Kelly SIMONZ Official Fan Club

TERMS AND CONDITIONS

Article 1 (Agreement to our legal terms)

Welcome to the Official Kelly SIMONZ Fan Application! By signing up for an account or using any of the services, You agree to be bound by the following terms and conditions (hereinafter referred to as the "Terms of Service").

As used in these Terms of Service:

"The Company" means PVP Co., Ltd. (+ SHIFT Shiba Daimon, 2-1-16 Shiba Daimon, Minato-ku, Tokyo, Japan - Representative Director Keiichi Ishida).
"This Application" means the mobile application Kelly SIMONZ Official Fan Club.
“This Service” means all the services related to This Application.
"The Artist" means the content’s provider of This Application, Faith Music, copyrighted content, products or services sold (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, or other data made available by them through this Application and This Service.
"Legal Terms" means the current terms and conditions and the privacy policies available here.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (hereinafter referred to as "You"), and The Company, concerning your access to and use of This Service. By accessing This Application, You agree that You have read, understood, and agreed to be bound by all of these Legal Terms.

IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THIS APPLICATION AND THIS SERVICE AND MUST DISCONTINUE USE IMMEDIATELY.

This Application and This Service are intended for users who are at least 16 years old. Persons under the age of 16 are not permitted to use or register for This Application or This Service.

We recommend that You print a copy of these Legal Terms for your records.

Article 2 (Our services)

The information provided when using This Application and This Service is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject The Company to any registration requirement within such jurisdiction or country. Accordingly, individuals who choose to access This Application and This Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent that local laws are applicable.

The Company will not be held responsible for any legal consequences resulting from the use of This Application and This Service in prohibited jurisdictions.

Article 3 (Intellectual property rights)

Article 3-1 (Our intellectual property)

The Company is the owner or licensee of all intellectual property rights in This Application and This Service, including all source code, databases, functionality, software, documentation, application and email designs, and content (hereinafter referred to as “The Application’s Content”), except for the content directly provided and/or owned by The Artist as described below.

The Artist is the owner or licensee of all audio, video, text, photographs, and graphics in This Service (hereinafter referred to as the “Artist’s Content”), as well as This Service marks, and logos contained therein (hereinafter referred to as “The Artist’s Marks”) made available through This Application or This Service.

The Application’s Content and The Artist’s Content will be collectively referred to as “The Content.”

The Application’s Content, the Artist’s Content, and the Artist’s Marks are protected by copyright and trademark laws, as well as various other intellectual property rights and unfair competition laws and treaties in Japan and around the world.

The Application’s Content, the Artist’s Content, and the Artist’s Marks are provided in or through This Application and This Service “AS IS” for your personal, non-commercial use only.

Article 3-2 (Your use of our services)

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below,

we grant You a revocable, non-exclusive, non-transferable, limited right to

Install and use This Application and This Service only on wireless electronic devices owned or controlled by you, and access and use This Application and This Service on such devices strictly in accordance with the terms and conditions; and

Download any portion of the Content available for download, to which You have properly gained access, solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in this Legal Terms, no part of This Application, This Service or Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission. You can ask for this permission by reaching out to the contact details provided in Article 25 .

Except as set out in this section or elsewhere in these Legal Terms, no part of the Artist’s Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without the Artist’s prior written permission.

Any breach of these intellectual property rights will constitute a material breach of these Legal Terms and your right to use This Application and This Service will terminate immediately.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.

Article 4 (Feedback and Reviews)

While This Application and This Service does not offer users the possibility to directly submit or post feedback, we always welcome customer feedback. However, under no circumstances will any disclosure of any idea, suggestion, related material, or any review of This Application or This Service, third party services, or any third party provider (hereinafter referred to as “Feedback”) be subject to any obligation of confidentiality or expectation of compensation.

Please review this section and the current terms and conditions sections carefully prior to using This Application and This Service to understand the (a) rights You give us and (b) obligations You have when You provide Feedback to This Application or This Service.

By submitting Feedback (whether submitted directly to us or posted on any hosted forum or page), You waive any and all rights in the Feedback and agree to assign to us all intellectual property rights. You also agree that we are free to implement and use the Feedback, as provided by You or as modified by us, for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Any reviews of This Application or This Service that You submit must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. We reserve the right (but not the obligation) to remove or edit Feedback of third party services or third party providers, but do not regularly inspect posted Feedback.

You are responsible for what You send: By sending us Feedback through any part of This Application or This Service you:

Confirm that You have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through this Application and This Service any Feedback that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
To the extent permissible by applicable law, waive any and all moral rights to any such Feedback ;
Warrant that any such Feedback is original to You or that You have the necessary rights and licenses to submit such Feedback and that You have full authority to grant us the above-mentioned rights in relation to your Feedback ; and
Warrant and represent that your Feedback does not constitute confidential information.

