DMM Membership Agreement

Article 1 (Membership Agreement)
  1. DMM.com Co., Ltd. (hereinafter referred to as the “Company”) sets forth the DMM Membership Agreement (hereinafter referred to as the “Membership Agreement”) and provides the Services the Company Operates (hereinafter referred to as the “Services”) to the DMM Member (hereinafter referred to as “Member”) in accordance with the Membership Agreement.
  2. The Company may, aside from the Membership Agreement, set forth an individual agreement for each of the Services (hereinafter referred to the “Individual Agreement”). When provisions of the Membership Agreement and the Individual Agreement differ, the provisions of the Individual Agreement shall prevail.
  3. Except as otherwise provided, the Individual Agreement, help and guide pages for the Services and other pages explaining the Services shall constitute a part of the Membership Agreement.
  4. The Member shall use the Services after consenting to the Membership Agreement.
Article 2 (Changes to the Membership Agreement)
  1. When the Company deems it necessary, it may at any time change the Membership Agreement without notifying the Member in advance.
  2. The changed Membership Agreement shall go into force when it is displayed on the Services or uploaded on the websites operated by the Company, and the Member who uses the Services after the change shall be deemed to have consented to the changed Membership Agreement.
Article 3 (Method to Give Notice to Member/Method for Member to Contact the Company)
  1. The Company shall give notice to the Member by e-mail, notice put on the websites or other methods the Company deems appropriate.
  2. When notice is given by e-mail, the notice shall be deemed to have reached the Member at the point of time when the Company sent e-mail to the Member.
  3. When notice is put on the websites, the notice shall be deemed to have reached the Member at the point of them when the notice was put on the websites.
  4. The Member shall contact the Company by the method designated by the Company.
Article 4 (Membership Registration)
  1. A person who wishes to use the Services shall register as a member by the method designated by the Company.
  2. When a minor registers as a member, he/she shall obtain the consent of his/her legal representative. When a minor registered as a member, the Company shall deem it as indicating that the legal representative has consented to the registration.
  3. Only those members aged 18 and older may use adults-only services out of the Services.
Article 5 (User ID and Password)
  1. The Member shall strictly manage his/her own user ID and password on his/her own responsibility, and the Company shall not be held responsible for any unauthorized use of the user ID and password by any third party.
  2. The Member may not let any third party use his/her own user ID and password, or assign or lend them to any third party.
  3. When the Services were used with the registered user ID and password, the Company shall consider that the Member having the registered user ID and password used the Services and the effects of such use shall be attributed to the said Member.
  4. When the Member came to know that his/her user ID and password were known to a third party and/or suspected of being used by a third party, the Member shall immediately report that to the Company and follow the instructions of the Company.
Article 6 (Authentification by Unique Subscriber ID)
  1. The Member who uses the unique cell phone subscriber ID shall strictly manage his/her own cell phone on his/her own responsibility, and the Company shall not be held responsible for any unauthorized use of the cell phone by any third party.
  2. When the Services were used with the registered unique cell phone subscriber ID, the Company shall consider that the Member having the registered unique cell phone subscriber ID used the Services and the effects of such use shall be attributed to the said Member.
  3. When the Member lost his/her cell phone with the registered unique subscriber ID and/or the Member came to know that the said cell phone is suspected of being used by a third party, the Member shall immediately report that to the Company and follow the instructions of the Company.
Article 7 (No Assignment)

The Company shall prohibit the Member from assigning, selling, lending, passing on, or licensing the membership, the right to use the Services based on the membership or the rights and obligations of the Member, or otherwise dispose of them.

Article 8 (Change in Registered Information)
  1. The Member shall, in case of any changes in e-mail address, telephone number, credit card information or other information registered with the Company, have an obligation to immediately change the registered information.
  2. The Company shall not be held responsible for any disadvantage or loss caused to the Member due to his/her failure to change the registered information.
Article 9 (Unsubscription from the Services)
  1. When the Member wishes to unsubscribe from the Services, he/she shall take procedures in the method prescribed by the Company.
  2. The Member shall lose the membership and shall no longer be able to use the Services with his/her unsubscription. Upon completion of the unsubscription procedures, the Member shall not be able to restore the lost membership.
  3. The Member shall not be able to excuse him/her from paying monetary obligations and other obligations owed to the Company by unsubscription.
