Terms of Use of netkeiba.com
December 15, 1999
Revised on May 9, 2002
Revised on April 21, 2011
Revised on November 19, 2019
Revised on September 13, 2021
Revised on April 1, 2022

*This document is an English translation of our Terms of Use to be used for reference purposes only. The Japanese version of the Terms of Use of netkeiba.com is the only official and complete document by NET DREAMERS Co., Ltd. This English translation has no legally binding power as the original Japanese Terms of Use of netkeiba.com and shall not influence or be used as reference for the interpretation of said Terms of Use of netkeiba.com. NET DREAMERS Co., Ltd. makes no warranties and bears no responsibility or liability whatsoever for the contents of these Terms of Use.

Chapter 1: General Provisions

Article 1 (Terms of Use)
These Terms of Use shall apply to any and all services (hereinafter,“Service(s)”) provided by NET DREAMERS Co., Ltd. (hereinafter, “the Company”) that are used by a user prescribed in Article 5 (hereinafter,“User(s)”).

Article 2 (Scope of These Terms of Use)
1. Any notice mentioned in Article 4 that is issued by the Company to a User shall constitute part of these Terms of Use.
2. Any terms of use for respective Services that are separately established by the Company in addition to the main clauses of these Terms of Use shall also constitute part of these Terms of Use, regardless of what such terms of use are called.
3. In the event of any conflict between the provisions of the main clauses of these Terms of Use and the provisions of other terms of use, the provisions of these Terms of Use shall take precedence unless otherwise prescribed by the Company.

Article 3 (Amendments to These Terms of Use)
1. The Company may amend these Terms of Use by posting the details and timing of amendment through the Services, sending them through individual email, or by notifying them by other appropriate methods.
In this case, the terms and conditions of use of the Services shall be subject to the amended Terms of Use.
2. Unless otherwise prescribed by the Company, such amended Terms of Use shall become effective at the time they are displayed online.

Article 4 (Notices by the Company)
1. The Company shall notify a User of necessary information as needed by displaying it online or by other methods deemed appropriate by the Company.
2. Any notices mentioned in the preceding paragraph shall become effective at the time the Company displays the contents of those notices online.

Chapter 2: User

Article 5 (User)
1. A “User” means an individual that uses the Services. In order to use all the features of the Services, a User must be registered as a member in the way prescribed by the Company.
2. Before using the Services, a User must agree to the contents of these Terms of Use.

Article 6 (Approval of Membership)
1. If a User applies for membership registration (hereinafter, such User shall be referred to as a “Membership Applicant”), the Company shall approve his/her membership by a method designated by the Company.
Once approved, a Membership Applicant shall become a member.
2. If a Membership Applicant is found to fall under any of the following, the Company may not approve his/her membership:
(1) The Membership Applicant does not exist as a real person;
(2) At the time of membership application, the use of the Services by the Membership Applicant has been suspended due to a breach of these Terms of Use or for other similar reasons, or the Membership Applicant was expelled as a member in the past due to a breach of these Terms of Use or for other similar reasons;
(3) Information given by the Membership Applicant at the time of membership application contains false information, errors, or omissions;
(4) At the time of membership application, the Membership Applicant has outstanding payments for chargeable Services, or the Membership Applicant failed to make a payment for chargeable Services in the past;
(5) The Membership Applicant is an adult ward and has not obtained the consent of his/her statutory agent that is required for membership registration; or
(6) The application causes a hindrance to the conduct of the Company’s business, or there are technical issues.
3. A Membership Applicant shall bear any debts (including fees) that the Membership Applicant incurs through the use of the Services before the Company decides not to approve the Membership Applicant’s application under the preceding paragraph, and the Membership Applicant shall pay such debts in accordance with the provisions of Chapter 4.

Article 7 (Prohibition of Assignment)
A User may not assign to any third party the rights held by the User as a User, sell or purchase such rights, change the name of the right holder of such rights, pledge such rights, offer such rights as other types of collateral, or perform any other similar acts.

Article 8 (Notification of Change)
1. If there is any change to the information of which a member has notified the Company (such as e mail address), the member shall promptly notify the Company of such change by a designated method.
2. The Company bears no responsibility or liability whatsoever for any disadvantages a member may suffer as a result of the member failing to notify the Company as directed under the preceding paragraph.