You are solely responsible for your Feedback and You expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

Article 5 (User Representations)

By using This Application and This Service, You represent and warrant that:

All registration information You submit will be true, accurate, current, and complete;
You have the legal capacity, for example that You are above the legal age in your country to give consent, and agree to comply with these Legal Terms;
You will not access This Application or This Service through automated or non-human means, whether through a bot, script, or otherwise;
You will not use This Application or This Service for any illegal or unauthorized purpose; and
Your use of This Application or This service will not violate any applicable law or regulation.

By registering an account with Us, You also agree to promptly report any issues or violations of these Legal Terms that You observe to us.

If You provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of This Application or This Service (or any portion thereof). By doing so, You will also forfeit your rights to receive any refunds, or compensation, for the use of This Application or This Service.

Article 6 (User registration)

You will be required to register to use This Application or This Service. By registering, You agree:

to maintain the confidentiality of your account credentials
to be responsible for all activities that occur under your account.
To ensure that your password is strong and not shared with others. Notify us immediately of any unauthorized use of your account or any other breach of security.

We cannot and will not be liable for any loss or damage arising from your failure to maintain the security of your account and password. we may request additional security measures (e.g two-factor authentication) at any time and reserve the right to adjust these requirements at our discretion.

Article 7 (Prohibited activities)

You may not access or use This Application and This Service for any purpose other than that for which we make This Application and This Service available. This Application and This Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us and The Artist.

Article 7-1 (prohibited activities)

As a user of This Application and This Service, You agree not to engage in the following prohibited activities:

1. Security Violations:

Bypass Security: Circumvent, disable, or interfere with security features of This Application or This Service, including those that restrict the use or copying of Content.
Unauthorized Access: Attempt to bypass any measures designed to prevent or restrict access to This Application or This Service.

2. Misuse of Content

Data Collection: Systematically retrieve data or Content to create a database or directory without written permission from us.
Intellectual Property: Copy, adapt, or reverse engineer any software or code associated with the This Application or This Service.

3. Misleading Behavior

Fraud and Deception: Trick, defraud, or mislead us or other users, particularly in attempts to learn sensitive account information.
Impersonation: Attempt to impersonate another user or person or use their username.

4. Harassment and Abuse

Harassment: Use information obtained from this Application or This Service to harass, abuse, or harm another person.
Threats: Harass, annoy, intimidate, or threaten any of our employees or agents.

5. Unlawful Activities

Compliance: Use This Application or This Service in a manner inconsistent with applicable laws or regulations.
Malicious Software: Upload or transmit viruses, Trojan horses, or any other malicious material that disrupts this Application or This Service.

6. Unauthorized Automation

Automated Access: Engage in automated use of this Application or This Service, such as using scripts or data mining tools.

7. Unpermitted Communication

Spam: Use This Application or This Service to send unsolicited emails or create user accounts under false pretenses.
False Reports: Make improper use of our support services or submit false reports of abuse or misconduct.

Article 7-2 Consequences of Violations

Violating any of these prohibited activities may result in immediate suspension or termination of your account, at our discretion.

Article 8 (Third-Party Links)

This Application and This Service may contain links to third-party websites or services that are not owned or controlled by us. we have no control over, and assume no responsibility for, their contents, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods, or services available on or through any such websites or services.

We encourage You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Article 9 (3rd parties usage)

By using This Application and This Service You agree to be also bound by the terms and conditions of the following 3rd-parties.

Google Maps API:

Our application uses Google Maps services to provide information about the location of an event provided by the Artist.

By using the service You agree to be bound by the Google Maps/Google Earth Additional Terms of Service available at https://www.google.com/help/terms_maps/ .

YouTube API:

Our application integrates with YouTube API Services, to display Youtube video within This Service. By using This Application and This Service, You agree to be bound by YouTube's Terms of Service available at https://www.youtube.com/t/terms

Facebook:

Our application uses Facebook services to show posts published on the Artist’s page.

By using the service You agree to be bound by Facebook terms and conditions available at https://www.facebook.com/terms.php?_rdr.

