Article 2. Notification.

Article 23 Temporary Suspension or Discontinuation of Service

Article 24 Dissolution of the Members Club

Article 25 Handling of Personal Information

To confirm registration with this Service and the application for its use.
To provide members with the membership benefits stipulated in this Agreement.
To provide members with the notifications stipulated in this Agreement.
For other uses related to the provision of this Service.
For purposes of use prescribed in the Avex Group Personal Information Protection Policy (https://dev-xg.pasch.fan/privacy), other than those uses listed above.

Article 26 Compensation for Damages

If a member causes damages to the Company, an Avex Group company or other third party due to a reason attributable to that member in connection with the use of the Members Club, that member will bear responsibility for compensation for those damages.
If, in connection with the use of the Members Club, a member receives a claim or demand from another member or a third party, or a dispute arises, that member will resolve that matter at their own risk and expense.

Article 27 Exemption from Responsibility

Article 28 Guarantee

Article 29 Changes to this Agreement

The Company may make a change to this Agreement if it conforms with the general interests of the member or if it does not conflict with the purpose of this Agreement. In such an event, the member will be subject to the modified version of this Agreement.
The types of changes that can be made include, but are not limited to, the following examples.
- Introduction of a new service.
- Discontinuation of a service.
When the Company makes a change, as described in the previous clause, we will prescribe the effective date of the change and inform members of the change made to this Agreement, the contents of this Agreement following that change and the effective date, by means of the methods prescribed in Article 2. Notification and other methods prescribed separately by the Company.

Article 30 Matters for Discussion

Article 31 Governing Law and Jurisdiction

The use of this Service and the application and interpretation of this Agreement shall be governed by the laws of Japan.
If a member needs to dispute some matter with the Company concerning this Service or this Agreement, it is agreed that the Tokyo District Court or the Tokyo Summary Court will have exclusive jurisdiction as the court of first instance.
The Japanese version of this Agreement serves as the official text. If differences of interpretation arise between the Japanese version and any translated version, the Japanese version shall take precedence.

(End of document; 31 articles in total)

Supplementary Provisions

●Enacted on August 1, 2022

Ticket Services Agreement Article

Article 1 (Ticket Agreement)

This Agreement shall apply in all tickets (hereinafter the "tickets") for concerts and events (hereinafter the "events") followed by Fan Club General Agreement produced by avex group. When applying for the tickets including invited/Free of charge tickets, all applicants (hereinafter the "applicants") shall be deemed to have agreed to the terms and conditions of the Agreement. References to “we”, “us” and “our” refer to avex group.
The applicants apply the tickets for accompany persons, the applicants shall inform all the ticket sales agreement to the accompany persons in advance.
From time to time, Avex may entrust its business ticket sales operations including invited/free of charge tickets to third parties. The applicants shall be agreed and contracted the sales agreement provided by PlayGuide (hereinafter the "PlayGuide Agreement").

Article 2 (Ticket Purchase and Lottery Reservation)

The applicants shall purchase the tickets by following ticket regulations indicated by us or PlayGuide.
The number of purchasable tickets may be changed or limited to the certain events.
In case of exceeding the number of applicants, the limited number of tickets for each performance will be sold through the lottery by us or PlayGuide. All the orders are not be processed on “first-come, first- served” basis unless otherwise specified.
The tickets cannot be cancelled, changed or refunded after purchase as a general rule, unless otherwise specified.

Article 3 (Invalid Reservation)

Avex may suspend or cancel the ticket orders/applications of the applicants on our site or PlayGuide without notice, with respect to whom any of the following events occurred.

The applicants sold or transferred the tickets, which have been purchased or received by such applicants, to a third party for profit.
The applicants sold or transferred the tickets, which have been purchased or received by such the applicants, to a third party for profit including multiple ticket orders under the same address, multiple purchased ticket deliveries under the same address indicated by multiple persons, multiple ticket orders in the name of multiple persons by the same handwriting.
Registered address of the applicants under the name of juridical persons.
The applicants are not real existed and suspected existence.
The applicants are currently banned due to violations of the Fan Club usage agreement at the time of applying for the tickets.
It appeared that the applicants made a false declaration, incorrect information or an omission at the time of application.
The applicants are not followed the procedures indicated by us or PlayGuide by due date.
The applicants took any action prohibited under PlayGuide Agreement.

Article 4 (Payment Methods)

The payment shall be made by the payment method indicated by us or PlayGuide by due date unless the tickets are invited/Free of charge.
The system fees and service fees (hereinafter the "handling fees") indicated by us or PlayGuide may be needed on payments when the tickets referred to Article 4.1 are electronic tickets.
Your reservation will be cancelled by us or PlayGuide if the payment is not made by the due date.
The applicants who settled the payments shall keep the record of payment until the tickets have been delivered.
Once the ticket fee has been paid, it cannot be refunded except for reasons attributable to the company.
The applicants and accompanying persons shall pay for full amount of travel expenses, transportation fees and accommodation fees.

Article 5 (Ticket Delivery)

The tickets will be shipped to the indicated address by the applicants when they are sent to via a mail. We or PlayGuide may contact the applicants to confirm the address via email before the delivery.
Due to the previous statement, we will not accept any liability or responsibility for the tickets sent to you which are Acts of God, means of transportation unavailable, mislaid or lost in the postal system.
According to the Article 5.1, the applicants shall confirm the date, time and number of tickets when the tickets are delivered and inform incorrect information to PlayGuide immediately.