  4. Unused prepaid payment instruments and virtual currencies usable for the Services (DMM points, toreta, and game chips, etc.) issued by the Company and held by the Member shall become null and void upon subscription, and the Company shall not refund or take other measures unless otherwise provided for in laws and regulations.
Article 10 (Services Usage Environment)
  1. The Member shall prepare at his/her own responsibility and expense his/her user terminal, electronic devices, communication equipment, software and Internet connection environment.
  2. The Member shall bear communication and other expenses that arise in connection with the use of the Services.
  3. When the Services are used via the proxy server and virtual private network (VPN) server, etc., the Services may not be used normally.
Article 11 (Member Self-Responsibility)
  1. When a dispute arose between the Member and a third party in connection with the use of the Services, the Member shall settle the dispute at his/her own responsibility and expense.
  2. When the Member caused damage to a third party in connection with the use of the Services, the Member shall compensate for the damage at his/her own responsibility and expense.
Article 12 (Settlements)
  1. The Member shall make payments for usage fees for the Services, prices for the purchase of goods within the Services, shipping costs and other expenses the Member is to bear (hereinafter referred to as the “Consideration”) in the payment method designated by the Company.
  2. The Member may make payments for the Consideration by the means of settlement provided by credit card service operators, electronic money payment settlement companies and/or cell phone operators (hereinafter referred to the “Settlement Company”).
  3. In the case of the preceding paragraph, the Member shall conclude a contract with the Settlement Company in accordance with terms, etc. set down by the Settlement Company. When a dispute arose between the Member and the Settlement Company, the Member shall settle the dispute at his/her own responsibility and the Company shall not get involved in the process.
  4. The Member shall bear settlement fees (only fees designated by the Company).
  5. The Member may not claim the refund of the Consideration paid from the Company for any reason whatsoever.
Article 13 (Prohibited Acts)
  1. The Company shall prohibit the Member from committing acts prescribed in the following items in using the Services:
    1. An act to infringe on copyrights, trademarks, design rights, patents, utility model rights and other intellectual property rights of the Company or any third party;
    2. An act to infringe on property rights, portrait rights, publicity rights, personal rights, honor rights, and privacy rights, etc. of the Company or any third party;
    3. An act that is contrary to public order and morality;
    4. An act that is contrary to the laws and regulations;
    5. A criminal act, an act that leads to a criminal act, and/or an act that encourages a criminal act;
    6. An act that is contrary to laws and regulations that regulate the distribution of child pornography, pornography and/or obscene material;
    7. An act to post false information;
    8. An act to place excessive burdens on the Company’s servers;
    9. An act to obstruct the operations of the Services;
    10. An act to use the Services for purposes other than the intended purposes of the provision of the Services;
    11. An act to delete, avoid and/or disable security, digital rights management (DRM) and other technological protection measures for the content provided by the Services;
    12. An act to disadvantage the Company or any third party;
    13. An act to disparage, threaten and/or harass the Company or any third party;
    14. An act to discriminate against or promote discrimination against any third party;
    15. An act to collect and disclose personal information or privacy information of a third party without his/her consent;
    16. Pre-election campaigning, election campaigning or acts similar to them and an act that comes into conflict with the Public Offices Election Act;
    17. An act to use the Services for the purpose of advertising the operations of the Member or any third party;
    18. An act to use the Services for the purpose of solicitation for a pyramid scheme and/or multilevel marketing;
    19. An act to post a link connecting outside of the Services;
    20. An act to pose an obstacle to the business of the Company;
    21. An act to register false information with the Services;
    22. An act prohibited under the DMM Membership Agreement or the Individual Agreement; and
    23. Other acts judged to be inappropriate by the Company.
  2. The Company shall make judgment on whether any act falls under the prohibited acts listed in the preceding paragraph at its own discretion, and the Company shall not be held accountable for the judgment made by the Company.
  3. The Company may, when it made the judgment that an act by the Member falls under any of the prohibited acts in Paragraph 1, take either or all of the measures prescribed in each of the following items without prior notice:
    1. Restrictions on the use of the Services;
    2. Decision to make the Member leave the Services by terminating his/her membership registration; and
    3. Other actions deemed necessary by the Company.
  4. The Company shall not be held responsible for any loss caused to the Member by the measures in the preceding paragraph.