Article 9 (Withdrawal of Membership)
1. If a member wishes to withdraw from membership, the member shall notify the Company of such fact by a designated method. The Company does not refund or otherwise reimburse any debts (including fees) for which the Company has already received payment.
2. Membership shall belong exclusively to the relevant member. If the Company learns of a member’s death, it shall be deemed that the Company received a notification mentioned in the preceding paragraph at that point in time.
3. If a member withdraws from membership under this Article, any debts (including fees) that have been incurred as of that time shall be paid in accordance with Chapter 4.

Article 10 (Equipment)
A User shall procure, at the User’s expense and on the User’s responsibility, any and all telecommunications equipment and software that are required for using the Services as well as any and all other equipment that is required incidental to such telecommunications equipment and software and shall have them in a condition in which the User can use the Services. In addition, the User shall, at the User’s expense and on the User’s responsibility, connect to the Services through a telecommunications service selected by the User.

Chapter 3: Obligations of a User

Article 11 (Principle of Self-Responsibility)
1. A User shall be responsible and liable for any and all acts that are performed through the use of the Services with the User’s ID as well as for any and all consequences of such acts, regardless of whether such acts have been performed by the User or not.
2. If a User is notified that an inquiry, complaint, etc., has been filed by another person (regardless of whether such other person is located in Japan or overseas; including non-Users; the same shall apply hereinafter) in connection with the use of the Services, the User shall handle and resolve such inquiry, complaint, etc., on the User’s responsibility and at the User’s expense.
3. If a User has a request, question, or complaint regarding another person’s action, the User shall notify such person directly and handle and resolve its consequences on the User’s responsibility and at the User’s expense.
4. If a User causes any damage to another person or the Company by using the Services (including any case in which another person or the Company suffers damage due to the User failing to perform any of his/her obligations under these Terms of Use), the User shall compensate for such damage on the User’s responsibility and at the User’s expense.

Article 12 (Responsibility to Manage ID and Password)
1. Unless otherwise prescribed by the Company, a User shall not allow another person to use, share with another person, or make available to another person, the User’s ID and corresponding password or the right to use the Services subject to identity verification, and shall bear all the responsibility for the use and management of the User’s ID and corresponding password.
2. If a member suffers any damage due to another person using the member’s ID and corresponding password, the Company bears no responsibility or liability whatsoever for such damage regardless of whether or not there exits willful misconduct or negligence on the part of the member. If a member forgets the password they have set, the member shall immediately notify the Company and follow the Company’s instructions. In addition, any use of the Services with such member’s ID and password shall be deemed to have been made by the member, and the member shall bear all debts (including fees).

Article 13 (Procedures)
1. Before using a Service , a User shall perform the procedures designated by the Service.
2. Please note that the Company may, at its discretion, send e mails to a User’s registered e mail address in order to relay operational Service notices, advertisements, and/or newsletters or as part of the standard features of the content provided. If an “Unsubscribe” button is placed at the bottom of an e mail sent by the Company, the receiving User may choose to stop receiving similar e mails.

Article 14 (Prohibition of Use Outside the Scope of Private Use)
1. Unless approved by the Company (the approval includes a User obtaining the consent of a third party via the Company if such third party holds rights to the relevant information ), a User may not use, for the purpose of reproduction, sale, or publication outside the scope of private use permitted under the Copyright Act, any data, information, text, remarks, software, etc., obtained through the Services (hereinafter collectively, “Data”). Even if such Data is not regarded as a work in the use of the Services, as long as such Data has been obtained through the Services, it shall be regarded as a work. Any act of placing Data in a condition in which an unspecified or large number of people are able to access it shall be regarded as an act of use that is outside the scope of private use, regardless of its objective.
2. A User may not have a third party perform any act that is in breach of the preceding paragraph.

Article 15 (Prohibition of Business Activities)
1. A User may not engage in business activities by using the Services or use the Services for commercial purposes or for the preparation of commercial activities (hereinafter, “Business Activities”).
2. Notwithstanding the preceding paragraph, if separately approved by the Company, a User may engage in Business Activities within the approved scope.