Article 6 (Ticket delivery)

Article 7 (Ticket Face Confirmation)

The applicants shall confirm ticket information printed on the surface of the tickets or showed on the electronic tickets including the agreement which is not on this Ticket Services Agreement.

Article 8 (Ticket Invalidation)

Avex shall refuse admission to a venue (hereinafter the "venue") or removed from the event and become the ticket holders invalid without notice, with respect to whom any of the following events occurred.

Application found any act under Article 3.
The tickets sold on internet auctions.
The tickets sold at ticket sales offices.
The tickets purchased purpose for transferring to a scalper.
The tickets provided purpose for sales promotion.
The applicants purchased the tickets above the regular rate.
The applicants sold or transferred the tickets, which have been purchased or received by such applicants, to a third party for profit.
The applicants refused to show certain forms of identification during the entry.
The applicants cannot be confirmed by identification information.
The applicants obstructed the operation of the Service by whatever means.
Ticket invalidation occurred under PlayGuide Agreement.

The applicants or accompany persons took any action prohibited under Article 8, the tickets applied by the applicants including accompanying persons become null and the applicants and accompany persons may be refused admission to or removed from the events.
In case of Article 8.2, the tickets already paid, transportation fees and accommodation fees are not refundable.

Article 9 (Prohibitions)

The applicants and accompanying persons shall not conduct any of the following acts when it uses the Service.

Any act of having devices in to the venue for recording purpose.
Any act of using cameras, audio recording devices and video recording devices at the venue.
Any act against the instructions given by attendants.
Any act of purchase photos and video footages sold illegally inside/outside the venue.
Any stalking act, troublesome behavior which insures reputation of any performers.
Any act causes trouble to third party.
Any prohibitive act by the eventers or may violate the laws and regulations

The applicants or accompany persons took any action prohibited under Article 9, all the tickets applied by the applicants including accompanying persons become null and the applicants and accompany persons may be refused admission to the venue or removed from the events. In case of above, tickets already booked cannot be cancelled and fees are not refundable.

Article 10 (Suspension or Cancellation of Membership)

The applicants or accompany persons took any action prohibited under Article 8, Article 9 and the Ticket Services Agreement, we may suspend or cancel the membership of the applicants without notice and may suspend further ticket sales.
The applicants sold or transferred the tickets to third party and tickets become null under Article 8, we deem as the applicant violates the Ticket Services Agreement and we may suspend or cancel the membership of the applicants without notice and may suspend further ticket sales.

Article 11 (Privacy Policy)

Private information acquired by avex, including all the information given by PlayGuide, shall be used for the following purposes.

Confirm for application, lottery reservation and ticket delivery.
Confirm ticket availability. (There may be cases that avex or Playguide may contact all the applicants holding the seat numbers of tickets in online auctions)
Use of other entities to tickets and necessary procedure handled by avex.

Certain personal identifiable information (hereinafter the " Personal Information") shall be subject to separate avex group privacy policy.

Article 12 (Liability for Damages)

The applicants or accompany persons shall be responsible for such damages, and shall resolve such disputes relating to the damages with such third party at its expenses.
The applicants or accompany persons shall indemnify and hold avex harmless from and against any and all claims and disputes, suits, losses, liabilities, damages, and expenses to be brought against avex by any third party at its expenses.

Article 13 (Disclaimer of liability)

The Company shall not be liable whatsoever for compensating the damages suffered by the members in relation to the use of us, except where there are causes attributable to us; provided, however, that, even in the event that there are causes attributable to us and the Company shall be liable, our liability for the damages shall be limited to the total amount of the ticket prices fee paid by the relevant member in the contract year during which the issue has arisen, except where there is a willful intent or a gross negligence of the Company.

Article 14 (Warranty)

Avex hereby disclaims any warranties, express or implied, including warranties of customer satisfaction and fitness for a particular purpose.

Article 15 (Change of Terms and Conditions)

The Company may change these Terms and Conditions if such changes serve the general interests of the members or do not contravene the purpose thereof. In this event, the amended Terms and Conditions shall apply to the members.
The examples of changes may include, but not limited to, the following:
- Change of the company defined as "the Company" under these Terms and Conditions
In the event that the Company makes the changes in the preceding paragraph, the Company shall determine the timing when the changes become effective, and shall familiarize the members with the fact that these Terms and Conditions shall be changed, the details thereof after the changes, and the timing when the changes become effective by indicating on our homepage or other means separately determined by the Company.

Article 16 (Settlement of Ambiguities)

Any matters not stipulated in this Agreement or any ambiguities arising with respect to the interpretation of this Agreement shall be resolved by consultation between the parties in good faith.

Article 17 (Governing Law and Jurisdiction)

The application and interpretation of the Agreement shall be governed by the law of Japan.
If an applicant needs to file a lawsuit against the Company regarding the services of the Club or this Agreement, the Tokyo District Court or Tokyo Summary Court shall be the exclusive agreement jurisdictional court in the first instance.

(17 articles in total)

Additional clause (established・revised)

●The Agreement will be implemented on August 1, 2022.