Article 10 (Mobile application license)

Article 10-1 (Use License)

Subject to your compliance with these Legal Terms, we grant You a limited, non-exclusive, non-transferable, revocable license to use This Application and This Service for personal, non-commercial use. Except as permitted by applicable law and/or with our prior written permission, You shall not:

Reverse Engineering: Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App.
Modification: Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App.
Legal Compliance: Violate any applicable laws, rules, or regulations in connection with your access or use of the App.
Proprietary Notices: Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App.
Commercial Use: Use This Application and This Service for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.
Network Access: Make This Application and This Service available over a network or other environments permitting access or use by multiple devices or users at the same time.
Competitive Use: Use This Application or This Service to create a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App.
Automated Queries: Use This Application or This Service to send automated queries to any website or to send any unsolicited commercial email.
Intellectual Property: Use any proprietary information or any of our interfaces or other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Application.

Article 10-2 (Apple and Android Devices)

The following terms apply when You use This Application and This Service obtained from either the Apple App Store or Google Play Store (each an “App Distributor”) to access This Application and This Service:

Maintenance and Support: we are responsible for providing any maintenance and support services for This Application or This Service as specified in these Legal Terms or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services for the App.
Warranty and Refunds: In the event of any failure of This Application or This Service to conform to any applicable warranty, You may notify the applicable App Distributor. The App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App. To the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever concerning the App.
Geographic Restrictions: You represent and warrant that (i) You are not located in a country that is subject to a Japan or US government embargo or that has been designated by the Japan or US government as a “terrorist-supporting” country, and (ii) You are not listed on any Japanese or US government lists of prohibited or restricted parties.
Compliance with Third-Party Terms: You must comply with applicable third-party terms of agreement when using the App.
Third-Party Beneficiaries: You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in This Application and This Service licenses contained in these Legal Terms. Each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in This Application and This Service licenses against You as a third-party beneficiary thereof.

Article 11 (Services management)

We reserve the right, but not the obligation, to:

Monitor This Service for violations of these Legal Terms.
Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms. This may include reporting such users to law enforcement authorities.
In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
In our sole discretion and without limitation, notice, or liability, remove from This Application or This Service, or otherwise disable, all files and Content that are excessive in size or burdensome to our systems.
Otherwise manage This Application and This Service in a manner designed to protect our rights and property and facilitate the proper functioning of This Application and This Service.

Article 12 (Privacy policy)

We care about data privacy and security. Please review our Privacy Policy, which is incorporated into these Legal Terms. By using This Application and This Service, You agree to be bound by our Privacy Policy.

Article 13 (Term and Termination)

These Legal Terms shall remain in full force and effect while You use This Application and This Service.

Without limiting any other provision of these Legal Terms, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of This Application or This Service (including blocking certain IP addresses) to any person for any reason or for no reason. This includes, without limitation, for breach of any representation, warranty, or covenant contained in these Legal Terms or any applicable law or regulation.

We may terminate your use or participation in This Application or This Service, or delete your account and any Content or information that You posted, at any time, without warning and at our sole discretion.

If we terminate or suspend your account for any reason, You are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if You may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.

Any appeal or rectification requests need to be addressed to the point of contact mentioned in article 25 .

Article 14 (Modifications and interruptions)

We reserve the right to change, modify, or remove the Content of This Application or This Service at any time or for any reason at our sole discretion, without notice. However, we have no obligation to update any information on This Application or This Service, except as required by applicable law or in accordance with the Terms and Conditions of our third-party providers.

We will not be liable to You or any third party for any modification, price change, suspension, or discontinuance of This Application or This Service.

We cannot guarantee that This Application or This Service will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance related to This Application or This Service, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify This Application or This Service at any time or for any reason without notice to you.

Article 14-1 Service Interruptions and Limitations

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use This Application or This Service during any downtime or discontinuance of This Application or This Service. Nothing in these Legal Terms will be construed to obligate us to maintain and support This Application or This Service or to supply any corrections, updates, or releases in connection therewith.

Article 14-2 (Force Majeure)

We shall not be liable for any failure to perform our obligations under these Legal Terms where such failure results from any cause beyond our reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation. This includes, but is not limited to, natural disasters, war, terrorism, strikes, embargoes, acts of civil or military authorities, fire, floods, accidents, or other events of a similar nature.

Article 15 (Governing law)

These Legal Terms shall be governed by and defined following the laws of Japan. The Company and yourself irrevocably consent that the courts of Japan shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

Article 16 (Dispute resolution)

TBD

Article 17 (Corrections)

There may be information on This Application or This Service that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on This Application or This Service at any time, without prior notice.