Article 16 (Other Prohibited Acts)
In addition to the preceding two (2) Articles, a User shall not perform any of the following acts through the Services:
(1) An act that infringes on or may infringe on copyrights, trademark rights, or other intellectual property rights of another person or the Company;
(2) An act that causes damage to or may cause damage to another person’s property, privacy, or portrait rights;
(3) An act that discriminates against or slanders another person or harms the reputation or credibility of another person;
(4) An act that leads to or may lead to fraud or other crimes;
(5) An act of sending or displaying images, documents, etc., that are considered sexually explicit content, child pornography, or child abuse;
(6) An act of creating a pyramid scheme or soliciting another person to join such pyramid scheme;
(7) An act of altering or erasing information of another person or the Company that can be accessed through the Services;
(8) An act of using the Services by assuming another person’s identity;
(9) An act of sending malicious computer programs or placing such malicious computer programs in a condition in which another can receive them;
(10) An act of running pre-election campaigns or election campaigns or any similar acts, or an act that violates the Public Offices Election Act;
(11) An act of sending e mails to another person without his/her permission for the purpose of advertisement, promotion, solicitation, etc., or an act of sending to another person e mails that are considered or may be considered unpleasant (harassing emails); an act of obstructing another person’s receipt of an e mail; or an act of requesting to send chain e mails, or an act of passing them on to other people in compliance with such request;
(12) An act of accessing, without authorization, equipment of another person or the service equipment (“service equipment” means telecommunications equipment, computers, and other devices and software that are procured by the Company for providing the Services; the same shall apply hereinafter), or an act that hinders or may hinder the use or operation of such equipment of another person or the service equipment;
(13) An act of collecting personal information of another person without his/her consent or by fraudulent means;
(14) An act of failing to perform any mandatory procedures under laws and regulations (such as filing notifications with the competent authorities or obtaining permits or licenses from the competent authorities, etc.), or other act that violates or may violate such laws and regulations;
(15) In addition to the preceding items, an act that violates laws and regulations, these Terms of Use, or the public order and morals (such as prostitution, violence, and cruelty), an act that obstructs the operation of the Services, an act that harms the Company’s credibility or causes damage to the Company’s property, or an act that causes disadvantages to another person or the Company; or
(16) An act of creating a link to Data in relation to which any of the acts mentioned in the preceding items are being performed (including any case in which such acts are performed by another person) in order to encourage such acts.

Chapter 4: Chargeable Services

Article 17 (Fees for the Services)
Fees for and the calculation method, etc., of chargeable Services including the Services for paid members (“services for paid members” means Services provided for a monthly or yearly fee; the same shall apply hereinafter) shall be as prescribed separately by the Company. The Company makes no refund of any fees that a User has already paid for any reason.

Article 18 (Means of Payment)
A User shall pay his/her debts (including fees) by a means of payment separately designated by the Company for each User.

Article 19 (Payment)
1. The amounts of monthly and yearly fees for the Services for paid members and of other fees for using the Services shall be as specified in a fee schedule separately prepared by the Company. A User shall pay such fees by a means of payment mentioned in the preceding Article in consideration of his/her use of the Services, unless the User has been registered under a free trial campaign and has canceled such Services during that free trial period.
2. Fees for chargeable Services shall be charged based on whether a User has been entitled to use such chargeable Services during each designated usage period and not based on whether the User has actually used such chargeable Services.
3. The Services for paid members shall automatically be renewed for periods of time designated per means of payment mentioned in the preceding Article. A paid member shall continue to pay the relevant fees unless he/she cancels such Services for paid members.
4. The Services for paid members may be canceled at any time during a usage period. From the time a paid member has canceled the Services for paid members, the paid member shall no longer be able to use them and shall pay any fees designated per means of payment mentioned in the preceding Article.
5. If a member does not cancel chargeable Services for whatever reason, the member shall be deemed to continue using them, and they shall be automatically renewed regardless of whether the member is actually using them and the member shall incur monthly or yearly fees.

Article 20 (Late Payment Interest)
1. If a User still fails to pay any debts (including fees) after the due date passes, the User shall pay in full, by the date and method designated by the Company, such outstanding debts (including fees) together with late payment interest in an amount calculated at the annual rate of fourteen point five percent (14.5%) according to the number of days from the day following the due date to the day preceding the day of payment.
2. A User shall bear any and all bank transfer fees and other expenses required for the payment mentioned in the preceding paragraph.

Chapter 5: Operation

Article 21 (Temporary Suspension of ID by the Company)
1. In any of the following situations, the Company may suspend the use of a member’s ID without obtaining the consent of that member:
(1) The Company determines that the member does not seem to have changed his/her password during a separately designated period of time;
(2) The member cannot be reached through phone, fax, e mail, etc.;
(3) Any mail sent to the member has been returned to the Company; or
(4) A situation other than ones mentioned in the preceding items which the Company considers to be an emergency.
2. Even if a member suffers any damage as a result of not being able to use the Services due to the Company taking the steps mentioned in the preceding paragraph, the Company bears no responsibility or liability for such damage.