  5. The Company may ask the Member to compensate for all damage, loss and expenses (including legal costs and attorney’s fees) caused to the Company by any act by committed
Article 14 (Restrictions on the Use of the Services)
  1. The Company may restrict the use of the Services by the Member when any of the following items is applicable:
    1. When the Member’s user ID and password are suspected of being used by a third party;
    2. When the registered information is suspected of containing false information;
    3. When payments of the Consideration, etc. are delayed or when payments are likely to be delayed;
    4. When the Company is unable to contact the Member; or
    5. Other cases judged to be necessary by the Company.
  2. The Company shall not be held responsible for any loss caused to the Member by the measures in the preceding paragraph.
Article 15 (Termination by the Company)
  1. The Company may terminate the membership registration of the Member and make him/her leave the Services without prior notice when the Member falls under any of the following items :
    1. When the registered information contains false information;
    2. When payments of the Consideration, etc. are delayed;
    3. When the credit standing of the Member deteriorates and it is deemed difficult to continue payments of the Consideration, etc.
    4. When the Company made the decision to make the Member leave the Services in the past;
    5. When heirs, etc. of the Member contacted the Company to inform that the Member is dead or the Company was able to confirm the death of the Member;
    6. When the Company judged the Member to fall under the category of antisocial forces, etc. (“boryokudan” crime syndicates, “boryokudan” members, associate “boryokudan” members, “sokaiya” corporate racketeers, groups engaging in criminal activities under the pretext of conducting social campaigns or political activities and crime syndicates with specific intelligence, etc.);
    7. When petitions were filed against the Member for the commencement of bankruptcy proceedings or civil rehabilitation proceedings against the Member;
    8. When the ruling for commencement of guardianship, the ruling for commencement of curatorship or the ruling for commencement of assistance were handed down against the Member;
    9. When the Member failed to respond to the Company’s request in good faith;
    10. Other cases judged to be inappropriate by the Company.
  2. The Company shall not be held responsible for any loss caused to the Member by the measures in the preceding paragraph.
  3. The Member who was made to leave the Services by the measure in Paragraph 1 shall lose the benefit of time when he/she was made to leave the Services, and shall immediately perform all obligations owed to the Company.
  4. The provisions of Paragraph 2 to Paragraph 4 of Article 9 shall apply mutatis mutandis to cases of the Member leaving the Services under this article.
Article 16 (Suspension of the Provision of the Services)
  1. The Company may suspend the provision of the Services when any of the following items is applicable:
    1. When maintenance and/or inspection of the Services are conducted;
    2. When fire, power failure or other accidents occurred;
    3. When extraordinary natural phenomena or other emergencies occurred;
    4. When system failures or network failures occurred;
    5. When unavoidable business grounds arose;
    6. Other cases judged to be necessary by the Company.
  2. The Company shall not be held responsible for any loss, etc. caused to the Member by the Member’s inability to use the Services by the measures in the preceding paragraph.
  3. Notwithstanding the provisions of the two preceding paragraphs, when the unavailability of the Services continued for 72 hours or longer for reasons attributable to the Company, the Company shall compensate for actual loss caused to the Member by the Service by either of the following methods at its own discretion. However, the Member shall make a claim for the compensation to the Company within one month of the occurrence of the loss. The Member shall lose the right to claim the compensation when it fails to make the claim within the prescribed period.
  1. The method to reduce the fees for using the Service the Member is to settle in the months ahead by an amount equivalent to the compensation amount;
  2. The method to provide the Member with the right to use the Service for an amount equivalent to the compensation amount.
Article 17 (Changes to, Addition to and Abolition of the Services)
  1. The Company may, at any time, change, add to, or abolish the whole or part of the Services (including the content of the Services, specifications of the Services, usage fees of the Services and changes in the prices of goods sold under the Services, but not limited to them).
  2. The Company shall not be held responsible whatsoever for the changes in, addition to, or abolish the whole or part of the Services under the preceding paragraph.
  3. When the Company changes, adds to, or abolishes the whole or part of the Services pursuant to the provisions of Paragraph 1, the Company shall notify the Member to that effect by a considerable period of time ahead, except in emergency or unavoidable cases.
Article 18 (Indemnity)
  1. The Company shall not guarantee whatsoever that the Services are compatible with the specific purposes of the Member and that the Services have the quality and value expected by the Member;
  2. The Company shall not guarantee the completeness, accuracy, certainty, reliability, and usefulness, etc. of the Services. The Company shall not guarantee that there are no effective or legal effects in the Services.