Article 18 (Disclaimer)

THIS APPLICATION AND THIS SERVICE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THIS APPLICATION OR THIS SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS APPLICATION OR THIS SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS APPLICATIONS OR THIS SERVICE’S CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THIS APPLICATION OR THIS SERVICE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

Errors, mistakes, or inaccuracies of Content and materials;
Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of This Application or This Service;
Unauthorized access to or use of our secure servers and/or any personal or financial information stored therein;
Interruption or cessation of transmission to or from This Application or This Service;
Bugs, viruses, Trojan horses, or the like which may be transmitted to or through This Application or This Service by any third party; and/or
Errors or omissions in any Content and materials or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, or otherwise made available via the This Application or This Service.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS APPLICATION OR THIS SERVICE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD EXERCISE YOUR BEST JUDGMENT AND CAUTION WHERE APPROPRIATE.

Article 19 (Limitation of liability)

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THIS APPLICATION OR THIS SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO 2000 JPY. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Article 20 (Indemnification)

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

1. Use of This Application or This Service;

2. Breach of these Legal Terms;

3. Any breach of your representations and warranties set forth in these Legal Terms; or

4. Your violation of the rights of a third party, including but not limited to intellectual property rights

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, and You agree to cooperate, at your expense, with our defense of such claims. we will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Article 21 (User data)

We will maintain certain data that You transmit to This Application or This Service for the purpose of managing the performance of This Application or This Service, as well as data relating to your use of This Application or This Service. Although we perform regular routine backups of data, You are solely responsible for all data that You transmit or that relates to any activity You have undertaken using This Application or This Service. You agree that we shall have no liability to You for any loss or corruption of any such data, and You hereby waive any right of action against us arising from any such loss or corruption of such data.

Article 22 (Electronics communications, transactions, and signatures)

Visiting This Application or This Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and You agree that all agreements, notices, disclosures, and other communications we provide to You electronically, via email and on This Application and This Service, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THIS APPLICATION AND THIS SERVICE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Article 23 (Changes to Terms)

We reserve the right to modify these Legal Terms at any time. Any changes will be effective immediately upon posting the updated terms on This Application and This Service. we will notify You of any material changes via the email address associated with your account or through a prominent notice on This Application.

Your continued use of This Application and This Service after any changes to these Legal Terms constitutes your acceptance of the revised terms. If You do not agree to the new terms, You must stop using This Application and This Service.

Article 24 (Miscellaneous)

These Legal Terms, along with any policies or operating rules posted by us on This Application and This Service, constitute the entire agreement and understanding between You and us. our failure to exercise or enforce any right or provision of these Legal Terms shall not be considered a waiver of such right or provision. These Legal Terms are intended to operate to the fullest extent permissible by law.

We may assign any or all of our rights and obligations to others at any time. We are not responsible for any loss, damage, delay, or failure to act caused by circumstances beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable, and the validity and enforceability of any remaining provisions will not be affected.

No joint venture, partnership, employment, or agency relationship is created between You and us as a result of these Legal Terms or your use of This Application and This Service. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses You may have based on the electronic form of these Legal Terms and the absence of a signature by the parties to execute them.

Article 25 (Contact us)

In order to resolve a complaint regarding This Application and This Service or to receive further information regarding use of This Application and This Service, please contact us at: kelly-official-fan-support@pvp.co.jp or from the inquiry form https://pvp.co.jp/contact/

Kelly SIMONZ Official Fan Club

Application Terms and Conditions Addendum

This Terms and Conditions Addendum ( hereinafter referred to as "Addendum") is a supplement to the main Terms and Conditions of Kelly SIMONZ Official Fan Club application and applies specifically to the Administrators (hereinafter referred to as “Admin”) of the Kelly SIMONZ Official Fan Club application (hereinafter referred to as “ This Application”) and the services related to This Application (hereinafter referred to as “This Service”). By using This Application and This Service as an Admin, you agree to the terms outlined in this Addendum, as well as the main Terms and Conditions.

Article 1 (Admin responsibilities)

As an Admin of This Application, you are responsible for:

Access to the service: Accessing This Application using only the Google sign-in authentication method in order for the automated identifications methods available within This Service to work properly.
Content Management: Ensuring that all content (including text, images, and videos) uploaded to This Application and This Service, or accessible within it, is lawful, appropriate, non-deceptive, and does not infringe on any third-party rights.
Facebook Integration: Managing the connection between your Facebook account and This Service to allow the good functioning of the Facebook posts feed integration in This Application.
YouTube Upload: Managing the connection between your YouTube account and This Service to allow the good functioning of the upload of videos functionality directly from This Application and This Service to your YouTube channel.
Event Management: Creating and managing events within This Application and This Service and ensuring that any linked external websites are legitimate and comply with all applicable laws and regulations.
Email communication: Ensuring that each email sent with the service includes a clear non-deceptive subject line, which accurately describes the content and purpose of the email (e.g., if the email is an advertisement or a promotion, the subject line should clearly reflect this). You are also responsible for ensuring that emails are sent with a limited frequency.
Notifications: Ensuring that each notification sent with the service includes a clear, short, non-deceptive body, which accurately describes the purpose of the notification. In addition, you are responsible for ensuring that notifications are sent with a limited frequency.
Functionalities: Handling This application’ and This Service’ s functionalities in accordance with the User Manual and the Admin Manual. All manipulations of This Application or This Service that ends in an unexpected behavior and is deemed to not have followed the steps and warnings provided in these manuals cannot be subject to a bug report but can be subject to an additional feature request.