Article 22 (Deletion of Data)
If any Data registered by a User in the service equipment exceeds a period of time or a volume designated by the Company per Service, the Company may delete such Data without prior notice to the User. In addition, the Company may delete any Data registered by a User in the service equipment without prior notice to the User for reasons related to the operation, management, and maintenance of the Services.

Article 23 (Changes to the Content of the Services)
The Company may change the content or name of the Services without prior notice to the Users.

Article 24 (Temporary Suspension of the Services)
1. If any of the following events occur , the Company may temporarily suspend the Services without prior notice to the Users:
(1) The Company performs periodic or emergency maintenance of the service equipment, etc.;
(2) The Services cannot be provided due to fire, a power outage, etc.;
(3) The Services cannot be provided due to an earthquake, a volcanic eruption, a flood, a tsunami, or other natural disasters;
(4) The Services cannot be provided due to war, an uprising, a riot, civil commotion, a labor dispute, etc.; or
(5) Other situations in which the Company deems it necessary to temporarily suspend the Services for operational or technical reasons.
2. The Company bears no responsibility or liability whatsoever for any damage that may be suffered by a User or another person as a result of any delay in or temporary suspension, etc., of the provision of the Services due to any of the events listed in the items of the preceding paragraph or for any other reason.

Article 25 (Disclaimer)
1. The Company makes no warranties with respect to the completeness, accuracy, usefulness, etc., of the content of the Services or of any information provided through the Services. The Company also does not bear any responsibility or liability whatsoever for any actions performed by or any services provided by a third party other than the Company in relation to the use of the Services. Even if the Company is held liable for damages, the Company shall only compensate for actual and direct damage, with the maximum amount of such damages being the amount of fees already paid by the relevant User. The Company bears no responsibility or liability for any damage arising from special circumstances, any lost profits, any indirect damage, or any other types of damage, regardless of whether such damage is foreseeable by the Company or not.

Article 26 (Termination of the Provision of the Services)
1. The Company may terminate the provision of all or part of the Services by giving prior notice online unless there are unavoidable circumstances wherein notice cannot be given online.
2. By taking the action mentioned in the preceding paragraph upon terminating the provision of the Services, the Company shall be released from any claims for damages that may be filed by a User or another person due to such termination.

Article 27 (Handling of Breaches of These Terms of Use)
1. The Company may take one or more of the measures below against a User if (a) the User is in breach of these Terms of Use, (b) a complaint, claim, etc., is filed by another person to the Company in relation to the User’s use of the Services and the Company deems it necessary to take such measures, or (c) the Company deems the relevant situation inappropriate for the operation of the Services for other reasons:
(1) The Company will demand that the User stop his/her breach of these Terms of Use and not repeat similar acts;
(2) The Company will demand that the User hold discussions with such other person in order to resolve such complaint, claim, etc.;
(3) The Company will demand that the User delete information that he/she has sent or displayed;
(4) Without prior notice to the User, the Company will delete or make inaccessible by another person all or part of the information that the User has sent or displayed; and
(5) With prior notice to the User, the Company will temporarily suspend the User’s membership or expel the User from membership; provided, however, that if the Company deems the relevant situation to be an emergency, the Company shall provide a notice afterwards.
2. The provisions of the preceding paragraph shall not be interpreted to deny the principle of self-responsibility mentioned in Article 11.
3. The User hereby agrees that the provisions of paragraph 1 do not obligate the Company to take the measures mentioned in paragraph 1. If the Company takes any of the measures mentioned in the items of paragraph 1, the relevant User shall release the Company from any responsibility or liability for any consequences arising from such measures.

Article 28 (Suspension of Membership and Expulsion from Membership by the Company)
1. In addition to the measures mentioned in item (5) of paragraph 1 of the preceding Article, if a User falls under any of the following, the Company may temporarily suspend the User’s membership or expel the User from membership without any prior notice or demand to the User:
(1) The User is found to fall under any of the items of paragraph 1 of Article 6;
(2) The User delays the payment of or refuses to pay any debts (including fees for the Services);
(3) The credit card or bank account designated by the User for payment has been suspended by a credit card company, an acquirer, etc.;
(4) A petition for bankruptcy is filed against the User;
(5) The User has received a demand mentioned in any of items (1) through (3) of paragraph 1 of the preceding Article but does not comply with the demand; or
(6) Other situations in which the Company determines the User to be unsuitable as a User.
2. If a User is expelled from membership under item (5) of paragraph 1 of the preceding Article or under the preceding paragraph, any and all obligations owed by the User to the Company as of that time (including any fees and other debts) shall be accelerated and become immediately due for payment, and the User shall fulfill all of such obligations in full.
3. In a case in which a member holds multiple IDs, if the Member’s membership is temporarily suspended or removed with respect to one of such IDs pursuant to item (5) of paragraph 1 of the preceding Article or to paragraph 1 of this Article, the Company may temporarily suspend or remove membership with respect to all the other IDs held by the member.
4. If the Company suffers any damage due to a User falling under any of the items of Article 16 or any of the items of paragraph 1 of this Article, the Company may claim from the User compensation for such damage regardless of whether or not the Company has temporarily suspended or removed the User’s membership.