  3. The Company shall not be held responsible whatsoever for the disadvantage and/or loss caused to the Member by the use of the Services.
  4. The Company shall not be held responsible whatsoever for the disadvantage and/or loss caused to the Member by the unavailability of the Services.
  5. When the contract concerning the use of the Services between the Company and the Member falls under the category of a consumer contract under the Consumer Contract Act, the provisions of the Membership Agreement that completely absolve the Company from its liability for damages shall not be applicable. In this case, when the loss caused to the Member arises out of default or tort on the part of the Company, the Company shall be liable for damages up to an amount the Member paid to the Company as the Consideration for the use of the Services in the past month, except where there is willful or gross negligence on the part of the Company.
  6. Of hyperlink destinations provided on the websites managed by the Company, the Company shall not be held responsible whatsoever for the websites managed by a third party as they are not the websites managed by the Company.
Article 19 (Intellectual Property Rights)
  1. Copyrights, neighboring rights, trademarks, design rights and other intellectual property rights of videos, sounds, programs, characters, images, illustrations, designs, trademarks, logos, and all other information provided by the Services (hereinafter referred to as the “Content”) shall belong to the Company or third parties that licensed them to the Company.
  2. The Member shall not take any action to infringe on the rights of the Company or any third party for the Content.
Article 20 (Assignment of Business) When the Company assigned the business related to the Services to a third party, the Company may, as a consequence of the assignment of the business, assign to the assignee of the business the status of the operator of the Services, and the rights and obligations under the Membership Agreement as well as the registered information of the Member and other information. The Member shall consent in advance to the assignment of the status of the Member, and the rights and obligations under the Membership Agreement as well as the registered information of the Member and other information. Article 21 (Outsourcing)
  1. The Company may outsource the whole or part of the business of the Services to let a third party (including a third party in a foreign country) undertake the said business, and the Member shall consent to the outsourcing arrangement in advance.
  2. In the case of the preceding paragraph, when the Company deems it necessary, the Company may provide personal information of the Member to a third party (including a third party in a foreign country), and the Member shall consent to this in advance.
Article 22 (Assignments of Claims)
  1. The Member shall in advance consent without objection to that the Company may assign claims it has on the Member to a third party (hereinafter referred to as the “Assignee of Claims”).
  2. In the case of the preceding paragraph, the Member shall in advance consent without objection to that the Company provide the Assignee of Claims with the name, address and telephone number of the Member as well as information necessary in making a claim for the claims in order to use them in claiming and collecting the assignment of claims.
  3. In the case of Paragraph 1, the Company and the Assignee of Claims, shall skip the individual notification to the Member or the claim for his/her consent to the assignment.
Article 23 (Liability for Damages) When the Member caused loss to the Company in connection with the use of the Services, the Member shall be held liable for compensation for the loss. Article 24 (Governing Law and Agreed Court with Exclusive Jurisdiction)
  1. The Membership Agreement shall be construed in accordance with the laws of Japan.
  2. The Tokyo District Court shall be the agreed court with exclusive jurisdiction of the first instance for settlement of all disputes arising between the Company and the Member over the Services or the Membership Agreement.
Article 25 (Handling of Personal Information) The Company shall handle personal information of the Member in accordance with “Handling of Personal Information” set forth by the Company. Article 26 (Severability) Even if any clause or part of it of the Membership Agreement is held to be invalid or unenforceable under the Consumer Contract Act or any other laws and regulations, the remaining provisions of the Membership Agreement shall be fully valid and remain effective. Article 27 (DMM.R18)
  1. Services provided within the website named DMM.R18 shall include the service (hereinafter referred to as the “DCM Service”) provided by Digital Commerce Co., Ltd. (hereinafter referred to as “DCM”) to its members.
  2. The Member shall, in using the DCM Service, consent to the terms of service and other rules and regulations set by DCM.3. The provider of the DCM Service shall be DCM, and when the Member uses the DCM Service, the contract on the use of the DCM Service shall be established between the Member and the DCM Service.
  3. The Member shall consent to DCM assigning claims on an amount equivalent to the fees for the use of the DCM Service to the Company, and the Member shall make payment for the amount of the fees for the use of the DCM Service to the Company based in response to the Company’s request.
  4. .When the Member uses the DCM Service, the provisions of Article 10 through Article 24 of the Membership Agreement shall be applicable by reading the “Services” as the “DCM Service” and the “Company” as “DCM.”
(Supplementary Provisions)