Article 2 (Admin responsibilities)

As an Admin, you agree not to:

Upload Inappropriate Content: Post or upload any content that is unlawful, defamatory, obscene, offensive, or otherwise inappropriate.
Misuse Facebook or YouTube Integrations: Use the Facebook or YouTube integrations in any manner that violates the terms of service of these platforms or that could harm the reputation or functionality of This Application or This Service.
Misuse Sendgrid or Firebase Cloud Messaging Integrations: Use the Sendgrid or Firebase Cloud Messaging Integrations in any manner that violates the terms of service of these platforms or that could harm the reputation or functionality of This Application or This Service.
Create Misleading Events: Create events that are misleading, fraudulent, or intended to deceive users.
Violate Third-Party Rights: Upload or share content that infringes on the intellectual property rights, privacy rights, or any other rights of third parties.

We reserve the right to hide and/or delete any content that would violate these terms and services, or following any notice or takedown processes received from our 3rd-party services.

Article 3 (Account management)

Account Security: You are responsible for maintaining the security of your account credentials, including those associated with Facebook and YouTube. You must notify us immediately if you suspect any unauthorized access or use of your accounts.
Deactivation of Admin Privileges: We reserve the right to deactivate your Admin privileges, or terminate your account, if you violate the terms of this Addendum or the main Terms and Conditions.
Mail Sending Restriction : In compliance with the Act on the Protection of Personal Information (APPI) in Japan, if no email is being sent to the end users from within This Application and This Service within 12 months from the date of the last email sent, all the end’s user agreements to email communication received before this last communication will be revoked.

Article 4 (Intellectual property)

All content uploaded by you as an Admin remains your property, but by uploading it to This Application and This Service, you grant us a non-exclusive, royalty-free license to use, display, and distribute the content within This Application and This Service as needed to provide the services described in this Addendum.

Article 5 (Changes to the information provided)

In case of major changes to any of the information uploaded or linked to This Service or This Application, you agree to contact us significantly ahead of the change coming into effect, in order to allow enough time to prepare the impact and limit the impacts on the end user of This Application. Major changes cover all changes which, if not taken into consideration, would negatively impact This Service, This Application, The Company, or the end users' experience with This Application or This Service.

To help clarifying further, major changes include but are not limited to:

Change to the copyright owner.
Change to the copyright notice.
Promotion or demotion of an Administrator account.
Deletion or change of name of the Facebook page.
Change or unavailability of the youtube channel connected to the application.

Article 6 (Liability)

Indemnification: You agree to indemnify and hold us harmless and our affiliates from any claims, damages, or liabilities arising from your actions as an Admin, including but not limited to any content you upload or events you create.
Limitation of Liability: In no event shall This Application and This Service, Nor The Company, be liable for any indirect, incidental, or consequential damages arising out of your use of This Application and This Service as an Admin, including but not limited to the loss of data, content, or revenue.

Article 7 (Promotion and Termination)

Promotion to the Administrator role: By precaution, the process to promote a user as an Administrator is not available within This Application. You can however request for any user to be promoted as an Administrator by contacting us at the contact information provided Article 10.

To be promoted as an Administrator the user will need to have accepted all of the following documents in addition to having an account created within This Application and This Service:

the main Privacy Policy
the addendum of this Privacy Policy.
the main Terms and Conditions and;
this Addendum

Involuntary Termination: We reserve the right to terminate your Admin role at our discretion, particularly if you violate the terms of this Addendum or the main Terms and Conditions.

Article 8 (Governing Law)

This Addendum shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict of law principles.

Article 9 (Changes to This Addendum)

We may update this Addendum from time to time. Any changes will be communicated to you via email, or through other appropriate means. We encourage you to review the updated Addendum carefully.

Continued use of your Admin account after any changes constitutes your acceptance of the revised terms.

Article 10 (Contact Us)

If you have any questions, concerns, or requests regarding this Addendum or your personal data, please contact us at kelly-official-fan-support@pvp.co.jp or at

PVP Inc

1F Shiba Daimon 2-1-16, Minato-ku, Tokyo 105-0012 +SHIFT

Japan.