Chapter 6: Services

Article 29 (Community)
1. A member may participate in various types of bulletin boards (hereinafter collectively, “Community”).
2. A member shall follow the Company’s instructions when making a post on and/or performing any other acts in a Community and observe the Community rules (if any) (hereinafter, the “Local Rules”).
3. At the Company’s discretion and without prior notice to the member, the Company may change the title of, copy, move, and/or make other changes within the relevant Community to any posts, etc., made by the member in that Community.
4. A member hereby agrees that if, in the relevant Community, the member commits an act of breach of these Terms of Use or the Local Rules of that Community, or if deemed necessary by the Company for other reasons, the Company will take the measures mentioned in the items of paragraph 1 of Article 27.
5. The provisions of the preceding three (3) paragraphs shall not be interpreted to deny the principle of self-responsibility of a User mentioned in Article 11. If there are procedures prescribed by the Company for the cancellation of the measures taken by the Company under the preceding paragraph, the relevant User shall follow such procedures.
6. The User hereby agrees that the provisions of paragraph 4 do not obligate the Company to take the measures mentioned in paragraph 4. If the Company takes any of the measures mentioned in paragraph 4, the relevant User shall release the Company from any responsibility or liability for any consequences arising from such measures.

Chapter 7: Personal Information and Confidentiality of Communications

Article 30 (Personal Information)
1. The Company shall properly handle personal information of its members (hereinafter, “Personal Information”) in accordance with its Privacy Policy separately posted online.
2. Except for the purposes below, the Company shall not disclose or provide a member’s Personal Information to any third party, nor use a member’s Personal Information for purposes other than the purpose of providing Services;
(1) To send to the User advertising or promotional materials, including e mails, of the Company or its business partners ;
(2) To send e mails to obtain the User’s consent to the use of his/her Personal Information;
(3) To provide Services and online advertisements tailored to the needs of the User;
(4) To send notices of the services of the Company (not necessarily the Services on this website) that are considered useful to the User or of products, services, etc., of a business partner of the Company via email or other means. For the aforementioned purpose, the Company may entrust Personal Information to advertisement distributors or other service providers to the extent necessary; or
(5) Other purposes to which the User has consented.
3. If a compulsory disposition is carried out under Article 218 of the Code of Criminal Procedure, the Company shall be released from the obligations mentioned in the preceding paragraph to the extent of such disposition.
4. The User hereby agrees that if the User makes his/her Personal Information public through the Services, Article 12 (Principle of Self-Responsibility) and paragraphs 2 and 3 of Article 25 (Disclaimer) will apply.
5. The Company may aggregate and analyze the attributes of the Users’ Personal Information and use and/or process it for operational purposes such as the development of new Services after altering it so that individuals cannot be identified or specified through it (such altered Personal Information shall hereinafter be referred to as “Statistical Data”). In addition, the Company may provide such Statistical Data to its business partners, etc.

Article 31 (Confidentiality of Communications)
1. The Company shall maintain the confidentiality of Users’ communications.
2. If a compulsory disposition is carried out under Article 218 of the Code of Criminal Procedure, the Company shall be released from the confidentiality obligations mentioned in the preceding paragraph to the extent of such disposition.
3. The Company may create Statistical Data by aggregating and analyzing the records of Users’ use of the Services and use and/or process such Statistical Data for operational purposes such as the development of new Services. In addition, the Company may provide such Statistical Data to its business partners.

Chapter 8: Miscellaneous

Article 32 (Agreed Court with Exclusive Jurisdiction)
If a need for litigation arises between a User and the Company, the User and the Company agree that the Tokyo District Court shall be the court with exclusive jurisdiction in the first instance between the User and the Company.

Article 33 (Governing Law)
These Terms of Use shall be governed by the laws of Japan.